UKPGA-1994-40 — Deregulation and Contracting Out Act 1994

preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I

Deregulation

s. 1 — Power to remove or reduce certain statutory burdens on businesses, individuals etc.

s. 1(1)

If, with respect to any provision made by an enactment, a Minister of the Crown is of the opinion—he may, subject to the following provisions of this section and sections 2 to 4 below, by order amend or repeal that enactment.

s. 1(1)(a)

that the effect of the provision is such as to impose, or authorise or require the imposition of, a burden affecting any person in the carrying on of any trade, business or profession or otherwise, and

s. 1(1)(b)

that, by amending or repealing the enactment concerned and, where appropriate, by making such other provision as is referred to in subsection (4)(a) below, it would be possible, without removing any necessary protection, to remove or reduce the burden or, as the case may be, the authorisation or requirement by virtue of which the burden may be imposed,

s. 1(2)

The reference in subsection (1)(b) above to reducing the authorisation or requirement by virtue of which a burden may be imposed includes a reference to shortening any period of time within which the burden may be so imposed.

s. 1(3)

In this section and sections 2 to 4 below, in relation to an order under this section,—

s. 1(3)(a)

“the existing provision” means the provision by which the burden concerned is imposed or, as the case may be, is authorised or required to be imposed; and

s. 1(3)(b)

“the relevant enactment” means the enactment containing the existing provision.

s. 1(4)

An order under this section shall be made by statutory instrument and may do all or any of the following—but no order shall be made under this section unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

s. 1(4)(a)

make provision (whether by amending any enactment or otherwise) creating a burden which relates to the subject matter of, but is less onerous than that imposed by, the existing provision;

s. 1(4)(b)

make such modifications of enactments as, in the opinion of the Minister concerned, are consequential upon, or incidental to, the amendment or repeal of the relevant enactment;

s. 1(4)(c)

contain such transitional provisions and savings as appear to the Minister to be appropriate;

s. 1(4)(d)

make different provision for different cases or different areas;

s. 1(5)

In this section and sections 2 to 4 below—

s. 1(5)(a)

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 and includes the Scottish Ministers where the functions of a Minister of the Crown under this section have transferred to them under section 53 of the Scotland Act 1998 and “Minister” shall be construed accordingly;

s. 1(5)(b)

“burden” includes a restriction, requirement or condition (including one requiring the payment of fees), together with—

s. 1(5)(b)(i)

any sanction (whether criminal or otherwise) for failure to observe the restriction or to comply with the requirement or condition; and

s. 1(5)(b)(ii)

any procedural provisions (including provisions for appeal) relevant to that sanction; and

s. 1(5)(c)

“enactment”, subject to subsection (6) below, means an enactment contained in this Act or in any other Act passed before or in the same Session as this Act, or any provision of an order under this section.

s. 1(6)

In paragraph (c) of subsection (5) above—

s. 1(6)(a)

“Act” does not include anything contained in Northern Ireland legislation, within the meaning of section 24 of the Interpretation Act 1978; and

s. 1(6)(b)

the reference to an enactment is a reference to an enactment as for the time being amended, extended or applied by or under any Act mentioned in that paragraph.

s. 1(7)

Where a restriction, requirement or condition is subject to a criminal sanction (as mentioned in subsection (5)(b)(i) above), nothing in this section shall authorise the making of an amendment which would have the effect of leaving the restriction, requirement or condition in place but producing a different criminal sanction or altering any procedural provisions relevant to the criminal sanction.

s. 2 — Limitations on the power under section 1.

s. 2(1)

If an order under section 1 above creates a new criminal offence, then, subject to subsections (2) and (3) below, that offence shall not be punishable—

s. 2(1)(a)

on indictment with imprisonment for a term of more than two years; or

s. 2(1)(b)

on summary conviction with imprisonment for a term exceeding six months or a fine exceeding level 5 on the standard scale or both.

s. 2(2)

In the case of an offence which, if committed by an adult, is triable either on indictment or summarily and is not an offence triable on indictment only by virtue of—the reference in subsection (1)(b) above to level 5 on the standard scale shall be construed as a reference to the statutory maximum.

s. 2(2)(a)

Part V of the Criminal Justice Act 1988, or

s. 2(2)(b)

section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995,

s. 2(3)

If an order under section 1 above abolishes an offence contained in the relevant enactment and the maximum penalties for that offence are greater than those specified in subsection (1) above, the order may create a new criminal offence having maximum penalties not exceeding those applicable to the offence which is abolished.

s. 2(4)

An order under section 1 above shall not contain any provision—unless, and then only to the extent that, a provision to that effect is contained in the relevant enactment and is abolished by the order.

s. 2(4)(a)

providing for any forcible entry, search or seizure, or

s. 2(4)(b)

compelling the giving of evidence,

s. 3 — Preliminary consultation.

s. 3(1)

Before a Minister makes an order under section 1 above, he shall—

s. 3(1)(a)

consult such organisations as appear to him to be representative of interests substantially affected by his proposals; and

s. 3(1)(b)

consult such other persons as he considers appropriate.

s. 3(2)

If it appears to the Minister, as a result of the consultation required by subsection (1) above, that it is appropriate to vary the whole or any part of his proposals, he shall undertake such further consultation with respect to the variations as appears to him to be appropriate.

s. 3(3)

If, after the conclusion of—the Minister considers it appropriate to proceed with the making of an order under section 1 above, he shall lay before Parliament or, where the Minister is a Scottish Minister, before the Scottish Parliament a document containing his proposals in the form of a draft of the order, together with details of the matters specified in subsection (4) below.

s. 3(3)(a)

the consultation required by subsection (1) above, and

s. 3(3)(b)

any further consultation undertaken as mentioned in subsection (2) above,

s. 3(4)

The matters referred to in subsection (3) above are—

s. 3(4)(a)

the burden, authorisation or requirement which it is proposed to remove or reduce;

s. 3(4)(b)

whether the existing provision affords any necessary protection and, if so, how that protection is to be continued if the burden, authorisation or requirement is removed or reduced;

s. 3(4)(c)

whether any savings in cost are estimated to result from the proposals and, if so, either the estimated amount or the reasons why savings should be expected;

s. 3(4)(d)

any other benefits which are expected to flow from the removal or reduction of the burden, authorisation or requirement;

s. 3(4)(e)

any consultation undertaken as required by subsection (1) or subsection (2) above;

s. 3(4)(f)

any representations received as a result of that consultation; and

s. 3(4)(g)

the changes (if any) which the Minister has made to his original proposals in the light of those representations.

s. 3(5)

In giving details of the representations referred to in subsection (4)(f) above, the Minister shall not disclose any information relating to a particular person or business except—

s. 3(5)(a)

with the consent of that person or of the person carrying on that business; or

s. 3(5)(b)

in such a manner as not to identify that person or business.

s. 3(6)

If, before the day on which this section comes into force, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of subsection (1) above, those requirements shall to that extent be taken to have been satisfied.

s. 4 — Parliamentary consideration of proposals.

s. 4(1)

Where a document has been laid before Parliament under section 3(3) above, no draft of an order under section 1 above to give effect (with or without variations) to proposals in that document shall be laid before Parliament until after the expiry of the period for Parliamentary consideration, as defined in subsection (2) below.

s. 4(2)

In this section “the period for Parliamentary consideration”, in relation to a document, means the period of sixty days beginning on the day on which it was laid before Parliament.

s. 4(3)

In reckoning the period of sixty days referred to in subsection (2) above, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days and, in relation to the Scottish Parliament, no account shall be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days..

s. 4(4)

In preparing a draft of an order under section 1 above to give effect, with or without variations, to proposals in a document laid before Parliament under section 3(3) above, the Minister concerned shall have regard to any representations made during the period for Parliamentary consideration and, in particular, to any resolution or report of, or of any committee of, either House of Parliament with regard to the document.

s. 4(5)

Together with a draft of an order laid before Parliament under section 1(4) above, the Minister concerned shall lay a statement giving details of—

s. 4(5)(a)

any representations, resolution or report falling within subsection (4) above; and

s. 4(5)(b)

the changes (if any) which, in the light of any such representations, resolution or report, the Minister has made to his proposals as contained in the document previously laid before Parliament under section 3(3) above.

s. 4(6)

Subsection (5) of section 3 above shall apply in relation to the representations referred to in subsection (5)(a) above as it applies in relation to the representations referred to in subsection (4)(f) of that section.

s. 5 — Powers to improve enforcement procedures.

s. 5(1)

If, with respect to any provision made by an enactment, a Minister of the Crown is of the opinion—he may, subject to the following provisions of this section, by order exercise the power or powers accordingly.

s. 5(1)(a)

that the effect of the provision is such as to impose, or authorise or require the imposition of, a restriction, requirement or condition affecting any person in the carrying on of any trade, business or profession or otherwise, and

s. 5(1)(b)

that, by exercising any one or more of the powers conferred by Schedule 1 to this Act, it would be possible, without jeopardising any necessary protection, to improve (so far as fairness, transparency and consistency are concerned) the procedures for enforcing the restriction, requirement or condition,

s. 5(2)

No order shall be made under this section in any case where the sole or main effect which the restriction, requirement or condition may be expected to have on each person on whom it is imposed is an effect on him in his personal capacity, and not as a person carrying on a trade, business or profession.

s. 5(3)

Where the relevant enactment—the Minister shall consult with that person before he makes an order under this section.

s. 5(3)(a)

contains a power for the Minister to make regulations or orders; and

s. 5(3)(b)

provides for that power to be exercisable so as to give effect, with or without modifications, to proposals submitted by some other person,

s. 5(4)

An order under this section shall be made by statutory instrument and may do all or any of the following—and a statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 5(4)(a)

make provision as to the consequences of any failure to comply with a provision made by the order;

s. 5(4)(b)

contain provisions (including provisions modifying enactments relating to the periods within which proceedings must be brought) which are consequential upon, or supplemental or incidental to, the provisions made by the order;

s. 5(4)(c)

contain such transitional provisions and savings as appear to the Minister to be appropriate;

s. 5(4)(d)

make different provision for different cases or different areas;

s. 5(5)

Nothing in any order made under this section shall—

s. 5(5)(a)

preclude an enforcement officer from taking immediate enforcement action against any person, or from requiring any person to take immediate remedial action, in any case where it appears to the officer to be necessary to take such action or impose such a requirement; or

s. 5(5)(b)

require such an officer to disclose any information the disclosure of which would be contrary to the public interest.

s. 5(6)

In this section and Schedule 1 to this Act—“enactment” means an enactment within the meaning of section 1 above, and any subordinate legislation made under such an enactment;“enforcement action”—in relation to any restriction, requirement or condition, means any action taken with a view to or in connection with imposing any sanction (whether criminal or otherwise) for failure to observe or comply with it; and in relation to a restriction, requirement or condition relating to the grant or renewal of licences, includes any refusal to grant, renew or vary a licence, the imposition of any condition on the grant or renewal of a licence and any variation or revocation of a licence;“enforcement officer” does not include—the Director of Public Prosecutions; the Lord Advocate or a procurator fiscal; or the Director of Public Prosecutions for Northern Ireland, but, subject to that, means any person who is authorised, whether by or under the relevant enactment or otherwise, to take enforcement action;“licence” includes any authorisation (by whatever name called) to do anything which would otherwise be unlawful;“Minister of the Crown” and “Minister” have the same meanings as in section 1 above;“the relevant enactment” means the enactment containing the provision by which the restriction, requirement or condition is imposed or, as the case may be, is authorised or required to be imposed;“remedial action” means action taken by any person in order to avoid enforcement action being taken against him;“subordinate legislation” has the same meaning as in the Interpretation Act 1978.

s. 6 — Model provisions with respect to appeals.

s. 6(1)

The Secretary of State shall by order prescribe model provisions with respect to appeals against enforcement action with a view to their being incorporated, if thought fit and with or without modifications, in enactments to which subsection (2) below applies.

