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:—
Measures affecting the workplace: general
Section 3 of the Health and Safety at Work etc. Act 1974 (general duty of employers and self-employed to persons other than their employees) is amended in accordance with subsections (2) and (3).
In subsection (2) (which imposes a general duty with respect to health and safety on self-employed persons)—
after “self-employed person” insert “ who conducts an undertaking of a prescribed description ”;
for “his undertaking” substitute “ the undertaking ”.
After subsection (2) insert—
In section 11 of that Act (functions of the Executive), after subsection (4A) insert—
In section 82 of that Act (general provisions as to interpretation and regulations)—
in subsection (3)(b) for “subsection (3A) or (4)” substitute “ subsection (3A), (3B) or (4) ”;
after subsection (3A) insert—
Where this section comes into force at a time when there is in force an Order in Council made under section 84(3) of the Health and Safety at Work etc. Act 1974 that applies section 3 or 11 of that Act to matters outside Great Britain, that Order is to be taken as applying that section as amended by this section.
In section 124 of the Equality Act 2010 (remedies available to an employment tribunal in discrimination cases etc), in subsection (3) (which describes the recommendations that an employment tribunal may make)—
in the opening words, after “adverse effect” insert “ on the complainant ”;
omit paragraphs (a) and (b).
In consequence of subsection (1)—
in section 124(7) of that Act omit “in so far as it relates to the complainant”;
omit section 125 of that Act (remedies: national security).
Schedule 1 makes provision about apprenticeships.
Part 1 of the Schedule amends Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (“the 2009 Act”) so as to simplify the provision made by that Part about English apprenticeships.
Part 2 of the Schedule contains further amendments of the 2009 Act in consequence of the amendments made by Part 1.
Part 3 of the Schedule contains minor amendments of the provision made by Part 1 of the 2009 Act about Welsh apprenticeships.
Part 4 of the Schedule contains transitional provision.
The Secretary of State may make arrangements with the Commissioners for Her Majesty's Revenue and Customs under which the Commissioners are responsible for the administration of apprenticeship payments.
“Apprenticeship payments” are payments that may be made by the Secretary of State to any person—
for the purpose of encouraging the provision of opportunities for individuals to complete approved English apprenticeships or to undertake work following the completion of such apprenticeships, or
otherwise in connection with approved English apprenticeships.
The arrangements that may be made under subsection (1) include arrangements under which the Commissioners are responsible for recovery where an apprenticeship payment is made but the whole or any part of it is (for whatever reason) recoverable by the Secretary of State.
The Commissioners may by regulations make provision as to the administration of payments where arrangements are made under subsection (1).
The regulations may, in particular, provide that the Commissioners may, instead of making payments to persons of a description specified in the regulations—
permit them to deduct equivalent amounts from payments that they are required to make to the Commissioners and that are of a kind specified in the regulations;
provide them with vouchers of equivalent amounts which may be used by them in connection with approved English apprenticeships.
The regulations may, in particular, also provide that, where the Commissioners are responsible for recovering the whole or any part of an apprenticeship payment from a person of a description specified in the regulations, they may do so by deducting the amount from any payments that they would otherwise be required to make to that person and that are of a kind specified in the regulations.
The regulations may make different provision for different cases.
Regulations under this section may be made only with the consent of the Secretary of State.
Regulations under this section must be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “approved English apprenticeship” has the same meaning as in Chapter A1 of the Apprenticeships, Skills, Children and Learning Act 2009 (see Schedule 1).
The Commissioners may disclose information held by them to the Secretary of State, or to a person providing services to the Secretary of State, for the purpose of the Secretary of State's functions in relation to approved English apprenticeships.
The Secretary of State, or a person providing services to the Secretary of State, may disclose information to the Commissioners, or to a person providing services to them, for the purpose of arrangements made under section 4(1) or for the purpose of requesting the Commissioners to disclose information under subsection (1) of this section.
Information disclosed under subsection (1) may not be disclosed by the recipient of the information to any other person without the consent of the Commissioners.
If a person discloses, in contravention of subsection (3), any revenue and customs information relating to a person whose identity—section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.
is specified in the disclosure, or
can be deduced from it,
In this section—“approved English apprenticeship” has the same meaning as in Chapter A1 of the Apprenticeships, Skills, Children and Learning Act 2009 (see Schedule 1);“revenue and customs information relating to a person” has the same meaning as in section 19 of the Commissioners for Revenue and Customs Act 2005 (see section 19(2) of that Act).
Section 11 of the Employment Act 1989 (exemption of Sikhs from requirements as to wearing of safety helmets on construction sites) is amended in accordance with subsections (2) to (10).
In subsection (1), for “on a construction site” substitute “ at a workplace ”.
In subsection (2), in paragraph (a), for “on a construction site” substitute “ at a workplace ”.
In subsection (5), in the opening words, for “on a construction site” substitute “ at a workplace ”.
After subsection (6) insert—
In subsection (7)—
omit the definitions of “building operations”, “works of engineering construction” and “construction site”;
before the definition of “injury”, insert—;
at the end insert—
In subsection (8), in paragraph (b), for “on a construction site” substitute “ at a workplace ”.
In subsection (9)—
for “relevant construction site” substitute “ relevant workplace ”;
for “construction site” (in the second place where it occurs) substitute “ workplace ”.
In subsection (10), for the words from “ “relevant construction site” to the end of the subsection substitute “ “relevant workplace” means any workplace where work is being undertaken if the premises and the activities being undertaken there are premises and activities to which the Health and Safety at Work etc. Act 1974 applies by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013.”
In the sidenote, for “on construction sites” substitute “ at workplaces ”.
Section 12 of that Act (protection of Sikhs from racial discrimination in connection with requirements as to wearing of safety helmets) is amended as follows.
In subsection (1)—
in paragraph (a), for “on a construction site” substitute “ at a workplace ”;
in paragraph (b), for “on such a site” substitute “ at such a workplace ”.
In subsection (3), for “Subsections (7) to (10)” substitute “ Subsections (6A) to (10) ”.
Article 13 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990 (S.I. 1990/246) is amended in accordance with subsections (2) to (8).
In paragraph (1), for “on a construction site” substitute “ at a workplace ”.
In paragraph (2), in sub-paragraph (a), for “on a construction site” substitute “ at a workplace ”.
In paragraph (5), in the opening words, for “on a construction site” substitute “ at a workplace ”.
After paragraph (6) insert—
In paragraph (7)—
omit the definitions of “building operations”, “works of engineering construction” and “construction site”;
before the definition of “injury”, insert—;
at the end insert—
In paragraph (8), in sub-paragraph (b), for “on a construction site” substitute “ at a workplace ”.
In the heading, for “on construction sites” substitute “ at workplaces ”.
Article 13A of that Order (protection of Sikhs from racial discrimination in connection with requirements as to wearing of safety helmets) is amended as follows.
In paragraph (1)—
in sub-paragraph (a), for “on a construction site” substitute “ at a workplace ”;
in sub-paragraph (b), for “on such a site” substitute “ at such a workplace ”.
In paragraph (3), for “Paragraphs (7) and (8)” substitute “ Paragraphs (6A) to (8) ”.
Measures affecting business: particular areas
Schedule 2 makes provision to simplify the regulation of driving instructors by removing the separate system for the registration of disabled instructors.
Part 1 of the Schedule contains amendments of Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006.
Part 2 of the Schedule contains transitory amendments of Part 5 of the Road Traffic Act 1988 which have effect before the commencement of Schedule 6 to the Road Safety Act 2006.
Part 3 of the Schedule contains consequential and related amendments.
In Part 6 of the Road Traffic Act 1988 (compulsory insurance or security against third-party risks), section 147 (issue and surrender of certificates of insurance and of security) is amended as follows.
In subsection (1), for “A policy of insurance shall be of no effect for the purposes of this Part of this Act unless and until there is delivered by the insurer” substitute “ An insurer issuing a policy of insurance for the purposes of this Part of this Act must deliver ”.
In subsection (2), for “A security shall be of no effect for the purposes of this Part of this Act unless and until there is delivered by the person giving the security” substitute “ A person giving a security for the purposes of this Part of this Act must deliver ”.
Omit subsections (4) to (5) (obligation to surrender certificate following cancellation of policy of insurance or security).
Schedule 3 makes amendments in consequence of this section.
The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows.
In section 53 (drivers' licences for hackney carriages and private hire vehicles)—
in subsection (1)(a), for “for such lesser period as the district council may specify in such licence” substitute “ for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of the case ”;
in subsection (1)(b), for “for such lesser period as they may specify in such licence” substitute “ for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of the case ”.
In section 55 (licensing of operators of private hire vehicles), for subsection (2) substitute—
In the Local Government (Miscellaneous Provisions) Act 1976, after section 55 insert—
The Outer Space Act 1986 is amended as follows.
In section 3 (prohibition of unlicensed activities), after subsection (3) insert—
In section 5 (terms of licence), after subsection (2) insert—
In section 10 (obligation to indemnify government against claims), after subsection (1) insert—
A variation under subsection (5) is to be made by giving notice in writing to the licensee.
The power under section 15(6) of the 1986 Act may be exercised so as to extend to any of the Channel Islands, the Isle of Man or any British overseas territory any provision made by this section (subject to any specified exceptions or modifications).
Schedule 4 amends the Agricultural Holdings Act 1986 to provide for certain matters arising under the Act to be capable of third party determination.
In Part 1 of the Energy Act 2008 (gas importation and storage), after section 3 insert—
Part 3 of the Clean Air Act 1993 (smoke control areas) is amended as follows.
In section 20 (offence of emitting smoke in smoke control area where emission caused by use of fuel other than authorised fuel), after subsection (5) insert—
In that section, in subsection (6) as it applies in relation to England and Wales (definition of “authorised fuel”), for “In” substitute “ Except as provided by subsection (5ZA), in ”.
In section 21 (power by order to exempt certain fireplaces), at the beginning insert—
In that section as it applies in relation to England and Wales, the existing text becomes subsection (5) and in that subsection, for “ The ” substitute “ Except where subsection (A1) applies, the ”.
In the sidenote to that section, omit “by order”.
In section 29 (interpretation of Part 3), in the definition of “authorised fuel”, for “20(6)” substitute “ 20 ”.
The Weights and Measures (Knitting Yarns) Order 1988 (S.I. 1988/895) (quantities in which yarn is to be sold) is revoked.
In consequence of subsection (1), in the Weights and Measures (Specified Quantities) (Pre-packed Products) Regulations 2009 (S.I. 2009/663), omit regulation 3.
Companies and insolvency
Part 13 of the Insolvency Act 1986 (insolvency practitioners and their qualification) is amended in accordance with subsections (2) to (4).
In section 390 (persons not qualified to act as insolvency practitioners), for subsection (2) substitute—
After section 390 insert—
For section 391 (recognised professional bodies) substitute—
In section 415A of the Insolvency Act 1986 (fees orders (general))—
in subsection (1) (fees for grant or maintenance of recognition of professional body), in paragraph (b) (power to refuse recognition, or revoke order of recognition, where fee not paid), after “391(1)” insert “ or (2) ”;
after subsection (1) (fees for grant or maintenance of recognition of professional body) insert—
An order under section 391(1) of the Insolvency Act 1986 (recognised professional bodies) made before the coming into force of this section is, following the coming into force of this section, to be treated as if it were made under section 391(1) as substituted by subsection (4) of this section.
Chapter 4 of Part 16 of the Companies Act 2006 (audit: removal, resignation, etc of auditors) is amended as follows.
In section 519 (statement by auditor to be deposited with company on ceasing to hold office), for subsections (1) to (3) substitute—
After section 519 insert—
In section 523 (duty of company to notify appropriate audit authority), for subsections (1) to (3) substitute—
Schedule 5 (auditors ceasing to hold office) makes provision about the following matters—
the notification requirements that apply on an auditor ceasing to hold office;
the requirements that apply if there is a failure to re-appoint an auditor;
the replacement of references to documents being deposited at a company's registered office.
Schedule 6 makes provision about the following matters—
deeds of arrangement;
administration and winding up of companies;
disqualification of unfit directors of insolvent companies;
bankruptcy;
insolvency practitioners;
liabilities of administrators etc and preferential debts;
appointment of proxies under company law.
Use of land
In the Countryside and Rights of Way Act 2000, after section 55 (bridleway rights over ways shown as bridleways) insert—
In the Countryside and Rights of Way Act 2000, after section 56 (cut-off date for extinguishment of certain unrecorded rights of way) insert—
In the Countryside and Rights of Way Act 2000, after section 56A (as inserted by section 21) insert—
The Highways Act 1980 is amended as follows.
In section 118ZA(1) (which makes provision for owners, lessees or occupiers of certain land to be able to apply for a public path extinguishment order), after “horses” insert “ , or of any land in England of a prescribed description, ”.
In section 119ZA(1) (which makes provision for owners, lessees or occupiers of certain land to be able to apply for a public path diversion order), after “horses” insert “ , or of any land in England of a prescribed description, ”.
In section 121E(1) (which specifies the duties of the Secretary of State on certain appeals relating to the extinguishment or diversion of public paths), after “section 121D(1)(a) above,” insert “ in relation to an application made under section 118C or 119C above or an application made under section 118ZA or 119ZA above to a council in Wales, ”.
After section 121E(1) insert—
In Schedule 6, in paragraph 2A(1)(b), after “section 121E(1)(c)” insert “ or (1A)(a) ”.
Section 147 of the Highways Act 1980 (which allows highway authorities etc to authorise the erection of stiles and gates etc on footpaths or bridleways crossing agricultural land) is amended as follows.
In subsection (1), after “For the purposes of this section” insert “ as it applies in relation to footpaths or bridleways, ”.
After subsection (1) insert—
In subsection (3), for “footpath or bridleway” substitute “ footpath, bridleway or byway ”.
After subsection (5) insert—
In consequence of the amendments made by this section to section 147, section 146 of the 1980 Act is amended as follows—
in subsection (1), after “restricted byway” (in the first place it occurs) insert “ or across a byway open to all traffic in England ”;
in that subsection, for “or restricted byway” (in the second place it occurs) substitute “ , restricted byway or byway open to all traffic ”;
in subsection (2)(b), after “restricted byway” insert “ or in the case of a byway open to all traffic ”;
after subsection (5) insert—;
in the heading to the section, for “restricted byways” substitute “ byways ”.
The Highways Act 1980 is amended as follows.
In section 118ZA(3) (which deals with the making of regulations imposing charges in connection with applications by owners etc for a public path extinguishment order), in paragraph (a), after “this section” insert “ to a council in Wales ”.
In section 119ZA(5) (which deals with the making of regulations imposing charges in connection with applications by owners etc for a public path diversion order), in paragraph (a), after “this section” insert “ to a council in Wales ”.
In section 121A(1) (which confers power to make regulations about applications for public path extinguishment and diversion orders), in paragraph (f), for “prescribed charge” substitute “ charge prescribed under the section ”.
In section 121E(8) (which makes provision about what may be included in regulations about appeals under section 121D(1)), in paragraph (j), for “prescribed charge” substitute “ charge prescribed under section 118ZA(3) or 119ZA(5) ”.
In Part 1 of Schedule 6 (procedure for making and confirming certain orders relating to footpaths, bridleways and restricted byways), in paragraph 2B (which makes supplemental provision about hearings held under paragraph 2 of the Schedule), after sub-paragraph (3) insert—
Schedule 7 makes changes to the law about the ascertainment of public rights of way in England and the making and confirmation of orders relating to such rights.
Part 1 of the Schedule amends Part 3 of the Wildlife and Countryside Act 1981 (“the 1981 Act”) so as to—
alter the test that applies where a local authority is deciding whether to modify a definitive map and statement on the basis of evidence relating to the existence of a right of way not currently shown on the map;
enable regulations to be made to simplify the procedure that applies where a modification of a definitive map and statement is needed because of an administrative error;
enable regulations to be made so that applications made to a local authority seeking a modification of a definitive map and statement do not need to be included in the register of applications unless the authority have given notice that there is a reasonable basis for the applicant's belief that the map should be modified;
facilitate the making of modifications of a definitive map and statement by consent in cases based on documentary evidence of the existence of a right of way before 1949.
Part 2 of the Schedule inserts a new Schedule 13A in Part 3 of the 1981 Act, which sets out an amended procedure that applies in relation to the making and determination of applications to a local authority in England for a modification of a definitive map and statement.
Part 3 of the Schedule inserts a new Schedule 14A in Part 3 of the 1981 Act, which sets out an amended procedure that applies in relation to the making and confirmation of orders making modifications of a definitive map and statement.
Part 4 of the Schedule amends Schedule 6 to the Highways Act 1980 so as to make changes to the procedure for the making and confirmation of public path creation orders and certain other orders relating to public paths in England.
Part 5 of the Schedule makes amendments that are consequential on the other Parts.
The Secretary of State may by regulations make provision for an amendment made by paragraph 5 of Part 1 or by Part 2 or 3 of Schedule 7 to apply, in relation to applications for an order under section 53(2) of the 1981 Act that are made before the amendment comes into force, with modifications specified in the regulations.
Regulations under subsection (7) may make different provision for different purposes.
Regulations under subsection (7) must be made by statutory instrument.
A statutory instrument containing regulations under subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament.
In the Public Statues (Metropolis) Act 1854, omit section 5 (which requires the consent of the Secretary of State to the erection of public statues in London).
Housing and development
The Housing Act 1985 is amended as follows.
In section 119 (which sets out the qualifying period for the right to buy), before subsection (1) insert—
In subsection (1), at the beginning insert “ In the application of this Part to Wales, ”.
In subsection (2), after “subsection” insert “ (A1) or ”.
Section 87 of the Local Government Act 2003 (which confers power on the Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, to require local housing authorities to have housing strategies and to prepare housing statements) ceases to have effect in relation to England.
Accordingly, that section is amended as follows.
In subsection (1)—
in the opening words, for “The appropriate person” substitute “ The Welsh Ministers ”;
in paragraph (a)—
after “a local housing authority” insert “ in Wales ”;
for “the appropriate person” substitute “ the Welsh Ministers ”.
In subsection (2)—
for “The appropriate person” substitute “ The Welsh Ministers ”;
after “a local housing authority” insert “ in Wales ”;
for “the appropriate person” (in each place where it occurs) substitute “ the Welsh Ministers ”.
In subsection (3)—
in the opening words, for “The appropriate person” substitute “ The Welsh Ministers ”;
in paragraph (c), for “the appropriate person” substitute “ the Welsh Ministers ”.
In consequence of the amendments made by this section to section 87 of the 2003 Act—
in section 88(2) of that Act, in paragraph (a), after “an authority” insert “ in Wales ”;
in section 333D(3) of the Greater London Authority Act 1999, in the definition of “local housing strategy”—
omit paragraph (a);
in paragraph (b), omit “other”.
The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (S.I. 2007/797) is amended as follows.
In article 2 (prescribed information relating to tenancy deposits), after paragraph (2) insert—
After article 2 insert—
The amendments made by this section to the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (S.I. 2007/797) do not affect a power to use subordinate legislation to amend or revoke that Order.
In subsection (4), “subordinate legislation” has the same meaning as in the Interpretation Act 1978.
Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes) is amended as follows.
In section 214 (proceedings relating to tenancy deposits), in subsection (1), after “shorthold tenancy” insert“ on or after 6 April 2007 ”.