s. 6(2)

This subsection applies to enactments which include provision the effect of which is to impose, or authorise or require the imposition of, a restriction, requirement or condition affecting any person in the carrying on of any trade, business or profession or otherwise.

s. 6(3)

The Secretary of State shall perform his duty under this section in the manner which he considers is best calculated to secure—

s. 6(3)(a)

that appeals determined in accordance with the model provisions are determined without unnecessary delay; and

s. 6(3)(b)

that the costs or expenses incurred by the parties to appeals so determined are kept to the minimum.

s. 6(4)

Model provisions prescribed by an order under this section may provide for the appointment of persons to hear and determine appeals and confer powers on persons so appointed, including in particular—

s. 6(4)(a)

power to appoint experts and their own counsel or solicitor;

s. 6(4)(b)

power to require respondents to disclose documents and other material;

s. 6(4)(c)

power to summon or, in Scotland, to cite witnesses;

s. 6(4)(d)

power to make interim orders, including orders staying or, in Scotland, suspending enforcement action; and

s. 6(4)(e)

power to award costs or expenses to appellants and, in certain cases, against them.

s. 6(5)

Model provisions so prescribed may also—

s. 6(5)(a)

confer a right for interested persons to make representations before enforcement action is taken;

s. 6(5)(b)

require the giving of reasons to such persons for any decision to take such action;

s. 6(5)(c)

require appellants to state their grounds of appeal and respondents to furnish statements by way of answer;

s. 6(5)(d)

enable appellants to amend their grounds of appeal before the hearing;

s. 6(5)(e)

require appeals to be determined on the merits rather than by way of review; and

s. 6(5)(f)

provide for further appeals to courts on points of law.

s. 6(6)

An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 6(7)

In this section—“enactment” does not include anything contained in Northern Ireland legislation but, subject to that, includes an enactment contained in an Act (whenever passed) and an enactment contained in subordinate legislation (whenever made);“enforcement action” has the same meaning as in section 9 of the Regulatory Reform Act 2001;“interested person” means—the person against whom enforcement action may be or has been taken;

s. 6(7)(b)

any other person who will or may be required to meet, or to make a significant contribution towards, the cost of observing the restriction or complying with the requirement or condition; or

s. 6(7)(c)

where the enforcement action which may be or has been taken relates specifically to goods or services which are to be or have been supplied by a person other than the one against whom enforcement action may be or has been taken, that person;“Northern Ireland legislation” means—Northern Ireland legislation within the meaning of section 24 of the Interpretation Act 1978; and instruments, within the meaning of the Interpretation Act (Northern Ireland) 1954, made under such legislation;“subordinate legislation” has the same meaning as in the Interpretation Act 1978.

s. 7 — Undertakings as alternative to monopoly reference by Director General of Fair Trading.

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s. 8 — Newspaper mergers: meaning of “newspaper proprietor” etc.

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s. 9 — Undertakings as alternative to merger reference: non-divestment matters.

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s. 10 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 11 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 12 — Anti-competitive practices: competition references.

s. 12(1)

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s. 12(2)

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s. 12(3)

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s. 12(4)

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s. 12(5)

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s. 12(6)

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s. 12(7)

Schedule 4 to this Act (which makes provision about sectoral regulators and with respect to transition) shall have effect.

s. 13 — Striking off of non-trading private companies.

s. 13(1)

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s. 13(2)

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s. 14 — Repeal of section 43 of the Weights and Measures Act 1985.

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s. 15 — Building societies: issue of deferred shares at a premium.

In section 7 of the Building Societies Act 1986 (power to raise funds) after subsection (2) there shall be inserted—

s. 16 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 17 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 18 — Licensed premises at international ports: permitted hours.

s. 18(1)

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s. 18(2)

In the Licensing (Scotland) Act 1976, after section 63 there shall be inserted—

s. 19 — Bars in licensed premises in England and Wales: children’s certificates.

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s. 20 — Betting on Sundays.

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s. 21 — Sporting events and activities on Sundays.

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s. 22 — Sunday opening of certain licensed premises in Scotland.

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s. 23 — Repeal of Part I of the Shops Act 1950.

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s. 24 — Repeal of remainder of the Shops Act 1950.

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s. 25 — Controls on fund-raising for charitable institutions: exclusion of connected companies.

s. 25(1)

In Part II of the Charities Act 1992 (control of fund-raising for charitable institutions) section 58(1) (definitions) shall be amended as follows.

s. 25(2)

In the definition of “commercial participator”, after “person” there shall be inserted “ (apart from a company connected with the institution) ”.

s. 25(3)

In paragraph (a) of the definition of “professional fund-raiser”, after “institution” there shall be inserted “ or a company connected with such an institution ”.

s. 26 — Offences under section 63 of the Charities Act 1992: creation of statutory defence.

s. 26(1)

Section 63 of the Charities Act 1992 (which makes it an offence to solicit property for an institution while falsely representing that it is a registered charity) shall be amended as follows.

s. 26(2)

After subsection (1) there shall be inserted—

s. 26(3)

In subsection (2) (meaning of “registered charity”) for the words “subsection (1)” there shall be substituted “ this section ”.

s. 27 — Applications for permits to conduct public charitable collections: time-limits.

In section 67 of the Charities Act 1992 (applications for permits to conduct public charitable collections) paragraph (b) of subsection (3) (which provides that an application shall not be made more than six months before the relevant day) and the word “but” immediately preceding it shall be omitted.

s. 28 — Annual audit or examination of charity accounts.

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s. 29 — Annual reports of charities.

s. 29(1)

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s. 29(2)

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s. 29(3)

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s. 29(4)

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s. 29(5)

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s. 29(6)

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s. 29(7)

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s. 29(8)

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s. 30 — Annual returns by charities.

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s. 31 — Slaughterhouses and knackers’ yards: uniting of enforcement functions.

Schedule 9 to this Act (which contains provisions designed to facilitate the uniting of enforcement functions relating to slaughterhouses and knackers’ yards) shall have effect.

s. 32 — Building regulations: power to repeal or modify provisions of local Acts.

s. 32(1)

In Schedule 1 to the Building Act 1984 (building regulations) in paragraph 11(1), after paragraph (b) there shall be inserted.

s. 32(2)

In section 14 of that Act (consultation) there shall be inserted at the end—

s. 33 — Amendment of duty of care etc. as respects waste.

s. 33(1)

In section 34 of the Environmental Protection Act 1990 (duty of care etc. as respects controlled waste), after subsection (4) there shall be inserted—

s. 33(2)

Subsection (1) above shall be deemed always to have had effect, except in relation to any proceedings for failure to comply with the duty imposed by section 34(1) of that Act which were commenced before the coming into force of subsection (1) above.

s. 33(3)

Where any such proceedings have not been disposed of before the coming into force of subsection (1) above, it shall be a defence to show that the conduct in question would not have constituted a breach of the duty concerned had subsection (1) above been in force at the time.

s. 34 — Controls on London lorries: replacement of discretionary exceptions.

s. 34(1)

Subsection (3) below applies to any order having effect under or by virtue of section 6 (orders similar to traffic regulation orders) or 9 (experimental traffic orders) of the Road Traffic Regulation Act 1984 (“the 1984 Act”) which provides for a relevant traffic control to be subject to a relevant exception, being an order in relation to which the appropriate authority is a London borough council or the Common Council of the City of London.

s. 34(2)

For the purposes of this section—

s. 34(2)(a)

a relevant traffic control is a prohibition or restriction on the use of a road for traffic which does not apply to motor vehicles generally but applies to some or all heavy commercial vehicles, and

s. 34(2)(b)

a relevant exception is an exception whose application, in the case of any heavy commercial vehicles, depends to any extent on the exercise of a delegated discretion.

s. 34(3)

The Secretary of State may, for the purpose of replacing a relevant exception to a relevant traffic control with such other exception as he thinks fit, by order make any such variation of an order to which this subsection applies as the appropriate authority may make.

s. 34(4)

The Secretary of State shall only exercise the power conferred by subsection (3) above if he is satisfied that doing so—

s. 34(4)(a)

will have the effect that less of a burden is imposed on the carrying on of business, and

s. 34(4)(b)

will not have the effect of removing any necessary protection.

s. 34(5)

The Secretary of State may, for the purpose of amending as he thinks fit an exception introduced under subsection (3) above (including such an exception as amended), by order make any such variation of the order varied under that subsection as the appropriate authority may make.

s. 34(6)

The Secretary of State may, for the purpose of amending as he thinks fit a provision of an order having effect under or by virtue of section 6 or 9 of the 1984 Act which re-enacts (with or without modification) an exception introduced under subsection (3) above (including such an exception as amended) (“a re-enactment order”), by order make any such variation of the order as the appropriate authority may make.

s. 34(7)

The Secretary of State shall only exercise the power conferred by subsection (5) or (6) above if he is satisfied—

s. 34(7)(a)

that, if he does so, it will still be the case that less of a burden is imposed on the carrying on of business than was imposed before the replacement under subsection (3) above, and

s. 34(7)(b)

that doing so will not have the effect of removing any necessary protection.

s. 34(8)

Paragraphs 35 to 37 of Part VI of Schedule 9 to the 1984 Act (validity of certain orders) shall apply to an order under this section as they apply to an order to which that Part applies; and in those paragraphs, in their application by virtue of this subsection—

s. 34(8)(a)

“the relevant powers” means the powers conferred by this section with respect to the order in question, and

s. 34(8)(b)

“the relevant requirements” means the requirements of this section with respect to that order.

s. 34(9)

Before making any order under this section, the Secretary of State shall consult with such representative organisations as he thinks fit; and any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 34(10)

Where in the case of any order proposed to be made by the council of a London borough or the Common Council of the City of London under or by virtue of section 6 or 9 of the 1984 Act, it is proposed to include in the order any provision—the order shall not be made except with the consent of the Secretary of State.

s. 34(10)(a)

varying or revoking an order under this section,

s. 34(10)(b)

varying or revoking an order having effect under or by virtue of section 6 or 9 of that Act which is varied by an order under this section, or

s. 34(10)(c)

varying or revoking a re-enactment order,

s. 34(11)

Where, in the case of any order proposed to be made by the council of a London borough or the Common Council of the City of London under or by virtue of section 9 of the 1984 Act, it is proposed to include in the order provision under section 10(1)(a) of that Act relating to—the order shall not be made except with the consent of the Secretary of State.

s. 34(11)(a)

an order under this section,

s. 34(11)(b)

an order having effect under or by virtue of section 6 or 9 of that Act which is varied by an order under this section, or

s. 34(11)(c)

a re-enactment order,

s. 34(12)

In this section—“appropriate authority”, in relation to an order having effect under or by virtue of section 6 or 9 of the 1984 Act, means the authority by which the order is, or is deemed to be, made;“heavy commercial vehicle” and “road” have the same meanings as in the 1984 Act;“motor vehicle” means a vehicle treated as a motor vehicle for the purposes of the 1984 Act;“re-enactment order” has the meaning given by subsection (6) above; and“the 1984 Act” has the meaning given by subsection (1) above.

s. 35 — Employment agencies etc.: replacement of licensing.

Schedule 10 to this Act (which provides for the replacement of licensing in relation to employment agencies etc.) shall have effect.

s. 36 — Unfair dismissal: selection for redundancy.

s. 36(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 36(2)

Article 22C(1)(e) of the Industrial Relations (Northern Ireland) Order 1976 (corresponding provision for Northern Ireland) shall be omitted.

s. 37 — Power to repeal certain health and safety provisions.

s. 37(1)

The appropriate authority may by regulations repeal or, as the case may be, revoke—

s. 37(1)(a)

any provision which is an existing statutory provision for the purposes of Part I of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”),

s. 37(1)(b)

any provision of regulations under section 15 of the 1974 Act (health and safety regulations) which has effect in place of a provision which was an existing statutory provision for the purposes of that Part,

s. 37(1)(ba)

any of the relevant nuclear provisions,

s. 37(1)(bb)

any provision of regulations under section 74 of the Energy Act 2013 which has effect in place of any of the relevant nuclear provisions,

s. 37(1)(c)

any provision which is an existing statutory provision for the purposes of the Health and Safety at Work (Northern Ireland) Order 1978 (“the 1978 Order”), or

s. 37(1)(d)

any provision of regulations under Article 17 of the 1978 Order (health and safety regulations) which has effect in place of a provision which was an existing statutory provision for the purposes of that Order.

s. 37(2)

Before making regulations under subsection (1) above, the appropriate authority shall consult—and, in either any case, such other persons as the appropriate authority considers appropriate.

s. 37(2)(a)

in the case of regulations under paragraph (a) or (b) of that subsection, the Health and Safety Commission,

s. 37(2)(a)

in the case of regulations under paragraph (a) of that subsection repealing or revoking a provision specified in section 117(4) of the Railways Act 1993, the Office of Rail and Road,

s. 37(2)(aa)

in the case of regulations under paragraph (a) of that subsection not falling within paragraph (a) of this subsection, the Health and Safety Executive,

s. 37(2)(ab)

in the case of regulations under paragraph (b) of that subsection revoking a provision of regulations which make provision exclusively in relation to transport systems falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005, the Office of Rail and Road,

s. 37(2)(ac)

in the case of regulations under paragraph (b) of that subsection not falling within paragraph (ab) of this subsection, the Health and Safety Executive,

s. 37(2)(ad)

in the case of regulations under paragraph (ba) or (bb) of that subsection, the Office for Nuclear Regulation,

s. 37(2)(b)

in the case of regulations under paragraph (c) or (d) of that subsection, the Health and Safety Agency for Northern Ireland,

s. 37(3)

Instead of consulting such other persons as the appropriate authority considers it appropriate to consult under subsection (2) above, the authority may require the Health and Safety Commission or, as the case may be, the Health and Safety Agency for Northern Ireland the required consultee to consult such persons as it considers appropriate for the purpose of deciding how it should respond to consultation under that subsection.

s. 37(4)

Instead of consulting a person whom the appropriate authority considers it appropriate to consult under subsection (2) above, the authority may require the Health and Safety Commission or, as the case may be, the Health and Safety Agency for Northern Ireland the required consultee to consult the person for the purpose of deciding how it should respond to consultation under that subsection.

s. 37(4A)

In subsections (3) and (4), “the required consultee” means the body which the appropriate authority is required to consult by virtue of subsection (2)(a) to (b).

s. 37(5)

The appropriate authority may require consultation under subsection (3) or (4) above to be carried out in accordance with the authority’s directions.

s. 37(6)

Regulations under subsection (1) above may contain such transitional provisions and savings as the appropriate authority considers appropriate.

s. 37(7)

Regulations under paragraph (a) (b), (ba) or (bb) of subsection (1) above shall be made by statutory instrument, and no instrument shall be made under that paragraph unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

s. 37(8)

Regulations under subsection (1)(c) or (d) above—

s. 37(8)(a)

shall be statutory rules for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and

s. 37(8)(b)

shall be subject to affirmative resolution, as defined in section 41(4) of the Interpretation Act (Northern Ireland) 1954, as if they were statutory instruments within the meaning of that Act.

s. 37(9)

In this section, “appropriate authority”—

s. 37(9)(a)

in relation to regulations under subsection (1)(a) (b), (ba) or (bb) above, means the Secretary of State, and

s. 37(9)(b)

in relation to regulations under subsection (1)(c) or (d) above, means the Department concerned (within the meaning of the 1978 Order, but as if any reference to that Order included a reference to this section).

s. 37(10)

In subsection (1), “the relevant nuclear provisions” means—so far as they have effect in England and Wales or Scotland.

s. 37(10)(a)

sections 1, 3 to 5, 22 and 24A of the Nuclear Installations Act 1965,

s. 37(10)(aa)

section 6 of that Act, so far as it relates to sites in respect of which nuclear site licences (within the meaning of that Act) have been granted, and

s. 37(10)(b)

any regulations made under any of those sections,

s. 38 — Inspection of independent schools.

After section 87 of the Children Act 1989 there shall be inserted—

s. 39 — Chapter II: consequential amendments.

Schedule 11 to this Act (which contains amendments consequential on certain provisions of this Chapter) shall have effect.

s. 40 — Extent of Chapter II.

s. 40(1)

The following provisions of this Chapter extend to England and Wales only—sections 18(1), 19, 20(3), 21, 25 to 30, 32, 34 and 38, paragraphs 8 to 10 of Schedule 2, Schedules 7 and 8, and paragraph 2 of Schedule 9.

s. 40(2)

Sections 18(2), 22 and 24(b) and paragraph 3 of Schedule 9 extend to Scotland only.

s. 40(3)

The following provisions of this Chapter extend to Northern Ireland only—sections 13(2) and 36(2), paragraphs 5, 6(2) and 7(2) of Schedule 2, Schedule 6, and paragraphs 2 and 5 of Schedule 10.

s. 40(4)

The following provisions of this Chapter also extend to Northern Ireland—sections 7 to 12, sections 15 to 17, sections 35, 37 and 39, this section, paragraphs 1 to 3 and 15 of Schedule 2, Schedule 3, paragraphs 1 and 5 to 8 of Schedule 4, and paragraph 3 of Schedule 10.

s. 40(5)

The extent of any amendment of an enactment in paragraph 2 or 3 of Schedule 4 to this Act or Schedule 11 to this Act is the same as that of the enactment amended.

s. 40(6)

Subject to subsections (3) to (5) above, this Chapter does not extend to Northern Ireland.

s. 41 — The 1968 Act.

In this Chapter “the 1968 Act” means the Transport Act 1968.

s. 42 — Use of vehicles under licences.

s. 42(1)

In section 61 of the 1968 Act (authorised vehicles) for subsection (1) there shall be substituted—

s. 42(2)

For subsections (3) and (4) of that section there shall be substituted—

s. 42(3)

After that section there shall be inserted—

s. 43 — Objections to grant or variation of licences.

After section 63(4) of the 1968 Act (which requires objections to the grant or variation of operators’ licences to be made within the prescribed time and in the prescribed manner) there shall be inserted—

s. 44 — Determination of applications for licences.

s. 44(1)

For section 64 of the 1968 Act there shall be substituted—

s. 44(2)

In section 69B of the 1968 Act (objection to, and refusal or modification of, applications for operators’ licences on environmental grounds) for subsection (5) there shall be substituted—

s. 45 — Conditions for securing road safety.

After section 64A of the 1968 Act (set out in section 44 above) there shall be inserted—

s. 46 — Duration of licences and grant of interim licences.

For section 67 of the 1968 Act there shall be substituted—

s. 47 — Variation of licences.

s. 47(1)

For section 68 of the 1968 Act there shall be substituted—

s. 47(2)

For section 69D of the 1968 Act there shall be substituted—

s. 48 — Revocation, suspension and curtailment of licences.

s. 48(1)

Section 69 of the 1968 Act (revocation, suspension and curtailment of operators’ licences) shall be amended as follows.

s. 48(2)

For subsections (1) and (2) there shall be substituted—

s. 48(3)

For subsection (5) there shall be substituted—

s. 48(4)

At the end of subsection (7) there shall be added “ and any reference below in this section to subsection (5) or to subsection (6) includes that subsection as it applies by virtue of this subsection.. ”

s. 48(5)

For subsection (8) there shall be substituted—

s. 49 — Publication of applications.

For section 69E of the 1968 Act there shall be substituted—

s. 50 — Review and transfer of operating centres.

s. 50(1)

After section 69E of the 1968 Act there shall be inserted—

s. 50(2)

After Schedule 8 to the 1968 Act there shall be inserted the Schedule set out in Schedule 12 to this Act.

s. 51 — Assessors.

After section 69H of the 1968 Act (set out in Schedule 13 to this Act) there shall be inserted—

s. 52 — Review of decisions.

After section 69I of the 1968 Act (set out in section 51 above) there shall be inserted—

s. 53 — Appeals.

For section 70 of the 1968 Act there shall be substituted—

s. 54 — Partnerships.

After section 85 of the 1968 Act there shall be inserted—

s. 55 — Operators’ licences not to be transferable etc.

For section 86 of the 1968 Act there shall be substituted—

s. 56 — Fees.

For section 89 of the 1968 Act there shall be substituted—

s. 57 — Chapter III: minor and consequential amendments.

s. 57(1)

The 1968 Act shall have effect with the further amendments set out in Part I of Schedule 13 to this Act.

s. 57(2)

The enactments mentioned in Part II of that Schedule shall have effect with the amendments set out in that Part.

s. 58 — The 1981 Act.

In this Chapter “the 1981 Act” means the Public Passenger Vehicles Act 1981.

s. 59 — Undertakings given on applications.

s. 59(1)

The 1981 Act shall be amended as follows.

s. 59(2)

After section 14(3) (which provides that an application for a PSV operator’s licence shall not be granted unless there will be adequate facilities or arrangements for maintaining the vehicles proposed to be used under the licence etc.) there shall be inserted—

s. 59(3)

After section 14(4) there shall be inserted—

s. 59(4)

In section 16(6) (which provides that, on the application of the holder of a PSV operator’s licence, a traffic commissioner may vary or remove conditions attached to the licence) after paragraph (b) there shall be inserted—.

s. 59(5)

After section 16(6) there shall be inserted—

s. 59(6)

In section 17(3) (which sets out the grounds on which a licence may be revoked, suspended or varied under section 17(2)) after paragraph (a) there shall be inserted—.

s. 60 — Objections to applications for licences.

After section 14A(2) of the 1981 Act (which requires objections to applications for PSV operators’ licences to be made within the prescribed time and in the prescribed manner) there shall be inserted—

s. 61 — Duration of licences.

In section 15 of the 1981 Act (duration of licences) for the words from “and the date on which it is to expire” to the end there shall be substituted—

s. 62 — Suspension of licences.

s. 62(1)

Section 17 of the 1981 Act (revocation, suspension etc. of licences) shall be amended as follows.

s. 62(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 62(3)

After subsection (5) there shall be inserted—

s. 63 — Operators’ discs.

s. 63(1)

Section 18 of the 1981 Act (duty to exhibit operator’s disc) shall be amended as follows.

s. 63(2)

For subsection (2) (which requires the holder of a PSV operator’s licence to be supplied with a number of operators’ discs equal to the maximum number of vehicles that he may use under the licence) there shall be substituted—

s. 63(3)

In subsection (3) (provision that may be made by regulations)—

s. 63(3)(a)

after paragraph (a) there shall be inserted—, and

s. 63(3)(b)

at the end there shall be added—

s. 64 — Repeal of section 27 of the 1981 Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 65 — Review of decisions and correction of errors.

s. 65(1)

After section 49 of the 1981 Act there shall be inserted—

s. 65(2)

In section 50 of the 1981 Act (appeals to the Transport Tribunal) after subsection (4) there shall be inserted—

s. 65(3)

After section 56 of the 1981 Act there shall be inserted—

s. 66 — Fees.

s. 66(1)

The 1981 Act shall be amended as follows.

s. 66(2)

In section 52(1)(a) (which sets out matters in respect of which the traffic commissioner for an area is to charge fees) after sub-paragraph (i) there shall be inserted—.

s. 66(3)

For section 52(2)(b) there shall be substituted—.

s. 66(4)

After section 52(2) there shall be inserted—

s. 66(5)

In section 60 (general power to make regulations for purposes of Act) for subsection (1)(e) there shall be substituted—.

s. 67 — Disqualification of PSV operators.

s. 67(1)

Section 28 of the Transport Act 1985 (power to disqualify PSV operators) shall be amended as follows.

s. 67(2)

In subsection (2) (so long as a person is disqualified, no licence shall be granted to him and any obtained by him shall be of no effect) for the words from “no PSV” to the end there shall be substituted—

s. 67(3)

After subsection (2) there shall be inserted—

s. 67(4)

At the end of subsection (5) (the traffic commissioner may exercise his powers under section 28 in relation to officers of corporate licence-holders and partners of licence-holders) there shall be added— “ and any reference in subsection (6A) below to subsection (1) above or to subsection (4) above includes that subsection as it applies by virtue of this subsection. ”

s. 67(5)

After subsection (6) there shall be inserted—

s. 68 — Chapter IV: minor and consequential amendments.