In section 215 (sanctions for non-compliance)—
for subsection (1) substitute—;
in subsection (2A), after “Subsections (1)” insert“ , (1A) ”.
In Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes), after section 215 insert—
Where a relevant notice is served in relation to a dwelling-house in England, a section 21 notice may not be given in relation to an assured shorthold tenancy of the dwelling-house—
within six months beginning with the day of service of the relevant notice, or
where the operation of the relevant notice has been suspended, within six months beginning with the day on which the suspension ends.
A section 21 notice given in relation to an assured shorthold tenancy of a dwelling-house in England is invalid where—
before the section 21 notice was given, the tenant made a complaint in writing to the landlord regarding the condition of the dwelling-house at the time of the complaint,
the landlord—
did not provide a response to the complaint within 14 days beginning with the day on which the complaint was given,
provided a response to the complaint that was not an adequate response, or
gave a section 21 notice in relation to the dwelling-house following the complaint,
the tenant then made a complaint to the relevant local housing authority about the same, or substantially the same, subject matter as the complaint to the landlord,
the relevant local housing authority served a relevant notice in relation to the dwelling-house in response to the complaint, and
if the section 21 notice was not given before the tenant's complaint to the local housing authority, it was given before the service of the relevant notice.
The reference in subsection (2) to an adequate response by the landlord is to a response in writing which—
provides a description of the action that the landlord proposes to take to address the complaint, and
sets out a reasonable timescale within which that action will be taken.
Subsection (2) applies despite the requirement in paragraph (a) for a complaint to be in writing not having been met where the tenant does not know the landlord's postal or e-mail address.
Subsection (2) applies despite the requirements in paragraphs (a) and (b) not having been met where the tenant made reasonable efforts to contact the landlord to complain about the condition of the dwelling-house but was unable to do so.
The court must strike out proceedings for an order for possession under section 21 of the Housing Act 1988 in relation to a dwelling-house in England if, before the order is made, the section 21 notice that would otherwise require the court to make an order for possession in relation to the dwelling-house has become invalid under subsection (2).
An order for possession of a dwelling-house in England made under section 21 of the Housing Act 1988 must not be set aside on the ground that a relevant notice was served in relation to the dwelling-house after the order for possession was made.
Subsection (1) does not apply where the section 21 notice is given after—
the relevant notice has been wholly revoked under section 16 of the Housing Act 2004 as a result of the notice having been served in error,
the relevant notice has been quashed under paragraph 15 of Schedule 1 to that Act,
a decision of the relevant local housing authority to refuse to revoke the relevant notice has been reversed under paragraph 18 of Schedule 1 to that Act, or
a decision of the relevant local housing authority to take the action to which the relevant notice relates has been reversed under section 45 of that Act.
Subsection (2) does not apply where the operation of the relevant notice has been suspended.
References in this section and section 34 to a relevant notice served, or complaint made, in relation to a dwelling-house include a relevant notice served, or complaint made, in relation to any common parts of the building of which the dwelling-house forms a part.
But subsection (10) applies only if—
the landlord has a controlling interest in the common parts in question, and
the condition of those common parts is such as to affect the tenant's enjoyment of the dwelling-house or of any common parts which the tenant is entitled to use.
In this section and section 34 a reference to a complaint to a landlord includes a complaint made to a person acting on behalf of the landlord in relation to the tenancy.
In this section and section 34—“assured shorthold tenancy” means a tenancy within section 19A or 20 of the Housing Act 1988;“common parts”, in relation to a building, includes—the structure and exterior of the building, and common facilities provided (whether or not in the building) for persons who include one or more of the occupiers of the building;“controlling interest” means an interest which is such as to entitle the landlord to decide whether action is taken in relation to a complaint within this section or a relevant notice;“dwelling-house” has the meaning given by section 45 of the Housing Act 1988;“relevant local housing authority”, in relation to a dwelling-house, means the local housing authority as defined in section 261(2) and (3) of the Housing Act 2004 within whose area the dwelling-house is located;“relevant notice” means—a notice served under section 11 of the Housing Act 2004 (improvement notices relating to category 1 hazards), a notice served under section 12 of that Act (improvement notices relating to category 2 hazards), or a notice served under section 40(7) of that Act (emergency remedial action);“section 21 notice” means a notice given under section 21(1)(b) or (4)(a) of the Housing Act 1988 (recovery of possession on termination of shorthold tenancy).
Subsections (1) and (2) of section 33 do not apply where the condition of the dwelling-house or common parts that gave rise to the service of the relevant notice is due to a breach by the tenant of—
the duty to use the dwelling-house in a tenant-like manner, or
an express term of the tenancy to the same effect.
For the purposes of subsection (2), a dwelling-house is not genuinely on the market for sale if, in particular, the landlord intends to sell the landlord's interest in the dwelling-house to—
a person associated with the landlord,
a business partner of the landlord,
a person associated with a business partner of the landlord, or
a business partner of a person associated with the landlord.
In subsection (3), references to a person who is associated with another person are to be read in accordance with section 178 of the Housing Act 1996.
For the purposes of subsection (3), a business partner of a person (“P”) is a person who is—
a director, secretary or other officer of a company of which P is also a director, secretary or other officer,
a director, secretary or other officer of a company in which P has a shareholding or other financial interest,
a person who has a shareholding or other financial interest in a company of which P is a director, secretary or other officer,
an employee of P,
a person by whom P is employed, or
a partner of a partnership of which P is also a partner.
Subsections (1) and (2) of section 33 do not apply where the landlord is a private registered provider of social housing.
Subsections (1) and (2) of section 33 do not apply where—
the dwelling-house is subject to a mortgage granted before the beginning of the tenancy,
the mortgagee is entitled to exercise a power of sale conferred on the mortgagee by the mortgage or by section 101 of the Law of Property Act 1925, and
at the time the section 21 notice is given the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power.
In subsection (7)—
“mortgage” includes a charge, and
“mortgagee” includes a receiver appointed by the mortgagee under the terms of the mortgage or in accordance with the Law of Property Act 1925.
In section 21 of the Housing Act 1988 (recovery of possession on termination of shorthold tenancy), after subsection (4) insert—
Section 21 of the Housing Act 1988 is amended as follows.
After subsection (4A) insert—
In subsection (6), for “subsection” substitute“ subsections (4B)(b) and ”.
In section 21 of the Housing Act 1988, after subsection (7) insert—
After section 21 of the Housing Act 1988 insert—
After section 21A of the Housing Act 1988 insert—
After section 21B of the Housing Act 1988 insert—
Subject to subsection (3), a provision of sections 33 to 40 does not apply to an assured shorthold tenancy that came into being under section 5(2) of the Housing Act 1988 after the commencement of that provision and on the coming to an end of an assured shorthold tenancy that was granted before the commencement of that provision.
which is in existence at that time, and
to which that provision does not otherwise apply by virtue of subsection (1) or (2).
After section 2A of the Building Act 1984 insert—
In the Planning and Energy Act 2008, in section 1 (energy policies), after subsection (1) insert—
The Greater London Council (General Powers) Act 1973 is amended as follows.
In section 25 (provision of temporary sleeping accommodation to constitute material change of use), after subsection (1) insert—
After section 25 insert—
After section 25A (inserted by subsection (3) above) insert—
The Secretary of State may by regulations made by statutory instrument provide that section 25(1) of the Greater London Council (General Powers) Act 1973 does not apply if conditions specified by the regulations are met.
Regulations under subsection (1) must include provision corresponding to section 25B of that Act.
Regulations under this section may amend the Greater London Council (General Powers) Act 1973.
Regulations under this section may—
make different provision for different purposes;
include incidental, supplementary, consequential, transitional, transitory or saving provision.
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
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In the Housing Act 1996, after section 220 insert—
Transport
In Part 2 of the Transport Act 1968 (integrated transport areas and passenger transport areas), in section 10(1) (general powers of Executive)—
before paragraph (ii) insert—;
in paragraph (ii), for “other form of land transport” substitute “ form of land transport other than road or railway ”.
Schedule 8 contains—
amendments in consequence of subsection (1), and
further amendments in connection with the provision of passenger rail services.
Section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed limits), as substituted by section 19 of the Road Safety Act 2006, is amended in accordance with subsections (2) and (3).
In subsection (1)—
in paragraph (a), omit “, for ambulance purposes”;
after paragraph (a) insert—;
in paragraph (c), after “paragraph (a)” insert “ , (aa) ”.
After subsection (1) insert—
After subsection (1) insert—
Schedule 9 makes further amendments to road traffic legislation in connection with the use of vehicles in the provision of an emergency response by the NHS.
Schedule 10 makes provision about the following matters—
the duration of driving licences to be granted to drivers with relevant or prospective disabilities;
permit schemes;
road humps;
pedestrian crossings;
off-road motoring events;
testing of vehicles;
rail vehicle accessibility regulations: exemption orders.
Schedule 11 makes provision about the following matters—
drink and drug driving offences;
bus lane contraventions.
Part 6 of the Traffic Management Act 2004 (civil enforcement of traffic contraventions) is amended as follows.
After section 78 (notification of penalty charge) insert—
After section 87 insert—
The Railways and Transport Safety Act 2003 is amended as follows.
In section 14 (extent of Part 1: investigation of railway accidents by Rail Accident Investigation Branch), omit subsection (2) (which prevents the Part from applying to tramways in Scotland).
In consequence of subsection (2), omit section 1(3).
In section 269(1) of the Merchant Shipping Act 1995 (power to order re-hearing of investigation into marine accident and duty to do so in certain cases)—
omit paragraph (a) (duty to order re-hearing where new and important evidence discovered), and the “or” following it;
in paragraph (b), omit “other”.
Communications
The environment etc
In the Climate Change and Sustainable Energy Act 2006, omit the following—
section 3 (which imposes a duty on local authorities to have regard to energy measure reports published by the Secretary of State);
section 10 (which confers functions on the Secretary of State with respect to the review of development orders to facilitate the installation in dwelling-houses of equipment etc for microgeneration);
section 12 (which is spent);
section 21 (which imposes a duty on the Secretary of State with respect to promoting the use of heat produced from renewable sources).
Section 14 of that Act (which confers functions on the Secretary of State and Welsh Ministers with respect to the laying of reports before Parliament or (as the case may be) the National Assembly for Wales about steps taken to secure greater compliance with building regulations made for energy conservation related purposes etc) ceases to apply in relation to England.
In consequence of subsection (1)—
in the Taxation of Chargeable Gains Act 1992, in section 263AZA(2), for the definition of “microgeneration system” substitute—;
in the Income Tax (Trading and Other Income) Act 2005, in section 782A(2), for the definition of “microgeneration system” substitute—
In consequence of subsection (1)—
in the Sustainable Energy Act 2003, omit section 1(1A)(bb);
in the Climate Change Act 2008, omit section 81(3);
in the Energy Act 2008, omit section 87(2).
The repeal made by subsection (1)(c) does not affect the operation of section 33(1)(c) of the Utilities Act 2000 in relation to times after the repeal comes into force; and, accordingly, modifications of standard conditions made under section 7 of the Climate Change and Sustainable Energy Act 2006 before the day on which the repeal comes into force continue to have effect on or after that day for the purposes of section 33(1) of that Act of 2000.
Part 2 of the Environmental Protection Act 1990 (waste on land) is amended in accordance with subsections (2) to (5).
In section 46 (receptacles for household waste), in subsection (6) (offence of failing to comply with requirements relating to receptacles), after “requirements imposed” insert “ by a waste collection authority in Scotland or Wales ”.
After section 46 insert—
In consequence of subsection (2), in section 47ZB(2)(b) (amount of fixed penalty for offence)—
omit sub-paragraph (i), and the “and” following it;
in sub-paragraph (ii), omit “in any other case,”.
In section 73A (use of fixed penalty receipts), in subsection (2) (power for waste collection authority to use fixed penalty receipts for purposes of its functions under Part 2 and other functions specified in regulations), after “34A” insert “ , 46A ”.
Schedule 12 makes amendments to the London Local Authorities Act 2007 that correspond to those made by subsection (3).
Schedule 13 makes provision about the following matters—
destructive imported animals;
the Farriers Registration Council;
joint waste authorities;
air quality assessments;
noise abatement zones.
Regulation of child trust funds
The Child Trust Funds Act 2004 is amended as follows.
In section 3 (requirements to be satisfied in relation to child trust funds), in subsection (10) (which provides for the making of regulations authorising the Official Solicitor or, in Scotland, the Accountant of Court to manage child trust funds) for the words from “is to be” to the end of the subsection substitute “ is to be a person appointed by the Treasury or by the Secretary of State. ”
In that section, after subsection (11) insert—
In section 16 (information about children in care of authority), in subsection (1)—
at the end of paragraph (a) (before “, or”), insert “ or by a person appointed under regulations under section 3(10) ”;
in paragraph (b), before “any information” insert “ or to such a person ”;
in the words following paragraph (b), before “may require” insert “ or (as the case may be) the person ”.
Section 3 of the Child Trust Funds Act 2004 (requirements to be satisfied) is amended as follows.
In subsection (6), for paragraphs (a) and (b) substitute—
In subsection (8), omit “under 16” (where it first occurs).
In subsection (10), omit “under 16”.
The Child Trust Funds Act 2004 is amended as follows.
After section 7 insert—
After section 7A (as inserted by subsection (2)) insert—
In section 3 (requirements to be satisfied), in subsection (4)(d), after “regulations” insert “ under this section or any other provision of this Act ”.
In section 20 (penalties), in subsection (7)(b), after “7” insert “ , 7A, 7B ”.
Education and training
The office of the Chief Executive of Skills Funding (established by Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009) is abolished.
The property, rights and liabilities of the Chief Executive of Skills Funding are transferred to the Secretary of State.
Schedule 14 makes amendments to Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 in consequence of the abolition of the office of the Chief Executive of Skills Funding.
Schedule 15 makes provision for the reduction of burdens in the further and higher education sectors.
Section 19 of the Education Act 1997 (which confers power on the Secretary of State and Welsh Ministers to make regulations requiring governing bodies of maintained schools to set school performance targets) ceases to have effect in relation to schools in England.
Accordingly, in subsection (1) of that section—
for “The Secretary of State” substitute “ The Welsh Ministers ”;
for “the Secretary of State considers” substitute “ the Welsh Ministers consider ”;
after “maintained schools” insert “ in Wales ”.
Omit section 102 of the Education Act 2005 (which confers power on the Secretary of State to make regulations requiring local authorities in England to set annual targets in respect of educational performance at schools maintained by them etc).
In consequence of subsection (3), omit section 122(3)(c) of that Act of 2005.
Schedule 16 makes further provision for the reduction of burdens relating to schools in England.
Alcohol, sport and entertainment
In section 2 of the Licensing Act 2003 (authorisation for licensable activities etc), after subsection (1) insert—
After Part 5 of that Act, insert the Part set out in Schedule 17 to this Act.
In section 136 of that Act (unauthorised licensable activities), at the end of subsection (5) insert—
In section 140 of that Act (allowing disorderly conduct on licensed premises etc)—
omit the “and” before subsection (2)(d);
after that paragraph insert
In section 141 of that Act (sale of alcohol to a person who is drunk)—
omit the “and” before subsection (2)(d);
after that paragraph insert;
in subsection (3), after “This section” insert “ (except subsection (2)(e)) ”.
In section 143 of that Act (failure to leave licensed premises etc)—
omit the “and” before subsection (2)(d);
after that paragraph insert
In section 144 of that Act (keeping of smuggled goods)—
omit the “and” before subsection (2)(d);
after that paragraph insert
In section 147A of that Act (persistently selling alcohol to children)—
in subsection (1)(b), for the words from “either” to “Part 5” substitute “ licensed premises, premises authorised to be used for a permitted temporary activity by virtue of Part 5 or premises specified in a Part 5A notice ”;
in subsection (4), after paragraph (b) insert
In section 153 of that Act (prohibition of unsupervised sales by children)—
omit the “and” before subsection (4)(c);
after that paragraph insert
In section 159 of that Act (interpretation of Part 7), at the end of the definition of “relevant premises” insert.
In section 194 of that Act (index of defined expressions) insert the following entries at the appropriate places—.
In section 197 of that Act (regulations and orders)—
in subsection (3) (which lists exceptions to the use of the negative procedure), after paragraph (c) insert—;
in subsection (4) (which specifies when the affirmative procedure is required)—
after “or (g)” insert “ or regulations within subsection (3)(cza) ”;
after “the order” insert “ or regulations ”.
In section 107 of the Licensing Act 2003 (counter notice where permitted limits exceeded), in subsection (4) (maximum number of events per year), for “12” substitute “ 15 ”.
The amendment made by this section has effect for the year 2016 and subsequent years.
In section 115 of the Licensing Act 2003 (period of validity of personal licence), in subsection (1), for the words after “A personal licence” substitute “ has effect indefinitely. ”
The amendment made by subsection (1), and the consequential amendments made by Schedule 18, apply in relation to—
a personal licence granted under section 120 of the Licensing Act 2003 on or after the day on which this section comes into force;
a personal licence granted under section 120 of that Act before that day, or renewed under section 121 of that Act before that day, for a period expiring on or after that day.
Accordingly, any term in a personal licence granted as mentioned in subsection (2)(b) which provides for it to have effect only for a particular period has no effect on or after the day on which this section comes into force.
Section 148 of the Licensing Act 2003 (sale of liqueur confectionery to children under 16) is repealed.
Schedule 2 to the Licensing Act 2003 (provision of late night refreshment) is amended as follows.
In paragraph 1(1) (definition of “provides late night refreshment”), in the words after paragraph (b), after “paragraph” insert “ 2A, ”.
After paragraph 2 insert—
In the Licensing Act 2003, omit the following provisions (which impose requirements for the loss or theft of certain documents to be reported to the police before copies may be issued)—
in section 25 (premises licence or summary), subsection (3)(b), and the “and” before it;
in section 79 (club premises certificate or summary), subsection (3)(b), and the “and” before it;
in section 110 (temporary event notice), subsection (4)(b), and the “and” before it;
in section 126 (theft, loss, etc of personal licence), subsection (3)(b), and the “and” before it.
The Road Traffic Act 1988 is amended as follows.
In section 12 (motor racing on public ways), after subsection (1) insert—
After section 12 insert—
Section 16A of the Road Traffic Regulation Act 1984 (which allows a traffic authority to impose by order restrictions or temporary prohibitions on the use of roads in connection with certain events) is amended as follows.
In subsection (4), in paragraph (a), after “(motor racing on public ways)” insert “ unless a motor race order under section 12D of that Act is made in relation to the race or trial or it is authorised by or under regulations under section 12G of that Act ”.
After subsection (11) insert—
The Road Traffic Act 1988 is amended in accordance with subsections (2) to (5).
For the italic cross-heading before section 12 substitute “ Motor racing on public ways ”.
Before section 13 insert the italic cross-heading “ Other motor events ”.
In section 193A (tramcars and trolley vehicles), after subsection (3) insert—
In section 195 (provisions as to regulations), after subsection (5) insert—
The Secretary of State may by regulations made by statutory instrument repeal any local Act passed before this Act which makes provision for authorising races or trials of speed between motor vehicles on highways in England and Wales (and, for this purpose, “highway” has the same meaning as in the Road Traffic Act 1988).
Regulations under subsection (6) may include transitional, transitory or saving provision.