The 1981 Act and the Transport Act 1985 shall have effect with the further amendments set out in Schedule 14 to this Act.

Part II

Contracting Out

s. 69 — Functions of Ministers and office-holders.

s. 69(1)

This section applies to any function of a Minister or office-holder—

s. 69(1)(a)

which is conferred by or under any enactment; and

s. 69(1)(b)

which, by virtue of any enactment or rule of law, may be exercised by an officer of his; and

s. 69(1)(c)

which is not excluded by section 71 below.

s. 69(2)

If a Minister by order so provides, a function to which this section applies may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the office-holder or Minister whose function it is.

s. 69(3)

A Minister shall not make an order under this section in relation to an office-holder without first consulting him.

s. 69(4)

An order under this section may provide that a function to which this section applies may be exercised, and an authorisation given by virtue of such an order may (subject to the provisions of the order) authorise the exercise of such a function—

s. 69(4)(a)

either wholly or to such extent as may be specified in the order or authorisation;

s. 69(4)(b)

either generally or in such cases or areas as may be so specified; and

s. 69(4)(c)

either unconditionally or subject to the fulfilment of such conditions as may be so specified.

s. 69(5)

An authorisation given by virtue of an order under this section—

s. 69(5)(a)

shall be for such period, not exceeding 10 years, as is specified in the authorisation;

s. 69(5)(b)

may be revoked at any time by the Minister or office-holder by whom the authorisation is given; and

s. 69(5)(c)

shall not prevent that Minister or office-holder or any other person from exercising the function to which the authorisation relates.

s. 70 — Functions of local authorities.

s. 70(1)

This section applies to any function of a local authority—

s. 70(1)(a)

which is conferred by or under any enactment; and

s. 70(1)(b)

which, by virtue of section 101 of the Local Government Act 1972 or section 56 of the Local Government (Scotland) Act 1973 or an enactment mentioned in subsection (1ZA) below, may be exercised by an officer of the authority; and

s. 70(1)(c)

which is not excluded by section 71 below.

s. 70(1A)

This section also applies to any function of a local authority—

s. 70(1A)(a)

if, and to the extent that, it is the responsibility of an executive of that local authority under executive arrangements, within the meaning of Part II of the Local Government Act 2000;

s. 70(1A)(b)

which is conferred by or under any enactment;

s. 70(1A)(c)

which, by virtue of any of sections 14 to 16, or any provisions made under sections 17 to 20, of the Local Government Act 2000 (provisions with respect to executive arrangements—discharge of functions etc.), may be exercised by an officer of the local authority; and

s. 70(1A)(d)

which is not excluded by section 71 below.

s. 70(1ZA)

The enactments referred to in subsection (1)(b) above are—

s. 70(1ZA)(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 70(1ZA)(b)

section 38 or 380 of the Greater London Authority Act 1999 (delegation of functions exercisable by the Mayor of London);

s. 70(1ZA)(c)

paragraph 7 of Schedule 10 to that Act (delegation by Transport for London).

s. 70(1ZB)

In its application in relation to a local authority which is a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies or a fire and rescue authority created by an order under section 4A of that Act, subsection (1) above has effect as if paragraph (b) were omitted.

s. 70(1ZC)

In its application to a local authority which is a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, subsection (1) has effect as if for paragraph (b) there were substituted—

s. 70(2)

If a Minister by order so provides, a function to which this section applies may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the local authority whose function it is.

s. 70(3)

A Minister shall not make an order under this section in relation to a local authority without first consulting—as he considers appropriate.

s. 70(3)(a)

in the case of an authority in England or Wales, such representatives of local government;

s. 70(3)(b)

in the case of an authority in Scotland, such associations of local authorities,

s. 70(4)

Subsections (4) and (5) of section 69 above shall apply for the purposes of this section as they apply for the purposes of that section; and in subsection (5) of that section as so applied any reference to the Minister or office-holder by whom the authorisation is given shall be construed as a reference to the local authority by which the authorisation is given.

s. 70(5)

Where at any time—it shall be an implied term of those arrangements that, except with the consent of authority A, authority B shall not give any authorisation by virtue of the order in relation to that function.

s. 70(5)(a)

an order is in force under this section in relation to any function of a local authority (“authority A”); and

s. 70(5)(b)

arrangements are in force under section 101 of the Local Government Act 1972 or section 56 of the Local Government (Scotland) Act 1973 for the exercise of that function by another local authority (“authority B”),

s. 70(5A)

In its application to a local authority which is a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, subsection (5) has effect as if the references to arrangements under section 101 of the Local Government Act 1972 were references to arrangements under regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021.

s. 70(6)

Any reference in subsection (5) above to arrangements under section 101 of the Local Government Act 1972 includes a reference to an authorisation under section 38 or 380 of the Greater London Authority Act 1999.

s. 70(7)

Where at any time—it shall be an implied term of those arrangements that authority B or, as the case may be, the executive of authority B, shall not give any authorisation by virtue of the order in relation to that function except with the consent of the executive of authority A.

s. 70(7)(a)

an order is in force under this section in relation to any function of a local authority (“authority A”);

s. 70(7)(b)

that function, to any extent, is the responsibility of an executive of authority A under executive arrangements, within the meaning of Part II of the Local Government Act 2000; and

s. 70(7)(c)

arrangements are in force under regulations made under section 19 of the Local Government Act 2000 (discharge of functions of and by another local authority) for the exercise of that function, to any extent, by another local authority (“authority B”) or by any executive of authority B,

s. 71 — Functions excluded from sections 69 and 70.

s. 71(1)

Subject to subsections (2) and (3) below, a function is excluded from sections 69 and 70 above if—

s. 71(1)(a)

its exercise would constitute the exercise of jurisdiction of any court or of any tribunal which exercises the judicial power of the State; or

s. 71(1)(b)

its exercise, or a failure to exercise it, would necessarily interfere with or otherwise affect the liberty of any individual; or

s. 71(1)(c)

it is a power or right of entry, search or seizure into or of any property; or

s. 71(1)(d)

it is a power or duty to make subordinate legislation.

s. 71(2)

Subsection (1)(b) and (c) above shall not exclude any function of the official receiver attached to any court.

s. 71(3)

Subsection (1)(c) above shall not exclude any function of a local authority under, or under regulations made under, any of the following enactments, namely—

s. 71(3)(a)

section 247 of the Local Government (Scotland) Act 1947 (enforcement of non-domestic rates);

s. 71(3)(b)

Part VI of the General Rate Act 1967 (distress for general rates);

s. 71(3)(c)

paragraphs 7 and 7A of Schedule 2 and paragraph 11 of Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (enforcement of community charges and community water charges);

s. 71(3)(d)

paragraphs 5 to 7 of Schedule 4 to the Local Government Finance Act 1988 (enforcement of community charge);

s. 71(3)(e)

paragraph 3(2)(b) of Schedule 9 to that Act (enforcement of non-domestic rates);

s. 71(3)(ea)

section 48 of the Local Government Act 2003 (administration etc of BID levy) if the function corresponds to any function falling within paragraph (e) above,.

s. 71(3)(f)

paragraphs 5 to 7 of Schedule 4 to the Local Government Finance Act 1992 (enforcement of council tax);

s. 71(3)(g)

paragraphs 2 and 6 of Schedule 8 and paragraph 11 of Schedule 11 to that Act (enforcement of council tax and council water charge); ...

s. 71(3)(h)

paragraph 2 of Schedule 10 to the Local Government etc. (Scotland) Act 1994 (enforcement of water and sewerage charges); and

s. 71(3)(i)

sections 217 and 218 of the Planning Act 2008 (Community Infrastructure Levy: collection and enforcement).

s. 72 — Effect of contracting out.

s. 72(1)

This section applies where by virtue of an order made under section 69 or 70 above a person is authorised to exercise any function of a Minister, office-holder or local authority.

s. 72(2)

Subject to subsection (3) below, anything done or omitted to be done by or in relation to the authorised person (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done—

s. 72(2)(a)

in the case of a function of a Minister or office-holder, by or in relation to the Minister or office-holder in his capacity as such;

s. 72(2)(b)

in the case of a function of a local authority, by or in relation to that authority.

s. 72(3)

Subsection (2) above shall not apply—

s. 72(3)(a)

for the purposes of so much of any contract made between the authorised person and the Minister, office-holder or local authority as relates to the exercise of the function, or

s. 72(3)(b)

for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of his).

s. 73 — Termination of contracting out.

s. 73(1)

This section applies where—

s. 73(1)(a)

by virtue of an order made under section 69 or 70 above a person is authorised to exercise any function of a Minister, office-holder or local authority; and

s. 73(1)(b)

the order or authorisation is revoked at a time when a relevant contract is subsisting.

s. 73(2)

The authorised person shall be entitled to treat the relevant contract as repudiated by the Minister, office-holder or local authority (and not as frustrated by reason of the revocation).

s. 73(3)

In this section “relevant contract” means so much of any contract made between the authorised person and the Minister, office-holder or local authority as relates to the exercise of the function.

s. 74 — Powers of certain office-holders.

s. 74(1)

In so far as an office-holder to whom this section applies does not already have power to do so, he may authorise an officer of his to exercise any function of his which is conferred by or under any enactment.

s. 74(2)

Subject to subsection (3) below, anything done or omitted to be done by an officer so authorised in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the office-holder in his capacity as such.

s. 74(3)

Subsection (2) above shall not apply for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that subsection.

s. 74(4)

The office-holders to whom this section applies are—

s. 74(4)(a)

the registrar of companies for England and Wales, Scotland or Northern Ireland;

s. 74(4)(b)

the official receiver attached to any court;

s. 74(4)(c)

the Comptroller-General of Patents, Designs and Trade Marks;

s. 74(4)(d)

the Public Trustee;

s. 74(4)(e)

a traffic commissioner;

s. 74(4)(f)

the registrar of approved driving instructors;

s. 74(4)(g)

the Registrar General of Births, Deaths and Marriages for Scotland;

s. 74(4)(h)

the Keeper of the Registers of Scotland; and

s. 74(4)(i)

the Keeper of the Records of Scotland.

s. 75 — Restrictions on disclosure of information.

Schedule 15 to this Act (which contains provisions modifying certain restrictions on the disclosure of information where functions of Ministers, office-holders or local authorities are contracted out) shall have effect.

s. 76 — Amendments of enactments etc.

Schedule 16 to this Act (which contains amendments and other provisions for facilitating or otherwise in connection with the contracting out of particular functions, whether in pursuance of an order made under section 69 or 70 above or otherwise) shall have effect.

s. 77 — Provisions with respect to orders.

s. 77(1)

An order under section 69 or 70 above—

s. 77(1)(a)

shall be made by statutory instrument;

s. 77(1)(b)

may contain provisions (including provisions modifying enactments) which are consequential upon, or supplemental or incidental to, the provisions made by the order which fall within subsection (2) of that section; and

s. 77(1)(c)

may contain such transitional provisions and savings as appear to the Minister by whom the order is made to be appropriate.

s. 77(2)

No order shall be made under section 69 or 70 above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

s. 78 — Extent of Part II.

s. 78(1)

The following provisions of this Part extend to Northern Ireland, namely—

s. 78(1)(a)

sections 69 and 74 above;

s. 78(1)(b)

the other provisions of this Part in so far as they relate to orders under section 69 or to functions of Ministers or office-holders; and

s. 78(1)(c)

paragraphs 4, 24 and 25 of Schedule 16.

s. 78(2)

In so far as they relate to functions under enactments relating to patents, registered designs or trade marks, the provisions of this Part also extend to the Isle of Man, subject to such exceptions and modifications as Her Majesty may specify by Order in Council.

s. 79 — Interpretation of Part II.

s. 79(1)

In this Part—“employee”, in relation to a body corporate, includes any director or other officer of that body;“enactment” does not include an enactment contained in Northern Ireland legislation but, subject to that, includes an enactment contained in an Act (whenever passed) and an enactment contained in subordinate legislation (whenever made);“function”, in relation to a local authority, includes any power to do any thing which is calculated to facilitate, or is conducive or incidental to, the exercise of a function;“joint board”—in relation to England and Wales, means a joint or special planning board constituted for a National Park by order under paragraph 1, 3 or 3A of Schedule 17 to the Local Government Act 1972, or a joint planning board within the meaning of section 2 of the Town and Country Planning Act 1990; in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973;“joint committee”—in relation to England and Wales, means a joint committee appointed under section 102(1)(b) of the Local Government Act 1972; in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973;“local authority”—in relation to England, has the meaning given by section 79A; in relation to Wales, has the meaning given by section 79B; in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973;“Minister” has the same meaning as Minister of the Crown has in the Ministers of the Crown Act 1975;“Northern Ireland legislation” means—Northern Ireland legislation within the meaning of section 24 of the Interpretation Act 1978; and instruments, within the meaning of the Interpretation Act (Northern Ireland) 1954, made under such legislation;“office-holder” does not include a Minister, an officer of either House of Parliament, the Auditor General for Wales, the Parliamentary Commissioner for Administration, the Public Services Ombudsman for Wales ... , the Health Service Commissioner for England... or the Scottish Public Services Ombudsman but, subject to that, means—the holder of an office created or continued in existence by a public general Act of Parliament; the holder of an office the remuneration in respect of which is paid out of money provided by Parliament; the registrar of companies for England and Wales, Scotland or Northern Ireland; and the registrar of approved driving instructors;“officer”—in relation to a Minister, means any person in the civil service of the Crown who is serving in his department; in relation to an office-holder, means any member of his staff, or any person in the civil service of the Crown who has been assigned or appointed to assist him in the exercise of his functions;“the registrar of approved driving instructors” means the officer of the Secretary of State by whom the register of approved driving instructors established in pursuance of section 23 of the Road Traffic Act 1962 is compiled and maintained;“subordinate legislation” has the same meaning as in the Interpretation Act 1978.

s. 79(2)

In relation to any time before 1st April 1996, subsection (1) above shall have effect as if, in paragraph (b) of the definition of “local authority”, for the words “county borough” there were substituted the word “ district ”.

s. 79(3)

Subject to subsection (4) below, this Part shall have effect as if—

s. 79(3)(a)

any reference to a Minister included a reference to the Forestry Commissioners or to the Charity Commission;

s. 79(3)(b)

any reference to an officer in relation to the Charity Commission were a reference to a member or member of staff of the Commission; and.

s. 79(3)(b)

any reference to a local authority included references to a joint board and a joint committee.

s. 79(4)

Nothing in subsection (3) above shall be construed as enabling those Commissioners or that Commission ... to make an order under section 69 or 70 above ....

s. 79(5)

Subject to subsection (6) below, any function of an examiner or other officer of the Patent Office which is conferred by or under any enactment shall be treated for all purposes of this Part as if it were a function of the Comptroller-General of Patents, Designs and Trade Marks.

s. 79(6)

In any case where by virtue of an order made under section 69 above a person is authorised by that Comptroller to exercise any such function as is mentioned in subsection (5) above, section 72(2) above shall have effect as if for paragraphs (a) and (b) there were substituted the words “ by or in relation to an examiner or other officer of the Patent Office in his capacity as such ”.

s. 79A — “Local authority”: England

In this Part, “local authority” in relation to England means—

s. 79A(a)

a county council;

s. 79A(b)

a district council;

s. 79A(c)

a London borough council;

s. 79A(d)

the Greater London Authority acting through the Mayor of London;

s. 79A(e)

the Common Council of the City of London;

s. 79A(f)

the sub-treasurer of the Inner Temple;

s. 79A(g)

the under treasurer of the Middle Temple;

s. 79A(h)

the Council of the Isles of Scilly;

s. 79A(i)

a parish council;

s. 79A(j)

a National Park authority;

s. 79A(k)

a functional body within the meaning of the Greater London Authority Act 1999;

s. 79A(l)

an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);

s. 79A(m)

a joint authority established by Part 4 of that Act (fire and rescue services and transport);

s. 79A(ma)

an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

s. 79A(mb)

a combined authority established under section 103 of that Act;

s. 79A(mc)

a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

s. 79A(n)

a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

s. 79A(na)

a fire and rescue authority created by an order under section 4A of that Act;

s. 79A(o)

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s. 79A(p)

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s. 79A(q)

any body specified for the purposes of this paragraph by regulations under section 79C.

s. 79B — “Local authority”: Wales

In this Part, “local authority” in relation to Wales means—

s. 79B(a)

a county council;

s. 79B(b)

a county borough council;

s. 79B(c)

a community council;

s. 79B(d)

a National Park authority;

s. 79B(da)

a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

s. 79B(e)

a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990;

s. 79B(f)

a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

s. 79B(g)

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s. 79B(h)

any body specified for the purposes of this paragraph by regulations under section 79C.

s. 79C — Regulations for the purposes of section 79A and 79B

s. 79C(1)

The Secretary of State may by regulations made by statutory instrument specify for the purposes of section 79A(q) or 79B(h) any body which is (or any class of bodies each of which is)–

s. 79C(1)(a)

a levying body, within the meaning of section 74 of the Local Government Finance Act 1988;

s. 79C(1)(b)

a body to which section 75 of that Act applies (bodies with power to issue special levies);

s. 79C(1)(c)

a body to which section 118 of that Act applies (other bodies with levying powers);

s. 79C(1)(d)

a local precepting authority as defined in section 69 of the Local Government Finance Act 1992.

s. 79C(2)

Regulations under subsection (1)—

s. 79C(2)(a)

may provide for this Part to have effect, in relation to a body specified under that subsection, subject to exceptions or modifications;

s. 79C(2)(b)

may contain transitional provisions and savings.

s. 79C(3)

Any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part III

Supplementary

s. 80 — Financial provisions.

s. 80(1)

There shall be paid out of money provided by Parliament—

s. 80(1)(a)

any sums required by a Minister of the Crown, an office-holder or the Forestry Commissioners for making payments under contracts entered into under or by virtue of Part II of this Act;

s. 80(1)(b)

any administrative expenses incurred by a Minister of the Crown or office-holder in consequence of the provisions of this Act; and

s. 80(1)(c)

any increase attributable to this Act in the sums so payable under any other Act.

s. 80(2)

In this section—“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;“office-holder” has the same meaning as in Part II of this Act.

s. 81 — Repeals.

s. 81(1)

The enactments mentioned in Schedule 17 to this Act (which include enactments which are spent) are hereby repealed to the extent specified in the third column of that Schedule.

s. 81(2)

The extent of any repeal in that Schedule of an enactment is the same as that of the enactment repealed.

s. 82 — Short title, commencement and extent.

s. 82(1)

This Act may be cited as the Deregulation and Contracting Out Act 1994.

s. 82(2)

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s. 82(3)

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s. 82(4)

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s. 82(5)

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s. 82(6)

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s. 82(7)

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s. 82(8)

Except in so far as any provision of this Act otherwise provides, this Act, other than Chapter I of Part I and this section, does not extend to Northern Ireland.

Sch 1

Powers to Improve Enforcement Procedures

Sch 1 para 1

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Sch 1 para 2

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Sch 1 para 3

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Sch 1 para 4

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Sch 1 para 5

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Sch 2

Section 7: Sectoral Regulators

Sch 2 para 1

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Sch 2 para 2

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Sch 2 para 3

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Sch 2 para 4

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Sch 2 para 5

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Sch 2 para 6

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Sch 2 para 7

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Sch 2 para 8

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Sch 2 para 9

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Sch 2 para 10

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Sch 2 para 11

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Sch 2 para 12

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Sch 2 para 13

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Sch 2 para 14

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Sch 2 para 15

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Sch 3

Non-notifiable Agreements: Modifications of the Restrictive Trade Practices Act 1976

Sch 3 para 1

The Restrictive Trade Practices Act 1976 shall be amended as follows.

Sch 3 para 2

In section 1 (registration of agreements) after subsection (2) there shall be inserted—

Sch 3 para 3

Sch 3 para 3(1)

Section 24 (particulars and time for registration) shall be amended as follows.

Sch 3 para 3(2)

In subsection (1) (duty to furnish particulars of agreements subject to registration under the Act) after “under this Act” there shall be inserted “ , other than a non-notifiable agreement, ”.

Sch 3 para 3(3)

In subsection (2) (additional provisions about particulars to be furnished)—

Sch 3 para 3(3)(a)

in paragraph (a), after “under this Act” there shall be inserted “ and is not a non-notifiable agreement ”, and

Sch 3 para 3(3)(b)

in paragraph (b), for “such an agreement” there shall be substituted “ an agreement which, at the time of the variation or determination, falls within paragraph (a) above ”.

Sch 3 para 3(4)

After that subsection there shall be inserted—

Sch 3 para 4

After section 25 there shall be inserted—

Sch 3 para 5

Sch 3 para 5(1)

Section 26 shall be amended as follows.

Sch 3 para 5(2)

In subsection (2) (power of the Restrictive Practices Court to make declarations as to certain matters) for the words from “and” to the end there shall be substituted “ , declare whether or not it is subject to registration under this Act and declare whether or not it is a non-notifiable agreement. ”

Sch 3 para 5(3)

For subsection (3) there shall be substituted—

Sch 3 para 6

In section 36 (Director’s power to obtain information) after subsection (3) there shall be inserted—

Sch 3 para 7

Sch 3 para 7(1)

Schedule 2 (furnishing of particulars of agreements) shall be amended as follows.

Sch 3 para 7(2)

In paragraph 1, for sub-paragraph (1) there shall be substituted—

Sch 3 para 7(3)

In paragraph 2, in sub-paragraph (1), for “an agreement becomes subject to registration after it is made” there shall be substituted “ , after an agreement is made, it becomes an agreement in respect of which particulars fall to be furnished under section 24 above ”.

Sch 3 para 7(4)

In that paragraph, in sub-paragraph (2), after “section 24(1) above” there shall be inserted “ (so far as applicable) ”.

Sch 3 para 7(5)

In that paragraph, in sub-paragraph (3), for “24” there shall be substituted “ 24(1) ”.

Sch 3 para 7(6)

In paragraph 5(1) after entry (c) in the Table there shall be inserted—

Sch 4

Section 12: Sectoral Regulators and Transition

Sch 4 para 1

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Sch 4 para 2

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Sch 4 para 3

In each of the following, namely—

Sch 4 para 3(a)

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Sch 4 para 3(b)

section 43(6) of the Electricity Act 1989, and

Sch 4 para 3(c)

Article 46(6) of the Electricity (Northern Ireland) Order 1992,(which provide for the Secretary of State or, in Northern Ireland, the Department of Economic Development to determine certain questions in connection with the jurisdictions of the sectoral regulators concerned) for “as to whether” there shall be substituted “ in any particular case as to the jurisdiction of the Director under any of the provisions mentioned in ” and the words “applies to any particular case” shall be omitted.

Sch 4 para 4

In section 67(8) of the Railways Act 1993 (corresponding provision in relation to the jurisdiction of the Office of Rail Regulation) for “as to whether” there shall be substituted “ in any particular case as to the jurisdiction of the Regulator under any of the provisions mentioned in ” and the words “applies to any particular case” shall be omitted.