Before making regulations under subsection (6), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
A statutory instrument containing regulations under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.
The Scottish Ministers may by regulations repeal any local Act passed before this Act which makes provision for authorising races or trials of speed between motor vehicles on public roads in Scotland (and, for this purpose, “public road” has the same meaning as in the Road Traffic Act 1988).
Regulations under subsection (10) may include transitional, transitory or saving provision.
Before making regulations under subsection (10), the Scottish Ministers must consult such persons as they consider appropriate.
Regulations under subsection (10) are subject to the negative procedure.
In the Licensing Act 2003, in Schedule 1 (provision of regulated entertainment), in Part 2 (exemptions), after paragraph 6 insert—
The Secretary of State must carry out a review of the sanctions that are appropriate in respect of contraventions of section 363 of the Communications Act 2003 (licence required for installation or use of television receiver).
A review under subsection (1) must—
examine proposals for decriminalisation of offences under section 363 of the Communications Act 2003;
begin before the end of the period of 3 months beginning with the day on which this Act is passed;
be completed no later than 12 months after the day on which it begins; and
be laid before both Houses of Parliament by the Secretary of State on completion and be presented to the BBC Trust.
The Secretary of State must, before the end of the period of 3 months beginning with the day on which the review is completed, lay before both Houses of Parliament a report setting out the Secretary of State's response to the review which must include—
if the Secretary of State proposes to do so, an outline of the steps that the Secretary of State proposes to take in consequence and when those steps will be taken.
The Secretary of State may by regulations made by statutory instrument—
replace the TV licensing offences with civil monetary penalties payable to the BBC, or
amend Part 3 of the Regulatory Enforcement and Sanctions Act 2008 so as to enable an order to be made under section 36 of that Act conferring power on the BBC to impose in relation to a TV licensing offence—
a fixed monetary penalty (within the meaning of that Part);
a variable monetary penalty (within the meaning of that Part).
Regulations under subsection (1)(a) may provide for the amount of a monetary penalty to be—
a fixed amount specified in, or determined in accordance with, the regulations, or
such amount, not exceeding a maximum amount specified in the regulations, as may be determined by a body so specified.
Regulations under subsection (1)(a) must—
make provision as to the steps that must be taken before a monetary penalty is imposed;
make provision conferring rights to appeal against the imposition of a monetary penalty.
Regulations under subsection (1)(a) may make provision corresponding to any provision that could be included in an order under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 by virtue of section 52 of that Act (early payment discounts, late payment and enforcement).
Regulations under subsection (1)(a) may—
confer powers to obtain information for the purpose of determining whether to impose a monetary penalty;
confer powers of entry, search or seizure for that purpose.
Regulations under subsection (1)(a) may repeal or otherwise amend any provision of Part 4 of the Communications Act 2003.
Any sums received by the BBC by virtue of regulations under this section must be paid into the Consolidated Fund.
Regulations under this section may include—and any such provision may be made by repealing, revoking or otherwise amending or modifying legislation.
consequential provision, or
transitional, transitory or saving provision,
Regulations under this section may make different provision for different purposes or areas.
A statutory instrument containing regulations under this section may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.
Regulations under subsection (1) may not be made so as to come into force before 1 April 2017.
Unless the power conferred by subsection (1) is exercised before the end of the period of 24 months beginning with the day on which the review required by section 77 is completed, this section expires at the end of that period.
“The TV licensing offences” are—
the offence under section 363(2) of the Communications Act 2003 (installing or using a television receiver without a licence), and
the offence under section 363(3) of that Act (having a receiver in a person's possession intending to install or use it without a licence etc).
In this section—“the BBC” means the British Broadcasting Corporation;“legislation” means—an Act or subordinate legislation (within the meaning of the Interpretation Act 1978); an Act of the Scottish Parliament or an instrument made under an Act of the Scottish Parliament; a Measure or Act of the National Assembly for Wales or an instrument made under a Measure or Act of that Assembly; and Northern Ireland legislation or an instrument made under Northern Ireland legislation.
Administration of justice
In section 15A of the Social Security Act 1998 (functions of Senior President of Tribunals), omit subsections (2) and (3) (which require the preparation and publication of an annual report on standards of decision-making in the making of certain decisions of the Secretary of State against which an appeal lies to the First-tier Tribunal).
Section 9 of the Criminal Justice Act 1967 (proof by written statement) is amended as follows.
In subsection (2)(d) (objections to the tendering of written statements), for “within seven days from the service of the copy of the statement” substitute “ within the relevant period ”.
After subsection (2) insert—
Omit the following—
subsections (3) and (3A) (which make provision about the content of written statements etc);
subsection (6) (which provides for written statements to be read aloud unless the court otherwise directs);
subsection (8) (which deals with the service of documents).
In consequence of subsections (2) and (3), paragraph 10 of Schedule 4 to the Wireless Telegraphy Act 2006 is amended as follows—
after sub-paragraph (2) insert—;
in sub-paragraph (3)—
omit paragraph (a) and the “and” following it;
in the closing words, for “either of those sections” substitute “ that section ”;
after sub-paragraph (5) insert—;
in sub-paragraph (6)—
omit paragraph (a) and the “and” following it;
in the closing words, for “are to apply” substitute “ is to apply ”.
In consequence of subsection (4)—
in the Magistrates' Courts Act 1980, in section 12(3)(b)(ii), for “subsections (2)(a) and (b) and (3)” substitute “ subsection (2)(a) and (b) ”;
in the Road Traffic Offenders Act 1988, in section 79(4), for “subsection (8) of that section” substitute “ Criminal Procedure Rules ”;
in the Criminal Justice and Public Order Act 1994, in Schedule 9, omit paragraph 6(1);
in the Criminal Procedure and Investigations Act 1996, omit section 69.
Section 12 of the Magistrates' Courts Act 1980 (non-appearance of accused: plea of guilty) is amended as follows.
In subsection (7), after “shall” insert “ , subject to rules of court made under subsection (7ZA), ”.
After subsection (7) insert—
In the Administration of Justice (Miscellaneous Provisions) Act 1933, in section 2 (procedure for indictment of offenders)—
in subsection (6), for “Rules” substitute “ Criminal Procedure Rules ”;
omit subsection (6A).
In that section, in subsection (2), in paragraph (i) of the proviso, for “section 57D(1)” substitute “ section 51D(1) ”.
In the Police and Criminal Evidence Act 1984, in Schedule 1 (making of orders and issue of warrants in respect of excluded or special procedure material)—
in paragraph 7, after “paragraph 4 above” insert “ that relates to material that consists of or includes journalistic material ”;
in paragraph 8, for “such an order” substitute “ an order under paragraph 4 above that relates to material that consists of or includes journalistic material ”;
in paragraph 9, for “Such a notice” substitute “ Notice of an application for an order under paragraph 4 above that relates to material that consists of or includes journalistic material ”;
in paragraph 10, for “this Schedule” (in each place where it occurs) substitute “ paragraph 8 ”;
after paragraph 15 insert—
In the Terrorism Act 2000, in Part 1 of Schedule 5 (making of orders and issue of warrants in respect of obtaining information in terrorist investigations: England and Wales and Northern Ireland), in paragraph 11 (which deals with the issue of warrants in respect of excluded or special procedure material), after sub-paragraph (4) insert—
In the Criminal Justice and Police Act 2001, in section 59 (applications for the return of seized property etc), after subsection (12) insert—
In the Proceeds of Crime Act 2002, in section 352 (applications for search and seizure warrants), after subsection (7) insert—
Section 327 of the Criminal Justice Act 2003 (which makes provision about the offenders in respect of whom multi-agency public protection arrangements - sometimes referred to as “MAPPA arrangements” - must be made) is amended as follows.
In subsection (1), for “subsections (2) to (5)” substitute “ subsections (2) to (4) ”.
In subsection (3), in paragraph (a), after “Schedule 15” insert “ or in subsection (4A) below ”.
In subsection (4), in paragraph (a), after “Schedule 15” insert “ or in subsection (4A) below ”.
After subsection (4) insert—
Omit subsection (5).
In subsection (6), after “In this section” insert.
The Prison Act 1952 is amended as follows.
In section 37 (closing of prisons)—
in subsection (1)—
omit “Subject to the next following subsection,”;
omit “by order”;
omit subsections (2) and (3).
in the entry for “Young offender institutions”, in the second column, for “Sections 28 and 37(2)” substitute “ Section 28 ”;
in the entry for “Secure training centres or secure colleges”, in the second column, for “, 28 and 37(2)” substitute “ and 28 ”.
in subsection (5), for “sections 28 and 37(2)” substitute “ section 28 ”;
in subsection (5A), for “28 and 37(2) and (3)” substitute “ and 28 ”.
In section 52 (exercise of power to make orders, rules and regulations)—
in subsection (1), omit “, 37”;
in subsection (2), omit “or an order made under section thirty-seven of this Act,”.
The Commissioners for Her Majesty's Revenue and Customs may disclose information held by them—
to a person who is entitled to bring proceedings under the fatal accidents legislation or for whose benefit such proceedings may be brought, for use in connection with the proceedings or in reaching a settlement without the need to bring proceedings;
to a person who is entitled to bring proceedings for damages for personal injury for the benefit of the estate of a deceased person, for use in connection with the proceedings or in reaching a settlement without the need to bring proceedings;
to a person who has made or who wishes to make an application for a payment under the Diffuse Mesothelioma Payment Scheme on the basis that he or she is eligible for such a payment under section 3 of the Mesothelioma Act 2014 (eligibility of dependants for payments under the Scheme), for use in connection with the application.
“The fatal accidents legislation” means—
the Fatal Accidents Act 1976;
the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18));
section 4 of the Damages (Scotland) Act 2011.
Section 32 of the Administration of Justice Act 1985 (provision of conveyancing services by recognised bodies) is amended as follows.
In the heading, after “conveyancing” insert “ or other ”.
In subsection (1)—
in paragraph (a), after “bodies” insert “ or CLC practitioner services bodies ”;
in paragraph (b), for “such bodies” substitute “ conveyancing services bodies ”;
in paragraph (b), for the words from “undertake” to the end substitute;
after paragraph (b) insert—;
in paragraph (ba), for the words from “bodies” to the end substitute;
in paragraph (c), after “requirements” insert “ , including requirements about the carrying on of activities which are not reserved legal activities, ”.
In subsection (3)(e), after “those bodies” insert “ (including information about disciplinary measures taken) ”.
In subsection (3C), after paragraph (a) insert—.
For subsection (8) substitute—
After subsection (8) insert—
After section 32A (definition of “conveyancing services body”) insert—
Section 53 of the Courts and Legal Services Act 1990 (the Council for Licensed Conveyancers: authorisation of individuals to carry on reserved legal activities) is amended as follows.
In subsection (2), omit “only if the person is a licensed conveyancer”.
In subsection (3)—
for “a licensed conveyancer” substitute “ a person ”;
for “the licensed conveyancer” substitute “ the person in respect of that activity ”.
In subsection (4), for “Any such” substitute “ If the person granted a licence under this section is a licensed conveyancer, the ”.
After subsection (4) insert—
In subsection (9)—
in the opening words, after “respect to” insert “ persons who apply for, or hold, an advocacy, litigation or probate licence and ”;
in paragraph (c), for “licensed conveyancer” substitute “ person ”;
after paragraph (d) insert—;
in the words following paragraph (f), after “respect to” insert “ persons who apply for, or hold, a licence under Part 2 of the Act of 1985 and ”.
After subsection (9) insert—
After subsection (10) insert—
In the italic heading preceding section 53, after “conveyancers” insert “ and licensed CLC practitioners ”.
Schedule 20 contains other amendments relating to the Council for Licensed Conveyancers.
Other measures to reduce burdens on public authorities
Schedule 21 introduces a common system for regulating the possession etc of non-medicinal poisons and explosives precursors.
The London Local Authorities Act 1990 is amended in accordance with subsections (2) and (3).
After section 30 insert—
In section 30—
omit subsections (11) and (12);
in the sidenote, after “Part III appeals” insert “ : refusal to grant a licence etc. ”.
Section 19 of the City of Westminster Act 1999 is amended as follows.
In subsection (1), for the words from “the Secretary of State” to the end of the subsection substitute “a magistrates' court acting for the area of the council”.
After subsection (2) insert—
For the sidenote substitute “Appeals to a magistrates' court”.
In section 15 of the Gangmasters (Licensing) Act 2004 (enforcement and compliance officers), after subsection (6) insert—
In the Care Standards Act 2000, omit section 4(10) (which provides for the Act to apply to a provider of social work services as it applies to an agency to which that Act applies).
In consequence of subsection (1)—
in that Act, omit—
section 5(1A)(f), and the “and” before it;
section 30A(6)(f);
section 121(4A);
in the Children and Young Persons Act 2008, omit section 4.
Schedule 1 to the Political Parties, Elections and Referendums Act 2000 (the Electoral Commission) is amended as follows.
Paragraph 15 (five-year plan) is amended as set out in subsections (3) and (4).
In sub-paragraph (1), after “paragraph 14” insert “ in respect of the first financial year to begin after the day on which Parliament meets for the first time following a parliamentary general election, ”.
After that sub-paragraph insert—
In paragraph 16 (annual examination of Commission by Comptroller and Auditor General), in sub-paragraph (1)—
after “paragraphs 14 and 15” insert “ in respect of any year when both an estimate under paragraph 14 and a five-year plan under paragraph 15 are submitted to them, ”;
for “in each year” substitute “ before the Committee consider the estimate and plan ”.
In the cross-heading preceding paragraph 16, for “Annual examination” substitute “ Examination ”.
Schedule 1 to the Local Democracy, Economic Development and Construction Act 2009 (Local Government Boundary Commission for England) is amended as follows.
In paragraph 5 (committees), for sub-paragraph (3) substitute—
Paragraph 12 (five-year plan) is amended as set out in subsections (4) and (5).
In sub-paragraph (1), after “paragraph 11” insert “ in respect of the first financial year to begin after the day on which Parliament meets for the first time following a parliamentary general election ”.
After that sub-paragraph insert—
In paragraph 13 (annual examination by Comptroller and Auditor General), in sub-paragraph (1)—
for “For the purposes of paragraphs 11 and 12” substitute “ For the purpose of assisting the Speaker's Committee to discharge their functions under paragraphs 11 and 12 in respect of any year when both an estimate under paragraph 11 and a five-year plan under paragraph 12 are submitted to them, ”;
for “in each year” substitute “ before the Committee consider the estimate and plan ”.
In the cross-heading preceding paragraph 13, for “Annual examination” substitute “ Examination ”.
The National Health Service Act 2006 is amended as follows.
In section 56A (acquisitions), after subsection (4) insert—
After section 56A insert—
In section 64 (orders and regulations under this Chapter)—
in subsection (4), before paragraph (c) insert—;
in subsection (4A), after “section” insert “ 56A(4A), ”.
In section 65LA (trusts to be dissolved), in subsection (3)(b), for the words following “trust” to the end substitute
In that section, in subsection (5), for “to an NHS foundation trust” substitute “ to an NHS body ”.
Section 36 of the Gas Act 1986 (keeping of register under Part 1 of that Act: gas supply) is amended in accordance with subsections (2) to (4).
In subsection (1) (duty on Authority to maintain register), omit “at such premises and”.
For subsection (4) substitute—
In consequence of the amendment made by subsection (3) of this section, in subsection (5), for “so made” substitute “ made by the Secretary of State ”.
Section 49 of the Electricity Act 1989 (keeping of register under Part 1 of that Act: electricity supply) is amended in accordance with subsections (6) to (8).
In subsection (1) (duty on Authority to maintain register), omit “at such premises and”.
For subsection (5) substitute—
In consequence of the amendment made by subsection (7) of this section, in subsection (6), for “so made” substitute “ made by the Secretary of State ”.
The Births and Deaths Registration Act 1953 is amended as follows.
After section 34 (entry in register as evidence of birth or death) insert—
In section 39 (regulations), in paragraph (a), for “and 10C” substitute “ , 10C and 34A ”.
In section 39A (regulations made by the Minister: further provisions), in subsection (5), for “and 10C” substitute “ , 10C and 34A ”.
After section 65 of the Marriage Act 1949 (searches of indexes kept by Registrar General) insert—
In section 36 of the Civil Partnership Act 2004 (regulations and orders), in subsection (2), after paragraph (f) insert—
In section 9 of the Marriage (Same Sex Couples) Act 2013 (conversion of civil partnership into marriage), in subsection (5), after paragraph (b) insert—.
In the Local Government Act 2000, omit section 4 (which requires local authorities in England to prepare sustainable community strategies).
In consequence of subsection (1), omit the following provisions—
in that Act of 2000, section 4A;
in the Planning and Compulsory Purchase Act 2004, section 19(2)(f) and (g) and (7);
in the Sustainable Communities Act 2007, section 7;
in the Housing and Regeneration Act 2008, section 126;
in the Child Poverty Act 2010, section 24;
in the Local Government (Wales) Measure 2009, in Schedule 2, paragraph 3.
In Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007—
in section 117—
omit the definitions of “designated target”, “local area agreement”, “local improvement target” and “revision proposal”;
in the definition of “responsible local authority” omit the words from “and “the responsible local authority”, in relation to a local area agreement” to the end of the definition;
omit section 118(1) and (2) (which make transitional provision in relation to local area agreements).
In consequence of subsection (1), in the heading of the Chapter, omit “Local Area Agreements and”.
Omit Part 7 of the Local Democracy, Economic Development and Construction Act 2009 (which makes provision for the approval by the Secretary of State of multi-area agreements prepared by local authorities in England and for the effect of such approval etc).
In consequence of subsection (1)—
in the Police Reform and Social Responsibility Act 2011, in Schedule 16, omit paragraph 377;
in the Education Act 2011, in Schedule 16, omit paragraph 45;
in the Health and Social Care Act 2012, in Schedule 5, omit paragraph 172.
In the Local Government Act 1999, omit section 3A (which makes provision for best value authorities to involve local representatives in the exercise of their functions).
In consequence of subsection (1)—
in the Local Government Act 1999, in section 28(2), omit “3A,”;
in the Local Government and Public Involvement in Health Act 2007, omit section 138;
in the Police Reform and Social Responsibility Act 2011, in Schedule 16, omit paragraph 243.
Schedule 22 makes provision for disapplying certain other requirements about consultation etc imposed on public bodies.
Legislative reform
A Minister of the Crown may by order made by statutory instrument—
replace a reference in legislation to the commencement of a provision with a reference to the actual date on which the provision comes into force;
replace a reference in legislation to the date on which any other event occurs with a reference to the actual date on which that event occurs.
An order under subsection (1) may amend the legislation to include an explanation of the date and may make other consequential amendments to legislation.
An order under this section may not amend subordinate legislation made by the Welsh Ministers or by the National Assembly for Wales constituted by the Government of Wales Act 1998.
An order under this section may not amend provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
An order under this section may not amend provision that would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, unless—
a Bill for an Act of that Assembly containing the provision would require the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998, and
the provision does not affect, other than incidentally, a transferred matter (within the meaning of that Act).
In this section—“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;“legislation” means an Act or subordinate legislation;“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
Any provision that may be made by order, regulations or rules made by statutory instrument may be made by any other of those forms of legislation made by statutory instrument.
Subsection (1) does not affect the procedure for making the instrument.