Sch 4 para 5

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Sch 4 para 6

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Sch 4 para 7

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Sch 4 para 8

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Sch 5

Striking off of Non-trading Private Companies: Great Britain

Sch 5 para 1

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Sch 5 para 2

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Sch 5 para 3

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Sch 5 para 4

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Sch 6

Striking Off of Non-trading Private Companies: Northern Ireland

Sch 6 para 1

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Sch 6 para 2

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Sch 6 para 3

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Sch 6 para 4

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Sch 7

Children’s Certificates: Supplementary Provisions

Sch 8

Sch 9

Slaughterhouses and Knackers’ Yards: Uniting of Enforcement Functions

Sch 9 para 1

Sch 9 para 1(1)

This paragraph applies to the following provisions of the Slaughter of Poultry Act 1967—

Sch 9 para 1(1)(a)

section 3 (power to make regulations for securing humane conditions of slaughter),

Sch 9 para 1(1)(b)

section 4 (power to authorise persons to exercise rights of entry), and

Sch 9 para 1(1)(c)

section 6 (duty to execute and enforce the provisions of that Act and of regulations under section 3 of that Act).

Sch 9 para 1(2)

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly may by regulations provide for any functions under a provision to which this paragraph applies, so far as exercisable by local authorities, to be transferred—

Sch 9 para 1(2)(a)

so far as exercisable by local authorities in England, to the Minister of Agriculture, Fisheries and Food, and

Sch 9 para 1(2)(b)

so far as exercisable by local authorities in Scotland or Wales, to the Secretary of State.

Sch 9 para 2

Sch 9 para 2(1)

This paragraph applies to the following provisions of the Slaughterhouses Act 1974—

Sch 9 para 2(1)(a)

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Sch 9 para 2(1)(b)

section 38 (power to make regulations for securing humane conditions of slaughter),

Sch 9 para 2(1)(c)

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Sch 9 para 2(1)(d)

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Sch 9 para 2(1)(e)

section 41 (duty to execute and enforce the provisions of, and of regulations under, Part II of that Act), and

Sch 9 para 2(1)(f)

section 42(1) (power to appoint persons for the purpose of exercising powers of entry).

Sch 9 para 2(2)

The Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly may by regulations provide for any functions under a provision to which this paragraph applies, so far as exercisable by local authorities, to be transferred—

Sch 9 para 2(2)(a)

so far as exercisable by local authorities in England, to the Minister of Agriculture, Fisheries and Food, and

Sch 9 para 2(2)(b)

so far as exercisable by local authorities in Wales, to the Secretary of State.

Sch 9 para 3

Sch 9 para 3(1)

This paragraph applies to the following provisions of the Slaughter of Animals (Scotland) Act 1980 (which correspond to the provisions to which paragraph 2 above applies)—

Sch 9 para 3(1)(a)

section 9,

Sch 9 para 3(1)(b)

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Sch 9 para 3(1)(c)

section 14(3)(c),

Sch 9 para 3(1)(d)

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Sch 9 para 3(1)(e)

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Sch 9 para 3(1)(f)

section 19(1).

Sch 9 para 3(2)

The Secretary of State may by regulations provide for any functions under a provision to which this paragraph applies, so far as exercisable by local authorities, to be transferred to the Secretary of State.

Sch 9 para 4

No functions under the Slaughterhouses Act 1974 or the Slaughter of Animals (Scotland) Act 1980 relating to knackers’ yards (within the meaning of the Act concerned) shall be transferred under this Schedule unless the transferee has, in relation to the yards to which the transferred functions relate, functions with respect to the enforcement of law relating to animal health.

Sch 9 para 5

Sch 9 para 5(1)

Regulations under paragraph 1(2), 2(2) or 3(2) above may contain such supplemental, incidental, consequential and transitional provisions and savings as the authority making the regulations considers appropriate and may, in particular, contain such amendments or repeals of any enactment or subordinate legislation (within the meaning of the Interpretation Act 1978) as that authority considers appropriate in consequence of a transfer of functions under that sub-paragraph.

Sch 9 para 5(2)

The power to make regulations under paragraph 1(2), 2(2) or 3(2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Sch 9 para 6

In section 6(4)(a) of the Food Safety Act 1990 (which lists authorities from which regulations or orders under the Act must select the authority to enforce and execute them) for “the Minister” there shall be substituted “ the Minister of Agriculture, Fisheries and Food, the Secretary of State ”.

Sch 10

Employment Agencies etc.: Replacement of Licensing

Sch 10

General

Sch 10 para 1

Sch 10 para 1(1)

The Employment Agencies Act 1973 shall be amended as follows.

Sch 10 para 1(2)

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Sch 10 para 1(3)

After section 3 there shall be inserted—

Sch 10 para 1(4)

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Sch 10 para 1(5)

In section 13(1) (interpretation) after the definition of “prescribed” there shall be inserted—.

Sch 10 para 2

Sch 10 para 2(1)

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Sch 10 para 2(2)

After Article 5 of that Order there shall be inserted—

Sch 10 para 2(3)

In Article 11(1) of that Order (interpretation) after the definition of “prescribed” there shall be inserted—.

Sch 10

Seamen

Sch 10 para 3

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Sch 10 para 4

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Sch 10 para 5

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Sch 11

Miscellaneous Deregulatory Provisions: Consequential Amendments

Sch 11 para 1

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Sch 11 para 2

Sch 11 para 2(1)

The Fair Trading Act 1973 shall be amended as follows.

Sch 11 para 2(2)

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Sch 11 para 2(3)

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Sch 11 para 2(4)

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Sch 11 para 3

In section 5(6) of the Energy Act 1976, for “under”, in the third place where it occurs, there shall be substituted “ in accordance with section 24 of and Schedule 2 to ”.

Sch 11 para 4

Sch 11 para 4(1)

The Competition Act 1980 shall be amended as follows.

Sch 11 para 4(2)

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Sch 11 para 4(3)

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Sch 11 para 4(4)

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Sch 11 para 4(5)

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Sch 11 para 4(6)

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Sch 11 para 4(7)

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Sch 11 para 5

In Schedule 9 to the Road Traffic Regulation Act 1984, in paragraph 28, after sub-paragraph (d) there shall be inserted;” or

Sch 11 para 6

In the Company Directors Disqualification Act 1986, in section 2(1), for “or liquidation” there shall be substituted “ , liquidation or striking off ”.

Sch 11 para 7

Sch 11 para 7(1)

The Building Societies Act 1986 shall be amended as follows.

Sch 11 para 7(2)

In section 10(5) for “borrower” there shall be substituted “ mortgagor ”.

Sch 11 para 7(3)

In section 11(7), after “(2)(b)” there shall be inserted “ or (2)(ba)(i) or (ii) ”.

Sch 11 para 7(4)

In section 13(2), at the end there shall be inserted—

Sch 11 para 7(5)

In section 13(3)—

Sch 11 para 7(5)(a)

after “following a disposition of the land” there shall be inserted “ or in connection with a disposition of other land to the borrower ”, and

Sch 11 para 7(5)(b)

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Sch 11 para 7(6)

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Sch 11 para 8

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Sch 11 para 9

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Sch 11 para 10

In the Companies (Northern Ireland) Order 1989, in Article 5(1), for “or liquidation” there shall be substituted“ , liquidation or striking off ”.

Sch 11 para 11

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Sch 11 para 12

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Sch 12

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Sch 13

Amendment of the Transport Act 1968 (1968 c. 73)

Sch 13 para 1

Sch 13 para 1(1)

In section 62(2) the words from “which” to the end of paragraph (c) shall be omitted.

Sch 13 para 1(2)

In section 62(4)(g) for “authorised vehicles” there shall be substituted “ vehicles referred to in the statement under subsection (2) of this section ”.

Sch 13 para 2

Sch 13 para 2(1)

In section 63(3) after “64(2)” there shall be inserted “ to (4) ”.

Sch 13 para 2(2)

Section 63(5) shall be omitted.

Sch 13 para 2(3)

In section 63(6) the definition of “statutory provision” shall be omitted.

Sch 13 para 3

In section 66(1)(a) for “the authorised vehicles are used” there shall be substituted “ vehicles are used under the licence (or, if the licence is at any time suspended under section 69 of this Act, were used under the licence immediately before its suspension) ”.

Sch 13 para 4

Sch 13 para 4(1)

In section 69(4) for “(1)(b)” there shall be substituted “ (1)(c) and (d) ”.

Sch 13 para 4(2)

In section 69(6) the words “premature termination” shall be omitted.

Sch 13 para 4(3)

In section 69(7) for “the authorised vehicles” there shall be substituted “ vehicles under the licence ”.

Sch 13 para 4(4)

In section 69(7A) for the words from “if” to the end there shall be substituted “ if before that date the licence which is directed to be suspended or curtailed ceases to be in force, on the date on which it ceases to be in force ”.

Sch 13 para 4(5)

In section 69(9) for “(5), (6) or (7)” there shall be substituted “ (5) or (6) ”.

Sch 13 para 4(6)

In section 69(10) for “(7) or (7A)” there shall be substituted “ or (7A) ”.

Sch 13 para 4(7)

After section 69(10) there shall be inserted—

Sch 13 para 5

Sch 13 para 5(1)

In section 69A(1)—

Sch 13 para 5(1)(a)

for “authorised vehicles” there shall be substituted “ vehicles authorised to be used ”; and

Sch 13 para 5(1)(b)

after “specified” there shall be inserted “ as an operating centre of his ”.

Sch 13 para 5(2)

In section 69A(3) for “authorised vehicles” there shall be substituted “ vehicles used ”.

Sch 13 para 5(3)

After section 69A(3) there shall be inserted—

Sch 13 para 6

Sch 13 para 6(1)

In section 69B(1) and (2)—

Sch 13 para 6(1)(a)

after “any place” there shall be inserted “ in the licensing authority’s area ”, and

Sch 13 para 6(1)(b)

for “is unsuitable” there shall be substituted “ will be unsuitable ”.

Sch 13 para 6(2)

In section 69B(3)—

Sch 13 para 6(2)(a)

for “authorised vehicles” there shall be substituted “ vehicles used ”, and

Sch 13 para 6(2)(b)

after “any place” there shall be inserted “ in the authority’s area ”.

Sch 13 para 6(3)

In section 69B(4)—

Sch 13 para 6(3)(a)

after “any place” there shall be inserted “ in the authority’s area ”, and

Sch 13 para 6(3)(b)

for “is unsuitable” there shall be substituted “ would be unsuitable ”.

Sch 13 para 6(4)

For section 69B(6) there shall be substituted—

Sch 13 para 6(5)

Section 69B(7) shall be omitted.

Sch 13 para 7

Sch 13 para 7(1)

For section 69C(1) there shall be substituted—

Sch 13 para 7(2)

For section 69C(3) and (4) there shall be substituted—

Sch 13 para 7(3)

For section 69C(5) there shall be substituted—

Sch 13 para 8

Section 69F shall be omitted.

Sch 13 para 9

For section 69G there shall be substituted—

Sch 13 para 10

In section 82(4) for “authorised vehicles” there shall be substituted “ vehicles used under the licence ”.

Sch 13 para 11

Sch 13 para 11(1)

After section 84(a) there shall be inserted—.

Sch 13 para 11(2)

For section 84(b) there shall be substituted—.

Sch 13 para 11(3)

For section 84(f) there shall be substituted—.

Sch 13 para 12

In section 85(1) for “authorised vehicles” there shall be substituted “ vehicles authorised to be used ”.

Sch 13 para 13

In section 87(3) the words “or 69F” shall be omitted.