A reference in any enactment or other instrument to an order, regulations or rules under an enactment (however expressed) includes a reference to provision made under it because of subsection (1).
Subsection (1) does not apply in relation to any power of the Welsh Ministers to make provision by statutory instrument.
After section 306 of the Merchant Shipping Act 1995 insert—
Legislation no longer of practical use
Schedule 23 makes provision for legislation which is no longer of practical use to cease to apply.
Exercise of regulatory functions
A person exercising a regulatory function to which this section applies must, in the exercise of the function, have regard to the desirability of promoting economic growth.
In performing the duty under subsection (1), the person must, in particular, consider the importance for the promotion of economic growth of exercising the regulatory function in a way which ensures that—
regulatory action is taken only when it is needed, and
any action taken is proportionate.
A Minister of the Crown may by order specify the regulatory functions to which section 108 applies.
Before making an order under subsection (1), the Minister must consult—
any person exercising functions to be specified in the order, and
such other persons as the Minister considers appropriate.
An order under this section may not specify—
a regulatory function so far as exercisable in Scotland, if or to the extent that the function relates to matters which are not reserved matters;
a regulatory function so far as exercisable in Northern Ireland, if or to the extent that the function relates to matters which are transferred matters;
a regulatory function so far as exercisable in Wales, if or to the extent that the function could be conferred by provision falling within the legislative competence of the National Assembly for Wales.
An order under this section must be made by statutory instrument.
A statutory instrument containing an order under this section may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.
In this section—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“reserved matter” and “Scotland” have the same meanings as in the Scotland Act 1998;“transferred matter” and “Northern Ireland” have the same meanings as in the Northern Ireland Act 1998;“Wales” has the same meaning as in the Government of Wales Act 2006.
A Minister of the Crown may from time to time issue guidance as to the performance of the duty under section 108(1).
The guidance may include guidance—
as to the ways in which regulatory functions may be exercised so as to promote economic growth;
as to how persons who have the duty may demonstrate, in a way that is transparent and accountable, that they are complying with it.
A person who has a duty under section 108(1) must have regard to any guidance issued under subsection (1).
Before issuing guidance under subsection (1), the Minister must prepare a draft of the guidance.
The Minister must then consult the following about the draft—
persons who appear to be representative of persons who have a duty under section 108;
such other persons as the Minister considers appropriate.
If the Minister decides to proceed with issuing the guidance (either in its original form or with modifications), the Minister must lay the draft before Parliament.
Where the draft is approved by a resolution of each House of Parliament, the Minister may issue the guidance.
Guidance issued under subsection (1) is to come into force on such date as the Minister may by order made by statutory instrument appoint.
a function under or by virtue of an Act or subordinate legislation of imposing requirements, restrictions or conditions, or setting standards or giving guidance, in relation to an activity, or
a function which relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions, standards or guidance which, under or by virtue of an Act or subordinate legislation, relate to an activity.
In subsection (1)(a) and (b) the references to a function—
include a function exercisable by or on behalf of the Crown;
do not include—
a function of instituting or conducting criminal proceedings;
a function of conducting civil proceedings.
In subsection (1)(a) and (b) the references to an activity include—
providing goods and services, and
employing or offering employment to a person.
In this section, “subordinate legislation” has the same meaning as in the Interpretation Act 1978.
General
The Secretary of State may by order made by statutory instrument make such provision as the Secretary of State considers appropriate in consequence of this Act.
An order under subsection (1)—
may include transitional, transitory or saving provision;
may repeal, revoke or otherwise amend or modify any provision of primary or subordinate legislation (including legislation passed or made in the same Session as this Act).
A statutory instrument containing (whether alone or with other provision) an order under this section which repeals, revokes or otherwise amends or modifies any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing an order under this section which does not repeal, revoke or otherwise amend or modify any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—“primary legislation” means—an Act; an Act of the Scottish Parliament; a Measure or Act of the National Assembly for Wales; Northern Ireland legislation;“subordinate legislation” means—subordinate legislation within the meaning of the Interpretation Act 1978; an instrument made under an Act of the Scottish Parliament; an instrument made under a Measure or Act of the National Assembly for Wales; an instrument made under Northern Ireland legislation.
There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.
Except as provided by subsections (2) and (3), a repeal, revocation or other amendment or modification made by this Act has the same extent as the provision repealed, revoked or otherwise amended or modified.
Her Majesty may by Order in Council provide for any of the provisions of section 78 to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.
The following provisions come into force on the day on which this Act is passed—
section 42;
section 85;
The following provisions also come into force on the day on which this Act is passed but only so far as is necessary for enabling the exercise on or after that day of any power to make provision by an order or regulations made by statutory instrument—
section 1;
section 53;
The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
section 16;
section 79;
in Schedule 6, paragraph 5 and Parts 7 and 8;
in Schedule 10, Parts 1, 4 and 5;
in Schedule 11, Part 2;
in Schedule 13, Parts 1, 2 and 4;
Schedule 23 other than paragraphs 35, 36 and 41 of that Schedule.
Where a provision of a Schedule comes into force in accordance with subsection (3)(n) to (r) or (4), the section to which that Schedule relates comes into force (so far as relating to that provision) at the same time.
The following provisions come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint—
Except as provided by subsections (1) to (6), the provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
The Secretary of State may by order made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act (other than transitional, transitory or saving provision that the Welsh Ministers have power to make under subsection (8)).
Any power to make an order under subsections (4) and (6) to (10) includes power to make different provision for different purposes.
This Act may be cited as the Deregulation Act 2015.
Approved English apprenticeships
Main amendments
In Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeships, study and training), before Chapter 1 insert—
Section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 (provision of financial resources) is amended as follows.
In subsection (1), after “financial resources” insert “ under this subsection ”.
After subsection (1) insert—
In subsection (3), after “subsection (1)” insert “ or (1A) ”.
In subsection (4), after “subsection (1)(c)” insert “ or (1A) ”.
Section 101 of that Act (financial resources: conditions) is amended as follows.
In subsection (2)—
after “may” insert “ (among other things) ”;
omit paragraph (b).
Omit subsections (4) and (5).
Consequential amendments
In consequence of the amendments made by Part 1 of this Schedule, the Apprenticeships, Skills, Children and Learning Act 2009 is further amended as follows.
Amendments of Part 1
For the title of Chapter 1, substitute “ Apprenticeships: Wales ”.
Omit section 1, and the italic cross-heading before it.
In section 11—
in subsection (2), for “the appropriate national authority” substitute “ the Welsh Ministers ”;
omit subsection (3);
in the italic cross-heading before that section, omit “England and”.
In section 12—
omit subsection (3);
in the italic cross-heading before that section, omit “England and”.
In the italic cross-heading before section 32, omit “England and”.
In section 32, omit subsection (6)(a), and the “or” following it.
In section 38—
in subsection (1), for “The Secretary of State” substitute “ The Welsh Ministers ”;
in subsection (2), for “the Secretary of State” substitute “ the Welsh Ministers ”.
In section 39, in subsection (1)—
in the definition of “apprenticeship certificate”, omit “3, 4,”;
omit the definitions of “English certifying authority”, “English issuing authority”, “recognised English framework” and “the specification of apprenticeship standards for England”.
Other amendments of the 2009 Act
In section 83, in subsection (5), for paragraphs (a) to (c) substitute—
In section 83A—
in subsection (3), for the words from “opportunity to” to the end of the subsection substitute “ opportunity to enter into an approved English apprenticeship. ”;
omit subsection (11).
Section 83B is amended as follows.
In subsection (1), for the words from “at a particular level” to the end of the subsection substitute “for the purpose of assisting a person to achieve a particular approved apprenticeship standard if the person—
has already completed an approved English apprenticeship by achieving that standard,
has already completed an approved English apprenticeship by achieving another standard and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work), or
has worked under another arrangement and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work).”
After that subsection insert—
Omit subsections (2) to (5).
In section 90, in subsection (2), for paragraphs (a) and (b) substitute—
Omit section 105.
In section 121, in subsection (1)—
omit the definition of “apprenticeship agreement”;
after the definition of “apprenticeship training” insert—.
In section 267, in subsection (2), for “Chapter 1” substitute “ Chapter A1 ”.
Apprenticeships: Wales
Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.
Section 18 (Welsh issuing authority) is amended as follows.
For subsection (2) substitute—
For subsection (5) substitute—
In section 19 (issue: Wales), in subsection (2)—
after “withdrawn” insert “ by the Welsh issuing authority ”;
omit paragraphs (a) and (b).
Section 20 (recognised Welsh frameworks: notification and publication) is amended as follows.
In subsection (1)(b), at the beginning insert “ if the issuing authority is not the Welsh Ministers, ”.
In subsection (3)—
for “A person who” substitute “ A Welsh issuing authority which ”;
in paragraph (b), for “in the case of withdrawal otherwise than by the Welsh Ministers,” substitute “ in the case where the issuing authority are not the Welsh Ministers, ”.
Transitional provision
The provision that may be included in an order under section 115(9) in connection with the coming into force of paragraph 1 of this Schedule includes provision—
for work done by a person under an arrangement described in the order to be treated as work done under an approved English apprenticeship within the meaning of the Apprenticeships, Skills, Children and Learning Act 2009, where the person begins to work under the arrangement before the paragraph comes into force and continues to do so (for any period) afterwards;
for a standard published by the Secretary of State before the paragraph comes into force, in connection with work that by virtue of provision made under paragraph (a) is treated as work done under an approved English apprenticeship, to be treated as if it were an approved apprenticeship standard published under section A2 of the 2009 Act in relation to the approved English apprenticeship.
Driving instructors
Amendments of Part 5 RTA 1988 (as amended by RSA 2006)
Part 5 of the Road Traffic Act 1988 (driving instruction), as amended by Schedule 6 to the Road Safety Act 2006, is amended as follows.
In section 124 (exemption from prohibitions imposed by section 123)—
in subsection (3), for “in particular, consist of” substitute;
after subsection (5) insert—
Section 125 (register) is amended as follows.
After subsection (3) insert—
After subsection (5) insert—
Omit subsection (6).
Section 125ZA (conditions of registration) is amended as follows.
In subsection (2)—
omit the “and” at the end of paragraph (b);
after paragraph (c) insert
In subsection (4)—
after paragraph (b) insert—;
in paragraph (c), for “and (c)” substitute “ , (c) and (d) ”;
omit the “and” at the end of paragraph (c);
after paragraph (c) insert—.
Omit sections 125A and 125B (registration of disabled persons and supplementary provision).
In section 126 (duration of registration), omit subsection (5).
In section 127 (extension of duration of registration), in subsection (4)—
omit paragraph (a) and the “and” following it;
in paragraph (b), omit “in any other case,”.
In section 128 (termination of registration by Registrar), in subsection (2)—
omit paragraph (a) and the “and” following it;
in paragraph (b), omit “in any other case,”.
After section 128A insert—
In section 133 (review of examinations etc)—
in subsection (2)(a), omit “or 125A(6)(a)”;
in subsection (2)(b), omit “or 125A(7A)(a)”.
Section 133A (assessment of ability to control a motor car in an emergency) is amended as follows.
In subsection (2)—
in paragraph (a), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”;
in paragraph (b), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”;
in the closing words, for “an appropriate” substitute “ a ”.
In subsection (6)—
in paragraph (a), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”;
in paragraph (b), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”.
In subsection (7)(a), omit “covered by his disabled person's limited driving licence”.
After subsection (9) insert—
In the heading, omit “disabled person's”.
In the italic cross-heading before section 133A omit “Disabled Persons:”.
Section 133B (further assessments) is amended as follows.
Omit subsection (1).
After subsection (2) insert—
Omit subsection (3).
In subsection (4), for “subsection (1) above” substitute “ subsection (5A) ”.
After subsection (5) insert—
In section 133C (duty to disclose further disability), in subsection (2)—
in the opening words, omit “disabled”;
in paragraph (a), for “125A(3)” substitute “ 125(3A) ”.
Section 133D (offences relating to giving of paid driving instruction) is amended as follows.
Before subsection (2) insert—
In subsections (2) and (3), for “registered disabled instructor” substitute “ registered instructor to whom this section applies ”.
After subsection (3) insert—
In subsection (4), in the opening words, for “registered disabled instructor” substitute “ registered instructor to whom this section applies ”.
In the heading, omit “by disabled person”.
In section 142 (index to Part 5), in the index—
omit the following expressions and the corresponding relevant provisions—“Appropriate motor vehicle”;“Disabled person's limited driving licence”;“Registered disabled instructor”;
in the entry for the expressions “disability, prospective disability and relevant disability”, in the corresponding relevant provision, for “125A(8)” substitute “ 125(5A) ”;
in the entry for the expressions “emergency control assessment and emergency control certificate”, in the corresponding relevant provision, for “125A(8)” substitute “ 124(6) ”;
in the entry for the expression “modifications, in relation to a motor vehicle”, in the corresponding relevant provision, for “125A(8)” substitute “ 133A(10) ”.
Transitory amendments of Part 5 RTA 1988 (before amendment by RSA 2006)
Until the commencement of Schedule 6 to the Road Safety Act 2006, Part 5 of the Road Traffic Act 1988 (driving instruction) has effect as if it were amended as follows.
Section 125 (the register of approved instructors) has effect as if it were amended as follows.
After subsection (2) insert—
In subsection (3)—
omit the “and” at the end of paragraph (d);
after paragraph (d) insert—.
In subsection (5), for the words from “condition” to the end substitute
After subsection (5) insert—
After subsection (7) insert—
After subsection (8) insert—
Omit subsection (9).
In subsection (10), for the words after “In this Part of this Act” substitute
Part 5 has effect as if sections 125A and 125B (registration of disabled persons and supplementary provision) were omitted.
Section 126 (duration of registration) has effect as if subsection (4) were omitted.
Section 127 (extension of duration of registration) has effect as if it were amended as follows.
In subsection (3)—
in the opening words, omit “Except in the case of a registered disabled instructor,”;
in paragraph (a), for “such test as is mentioned in section 125(5)” substitute “ such test or assessment as is mentioned in section 125(5)(a)(i) or (ii) ”;
omit the “and” at the end of paragraph (d);
after paragraph (d) insert—.
Omit subsection (3A).
In subsection (4)—
in paragraph (a), omit “in the case of its retention by virtue of subsection (3) above,”;
in paragraph (a), for “condition” substitute “ conditions ”;
omit the “and” at the end of paragraph (a);
omit paragraph (b).
Section 128 (removal of names from register) has effect as if it were amended as follows.
In subsection (2)—
in the opening words, omit “Except in the case of a registered disabled instructor,”;
in paragraph (c), for “test such as is mentioned in section 125(5)” substitute “ test or assessment such as is mentioned in section 125(5)(a)(i) or (ii) ”;
after paragraph (d) insert—.
Omit subsection (2A).
In subsection (8)(b), for “(5)” substitute “ (5)(a)(i) ”.
Omit subsection (9).
Section 129 (licences for giving instruction so as to obtain practical experience) has effect as if it were amended as follows.
In subsection (1), for the words from “either” to the end substitute “ such part of the examination referred to in section 125(3)(a) as consists of a practical test of ability and fitness to instruct ”.
After subsection (1) insert—
For subsection (2) substitute—
In subsection (5), omit “, subject to subsection (5A) below,”.
After subsection (5) insert—
Omit subsections (5A) and (5B).
Section 130 (revocation of licence) has effect as if it were amended as follows.
In subsection (2)—
in the opening words omit “Except in the case of a licence granted by virtue of subsection (2)(b) of section 129 of this Act,”;
omit the “or” at the end of paragraphs (a) and (b);
after paragraph (b) insert—.
Omit subsection (2A).
Section 133A (assessment of ability to control a motor car in an emergency) has effect as if it were amended as follows.
In subsection (2)—
in paragraph (a), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”;
in paragraph (b), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”;
in the closing words, for “an appropriate” substitute “ a ”.
In subsection (6)—
in paragraph (a), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”;
in paragraph (b), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”.
In subsection (7)(a), omit “covered by his disabled person's limited driving licence”.
After subsection (9) insert—
In the heading, omit “disabled person's”.
In the italic cross-heading before section 133A omit “Disabled Persons:”.
Section 133B (further assessments) has effect as if it were amended as follows.
Omit subsection (1).
After subsection (2) insert—
Omit subsection (3).
In subsection (4), for “subsection (1) above” substitute “ subsection (5A) ”.
After subsection (5) insert—
Section 133C (duty to disclose further disability) has effect as if it were amended as follows.
In subsection (1)—
for paragraph (a) substitute—;
in paragraph (b), omit “granted by virtue of subsection (2)(b) of that section”.
In subsection (2)(a), for “125A(3)” substitute “ 125(2A), 129(1A) ”.
Section 133D (offences relating to giving by disabled person of paid driving instruction) has effect as if it were amended as follows.
For subsection (1) substitute—
After subsection (3) insert—
In the heading, omit “by disabled person”.
Part 5 has effect as if after section 133D there were inserted—
Section 142 (index to Part 5) has effect as if the index were amended as follows.
Omit the following expressions and the corresponding relevant provisions—“Appropriate motor car”;“Disabled person's limited driving licence”;“Registered disabled instructor”.
In the entry for the expressions “disability, prospective disability and relevant disability”, in the corresponding relevant provision, for “125A(8)” substitute “ 125(10) ”.
In the entry for the expressions “emergency control assessment and emergency control certificate”, in the corresponding relevant provision, for “125A(8)” substitute “ 125(10) ”.
Consequential and related amendments
Road Traffic (Driving Instruction by Disabled Persons) Act 1993
The Road Traffic (Driving Instruction by Disabled Persons) Act 1993 is amended as follows.
Omit section 1 (registration of disabled persons as driving instructors).
In section 2 (licences allowing disabled persons to give instruction so as to obtain practical experience), omit subsection (4).
In the Schedule (related and consequential amendments)—
omit paragraph 5(4);
omit paragraph 6(4) and (5);
omit paragraph 7(4).
Road Traffic Offenders Act 1988
Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts), as amended by Schedule 6 to the Road Safety Act 2006, is amended as follows.
In the entry for section 125A(4) of the Road Traffic Act 1988—
for “125A(4)” substitute “ 125(3B) ”;
in the second column, for “for registration as disabled driving instructor” substitute “ to be registered in respect of driving instruction ”;
in the second column, omit “onset of, or deterioration in,”.
In the entry for section 133C(4) of the Road Traffic Act 1988, in the second column, omit “disabled”.
In the entry for section 133D of the Road Traffic Act 1988, in the second column, for “disabled persons” substitute “ persons required to hold emergency control certificates ”.
Until the commencement of Schedule 6 to the Road Safety Act 2006, Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts) has effect as if it were amended as follows.
In the entry for section 125A(4) of the Road Traffic Act 1988—
for “125A(4)” substitute “ 125(2B) ”;
in the second column, for “for registration as disabled driving instructor” substitute “ to be registered in respect of driving instruction ”;
in the second column, omit “onset of, or deterioration in,”.
In the entry for section 133C(4) of the Road Traffic Act 1988, in the second column, omit “disabled”.
In the entry for section 133D of the Road Traffic Act 1988, in the second column, for “disabled persons” substitute “ persons required to hold emergency control certificates ”.
Road Safety Act 2006
In Schedule 6 to the Road Safety Act 2006, omit paragraphs 6 and 7.
Motor insurance industry: certificates of insurance
The Road Traffic Act 1988 is amended as follows.
In section 147 (issue and surrender of certificates of insurance and of security”)—
in subsection (1A), for the words from “this Part of this Act” to “subsection (1) above” substitute “ subsection (1) as having been delivered ”;
in the heading, omit “and surrender”.
In section 148 (avoidance of certain exceptions to policies or securities), in subsection (1), for the words from “Where a certificate” to “has been given,” substitute “ Where a policy or security is issued or given for the purposes of this Part of this Act, ”.
Section 151 (duty of insurers or persons giving security to satisfy judgment against persons insured or secured against third-party risks) is amended as follows.
In subsection (1), for the words from “a certificate of insurance” to “security has been given,” substitute “ a policy or security is issued or given for the purposes of this Part of this Act, ”.
In subsection (2)(a), omit “to which the certificate relates”.
In section 152 (exceptions to section 151), in paragraph (c) of subsection (1), omit the words from “, and also” to the end of the paragraph.
In section 153 (bankruptcy, etc, of insured or secured persons not to affect claims by third parties), in subsection (1), for the words from “a certificate of insurance” to “security has been given,” substitute “ a person has effected a policy of insurance or been given a security for the purposes of this Part of this Act, ”.
In section 161 (interpretation), omit subsection (2).
Agricultural Holdings Act 1986: resolution of disputes by third party determination
The Agricultural Holdings Act 1986 is amended as follows.
In section 2 (restriction on letting agricultural land for less than from year to year), after subsection (4) (determination of disputes arising as to the operation of the section in relation to any agreement to be by arbitration) insert—
Section 6 (right to written tenancy agreement) is amended as follows.
After subsection (1) insert—
In subsection (2) (contents of arbitrator's award)—
in the opening words, after “arbitrator in his award” insert “ or (as the case may be) the third party in his determination ”;
in paragraph (b), after “arbitrator” insert “ or third party ”.
In subsection (3) (power of arbitrator to vary rent in consequence of award)—
after “arbitrator” insert “ or third party ”;
after “award” insert “ or (as the case may be) his determination ”.
In subsection (4) (effect of arbitrator's award)—
after “The award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”;
after “the award” (in each place where it occurs) insert “ or determination ”.
In subsection (6) (period when determination of the terms of the tenancy is pending), after “award of an arbitrator” insert “ or the determination of a third party ”.
In section 7 (model clauses as to the maintenance, repair and insurance of fixed equipment), in subsection (2) (power for regulations to make provision for matters arising under them to be determined by arbitration), after “arbitration” insert “ or third party determination ”.
Section 8 (arbitration where terms of written agreement are inconsistent with the model clauses) is amended as follows.
After subsection (2) insert—
In subsection (3) (arbitrator's duty to consider terms and power to vary them)—
after “arbitrator” insert “ or third party ”;
after “arbitration” insert “ or (as the case may be) for third party determination ”;
after “award” insert “ or determination ”.
In subsection (4) (power of arbitrator to vary rent in consequence of award)—
after “arbitrator” insert “ or third party ”;
after “award” insert “ or (as the case may be) his determination ”.
In subsection (5) (effect of arbitrator's award)—
after “The award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”;
after “the award” (in each place where it occurs) insert “ or determination ”.
In subsection (6) (references under section to be made at least 3 years apart)—
after “a reference” insert “ to arbitration or third party determination ”;
for “further such reference” substitute “ subsequent reference to arbitration ”;
after “award of the arbitrator” insert “ or (as the case may be) the determination of the third party ”.
In the sidenote, after “Arbitration” insert “ or third party determination ”.
Section 9 (transitional arrangements where liability in respect of fixed equipment transferred) is amended as follows.
After subsection (1) insert—
In subsection (2) (definition of “relevant compensation”), for “subsection (1) above” (in the first place where it occurs) substitute “ subsections (1) and (1A) above ”.
After subsection (3) insert—
In subsection (4) (provision about disregarding a variation of the terms of a tenancy as to the maintenance, repair or insurance of fixed equipment), after “arbitrator” insert “ or third party ”.
In section 10 (tenant's right to remove fixtures and buildings), after subsection (6) (determination by arbitration of any dispute between a landlord and tenant as to the amount payable by the landlord under subsection (4) on an election to purchase a fixture or building) insert—
Section 12 (arbitration of rent) is amended as follows.
After subsection (1) insert—
In subsection (2) (arbitrator's duty to determine rent properly payable)—
after “arbitrator” insert “ or third party ”;
after “demand for arbitration” insert “ or (as the case may be) the reference for third party determination ”.
In subsection (4) (references to the next termination date following the date of a demand for arbitration)—
after “a demand for arbitration” insert “ , or reference for third party determination, ”;
after “the demand” (in each place where it occurs) insert “ or reference ”.
In the sidenote, after “Arbitration” insert “ or third party determination ”.
In section 13 (increases of rent for landlord's improvements), after subsection (7) (determination of any dispute between a landlord and tenant under the section to be by arbitration) insert—
Section 14 (variation of terms of tenancies as to permanent pasture) is amended as follows.
After subsection (2) insert—
In subsection (3) (power of arbitrator to direct modification of terms as to land which is to be maintained as permanent pasture or is to be treated as arable land and as to cropping)—
after “subsection (2)” insert “ or (2A) ”;
after “arbitrator” insert “ or third party ”;
after “award” insert “ or (as the case may be) his determination ”.
In subsection (4) (power of arbitrator to order that, on termination of the tenancy, the tenant should leave an area of land as permanent pasture or as temporary pasture sown with certain seeds)—
after “subsection (2)” insert “ or (2A) ”;
after “arbitrator” insert “ or third party ”.
Section 15 (disposal of produce and cropping) is amended as follows.
In subsection (6) (determination by arbitration of question whether tenant exercising subsection (1) rights in manner likely to injure holding etc), after “(including an arbitration” insert “ or third party determination ”.
After subsection (6) insert—
Section 20 (compensation for damage by game) is amended as follows.
After subsection (4) (amount of compensation to be determined by arbitration, in default of agreement) insert—
After subsection (5) (determination by arbitration of questions as to the landlord's right to be indemnified against claims for compensation by the person in whom the right to kill and take the wild animals or birds that did the damage is vested) insert—
Section 33 (reduction of rent where notice is given to quit part of holding) is amended as follows.
After subsection (2) (amount of rent reduction to be determined by arbitration, in default of agreement) insert—
In subsection (3) (matters to be taken into account by arbitrator)—
after “arbitration” insert “ or third party determination ”;
after “arbitrator” insert “ or (as the case may be) the third party ”.
In section 47 (terms of new tenancy unless varied by arbitration), in the sidenote, after “arbitration” insert “ or third party determination ”.
Section 48 (arbitration on terms of new tenancy) is amended as follows.
For subsection (3) substitute—
In subsection (5) (duties of arbitrator on reference of “question (a)”)—
in the opening words—
after “arbitration” insert “ or third party determination ”;
after “arbitrator” insert “ or (as the case may be) the third party ”;
in paragraph (b), after “award” insert “ or determination ”.
In subsection (6) (power of arbitrator to vary rent where “question (a)” but not “question (b)” referred to arbitration)—
after “arbitration” insert “ or third party determination ”;
after “arbitrator” insert “ or (as the case may be) the third party ”;
after “award” insert “ or determination ”.
In subsection (7) (duties of arbitrator on reference of “question (b)”)—
after “arbitration” insert “ or third party determination ”;
after “arbitrator” insert “ or (as the case may be) the third party ”.
In subsection (10) (power of arbitrator to include further provisions in award), after “award” insert “ or (as the case may be) the third party may include in his determination ”.
In subsection (11) (effect of arbitrator's award made before “the relevant time”)—
after “award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”;
after “award” (in the second place where it occurs) insert “ or determination ”.
In subsection (12) (effect of arbitrator's award made after “the relevant time”)—
after “award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”;
after “award” (in the second place where it occurs) insert “ or determination ”.
In the sidenote, after “Arbitration” insert “ or third party determination ”.
In section 74 (supplementary provisions with respect to compensation: termination of tenancy of part of holding), in subsection (2)(b) (matters to be taken into consideration by arbitrator assessing amount of compensation payable to tenant), after “arbitrator” insert “ or (as the case may be) the third party appointed under section 84A below ”.
In section 75 (compensation where reversionary estate in holding is severed), in subsection (2)—
after “arbitrator” (in the first place where it occurs) insert “ or (as the case may be) the third party ”;
after “awarded” insert “ or determined by third party determination ”;
after “award” insert “ or determination ”;
after “arbitrator” (in the second place where it occurs) insert “ or third party ”.
In section 80 (power of Tribunal to direct holding to be treated as market garden), after subsection (7) insert—
Section 83 (settlement of claims on termination of tenancy) is amended as follows.
After subsection (1) (determination by arbitration of claims arising under the Act etc on or out of the termination of the tenancy) insert—
For subsections (4) and (5) (8 month period from the termination of the tenancy within which the landlord and tenant may settle a claim by agreement in writing before it is determined by arbitration) substitute—
After section 84 (arbitrations) insert—
In section 85 (enforcement), in subsection (1) (recovery of unpaid amount by county court proceedings), for “or awarded” substitute “ , awarded or determined by third party determination ”.
Section 86 (power of landlord to obtain charge on holding) is amended as follows.
In subsection (2) (provision for landlord to request arbitrator to certify amount of compensation and term for which charge may properly be made), in the opening words—
after “arbitration” insert “ or third party determination ”;
after “arbitrator” insert “ or (as the case may be) the third party ”.
In subsection (3) (landlord acting as trustee etc: ability to obtain order charging the holding with repayment of sums to be paid by the landlord under the Act)—
for “or awarded” (in the first place where it occurs) substitute “ , awarded or determined by third party determination ”;
after “awarded” (in the second place where it occurs) insert “ or determined by third party determination ”.
In section 96 (interpretation), in subsection (1), at the relevant place insert—.
In paragraph 1(3) (amount of rent: arbitrator determining current level of rents for comparable lettings)—
after “arbitrator” insert “ or (as the case may be) the third party ”;
after “arbitration” insert “ or third party determination ”.
In paragraph 2(1) (amount of rent: duty of arbitrator to disregard increase in rental value due to certain improvements), after “arbitrator” insert “ or (as the case may be) the third party ”.
In paragraph 3 (amount of rent: other duties of arbitrator)—
in the opening words, after “arbitrator” insert “ or (as the case may be) the third party ”;
in paragraph (a), after “arbitration” insert “ or third party determination ”.
In paragraph 4 (frequency of arbitrations under section 12), in sub-paragraph (1)(c), after “arbitrator” insert “ or third party ”.
In the heading to the Schedule, after “ARBITRATION” insert “ OR THIRD PARTY DETERMINATION ”.
Auditors ceasing to hold office
Notification requirements
Chapter 4 of Part 16 of the Companies Act 2006 (audit: removal, resignation, etc of auditors) is amended in accordance with paragraphs 2 to 11.
Omit section 512 (notice to registrar of resolution removing auditor from office).
In section 516 (resignation of auditor), in subsection (2), for “The” substitute “ Where the company is a public interest company, the ”.
Omit section 517 (notice to registrar of resignation of auditor).
Section 518 (rights of resigning auditor) is amended as follows.
In subsection (1), for the words from “auditor's notice of resignation” to the end of the subsection substitute
In subsection (2), for “circumstances connected with” substitute “ reasons for, and matters connected with, ”.
In subsection (3), in the words after paragraph (b), for “circumstances connected with” substitute “ reasons for, and matters connected with, ”.
In section 519 (statement by auditor to be deposited with company), in subsection (4), for “The statement required by this section” substitute “ A statement under this section ”.
Section 520 (company's duties in relation to statement under section 519) is amended as follows.
In subsection (1), for the words from “the statement” to the end of the subsection substitute “a company receives from an auditor (“A”) who is ceasing to hold office a statement under section 519 except where—
In subsection (2), for “The” substitute “ Where this section applies, the ”.
Section 521 (copy of statement to be sent to registrar) is amended as follows.
Before subsection (1) insert—
In subsection (1), for “Unless” substitute “ Where this section applies, unless ”.
Section 522 (duty of auditor to notify appropriate audit authority) is amended as follows.
For subsections (1) to (4) substitute—
In the heading, for “notify” substitute “ send statement to ”.
Section 524 (information to be given to accounting authorities) is amended as follows.
For subsection (1) substitute—
Omit subsection (3).
In the heading, for “Information to be given” substitute “ Provision of information ”.
Section 525 (meaning of “appropriate audit authority” and “major audit”) is amended as follows.
In subsection (1)—
in paragraph (a)—
for the words before sub-paragraph (i) substitute “ in relation to an auditor of a public interest company (other than an Auditor General) ”;
in sub-paragraph (ii), after “receiving the” insert “ statement or ”;
in paragraph (b), for the words from the beginning to “a major audit” substitute “ in relation to an auditor of a non-public interest company (other than an Auditor General) ”;
in paragraph (c), for “in the case of an audit conducted by” substitute “ in relation to ”.
Omit subsections (2) and (3).
In the heading, omit “and “major audit””.
Schedule 8 to the Companies Act 2006 (index of defined expressions) is amended as follows.
Omit the entry for “major audit”.
At the appropriate places insert—
Miscellaneous
Chapter 4 of Part 16 of the Companies Act 2006 is further amended as follows.
Failure to re-appoint auditor: special procedure requirements
Section 514 (failure to re-appoint auditor: special procedure required for written resolution) is amended as follows.
For subsections (1) and (2) substitute—
In subsection (3), for “The” substitute “ Where this section applies, the ”.
Section 515 (failure to re-appoint auditor: special notice required for resolution at general meeting) is amended as follows.
For subsections (1) and (2) substitute—
In subsection (3)—
omit “such”;
after “resolution” insert “ mentioned in subsection (1), (1A) or (2) ”.
Replacement of references to documents being deposited at the company's registered office
Section 516 (resignation of auditor) is amended as follows.
In subsection (1), for the words from “depositing” to the end of the subsection substitute “ sending a notice to that effect to the company ”.
In subsection (3), for “deposited” substitute “ received ”.
Section 518 (rights of resigning auditor) is amended as follows.
In subsection (2)—
for “deposit” substitute “ send ”;
for “a signed” substitute “ an authenticated ”.
In subsection (5), for “of the deposit of” substitute “ on which the company receives ”.
Section 519 (statement by auditor to be deposited with company) is amended as follows.
In subsection (4), for “deposited” substitute “ sent ”.
In the heading, for “deposited with” substitute “ sent to ”.
In section 520(2) (company's duties in relation to statement), for “deposit” substitute “ receipt ”.
In section 521(1) (copy of statement to be sent to registrar), for “deposited” substitute “ sent ”.
Insolvency and company law
Deeds of arrangement
Repeal of Deeds of Arrangement Act 1914
The Deeds of Arrangement Act 1914 is repealed.
In the Administration of Justice Act 1925, omit section 22 (which concerns registration of deeds of arrangement and is to be construed as one with the Act of 1914).
The following amendments are made in consequence of paragraph 1.
In the Public Trustee Act 1906, in section 2(4), omit “, nor any trust under a deed of arrangement for the benefit of creditors”.
In the Trustee Act 1925, omit section 41(2).
In the Law of Property Act 1925, in section 43(1), omit “, deed of arrangement”.
In the Law of Property (Amendment) Act 1926, in section 3(1)—
omit “and property subject to a deed of arrangement”;
omit “and the trustee under the deed respectively”.
In the Administration of Justice Act 1965, in Schedule 1, omit the entry for the Deeds of Arrangement Act 1914.
In the Land Charges Act 1972—
omit section 1(1)(d) and (6A)(e);
omit section 7;
in section 17(1), omit the definition of “deed of arrangement”.
In the Magistrates' Courts Act 1980, in Schedule 1, omit paragraph 16.
In the Administration of Justice Act 1985—
in section 16(1)(g), omit “or a deed of arrangement for the benefit of his creditors”;
in section 17(2)(c), omit “or a deed of arrangement for the benefit of his creditors”.
In the Insolvency Act 1985, in Schedule 8, omit paragraph 2.
In the Insolvency Act 1986—
omit section 260(3);
in section 263(5), omit the words from “This is without prejudice” to the end of the subsection;
omit section 263D(6);
in section 372(1)—
omit paragraph (c) and the “or” before it;
for “, the supervisor of the voluntary arrangement or the trustee under the deed of arrangement” substitute “ or the supervisor of the voluntary arrangement ”;
in section 379, omit “, and about proceedings in the course of that year under the Deeds of Arrangement Act 1914”;
in section 388(2)(b), omit “a deed of arrangement made for the benefit of his creditors or”;
in Schedule 9, in paragraph 24(a), omit “and of jurisdiction under the Deeds of Arrangement Act 1914”;
in Schedule 14, omit the entries for the Deeds of Arrangement Act 1914.
In the Taxation of Chargeable Gains Act 1992, in section 66(5), in the definition of “deed of arrangement”, for the words from “the Deeds of Arrangement Act 1914” to the end of the definition insert “ an enactment forming part of the law of Scotland or Northern Ireland which corresponds to the Deeds of Arrangement Act 1914 applies ”.
In the Value Added Tax Act 1994, in section 81(4B)(e), omit “the Deeds of Arrangement Act 1914 or”.
In the Finance Act 2000—
in Part 6 of Schedule 6, omit paragraph 75(2)(e)(i) and the “or” following it;
in Part 10 of Schedule 6, omit paragraph 120(7)(f)(i) and the “or” following it.
In the Finance Act 2001—
omit section 37(7)(f)(i) and the “or” following it;
in Schedule 8, omit paragraph 11(2)(e)(i) and the “or” following it.
In the Land Registration Act 2002, in section 87—
in subsection (1)(b), at the end insert “ and ”;
omit subsection (1)(d) and the “and” before it;
omit subsection (2)(b) and the “or” before it;
omit subsection (5).
In the Licensing Act 2003, in section 27(3)(c), omit “a deed of arrangement made for the benefit of his creditors or”.
In the Pensions Act 2004, omit section 121(2)(c).
In the Constitutional Reform Act 2005—
in Schedule 4, omit paragraph 19;
in Part 2 of Schedule 11, in paragraph 4(3), omit the entry for the Deeds of Arrangement Act 1914.
In the Tribunals, Courts and Enforcement Act 2007, in Schedule 13, omit paragraph 21.
In the Finance Act 2008, in section 131(8), in the definition of “deed of arrangement”, omit “the Deeds of Arrangement Act 1914 (c. 47) or”.
In the Third Parties (Rights against Insurers) Act 2010, omit section 4(1)(a).
The repeals and other amendments made by paragraphs 1 and 2 are to have no effect in relation to a deed of arrangement registered under section 5 of the Deeds of Arrangement Act 1914 before the date on which paragraph 1 of this Schedule comes into force if, immediately before that date, the estate of the debtor who executed the deed of arrangement has not been finally wound up.
Administration of companies
Schedule B1 to the Insolvency Act 1986 (administration of companies) is amended in accordance with paragraphs 5 to 7.
Appointment of administrators
After paragraph 25 (circumstances in which an administrator of a company may not be appointed under paragraph 22) and before the italic cross-heading following paragraph 25 insert—
In paragraph 26 (notice by company, or directors of company, of intention to appoint administrator), in sub-paragraph (2) (requirement to give additional notice), for “proposes to make an appointment under paragraph 22” substitute “ gives notice of intention to appoint under sub-paragraph (1) ”.