Sch 13 para 14

Sch 13 para 14(1)

In section 91(1)—

Sch 13 para 14(1)(a)

in paragraph (a) for “69 and 69F” there shall be substituted “ 69, 69EA to 69EC and 69J ”,

Sch 13 para 14(1)(b)

in paragraph (c) for “authorised vehicles” there shall be substituted “ authorised to be used under any operator’s licence or as being used under such a licence ”,

Sch 13 para 14(1)(c)

for paragraph (d) there shall be substituted—

Sch 13 para 14(1)(d)

in paragraph (f) after “repayment” there shall be inserted “ (or partial repayment) ”, and

Sch 13 para 14(1)(e)

the words following paragraph (g) shall be omitted.

Sch 13 para 14(2)

In section 91(2) for “authorised vehicles” there shall be substituted “ authorised to be used under an operator’s licence ”.

Sch 13 para 14(3)

In section 91(4) the words from “and different” to the end shall be omitted.

Sch 13 para 14(4)

After section 91(4) there shall be inserted—

Sch 13 para 14(5)

After section 91(6) there shall be inserted—.

Sch 13 para 14(6)

In section 91(7) after “of this Act” there shall be inserted “ , other than regulations under section 69EA(3), ”.

Sch 13 para 15

Sch 13 para 15(1)

In section 92(1)—

Sch 13 para 15(1)(a)

the definition of “authorised vehicle” shall be omitted,

Sch 13 para 15(1)(b)

after the definition of “large goods vehicle” there shall be inserted—,

Sch 13 para 15(1)(c)

in the definition of “operating centre”, for “authorised vehicles” there shall be substituted “ vehicles used ”, and

Sch 13 para 15(1)(d)

after the definition of “regulations” there shall be inserted—.

Sch 13 para 15(2)

After section 92(2) there shall be inserted—

Sch 13 para 15(3)

For section 92(3)(b) and (c) there shall be substituted—.

Sch 13 para 15(4)

After section 92(4) there shall be inserted—

Sch 13 para 15(5)

In section 92(5) for the words from “operated under” to the end there shall be substituted “ , within the meaning of the Road Traffic Act 1988 ”.

Sch 13

Amendment of other Enactments

Sch 13 para 16

In section 233(1)(c) of the Road Traffic Act 1960—

Sch 13 para 16(a)

for “or mark” there shall be substituted “ , mark or other thing ”, and

Sch 13 para 16(b)

for “an authorised vehicle” there shall be substituted “ authorised to be used, or as being used, under an operator’s licence ”.

Sch 13 para 17

In section 2(2) of the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 for “64(2)(c)” there shall be substituted “ 64(3)(a) ”.

Sch 13 para 18

Sch 13 para 18(1)

Section 73 of the Road Traffic Act 1988 shall be amended as follows.

Sch 13 para 18(2)

In subsection (1)—

Sch 13 para 18(2)(a)

for “an authorised vehicle” there shall be substituted “ by virtue of section 61 of the Transport Act 1968 authorised to be used under an operator’s licence ”, and

Sch 13 para 18(2)(b)

for “the operator’s licence was granted for the vehicle” there shall be substituted “ the licence was granted ”.

Sch 13 para 18(3)

After subsection (1) there shall be inserted—

Sch 13 para 18(4)

In subsection (4) for the words from “and section 72” to “have” there shall be substituted “operator’s licence” has ”.

Sch 14

PSV Operator Licensing etc: Minor and Consequential Amendments

Sch 14 para 1

The 1981 Act shall be amended as follows.

Sch 14 para 2

In section 14(4) for “the provisions of sections 15 and 16” there shall be substituted “ section 16 ”.

Sch 14 para 3

Section 14A(3) shall be omitted.

Sch 14 para 4

In section 16(6) the word “or” immediately before paragraph (b) shall be omitted.

Sch 14 para 5

Sch 14 para 5(1)

Section 17(2)(c) shall be omitted.

Sch 14 para 5(2)

In section 17(3)—

Sch 14 para 5(2)(a)

in paragraph (a) the words “intention or” shall be omitted, and

Sch 14 para 5(2)(b)

in paragraph (c) for “section 9 of this Act” there shall be substituted “ section 69 of the Road Traffic Act 1988 ” and for “subsection (9) of that section” there shall be substituted “ section 71(1)(a) or (b) of that Act arising out of the contravention of such a prohibition ”.

Sch 14 para 6

In section 18(3)(d)—

Sch 14 para 6(a)

after “discs” there shall be inserted “ on their expiry or otherwise ceasing to have effect, ”, and

Sch 14 para 6(b)

for “expiration” there shall be substituted “ on termination ”

Sch 14 para 7

Sch 14 para 7(1)

Section 50(2) shall be omitted.

Sch 14 para 7(2)

In section 50(4)—

Sch 14 para 7(2)(a)

at the end of paragraph (a) there shall be added “ or any undertaking recorded in it ”, and

Sch 14 para 7(2)(b)

in paragraph (c) the words “or to curtail its period of validity” shall be omitted.

Sch 14 para 8

In section 12 of the Transport Act 1985 subsection (3) shall be omitted.

Sch 15

Restrictions on Disclosure of Information

Sch 15 para 1

Sch 15 para 1(1)

Paragraphs 2 to 5, 7 and 8 below apply where—

Sch 15 para 1(1)(a)

a person (contractor A) is authorised, whether by virtue of an order made under section 69 or 70 above or otherwise, to exercise any function (the relevant function) of a Minister, office-holder or local authority (authority A); and

Sch 15 para 1(1)(b)

the disclosure of relevant information, that is, information obtained, whether before or after the commencement of this Part of this Act, in or in connection with the exercise of the relevant function or a related function, is restricted by any enactment or by any obligation of confidentiality.

Sch 15 para 1(2)

Paragraphs 6 to 8 below apply where—

Sch 15 para 1(2)(a)

a person (contractor A) is authorised, whether by virtue of an order made under section 69 or 70 above or otherwise, to exercise any function (the relevant function) of a Minister, office-holder or local authority (authority A); and

Sch 15 para 1(2)(b)

the disclosure of relevant information, that is, information obtained, whether before or after the commencement of this Part of this Act, in or in connection with the exercise of any function of another Minister, office-holder or local authority (authority E), is restricted by any enactment or by any obligation of confidentiality.

Sch 15 para 2

The enactment or obligation shall not prevent or penalise the disclosure of relevant information—

Sch 15 para 2(a)

between contractor A or an employee of his and authority A or an authorised officer of that authority;

Sch 15 para 2(b)

between contractor A and an employee of his or between one such employee and another; or

Sch 15 para 2(c)

where the relevant function has been delegated to authority A by another Minister, office-holder or local authority (authority B), between contractor A or an employee of his and authority B or an authorised officer of that authority, if the disclosure is necessary or expedient in or in connection with, or for the purpose of facilitating, the exercise of the relevant function or a related function, or the performance of ancillary services.

Sch 15 para 3

Sch 15 para 3(1)

This paragraph applies where another person (contractor B) is authorised, whether by virtue of an order under section 69 or 70 above or otherwise, to exercise the relevant function or a related function.

Sch 15 para 3(2)

The enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his, or authority A or an authorised officer of that authority, to contractor B or an employee of his if—

Sch 15 para 3(2)(a)

the disclosure is necessary or expedient for the purpose of facilitating the exercise of the relevant function or a related function; and

Sch 15 para 3(2)(b)

where the disclosure is by contractor A or an employee of his, the disclosure falls within a description of disclosures certified by authority A (whether in the authorisation or otherwise) to be capable of being so necessary or expedient.

Sch 15 para 4

Sch 15 para 4(1)

This paragraph applies where another person (contractor C) is authorised, whether by virtue of an order under section 69 or 70 above or otherwise, to exercise a function of another Minister, office-holder or local authority (authority C).

Sch 15 para 4(2)

The enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his, or authority A or an authorised officer of that authority, to contractor C or an employee of his if—

Sch 15 para 4(2)(a)

the disclosure is necessary or expedient for the purpose of facilitating the exercise of the relevant function, a related function or a function of authority C;

Sch 15 para 4(2)(b)

where the disclosure is by contractor A or an employee of his, the disclosure falls within a description of disclosures certified by authority A (whether in the authorisation or otherwise) to be capable of being so necessary or expedient; and

Sch 15 para 4(2)(c)

the information could be lawfully disclosed, for that purpose, by authority A to authority C.

Sch 15 para 5

The enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his to another Minister, office-holder or local authority (authority D) or an authorised officer of that authority if—

Sch 15 para 5(a)

the disclosure is necessary or expedient for the purpose of facilitating the exercise of the relevant function, a related function or a function of authority D;

Sch 15 para 5(b)

the disclosure falls within a description of disclosures certified by authority A (whether in the authorisation or otherwise) to be capable of being so necessary or expedient; and

Sch 15 para 5(c)

the information could be lawfully disclosed, for that purpose, by authority A to authority D.

Sch 15 para 6

The enactment or obligation shall not prevent or penalise the disclosure of relevant information by authority E or an authorised officer of that authority to contractor A or an employee of his if—

Sch 15 para 6(a)

the disclosure is necessary or expedient for the purpose of facilitating the exercise of the relevant function, a related function or a function of authority E; and

Sch 15 para 6(b)

the information could be lawfully disclosed, for that purpose, by authority E to authority A.

Sch 15 para 7

Sch 15 para 7(1)

Where authority A is a Minister or office-holder, the enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his if—

Sch 15 para 7(1)(a)

the disclosure is to the Comptroller, or a person exercising an audit function of his, and the information could lawfully be disclosed to the Comptroller or that person by authority A; or

Sch 15 para 7(1)(b)

the disclosure is to an accounting officer, or a person exercising an audit function of his, and the information could lawfully be disclosed to that officer or person by authority A.

Sch 15 para 7(2)

Where authority A is a local authority, the enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his if—

Sch 15 para 7(2)(a)

the disclosure is to the authority’s chief finance officer, or a person exercising an audit function of his; and

Sch 15 para 7(2)(b)

the information could lawfully be disclosed to that officer or person by the authority.

Sch 15 para 7(3)

In this paragraph—“accounting officer” means an officer appointed by the Treasury under section 5(6) or (8) of the Government Resources and Accounts Act 2000 (resource accounts) or section 4 of the Government Trading Funds Act 1973;“audit function”, in relation to the Comptroller, includes any function under Part II of the National Audit Act 1983 or Part III of the Audit (Northern Ireland) Order 1987 (examinations into economy, efficiency and effectiveness);“chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989;“Comptroller” means the Comptroller and Auditor General or the Comptroller and Auditor General for Northern Ireland.

Sch 15 para 8

It shall be an implied term of any contract made between contractor A and authority A and relating to the exercise of the relevant function that contractor A shall take all reasonable steps to secure that any relevant information—

Sch 15 para 8(a)

which is obtained by him or an employee of his; and

Sch 15 para 8(b)

the disclosure of which is restricted by any enactment or obligation, is not disclosed at any time (whether or not during the subsistence of the contract) to any other person in contravention of the enactment or in breach of the obligation.

Sch 15 para 9

Sch 15 para 9(1)

This paragraph applies where—

Sch 15 para 9(1)(a)

any information is disclosed to any person in accordance with paragraphs 2 to 7 above (the original disclosure); and

Sch 15 para 9(1)(b)

that person, or any other person to whom the information is subsequently so disclosed, discloses the information otherwise than in accordance with paragraphs 2 to 7 above (the unauthorised disclosure).

Sch 15 para 9(2)

If the original disclosure was restricted by an enactment, the enactment shall apply in relation to the person making the unauthorised disclosure as if—

Sch 15 para 9(2)(a)

he had obtained the information by virtue of the same provision as the person who made the original disclosure; and

Sch 15 para 9(2)(b)

where the enactment would not have restricted that disclosure if the person who made it had not fallen within a particular class, he fell within that class.

Sch 15 para 9(3)

If the original disclosure was restricted by an obligation, the person making the unauthorised disclosure shall be treated for all purposes as if he were subject to that obligation.