Release of administrator where no distribution to unsecured creditors other than by virtue of section 176A(2)(a)
Paragraph 98 (vacation of office of administrator: discharge from liability) is amended as follows.
In sub-paragraph (2)(b) (when discharge takes effect in case of administrator appointed under paragraph 14 or 22), after “22” insert “ who has not made a statement under paragraph 52(1)(b) ”.
In sub-paragraph (2), after paragraph (b) (but before the “or” following it) insert—.
In sub-paragraph (3)—
for the words before paragraph (a) substitute “ For the purposes of sub-paragraph (2)(ba), the “relevant creditors” of a company are— ”;
in paragraph (b), for “give or withhold approval” substitute “ decide on the time of discharge ”.
Winding up of companies
Part 4 of the Insolvency Act 1986 (winding up of companies registered under the Companies Acts) is amended in accordance with paragraphs 9 and 10.
Removal of power of court to order payment into Bank of England of money due to company
Omit section 151 (payment into bank of money due to company).
Release of liquidator where winding-up order rescinded
In section 174 (release of liquidator of company being wound up by the court), after subsection (4) insert—
Disqualification of unfit directors of insolvent companies
Application for making of disqualification order: power to require information
In section 7 of the Company Directors Disqualification Act 1986 (disqualification order or undertaking; and reporting provisions), subsection (4) (power of Secretary of State or official receiver to require information) is amended as follows.
In the words before paragraph (a), for the words from “the liquidator” to “or administrative receiver of a company” (in the second place they occur) substitute “ any person ”.
In paragraph (a), for the words from “any person's conduct” to the end of the paragraph substitute “ that person's or another person's conduct as a director of a company which has at any time become insolvent (whether while the person was a director or subsequently), and ”.
In paragraph (b), for the words from “relevant to” to the end of the paragraph substitute “ as are considered by the Secretary of State or (as the case may be) the official receiver to be relevant to that person's or another person's conduct as such a director ”.
Bankruptcy
Part 9 of the Insolvency Act 1986 (bankruptcy) is amended in accordance with paragraphs 13 to 16.
Appointment of insolvency practitioner as interim receiver
In section 286(1) (power of court to appoint interim receiver if necessary for protection of debtor's property), after “official receiver” insert “ or an insolvency practitioner ”.
If sub-paragraph (1) comes into force before the coming into force of the repeal of subsection (2) of section 286 by paragraph 17(2) of Schedule 19 to the Enterprise and Regulatory Reform Act 2013, that subsection is to have effect (until the repeal comes into force) as if for “, instead of the official receiver,” there were substituted “ , another insolvency practitioner or the official receiver ”.
Section 370 (power to appoint special manager) is amended as follows.
In subsection (1)(c) (power of court to appoint person to be special manager of property or business of debtor in whose case an interim receiver has been appointed under section 286), for “the official receiver has been appointed interim receiver” substitute “ an interim receiver has been appointed ”.
In subsection (2) (who may apply for the appointment of a special manager), for “official receiver” (in both places where it occurs) substitute “ interim receiver ”.
Statement of affairs
Section 288 (statement of affairs) is amended as follows.
In subsection (1) (duty of bankrupt to submit statement of affairs), for the words from “the bankrupt shall submit” to the end of the subsection substitute “ the official receiver may at any time before the discharge of the bankrupt require the bankrupt to submit to the official receiver a statement of affairs. ”
After subsection (2) insert—
In subsection (3)(a) (power of official receiver to release bankrupt from duty under subsection (1)), for “the bankrupt from his duty” substitute “ a bankrupt from an obligation imposed on the bankrupt ”.
For subsection (3)(b) (power of official receiver to extend period for submitting statement of affairs) substitute—.
In subsection (4)(a) (offence of failing to comply with obligation to submit statement of affairs), for “the obligation imposed by” substitute “ an obligation imposed under ”.
After-acquired property of bankrupt
Section 307 (power of trustee in bankruptcy to claim, for the bankrupt's estate, property which has been acquired by, or has devolved upon, the bankrupt after commencement of the bankruptcy) is amended as follows.
In subsection (3) (property to vest in trustee on service of notice on bankrupt), for “Subject to the next subsection” substitute “ Subject to subsections (4) and (4A) ”.
In subsection (4) (trustee not entitled to remedy against certain persons and certain bankers)—
in the words before paragraph (a), after “service” insert “ on the bankrupt ”;
omit paragraph (b) (which makes provision about bankers) and the “or” at the end of paragraph (a);
in the words after paragraph (b)—
omit “or transaction”;
omit “or banker” (in both places where they occur).
After subsection (4) insert—
Authorisation of insolvency practitioners
Part 13 of the Insolvency Act 1986 (insolvency practitioners and their qualification) is amended in accordance with paragraphs 18, 19 and 21.
Repeal of provision for authorisation of nominees and supervisors in relation to voluntary arrangements
Omit section 389(1A) (acting without qualification not an offence if authorised under section 389A).
Omit section 389A (authorisation of nominees and supervisors).
The following repeals are made in consequence of paragraphs 18 and 19.
In the Insolvency Act 1986—
in section 1(2), omit “or authorised to act as nominee,”;
in section 2(4), omit “, or authorised to act as nominee,”;
in section 4(2), omit “or authorised to act as nominee,”;
in section 7(5), omit “or authorised to act as supervisor,”;
in Schedule A1—
in paragraph 28(1), omit “, or authorised to act as nominee,”;
in paragraph 31(2), omit “, or authorised to act as nominee,”;
in paragraph 33(1), omit “, or authorised to act as nominee,”;
in paragraph 39(6), omit “, or authorised to act as supervisor,”.
In Schedule 6 to the Mental Capacity Act 2005, omit paragraph 31(2).
Repeal of provision for authorisation of insolvency practitioners to be granted by competent authority
Omit sections 392 to 398 and Schedule 7 (procedure for authorisation by competent authority, including provision for reference to Insolvency Practitioners Tribunal).
The following repeals are made in consequence of paragraph 21.
In the Parliamentary Commissioner Act 1967, in Schedule 4, omit the entry for the Insolvency Practitioners Tribunal.
In the Northern Ireland Assembly Disqualification Act 1975, in Part 3 of Schedule 1, omit the entry for any member of the Insolvency Practitioners Tribunal in receipt of remuneration.
In the Companies Act 1985, in Schedule 15D, omit paragraph 37.
In the Insolvency Act 1986—
omit section 415A(2);
In the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), omit Article 349(2)(c) and the “or” before it.
In the Courts and Legal Services Act 1990, in Schedule 10, omit paragraph 67.
In the Tribunals and Inquiries Act 1992—
in Part 1 of Schedule 1, omit the entry for insolvency practitioners;
in Schedule 3, omit paragraph 19.
In the Railways Act 1993, omit section 145(2)(b)(ix) (but not the “or” following it).
In the Greater London Authority Act 1999, omit section 235(2)(c)(ix) (but not the “or” following it).
In the Utilities Act 2000, omit section 105(5)(j).
In the Transport Act 2000, in Schedule 9, omit paragraph 3(2)(l).
In the Enterprise Act 2002, omit section 270(3).
In the Constitutional Reform Act 2005, in Part 3 of Schedule 14, omit the entry for a member of the Insolvency Practitioners Tribunal panel.
In the Companies Act 2006—
in Schedule 2, in Part 2, in Section (A) (United Kingdom), omit paragraph 18;
in Schedule 11A, omit paragraph 64.
In the Tribunals, Courts and Enforcement Act 2007—
in Part 4 of Schedule 6, omit the entry for the Insolvency Practitioners Tribunal;
in Schedule 10, omit paragraph 19.
In the Civil Aviation Act 2012, in Schedule 6, in paragraph 4(2), omit the entry for the Insolvency Practitioners Tribunal.
For the purposes of this paragraph—the “commencement date” is 1 October 2015 (the date on which paragraph 21 of this Schedule came into force); the “transitional period” is the period of 1 year beginning with the commencement date.
Where, immediately before the commencement date, a person holds an authorisation granted under section 393 of the Insolvency Act 1986, section 393(3A) to (6) of that Act together with, for the purposes of this sub-paragraph, paragraphs (a) and (b) of section 393(2) of that Act (which are repealed by paragraph 21) continue to have effect in relation to the person and the authorisation during the transitional period.
During the transitional period, a person to whom sub-paragraph (2) applies is to be treated for the purposes of Part 13 of the Insolvency Act 1986 as fully authorised under section 390A of that Act (as inserted by section 17(3) of this Act) to act as an insolvency practitioner unless and until the person's authorisation is (by virtue of sub-paragraph (2)) withdrawn.
Where, immediately before the commencement date, a person has applied under section 392 of the Insolvency Act 1986 for authorisation to act as an insolvency practitioner and the application has not been granted, refused or withdrawn, sections 392(4) to (7) and 393(1) and (2) of that Act (which are repealed by paragraph 21) continue to have effect in relation to the person and the application during the transitional period.
Where, during the transitional period, an authorisation is (by virtue of sub-paragraph (4)) granted under section 393 of the Insolvency Act 1986, sub-paragraphs (2) and (3) above apply as if—
the authorisation had been granted immediately before the commencement date;
in sub-paragraph (2), the reference to section 393(3A) to (6) were a reference to section 393(4) to (6).
For the purposes of sub-paragraphs (2) and (4), sections 394 to 398 of, and Schedule 7 to, the Insolvency Act 1986 (which are repealed by paragraph 21) continue to have effect during the transitional period.
Liabilities of administrators and administrative receivers of companies and preferential debts of companies and individuals
Treatment of liabilities relating to contracts of employment
The Insolvency Act 1986 is amended in accordance with paragraphs 25 to 28.
In section 44 (receivership: agency and liability for contracts), omit subsection (2D) (what “wages or salary” includes for the purposes of subsection (2C)(a)).
In Schedule B1 (administration of companies), in paragraph 99 (vacation of office by administrator: charges and liabilities), omit sub-paragraph (6)(d) (what “wages or salary” includes for the purposes of sub-paragraph (5)(c)) but not the “and” following it.
In Schedule 6 (categories of preferential debt), in paragraph 15 (what “wages or salary” includes for the purposes of determining what is a category 5 preferential debt), omit paragraph (b) and the “and” before it.
Requirements of company law: proxies
Proxies at a poll taken 48 hours or less after it was demanded
In section 327(2) of the Companies Act 2006 (which regulates the period of notice required for the appointment of a proxy), omit paragraph (c).
In section 330(6) of that Act (which regulates the period of notice required for the termination of a proxy's authority), omit paragraph (c).
Ascertainment of rights of way
Wildlife and Countryside Act 1981
The Wildlife and Countryside Act 1981 is amended as follows.
In section 53 (duty to keep definitive map and statement under continuous review) —
in subsection (3)(c)(i), omit “or is reasonably alleged to subsist”;
after subsection (3)(c)(i) insert—.
After that section insert—
In section 53B (register of applications under section 53), after subsection (4) insert—
After section 54A insert—
New Schedule 13A to the 1981 Act
After Schedule 13 to the Wildlife and Countryside Act 1981 insert—
New Schedule 14A to the 1981 Act
After Schedule 14 to the Wildlife and Countryside Act 1981 insert the following Schedule—
Highways Act 1980
Schedule 6 to the Highways Act 1980 (procedure applicable to the making etc of certain orders under the Act relating to footpaths, bridleways and restricted byways) is amended as follows.
In paragraph 1 (publicity for orders)—
in sub-paragraph (3), in paragraph (a), for the words from “in at least one local newspaper” to the end of the paragraph substitute “ (within the meaning of sub-paragraph (3ZA)) ”;
after sub-paragraph (3) insert—
In paragraph 2 (opposed and unopposed orders), after sub-paragraph (2) insert—
In that paragraph, after sub-paragraph (3) insert—
In that paragraph, after sub-paragraph (4) (as inserted by sub-paragraph (4) of this paragraph) insert—
After paragraph 2 insert—
In paragraph 4A (publication of orders)—
the existing text becomes sub-paragraph (1);
in that sub-paragraph, for the words from “in at least one local newspaper” to the end of the sub-paragraph substitute “ (within the meaning of sub-paragraph (2)) ”;
after that sub-paragraph insert—
In paragraph 5 (proceedings for questioning validity of orders) omit the “and” after paragraph (b) and insert—.
Consequential amendments
Part 3 of the Wildlife and Countryside Act 1981 is amended as follows.
In section 53 (duty to keep definitive map and statement under continuous review)—
in subsection (5), for “the provisions of Schedule 14” substitute “ the provisions of Schedule 13A (in relation to England) and Schedule 14 (in relation to Wales) ”;
in subsection (6), for “the provisions of Schedule 15” substitute “ the provisions of Schedule 14A (in relation to England) and Schedule 15 (in relation to Wales) ”.
Schedule 14 (Applications for certain orders under Part 3) is amended as follows.
In the heading, at the end, insert “ : Wales ”.
In paragraph 5 (interpretation), in sub-paragraph (1), for the definition of “local authority” substitute—.
Schedule 15 (Procedure in connection with certain orders under Part 3) is amended as follows.
In the heading, at the end, insert “ : Wales ”.
In paragraph 13 (interpretation), in sub-paragraph (2), for the definition of “local authority” substitute—.
Provision of passenger rail services
Consequential amendments
The Transport Act 1968 is amended in accordance with paragraphs 2 to 5.
Section 10(1) is amended as follows.
In paragraph (iii), before “(ii)”, in both places, insert “ (ia)(b) or ”.
In paragraph (iv), before “(ii)” insert “ (ia), ”.
After paragraph (viiia), insert—.
In paragraph (viiib), at the beginning insert “ where that area is in Wales or Scotland, ”.
Section 20 (special duty of certain Executives with respect to railway passenger services) is amended as follows.
In paragraph (a) of subsection (2), omit the words from “for the purposes” to the end of the paragraph.
After subsection (2) insert—
In section 23A (interpretation of certain provisions of this Part relating to railways), after subsection (1) insert—
Section 119 of the Transport Act 1985 (bus substitution services and bus service conditions) has effect, until the repeal of the section by Part 4 of Schedule 31 to the Transport Act 2000 comes into force, as if—
in subsection (3) the words from “for the purposes” to the end of the subsection were omitted;
after subsection (5) there were inserted—
In section 13 of the Railways Act 2005 (railway functions of Passenger Transport Executives), in subsection (9), for the words from “has the same meaning” to the end substitute “ , in relation to an integrated transport area, means the distance of 25 miles from the nearest point on the boundary of that area. ”
Franchise exemptions granted by Secretary of State: protection of railway assets etc
After section 24 of the Railways Act 1993 insert—
Minor correcting amendments
The Transport Act 1968 is amended as follows.
In section 9(1)(c)—
in sub-paragraph (i), for “sub-paragraph (ia)” substitute “ sub-paragraphs (ia) to (ie) ”;
after sub-paragraph (ia) insert—.
In section 16(2A)—
for “subsection (2)” substitute “ subsection (1) ”;
omit the “and” at the end of paragraph (b);
after paragraph (c) insert
In Schedule 5—
in Part 2, in paragraph 2, after “as the case may be,”, in both places where it occurs, insert “ the combined authority area or ”;
in Part 3, in paragraph 11(a), after “integrated transport area” insert “ , a combined authority area ”.
In section 30 of the Railways Act 1993 (duty of relevant franchising authority), subsection (3) is amended as follows.
In paragraph (b)—
for “notice” substitute “ proposal ”;
for “the proposal date specified for the purposes of subsection (5)(a)(ii) of that section” substitute “ the date for the discontinuance of services specified in the proposal ”.
In paragraph (c), for “subsection (2)” substitute “ subsection (3) ”.
Road traffic legislation: use of vehicles in emergency response by NHS
Traffic Management Act 2004
The Traffic Management Act 2004 is amended as follows.
In section 85 (prohibition of double parking etc), in subsection (3), for “for fire brigade, ambulance or police purposes” substitute
In section 86 (prohibition of parking at dropped footways etc), in subsection (4), for “for fire brigade, ambulance or police purposes” substitute
Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078)
The Road Vehicles (Construction and Use) Regulations 1986 are amended as follows.
In regulation 3(2) (interpretation), in the Table at the appropriate place insert—
Regulation 37 (audible warning instruments) is amended as follows.
In paragraph (5)(a), omit “, ambulance”.
After paragraph (5)(a) insert—.
Regulation 82 (restriction on width of loads) is amended as follows.
In paragraph (10)(a), omit “, ambulance”.
After paragraph (10)(a) (but before the “or”) insert—.
Regulation 101 (parking in darkness) is amended as follows.
In paragraph (2)(a), omit “ambulance”.
After paragraph (2)(a) insert—.
Regulation 107 (leaving motor vehicles unattended) is amended as follows.
In paragraph (2)(a), omit “ambulance,”.
After paragraph (2)(a) (but before the “or”) insert—.
Road Vehicles Lighting Regulations 1989 (S.I. 1989/1796)
The Road Vehicles Lighting Regulations 1989 are amended as follows.
The Table in regulation 3(2) (which sets out the meaning of expressions used in the regulations) is amended as follows.
In column 2, in paragraph (a) of the definition of “emergency vehicle”, omit “, ambulance”.
In that definition, after paragraph (a) insert—
At the appropriate place insert—
Regulation 11 (colour of light shown by lamps and reflectors) is amended as follows.
Omit paragraph (2)(y)(iii).
After paragraph (2)(y) insert—
In Part 2 of Schedule 17 (requirements relating to optional side retro reflectors), in the first column of the Table, below “Ambulance” (but in the same row) insert “ The provision of a response to an emergency at the request of an NHS ambulance service but only in respect of a vehicle which is owned by the service or held by it under a lease or hire agreement ”.
Part 2 of Schedule 18 (requirements relating to optional rear retro reflectors) is amended as follows.
The first sentence becomes paragraph 1.
At the end of that paragraph insert “ , subject to paragraphs 2 and 3. ”
The second sentence becomes paragraph 2.
In that paragraph—
omit “But”;
omit paragraph (c).
After paragraph 2 insert—
Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I. 1997/2400)
The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 are amended as follows.
In regulation 3(1) (interpretation), at the appropriate place insert—.
Regulation 12 (significance of vehicular light signals at Pelican crossings) is amended as follows.
In paragraph (1)(e), omit “, ambulance, national blood service”.
After paragraph (1)(e) insert—.
Regulation 13 (significance of vehicular light signals at Puffin crossings) is amended as follows.
In paragraph (1)(f), omit “, ambulance, national blood service”.
After paragraph (1)(f) insert—.
Regulation 21 (stopping in controlled areas) is amended as follows.
In paragraph (c), omit “, ambulance”.
After paragraph (c) insert—.
Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113)
The Traffic Signs Regulations and General Directions 2002 are amended as follows.
In regulation 4 (interpretation), at the appropriate place insert—
Regulation 15 (keep right and kept left signs) is amended as follows.
In paragraph (2)—
omit “ambulance,”;
omit “, national blood service”.
After paragraph (2) insert—
Regulation 26 (double white lines) is amended as follows.
In paragraph (5)(b), omit “ambulance,”.
After paragraph (5)(b) insert—.
Regulation 27 (zig zag lines) is amended as follows.
In paragraph (3)(c), omit “ambulance,”.
After paragraph (3)(c) insert—.