Sch 15 para 10

Sch 15 para 10(1)

In this Schedule—“ancillary services” means services certified by authority A (whether in the authorisation or otherwise) to be services appearing to it to be calculated to facilitate, or to be conducive or incidental to, the exercise of the relevant function;“authorised officer”, in relation to a Minister, office-holder or local authority, means any officer of the Minister, office-holder or local authority who is authorised by him or it to disclose or (as the case may be) obtain the information in question;“employee”, in relation to contractor A, includes any person who performs ancillary services for that contractor, and any employee of such a person;“related function” means any function of authority A which is certified by that authority (whether in the authorisation or otherwise) to be a function appearing to it to be a function which is related to the relevant function.

Sch 15 para 10(2)

For the purposes of sub-paragraph (1) above a function of authority A is related to another function of that authority if information—

Sch 15 para 10(2)(a)

which is obtained in or in connection with the exercise of either function; and

Sch 15 para 10(2)(b)

the disclosure of which is restricted by any enactment or by any obligation of confidentiality, can lawfully be used by that authority for the purpose of facilitating the exercise of the other function.

Sch 15 para 10(3)

In this Schedule—

Sch 15 para 10(3)(a)

any reference to another person is a reference to a person other than contractor A; and

Sch 15 para 10(3)(b)

any reference to another Minister, office-holder or local authority is a reference to a Minister, office-holder or local authority other than authority A.

Sch 16

Amendments etc. for Facilitating Contracting Out

Sch 16 para 1

Sch 16 para 1(1)

This paragraph applies where by virtue of an order made under section 69 of this Act a person is authorised by the the registrar to accept delivery of any class of documents which are under any provision of the Newspaper Libel and Registration Act 1881 or the Limited Partnerships Act 1907 to be delivered to the registrar.

Sch 16 para 1(2)

If—

Sch 16 para 1(2)(a)

the registrar directs that documents of that class shall be delivered to a specified address of the authorised person; and

Sch 16 para 1(2)(b)

the direction is printed and made available to the public (with or without payment), any document of that class which is delivered to an address other than the specified address shall be treated for the purposes of that Act as not having been delivered.

Sch 16 para 1(3)

In this paragraph “the registrar” has the same meaning as in the Newspaper Libel and Registration Act 1881 or the Limited Partnerships Act 1907 (as the case may be).

Sch 16 para 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 3

If and to the extent that an order under section 70 of this Act so provides, section 223 of the Local Government Act 1972 (appearance of local authorities in legal proceedings) shall have effect as if—

Sch 16 para 3(a)

any person authorised by virtue of the order to exercise a function of a local authority, and

Sch 16 para 3(b)

any employee of a person so authorised, were an officer of the authority.

Sch 16 para 4

If and to the extent that an order under section 69 of this Act so provides, section 112 of the Patents Act 1977 (misuse of title “Patent Office”) shall not apply in relation to anything done by a person who is authorised by virtue of the order to exercise any function of the Comptroller-General of Patents, Designs and Trade Marks.

Sch 16 para 5

At the beginning of subsection (3) of section 43 of the Rent (Scotland) Act 1984 (registration of rents under regulated tenancies) there shall be inserted the words “ Subject to section 43A below, ”

Sch 16 para 6

After section 43 of that Act there shall be inserted the following section—

Sch 16 para 7

After section 43A of that Act there shall be inserted the following sections—

Sch 16 para 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 14

For subsection (3) of section 1 of the Agriculture Act 1986 (provision of services and goods connected with agriculture and countryside) there shall be substituted the following subsection—

Sch 16 para 15

In paragraph 16 of Schedule 4 to the European Economic Interest Grouping Regulations 1989 (provisions of Companies Act 1985 applying to EEIGs and their establishments), for the words “section 704(5)” there shall be substituted the words “ section 704(5), (7) and (8) ”.

Sch 16 para 16

After subsection (5) of section 6 of the Food Safety Act 1990 (enforcement of Act) there shall be inserted the following subsection—

Sch 16 para 17

In subsection (1) of section 42 of that Act (default powers)—

Sch 16 para 17(a)

for the words “one of his officers” there shall be substituted the words “ a person (whether or not an officer of his) who is authorised by him in writing to do so ”; and

Sch 16 para 17(b)

there shall be inserted at the end th e words “ but if regulations made by the Ministers so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations. ”

Sch 16 para 18

In subsection (1) of section 50 of that Act (service of documents), for the words “any officer” there shall be substituted the words “ an authorised officer ”.

Sch 16 para 19

In subsection (2) of section 53 of that Act (general interpretation), after the first entry there shall be inserted the following entry—.

Sch 16 para 20

Sch 16 para 20(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 20(2)

Sub-paragraph (3) below applies where a consent given before the commencement of this Part authorises the disclosure of any information to the Secretary of State, or to a medical practitioner who is an officer of the Secretary of State.

Sch 16 para 20(3)

The consent shall have effect as if it also authorised the disclosure of the information—

Sch 16 para 20(3)(a)

to a medical practitioner who is provided by any person in pursuance of a contract entered into with the Secretary of State, and

Sch 16 para 20(3)(b)

if and to the extent that the Secretary of State so directs, to any employee of such a practitioner.

Sch 16 para 20(4)

In this paragraph—“employee”, in relation to a medical practitioner, includes any person who performs ancillary services for the practitioner, and any employee of such a person;“medical practitioner” has the same meaning as in that Act.

Sch 16 para 21

After subsection (6) of section 123 of that Act (disclosure of information relating to particular persons) there shall be inserted the following subsection—

Sch 16 para 22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 16 para 24

Sch 16 para 24(1)

After subsection (7) of section 52 of the Social Security Administration (Northern Ireland) Act 1992 (claims relating to attendance allowance, disability living allowance and disability working allowance) there shall be inserted the following subsection—

Sch 16 para 24(2)

Sub-paragraph (3) below applies where a consent given before the commencement of this Part authorises the disclosure of any information to the Department, or to a medical practitioner who is an officer of the Department.

Sch 16 para 24(3)

The consent shall have effect as if it also authorised the disclosure of the information—

Sch 16 para 24(3)(a)

to a medical practitioner who is provided by any person in pursuance of a contract entered into with the Department, and

Sch 16 para 24(3)(b)

if and to the extent that the Department so directs, to any employee of such a practitioner.

Sch 16 para 24(4)

In this paragraph—“the Department” means the Department of Health and Social Services for Northern Ireland;“employee”, in relation to a medical practitioner, includes any person who performs ancillary services for the practitioner, and any employee of such a person;“medical practitioner” has the same meaning as in that Act.

Sch 16 para 25

After subsection (6) of section 117 of that Act (disclosure of information relating to particular persons) there shall be inserted the following subsection—.

Sch 17

Repeals

Paragraph

Sections 1 to 3 and 7.

Paragraph

Section 43.

s. 6 — Model provisions with respect to appeals.

s. 6(1)

The Secretary of State shall by order prescribe model provisions with respect to appeals against enforcement action with a view to their being incorporated, if thought fit and with or without modifications, in enactments to which subsection (2) below applies.

s. 6(2)

This subsection applies to enactments which include provision the effect of which is to impose, or authorise or require the imposition of, a restriction, requirement or condition affecting any person in the carrying on of any trade, business or profession or otherwise.

s. 6(3)

The Secretary of State shall perform his duty under this section in the manner which he considers is best calculated to secure—

s. 6(3)(a)

that appeals determined in accordance with the model provisions are determined without unnecessary delay; and

s. 6(3)(b)

that the costs or expenses incurred by the parties to appeals so determined are kept to the minimum.

s. 6(4)

Model provisions prescribed by an order under this section may provide for the appointment of persons to hear and determine appeals and confer powers on persons so appointed, including in particular—

s. 6(4)(a)

power to appoint experts and their own counsel or solicitor;

s. 6(4)(b)

power to require respondents to disclose documents and other material;

s. 6(4)(c)

power to summon or, in Scotland, to cite witnesses;

s. 6(4)(d)

power to make interim orders, including orders staying or, in Scotland, suspending enforcement action; and

s. 6(4)(e)

power to award costs or expenses to appellants and, in certain cases, against them.

s. 6(5)

Model provisions so prescribed may also—

s. 6(5)(a)

confer a right for interested persons to make representations before enforcement action is taken;

s. 6(5)(b)

require the giving of reasons to such persons for any decision to take such action;

s. 6(5)(c)

require appellants to state their grounds of appeal and respondents to furnish statements by way of answer;

s. 6(5)(d)

enable appellants to amend their grounds of appeal before the hearing;

s. 6(5)(e)

require appeals to be determined on the merits rather than by way of review; and

s. 6(5)(f)

provide for further appeals to courts on points of law.

s. 6(6)

An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 6(7)

In this section—“enactment” does not include anything contained in Northern Ireland legislation but, subject to that, includes an enactment contained in an Act (whenever passed) ... an enactment contained in subordinate legislation (whenever made) , an enactment contained in an Act of the Scottish Parliament (whenever passed) and an enactment contained in an instrument made under an Act of the Scottish Parliament (whenever made);“enforcement action” means—in relation to any restriction, requirement or condition, any action taken with a view to or in connection with imposing any sanction (whether criminal or otherwise) for failure to observe or comply with it; and in relation to a restriction, requirement or condition relating to the grant or renewal of licences, includes any refusal to grant, renew or vary a licence, the imposition of any condition on the grant or renewal of a licence and any variation or revocation of a licence;“interested person” means—the person against whom enforcement action may be or has been taken; any other person who will or may be required to meet, or to make a significant contribution towards, the cost of observing the restriction or complying with the requirement or condition; or where the enforcement action which may be or has been taken relates specifically to goods or services which are to be or have been supplied by a person other than the one against whom enforcement action may be or has been taken, that person;“Northern Ireland legislation” means—Northern Ireland legislation within the meaning of section 24 of the Interpretation Act 1978; and instruments, within the meaning of the Interpretation Act (Northern Ireland) 1954, made under such legislation;“subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Removal or reduction of burdens

Enforcement procedures and appeals

Contracting out of functions

Provisions for facilitating contracting out

Supplemental

Explanation of suggested remedial action

Explanation of immediate enforcement action et ceteralaetc.

Right to make representations

Explanation of right of appeal

Application of provisions to other interested persons

Telecommunications

Electricity

Water

Railways

Interpretation

Sectoral regulators

Transition

Powers to transfer enforcement functions to agriculture Ministers

Territorial division of enforcement functions under the Food Safety Act 1990

Great Britain

Northern Ireland

United Kingdom

Great Britain

Northern Ireland

Licensing Act 1964 (c. 26)

Fair Trading Act 1973 (c. 41)

Energy Act 1976 (c. 76)

Competition Act 1980 (c. 21)

Road Traffic Regulation Act 1984 (c. 27)

Company Directors Disqualification Act 1986 (c. 46)

Building Societies Act 1986 (c. 53)

Financial Services Act 1986 (c. 60)

Companies Act 1989 (c. 40)

Companies (Northern Ireland) Order 1989 (N.I. 18)

Companies (Northern Ireland) Order 1990 (N.I. 5)

Charities Act 1993 (c. 10)

Preliminary

Disclosures between contracting parties etc.

Disclosures by contracting parties to contractor B

Disclosures by contracting parties to contractor C

Disclosures by contractor A to authority D

Disclosures to contractor A by authority E

Disclosures for audit purposes

Implied term of contractor A’s contract

Unauthorised disclosures

Interpretation: general

Newspaper Libel and Registration Act 1881 (c.60) and Limited Partnerships Act 1907 (c.24)

Courts Act 1971 (c.23)

Local Government Act 1972 (c.70)

Patents Act 1977 (c.37)

Rent (Scotland) Act 1984 (c.58)

Companies Act 1985 (c.6)

Gas Act 1986 (c.44)

Agriculture Act 1986 (c.49)

European Economic Interest Grouping Regulations 1989

Food Safety Act 1990 (c.16)

Social Security Administration Act 1992 (c.5)

Social Security Administration (Northern Ireland) Act 1992 (c.8)