Regulation 36 (light signals) is amended as follows.
In paragraph (1)(b)—
omit “ambulance,”;
omit “, national blood service”.
After paragraph (1)(b) insert—.
Schedule 19 (bus stop and bus stand clearways and box junctions) is amended as follows.
In paragraph 4 (bus stop and bus stand clearways)—
in paragraph (a), omit “ambulance,”;
after paragraph (a) insert—.
In paragraph 9 (box junctions)—
omit “ambulance,”;
omit “, national blood service”.
After paragraph 9 insert—
Regulation of the use of roads and railways
Duration of driving licences to be granted to drivers with relevant or prospective disabilities
Part 3 of the Road Traffic Act 1988 (licensing of drivers of vehicles) is amended as follows.
In section 99 (duration of licences of drivers of motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle), in subsection (1)(b) (duration of licence to be granted to person suffering from relevant or prospective disability), for the words from “of not more than” to “may determine” substitute.
In consequence of paragraph 2, in section 100(1)(b) (appeals relating to licences: determination under section 99(1)(b))—
for “three” substitute “ ten ”;
after “or less” insert “ or, where sub-paragraph (ii) of section 99(1)(b) applies, for three years or less ”.
Permit schemes: removal of requirement for Secretary of State approval
Part 3 of the Traffic Management Act 2004 (permit schemes) is amended as follows.
Section 33 (preparation of permit schemes) is amended as follows.
For subsection (1) substitute—
For subsection (2) substitute—
After section 33 insert—
Section 34 (implementation of local highway authority permit schemes) is amended as follows.
In subsection (1)—
after “prepared” insert “ by a local highway authority in Wales ”;
for “appropriate national authority (“the authority”)” substitute “ Welsh Ministers ”;
for “33(1) or (2)” substitute “ 33(1A) or (2A) ”.
In subsection (2), for “authority” substitute “ Welsh Ministers ”.
In subsection (3), for “it approves” substitute “ the Welsh Ministers approve ”.
In subsection (4), for “the authority by order gives” substitute “ the Welsh Ministers by order give ”.
In the heading, at the end insert “ : Wales ”.
For section 36 (variation and revocation of permit schemes) substitute—
Section 37 (permit regulations) is amended as follows.
In subsection (1)—
for “appropriate national authority” substitute “ Secretary of State ”;
omit “submission, approval,”;
After subsection (1) insert—
After subsection (3) insert—
Section 39 (interpretation of Part 3) is amended as follows.
In subsection (1)—
in paragraph (b) of the definition of “the appropriate national authority”, for “National Assembly for Wales” substitute “ Welsh Ministers ”;
at the appropriate place insert—.
In subsection (3), after “power” insert “ of the Secretary of State or the Welsh Ministers ”.
After subsection (5) insert—
This paragraph applies to a permit scheme prepared by a local highway authority in England or a strategic highways company which, by virtue of an order made by the Secretary of State under section 34(4) of the Traffic Management Act 2004, has effect immediately before the date on which paragraphs 4 to 10 come into force.
On and after that date, the scheme is to be treated as if it had effect by virtue of an order made by the local highway authority or a strategic highways company under section 33A(2) of that Act.
In consequence of the amendments made by paragraph 5, in the Infrastructure Act 2015, in Schedule 1, omit paragraph 148.
Road humps
The Highways Act 1980 is amended as follows.
In section 90A (construction of road humps by highway authority), in subsection (1)(b), for “the Secretary of State” substitute “ the appropriate national authority ”.
Section 90B (additional powers of Secretary of State and Welsh Ministers) is amended as follows.
In subsection (1)—
in the opening words, for “Secretary of State” substitute “ Welsh Ministers ”;
in the opening words, for “he is” substitute “ they are ”;
in paragraph (b), for “him” substitute “ them ”;
in the closing words, for “him” substitute “ them ”.
After subsection (1) insert—
In subsection (3)—
for “Secretary of State”, in the first place those words occur, substitute “ Welsh Ministers ”;
for “Secretary of State has” substitute “ Welsh Ministers have ”.
In subsection (4), for “Secretary of State” substitute “ Welsh Ministers ”.
In subsection (5), for “Secretary of State so directs” substitute “ Welsh Ministers so direct ”.
In subsection (6)—
for “Secretary of State” substitute “ Welsh Ministers ”;
for “his” substitute “ their ”.
In the heading, for “Secretary of State” substitute “ Welsh Ministers ”.
Section 90C (road humps: consultation and local inquiries) is amended as follows.
In subsection (1)—
for the words from “Where the Secretary of State” to “he, it or they” substitute “ Where a highway authority proposes to construct a road hump under section 90A, or the Welsh Ministers propose to construct a road hump under section 90B, the highway authority or the Welsh Ministers (as the case may be) ”;
omit paragraph (a) and the “and” following it;
in paragraph (b)—
omit “other”;
for “the Secretary of State” substitute “ the appropriate national authority ”.
For subsection (2) substitute—
Omit subsections (3) to (5).
In subsection (6)—
for “the Secretary of State” substitute “ the appropriate national authority ”;
for “he” substitute “ it ”.
Section 90D (regulations concerning construction and maintenance of road humps) is amended as follows.
In subsection (1)—
for “The Secretary of State” substitute “ The appropriate national authority ”;
for “him” substitute “ the appropriate national authority ”.
In subsection (3)—
for “the Secretary of State” substitute “ the appropriate national authority ”;
for “he” substitute “ it ”.
In subsection (4)—
for “the Secretary of State” substitute “ the appropriate national authority ”;
for “him” substitute “ the appropriate national authority ”.
Section 90E (status of road humps) is amended as follows.
In subsection (1B)(a), for “the Secretary of State” substitute “ the appropriate national authority ”.
In subsection (2), in paragraph (a), for “the Secretary of State” substitute “ the appropriate national authority ”.
In section 90F (meaning of “road hump” and interpretation of sections 90A to 90E), in subsection (2), after “In sections 90A to 90E above—” insert—.
After section 90F insert—
In section 325 (provisions as to regulations, schemes and orders), after subsection (2A) insert—
In consequence of the amendments made by paragraph 16, in the Infrastructure Act 2015, in Schedule 1, omit paragraph 26.
Pedestrian crossings: removal of requirement to inform Secretary of State
In section 23(2) of the Road Traffic Regulation Act 1984—
omit paragraph (c) (which requires that the Secretary of State or, in relation to Wales, the Welsh Ministers be informed in writing before certain pedestrian crossings are established or removed etc);
omit the “and” before that paragraph.
Off-road motoring events
In section 13A(1) of the Road Traffic Act 1988 (list of motoring offences which do not apply for authorised off-road motoring events), after “2” insert “ , 2B ”.
Testing of vehicles
In section 52 of the Road Traffic Act 1988 (supplementary provisions about tests etc of goods vehicles), in subsection (2) (which confers power on the Secretary of State to provide and maintain stations and apparatus for the carrying out of examinations of certain goods vehicles), for the words from “provide and maintain” to the end of the subsection substitute
In subsection (1), after paragraph (j) insert—.
In that subsection, omit the “and” at the end of paragraph (k) and insert—.
In that subsection, after paragraph (l) insert
In subsection (4), after “subsection (1)(j)” insert “ or (ja) ”.
In subsection (1), after paragraph (k) insert—.
In that subsection, after paragraph (ka) (as inserted by sub-paragraph (2)) insert—.
After subsection (1) insert—
Rail vehicle accessibility regulations: exemption orders
The Equality Act 2010 is amended as follows.
Section 183 (exemptions from rail vehicle accessibility regulations) is amended as follows.
Omit subsection (3) (power to make regulations as to exemption orders: applications etc).
After subsection (6) insert—
In consequence of paragraph 29—
omit section 184 (procedure for making exemption orders);
in section 185 (annual report on exemption orders)—
omit subsection (1)(b);
in subsection (2)(b), for “sections 183(4) and 184(2)” substitute “ section 183(4) ”;
in section 208 (Ministers of the Crown, etc)—
omit subsection (5)(g);
omit subsection (7)(a).
This paragraph applies to an exemption order made by statutory instrument under section 183(1) of the Equality Act 2010, or treated as so made, before the date on which paragraph 29(3) comes into force.
The order is to be treated as having been made otherwise than by statutory instrument; but is to be as capable of being amended or revoked as an order made by statutory instrument.
Enforcement of transport legislation
Drink and drug driving offences
Removal of “statutory option” to have breath specimen replaced: road and rail transport
In section 8 of the Road Traffic Act 1988 (choice of specimens of breath), omit subsections (2), (2A), (3) and (4).
The amendments in sub-paragraphs (3) to (5) are made in consequence of sub-paragraph (1).
In the Road Traffic Act 1988—
for the heading of section 8 substitute “ Breath specimen showing higher alcohol level to be disregarded ”;
in section 8(1), omit “Subject to subsection (2) below,”;
in section 195(3), omit “8(3),”;
in section 195(4), omit “8(3),”;
in section 195(4A), omit “8(3) or”.
In the Serious Organised Crime and Police Act 2005, omit section 154(7).
In the Scotland Act 2012, omit section 20(2) to (4).
In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of railways etc: offences involving drink or drugs), in section 32 (choice of specimens of breath), omit subsections (2) to (4).
In consequence of sub-paragraph (1), for the heading of that section substitute “ Breath specimen showing higher alcohol level to be disregarded ”.
No need for preliminary breath test before evidential breath test: road transport
The Road Traffic Act 1988 is amended as follows.
In section 7 (provision of specimens for analysis), for subsection (2) substitute—
Omit subsections (2A) and (2B).
After subsection (2C) insert—
After subsection (5) insert—
Removing restriction that evidential breath test must be taken at police station: rail transport
In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of railways etc: offences involving drink or drugs), section 31 (provision of specimens for analysis) is amended as follows.
For subsection (2) substitute—
After subsection (7) insert—
Health care professionals advising whether condition is due to drugs: road and rail transport
In section 7 of the Road Traffic Act 1988 (provision of specimens for analysis), in subsection (3)(c) (medical advice that person's condition might be due to drugs), after “advised by a medical practitioner” insert “ or a registered health care professional ”.
In section 31 of the Transport and Works Act 1992 (provision of specimens for analysis)—
in subsection (4)(c) (medical advice that person's condition might be due to drugs), after “advised by a medical practitioner” insert “ or a registered health care professional ”;
omit subsections (9A), (9B) and (9C).
Further extension of role of health care professionals: road and rail transport
The Road Traffic Act 1988 is amended in accordance with paragraphs 8 and 9.
Section 7A (specimens of blood taken from persons incapable of consenting) is amended as follows.
In subsections (1) and (2)(a), for “a medical practitioner” substitute “ a medical or health care practitioner ”.
In subsection (2)(b), for “a medical practitioner other than a police medical practitioner” substitute “ a practitioner other than a police medical or health care practitioner ”.
In subsection (2)(b)(i), for “to made to a police medical practitioner” substitute “ to be made to a police medical or health care practitioner ”.
In subsection (2)(b)(ii), omit “medical”.
In subsection (3), for “a medical practitioner” substitute “ a medical or health care practitioner ”.
For subsection (7) substitute—
In section 11 (interpretation), in subsection (4) (providing a specimen of blood), omit “by a medical practitioner or, if it is taken in a police station,”.
In consequence of paragraphs 8 and 9, in section 15 of the Road Traffic Offenders Act 1988 (use of specimens in proceedings for certain offences under the Road Traffic Act), in subsection (4) (circumstances in which specimen of blood is to be disregarded)—
in paragraph (a), for the words from “and either” to the end of the paragraph substitute “ by a medical practitioner or a registered health care professional ”;
in paragraph (b), after “medical practitioner” insert “ or a registered health care professional ”.
The Transport and Works Act 1992 is amended in accordance with paragraphs 12 and 13.
Section 31A (specimens of blood taken from persons incapable of consenting) is amended as follows.
In subsections (1) and (2)(a), for “a medical practitioner” substitute “ a medical or health care practitioner ”.
In subsection (2)(b), for “a medical practitioner other than a police medical practitioner” substitute “ a practitioner other than a police medical or health care practitioner ”.
In subsection (2)(b)(i), for “to made to a police medical practitioner” substitute “ to be made to a police medical or health care practitioner ”.
In subsection (2)(b)(ii), omit “medical”.
In subsection (3), for “a medical practitioner” substitute “ a medical or health care practitioner ”.
For subsection (7) substitute—
In section 38 (interpretation of Chapter 1), in subsection (5)(b) (providing a specimen of blood), omit “by a medical practitioner or, if it is taken in a police station,”.
Application of Road Traffic Act provisions in shipping regime
In Part 4 of the Railways and Transport Safety Act 2003 (shipping: alcohol and drugs), section 83 (specimens, etc) is amended as follows.
After subsection (1) (but before the table) insert—
The table is amended as follows.
In the entry for sections 6A to 6E of the Road Traffic Act 1988, in the third column, at the end insert—
In the entry for section 7 of the Road Traffic Act 1988, in the third column—
after the first sentence insert—;
in the last sentence, for “or 4” substitute “ , 4 or 5A ”.
In the entry for section 8 of the Road Traffic Act 1988, in the second column, for “Choice of specimen of breath” substitute “ Breath specimen showing higher alcohol level to be disregarded ”.
In the entry for section 10 of the Road Traffic Act 1988, in the third column—
in paragraph (b), for “or 5” substitute “ , 5 or 5A ”;
before the last sentence insert—
In the entry for section 15 of the Road Traffic Offenders Act 1988, in the third column—
after the first sentence insert—;
after the last sentence insert—
In Schedule 22 to the Crime and Courts Act 2013 (drugs and driving: minor and consequential amendments), omit paragraphs 8 and 14.
Application of Road Traffic Act provisions in aviation regime
In Part 5 of the Railways and Transport Safety Act 2003 (aviation: alcohol and drugs), section 96 (specimens, etc) is amended as follows.
After subsection (1) (but before the table) insert—
The table is amended as follows.
In the entry for sections 6A to 6E of the Road Traffic Act 1988, in the third column, at the end insert—
In the entry for section 7 of the Road Traffic Act 1988, in the third column—
after the first sentence insert—;
in the last sentence, for “or 4” substitute “ , 4 or 5A ”.
In the entry for section 8 of the Road Traffic Act 1988—
in the second column, for “Choice of specimen of breath” substitute “ Breath specimen showing higher alcohol level to be disregarded ”;
omit the words in the third column.
In the entry for section 10 of the Road Traffic Act 1988, in the third column—
in paragraph (b), for “or 5” substitute “ , 5 or 5A ”;
before the last sentence insert—
In the entry for section 15 of the Road Traffic Offenders Act 1988, in the third column—
after the first sentence insert—;
after the last sentence insert—
Bus lane contraventions
Until the relevant day, section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) has effect as if in subsection (3)(b), for the words from “made an order” to the end of the paragraph there were substituted “ notified the authority in writing that it is an approved local authority for the purposes of this section (and has not withdrawn that notice). ”
Sub-paragraph (2) applies to any authority which, immediately before paragraph 17 comes into force, is specified in an order under section 144(3)(b) of the Transport Act 2000 as an approved local authority for the purposes of section 144 of that Act.
The authority is to be treated, on and after the date on which paragraph 17 comes into force, as having been notified in writing by the Secretary of State that it is an approved local authority for the purposes of section 144 of the Transport Act 2000.
In paragraph 9 of Schedule 8 to the Traffic Management Act 2004 (designation of civil enforcement areas for bus lane contraventions), after sub-paragraph (3) insert—
Household waste: London
The London Local Authorities Act 2007 is amended as follows.
In section 20 (regulations relating to receptacles for household waste), in subsection (9), for “46(2) to (6)” substitute “ 46(2) to (5) ”.
After section 20 insert—
Section 23 (regulations relating to receptacles for waste: enforcement) is amended as follows.
In subsection (2), omit “subsection (1) of section 20 (regulations relating to receptacles for household waste) or”.
In subsection (4)—
omit paragraph (e);
in paragraph (f), omit “subsection (4) of the said section 20 or” and omit “as the case may be”.
In the heading, after “receptacles for” insert “ commercial or industrial ”.
Other measures relating to animals, food and the environment
Destructive imported animals
Destructive Imported Animals Act 1932 (c. 12)
Section 10 of the Destructive Imported Animals Act 1932 (power to extend provisions of Act to other destructive non-indigenous animals) is amended as follows.
In subsection (1), after “and to destroy any which may be at large” insert “ or keep under review whether any which may be at large should be destroyed ”.
After subsection (1) insert—
Grey Squirrels (Prohibition of Importation and Keeping) Order 1937 (S.I. 1937/478)
Article 1 of the Grey Squirrels (Prohibition of Importation and Keeping) Order 1937 is amended as follows.
The existing text becomes paragraph (1).
After that paragraph insert—
Farriers
Constitution of Farriers Registration Council
In Part 1 of Schedule 1 to the Farriers (Registration) Act 1975 (constitution of the Farriers Registration Council), in paragraph 1(f)—
for “The Jockey Club” substitute “ The British Horseracing Authority Limited ”;
for “The Council for Small Industries in Rural Areas” substitute “ Lantra (the company registered in England and Wales with the company registration number 2823181) ”.
Joint waste authorities
Removal of power to establish joint waste authorities in England
In the Local Government and Public Involvement in Health Act 2007, in Part 11 (joint waste authorities), omit sections 205 to 208 (provisions relating to the establishment of joint waste authorities in England).
The provisions repealed by paragraph 4 continue to have effect for the purposes of the exercise by the Welsh Ministers of the power conferred on them by section 210 of the Local Government and Public Involvement in Health Act 2007 (power by order to make provision in relation to Wales applying any provisions of sections 205 to 208 with modifications).
The following amendments are made in consequence of paragraph 4.
In the Landlord and Tenant Act 1954, in section 69(1), in the definition of “local authority”, omit the words from “an authority” to “(joint waste authorities),”.
In the Trustee Investments Act 1961, in section 11(4)(a), omit the words from “, an authority” to “(joint waste authorities)”.
In the Leasehold Reform Act 1967, in section 28(5)(a), omit the words from “any authority” to “(joint waste authorities),”.
In the Employers' Liability (Compulsory Insurance) Act 1969, in section 3(2)(b), omit the words from “an authority” to “(joint waste authorities),”.
In the Local Authorities (Goods and Services) Act 1970, in section 1(4), in the definition of “local authority”, omit the words from “, any authority” to “(joint waste authorities)”.
In the Local Government Act 1972—
in section 70(1) and (3), for “, combined authority or joint waste authority” substitute “ or combined authority ”;
in section 80(2)(b), omit “, joint waste authority”;
in section 85(4), for “, a combined authority and a joint waste authority” substitute “ and a combined authority ”;
in section 86(2), for “, a combined authority and a joint waste authority” substitute “ and a combined authority ”;
in section 92, omit subsections (7A) and (7B);
in section 100J—
in subsection (1), omit paragraph (ba);
in subsection (2), omit “(ba),”;
in subsection (2B), omit paragraph (a);
in subsection (3), omit “(ba),”;
in subsection (4)(a), omit “, a joint waste authority”;
in section 101(13), omit “a joint waste authority,”;
in section 146A(1), omit “a joint waste authority,”;
in section 175(3B), omit “, a joint waste authority”;
in section 176(3), omit “, a joint waste authority”;
in section 223(2), omit “a joint waste authority,”;
in section 224(2), for “, combined authority or joint waste authority” substitute “ or combined authority ”;
in section 225(3), for “, a combined authority and a joint waste authority” substitute “ and a combined authority ”;
in section 228, omit subsection (7B);
in section 229(8), omit “, a joint waste authority”;
in section 230(2), for “, a combined authority and a joint waste authority” substitute “ and a combined authority ”;
in section 231(4), omit “, a joint waste authority”;
in section 232(1A), omit “, a joint waste authority”;
in section 233(11), omit “, a joint waste authority”;
in section 234(4), omit “, a joint waste authority”;
in section 239(4A), for “, a combined authority and a joint waste authority” substitute “ and a combined authority ”;
in section 270(1), omit the definition of “joint waste authority”.
In the Employment Agencies Act 1973, in section 13(7), omit paragraph (fza).
In the Local Government Act 1974—
in section 25(1), omit paragraph (cd);
in section 26C(6), omit paragraph (d).
In the Health and Safety at Work etc. Act 1974, in section 28(6), omit the words from “, an authority” to “(joint waste authorities)”.
In the Local Government (Miscellaneous Provisions) Act 1976, in section 44(1), in the definition of “local authority”—
in paragraph (a), omit the words from “, an authority” to “(joint waste authorities)”;
in paragraph (c), omit the words from “an authority” (in the second place where it occurs) to “(joint waste authorities),”.
In the Rent (Agriculture) Act 1976, in section 5(3), omit paragraph (bba).
In the Rent Act 1977, in section 14(1), omit paragraph (cba).
In the Local Government, Planning and Land Act 1980—
in section 2(1), omit paragraph (kaa);
in section 98(8A), omit paragraph (ea) (but not the “and” following it);
in section 99(4), omit paragraph (dba);
in section 100(1)(a), for the words from “, a combined authority” to “(joint waste authorities)” substitute “ or a combined authority established under section 103 of that Act ”;
in Schedule 16, omit paragraph 5BA.
In the Acquisition of Land Act 1981, in section 17(4), in paragraph (a) of the definition of “local authority”, for the words from “, a combined authority” to the end of the paragraph substitute “ or a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 ”.
In the Local Government (Miscellaneous Provisions) Act 1982—
in section 33(9)(a), for the words from “, a combined authority” to “(joint waste authorities)” substitute “ or a combined authority established under section 103 of that Act ”;
in section 33(9)(b), for “, combined authority or joint waste authority” substitute “ or combined authority ”;
in section 41(13), in the definition of “local authority”, omit paragraph (ea) (but not the “and” following it).
In the Stock Transfer Act 1982, in Schedule 1, in paragraph 7(2)(a), omit the words from “, an authority” to “(joint waste authorities)”.
In the County Courts Act 1984, in section 60(3), in the definition of “local authority”, omit the words from “an authority” to “(joint waste authorities),”.
In the Housing Act 1985, in section 4—
in subsection (1)(e), omit “, a joint waste authority” (in both places it occurs);
in subsection (2), omit the definition of “joint waste authority”.
In the Landlord and Tenant Act 1985, in section 38, in the definition of “local authority”, omit the words from “, an authority” to “(joint waste authorities)”.
In the Housing Act 1988, in Schedule 1, in paragraph 12(1), omit paragraph (fa).
In the Road Traffic Act 1988, in section 144(2)(a)(i), omit the words from “an authority” to “(joint waste authorities),”.
In the Local Government and Housing Act 1989—
in section 21(1), omit paragraph (ga);
in section 152(2), omit paragraph (ia).
In the Environmental Protection Act 1990, in section 52(1A), omit the words from “or any authority” to the end of the subsection.
In the Local Government (Overseas Assistance) Act 1993, in section 1(10), omit paragraph (da).
In the Deregulation and Contracting Out Act 1994, in section 79A, omit paragraph (p).
In the Housing Grants, Construction and Regeneration Act 1996, in section 3(2), omit paragraph (ja).
If paragraph 4 comes into force before the coming into force of the repeal of the Audit Commission Act 1998 by section 1(2) of the Local Audit and Accountability Act 2014, Schedule 2 to the Act of 1998 is to have effect (until the repeal comes into force) as if, in paragraph 1, paragraph (ma) were omitted.
In the Local Government Act 1999, in section 1(1), omit paragraph (ga).
In the Freedom of Information Act 2000, in Schedule 1, omit paragraph 15A.
In the Local Government Act 2003—
in section 23(1), omit paragraph (ka);
in section 33(1), omit paragraph (ja).
In the Waste and Emissions Trading Act 2003, in section 24—
in subsection (5), for the words before “ “waste disposal authority”” substitute “ In this Chapter ”;
omit subsections (6) and (7).
In the Local Government and Public Involvement in Health Act 2007—
in section 104(2), omit paragraph (g);
omit sections 209 and 211 and Schedule 13;
in section 240(6), omit “, 207”.
In the Local Democracy, Economic Development and Construction Act 2009—
in section 35(2), omit paragraph (m);
in section 123(2), omit paragraph (f).
In the Energy Act 2013, in Part 3 of Schedule 9, in the definition of “local authority” in paragraph 14(3), omit paragraph (b).
In the Local Audit and Accountability Act 2014, in Schedule 2, omit paragraph 25.
Air quality
Removal of duty to conduct further air quality assessments
In the Environment Act 1995, in section 84 (duties of local authorities in relation to designated areas)—
omit subsection (1) (duty of local authority to cause further assessment to be made in relation to air quality in designated air quality management area);
in subsection (2), for the words from the beginning to “to” at the beginning of paragraph (b) substitute “ Where an order under section 83 above comes into operation, the local authority which made the order shall ”.
The following amendments are made in consequence of paragraph 7.
In the Environment Act 1995—
in section 86(2)(b), omit “or 84”;
in section 91(1), in the definition of “action plan”, for “84(2)(b)” substitute “ 84(2) ”;
in Schedule 11, in paragraphs 1(1)(b) and 4(2)(b), omit “or 84”.
Noise abatement zones
Removal of power of local authorities to designate area as noise abatement zone
Part 3 of the Control of Pollution Act 1974 (noise) is amended in accordance with paragraphs 10 to 14.
Omit section 57 (local authority duty to conduct periodical inspections to decide how to exercise powers concerning noise abatement zones).
Omit section 69 (execution of works by local authority).
In section 73 (interpretation and other supplementary provisions)—
in subsection (1), omit the definitions of “noise abatement order”, “noise abatement zone”, “noise level register”, “noise reduction notice” and “person responsible”;
Omit Schedule 1 (provisions applying to coming into operation of noise abatement orders).
The following repeals are made in consequence of paragraphs 11 and 14.
In the Control of Pollution Act 1974, in section 104(1), omit the words from “(except sections” to “65(6))”.
In the Local Government, Planning and Land Act 1980, in Schedule 2, omit paragraphs 14 and 18.
In the Environmental Protection Act 1990, in Schedule 15, omit paragraph 15(4).
Abolition of office of the Chief Executive of Skills Funding
Main amendments
Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 (the Chief Executive of Skills Funding) is amended as follows.
Omit section 81 (the Chief Executive of Skills Funding) and the italic cross-heading before it.
Omit section 82 (apprenticeship functions) and the italic cross-heading before it.
In section 83 (apprenticeship training for certain young persons), in each of subsections (1) to (3), for “Chief Executive” substitute “ Secretary of State ”.
Section 83A (the apprenticeship offer) is amended as follows.
In each of subsections (1) and (9), for “Chief Executive” substitute “ Secretary of State ”.
Omit subsection (10).
In section 83B (limit on scope of the apprenticeship offer), in each of subsections (1) and (5), for “Chief Executive” substitute “ Secretary of State ”.
Omit section 84 (arrangements and co-operation with local authorities).
Section 86 (education and training for persons aged 19 or over and others subject to adult detention) is amended as follows.
In subsection (1), for the words from “The” to “facilities” substitute “ The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate ”.
Omit subsections (3), (4) and (8).
Section 87 (learning aims for persons aged 19 or over: provision of facilities) is amended as follows.
In subsection (1), for the words from “The” to “facilities” substitute “ The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate ”.
In subsection (3)(b), for “Chief Executive” substitute “ Secretary of State ”.
Omit subsections (4) and (5).
In section 88 (learning aims for persons aged 19 or over: payment of tuition fees), in each of subsections (1), (2), (2A), (3), (4) and (6)(a), for “Chief Executive” substitute “ Secretary of State ”.
In section 90 (encouragement of education and training for certain persons), in subsection (1)—
for “Chief Executive” substitute “ Secretary of State ”;
for “Chief Executive's remit” (in each place where it occurs) substitute “ Secretary of State's remit under this Part ”.
Section 100 (provision of financial resources) is amended as follows.
In subsection (1)—
in the opening words, for “Chief Executive” substitute “ Secretary of State ”;
in paragraph (a), for “Chief Executive's remit” substitute “ Secretary of State's remit under this Part ”;
omit paragraph (f).
Omit subsection (2).
In subsection (3)—
in the opening words, for “Chief Executive” substitute “ Secretary of State ”;
in paragraph (c), for “Chief Executive” substitute “ Secretary of State ”.
In subsection (4), for “Chief Executive” substitute “ Secretary of State ”.
Section 101 (financial resources: conditions) is amended as follows.
In subsection (1), for “by the Chief Executive” substitute “ by the Secretary of State under section 100 ”.
In subsection (3)—
in paragraph (a), for “Chief Executive” (in each place where it occurs) substitute “ Secretary of State ”;
in paragraph (b)—
for “Chief Executive” (in each place where it occurs) substitute “ Secretary of State ”;
for “the functions of the office” substitute “ functions under this Part ”.
In subsection (6)—
in paragraph (a), for “Chief Executive” (in each place where it occurs) substitute “ Secretary of State ”;
in paragraph (b), for “Chief Executive” substitute “ Secretary of State ”.
Section 102 (performance assessments) is amended as follows.
In subsection (1)—
for “Chief Executive” substitute “ Secretary of State ”;
for “Chief Executive's remit” substitute “ Secretary of State's remit under this Part ”.
In subsection (2), for “Chief Executive” substitute “ Secretary of State ”.
Section 103 (means tests) is amended as follows.
In subsection (1), for “The Chief Executive” substitute “ For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of State ”.
Omit subsection (2).
In section 105 (promoting progression from level 2 to level 3 apprenticeships), in each of subsections (1) and (6), for “Chief Executive” substitute “ Secretary of State ”.
Omit section 106 (advice and assistance in relation to apprenticeships).
Section 107 (provision of services) is amended as follows.
In each of subsections (1) and (3) for “Chief Executive” (in each place where it occurs) substitute “ Secretary of State ”.
In subsection (4), omit paragraph (a).
Omit subsection (5).
In subsection (6), for “Chief Executive” substitute “ Secretary of State ”.
Omit section 110 (research, information and advice) and the italic cross-heading before it.
Omit section 111 (power to confer supplementary functions on Chief Executive).
In section 115 (persons with special educational needs), in subsection (1)—
for “Chief Executive” substitute “ Secretary of State ”;
for “the functions of the office” substitute “ functions under this Part ”.
In section 116 (persons subject to adult detention)—
for “Chief Executive” substitute “ Secretary of State ”;
for “the functions of the office” substitute “ functions under this Part ”.
Omit sections 117 to 120 (information, guidance and directions).
Before section 121 (in Chapter 4) insert—
Section 121 (interpretation) is amended as follows.
In subsection (1), omit the definition of “functions of the office”.
In each of subsections (2) and (3), for “the Chief Executive's remit” substitute “ the Secretary of State's remit under this Part ”.
In section 122 (sharing of information for education and training purposes)—
omit subsection (3)(a), (c), (d) and (e);
in subsection (3)(f), for “any person within paragraphs (a) to (c)” substitute “ the Secretary of State ”;
omit subsection (5)(a);
omit subsection (6).
Omit Schedule 4 (which makes provision for the establishment etc of the office of the Chief Executive).
In Schedule 5 (learning aims for persons aged 19 or over)—
in paragraph 3(2), for “Chief Executive” (in each place where it occurs) substitute “ Secretary of State ”;
in paragraph 8, omit paragraph (a).
In consequence of the amendments made by this Schedule to Part 4—
for the title of the Part substitute “ Apprenticeships and adult education and training: role of Secretary of State ”;
for the title of Chapter 1 substitute “ Apprenticeships and adult education and training ”;
for the title of Chapter 2 substitute “ Provision of services to other bodies ”;
in the title of Chapter 3, omit “Chief Executive's functions:”.
Consequential Amendments
Parliamentary Commissioner Act 1967 (c.13)
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit the entry for the Chief Executive of Skills Funding.
Education (Fees and Awards) Act 1983 (c.40)
In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities and other further education establishments), in subsection (3)(f), omit “or the Chief Executive of Skills Funding”.
Employment Act 1988 (c.19)
In section 26 of the Employment Act 1988 (status of trainees etc), in subsection (1A), omit paragraph (b) (but not the “or” following it).
Education Reform Act 1988 (c.40)
In section 128 of the Education Reform Act 1988 (dissolution of higher education corporations), in subsection (1), omit paragraph (b)(iia).
Further and Higher Education Act 1992 (c.13)
The Further and Higher Education Act 1992 is amended as follows.
In section 54 (duty to give information), in subsection (1)—
for “the Chief Executive of Skills Funding” substitute “ the Secretary of State ”;
for “as the Chief Executive” substitute “ as the Secretary of State ”;
for the words from “for the purposes of” to “or (as the case may be)” substitute “ for the purposes of the exercise of any of the functions of the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 or (as the case may be) for the purposes of the exercise of any of the functions of ”.
Omit section 61A (references to appropriate bodies).
In section 82 (joint exercise of functions), in subsection (3)(a), omit “the Chief Executive of Skills Funding,”.
In section 83 (efficiency studies), in the Table inserted by subsection (1B), in the first column, for “The Chief Executive of Skills Funding” substitute “ The Secretary of State ”.
Value Added Tax Act 1994 (c.23)
In Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemptions), Group 6 is amended as follows.
In item 5A, omit paragraph (b), and the “or” following it.
After item 5B insert—
In the Notes to Group 6, in Note (5A), for “and 5B” substitute “ to 5C ”.
Education Act 1996 (c.56)
The Education Act 1996 is amended as follows.
In section 13 (general responsibility for education), in subsection (2)(a), for “the Chief Executive of Skills Funding” substitute “ the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 ”.
In section 15ZA (duty in respect of education and training for persons over compulsory school age: England), in subsection (5), for “the Chief Executive of Skills Funding” substitute “ the Secretary of State ”.
Learning and Skills Act 2000 (c.21)
In section 144 of the Learning and Skills Act 2000 (designated institutions: disposal of land, &c), in subsection (9)—
in paragraph (a), omit “for the purposes of a sixth form college”;
omit paragraph (aa).
Education Act 2002 (c.32)
In section 183 of the Education Act 2002 (transfer of functions relating to allowances under section 181), in subsection (1)—
omit paragraph (a);
omit the “or” at the end of paragraph (aa).
Education Act 2005 (c.18)
The Education Act 2005 is amended as follows.
In section 92 (joint exercise of functions), in subsection (2), omit “, the Chief Executive of Skills Funding”.
In section 108 (supply of information: education maintenance allowances), in subsection (3), omit paragraph (b).
Education and Inspections Act 2006 (c.40)
The Education and Inspections Act 2006 is amended as follows.
In section 123 (education and training to which this Chapter applies), in subsection (1), in each of paragraphs (b), (c) and (g), omit “or the Chief Executive”.
In section 124 (inspection of education and training to which this Chapter applies), in subsection (5), omit paragraph (ba).
In section 125 (inspection of further education institutions), in subsection (5), omit paragraph (ba) (but not the “and” following it).
In section 126 (other inspections), in subsection (4), omit paragraph (ba).
In section 128 (area inspections), in subsection (3), omit paragraph (aa) (but not the “or” following it).
In section 129 (reports of area inspections), in subsection (2), omit paragraph (ba) (but not the “and” following it).
Section 130 (action plans following area inspections) is amended as follows.
Omit subsection (2).
In subsection (4)—
omit “(2) or”;
omit “the Chief Executive or”.
In subsection (5), omit “Chief Executive or the”.
In section 159 (interpretation of Part 8), in subsection (1), omit the definition of “the Chief Executive”.
Local Government and Public Involvement in Health Act 2007 (c.28)
In section 104 of the Local Government and Public Involvement in Health Act 2007 (application of Chapter: partner authorities), in subsection (4), omit paragraph (f).
Education and Skills Act 2008 (c.25)
The Education and Skills Act 2008 is amended as follows.
In section 72 (educational institutions), in subsection (5), in paragraph (f) of the definition of “educational institution”, for “the Secretary of State or the Chief Executive of Skills Funding” substitute “ or the Secretary of State ”.
In section 77 (supply of information by public bodies), omit subsection (2)(ba).
In section 132 (providers of independent education or training for 16 to 18 year olds), in subsection (2)(b)(iv), omit “or the Chief Executive of Skills Funding”.
Education Act 2011 (c.21)
In the Education Act 2011, omit the following—
section 30(8);
section 70;
section 72;
in Schedule 18, paragraphs 4 and 6.
Further and higher education: reduction of burdens
Measures applying to England and Wales
Control of interest rates on loans
In the Further Education Act 1985, omit section 3 (which confers powers on the Secretary of State and the Welsh Ministers to determine the minimum rate of interest on loans made under that Act by local authorities to certain bodies providing education etc).
Powers of Secretary of State in relation to local authority maintained institutions
The Education (No. 2) Act 1986 is amended as follows.
Omit section 61 (which makes provision about the minimum age for governors of higher or further education institutions maintained by local authorities and about the participation of students in proceedings of governing bodies of such institutions).
Omit section 62 (which confers powers on the Secretary of State and the Welsh Ministers to make provision by regulations requiring governing bodies of higher or further education institutions maintained by local authorities to make documents and information relating to the governing bodies available).
The Education Reform Act 1988 is amended as follows.
Omit section 158 (which requires the governing bodies of institutions providing full-time education which are maintained by local authorities in the exercise of their higher or further education functions to make reports and returns etc to the Secretary of State or the Welsh Ministers on request).
Omit section 159 (which confers powers on the Secretary of State and the Welsh Ministers to make provision by regulations requiring local authorities to publish information relating to institutions providing full-time education which are maintained by the authorities in the exercise of their higher or further education functions).
Omit section 219 (which confers default powers etc on the Secretary of State and the Welsh Ministers in relation to governing bodies of institutions maintained by local authorities and providing higher or further education).
Transfer of property etc
The Further and Higher Education Act 1992 is amended as follows.
Omit section 34 (which confers power on the Secretary of State and the Welsh Ministers by order to provide for property of a local authority to be made available for use by institutions within the further education sector).
In consequence of sub-paragraphs (2) to (4)—
in section 19(4)(c), for “23” substitute “ 27 ”;
omit section 35;
omit section 36;
omit section 38;
omit section 58;
in section 84—
in subsection (1)(a), omit “Part 1 of this Act or”;
in subsection (2), omit “Part 1 of this Act or, as the case may be,”;
in section 88(1)—
omit “23, 25,”;
omit “32,”;
in section 88A(1)—
omit “25,”;
omit “32,”;
omit Schedule 5.
Measures applying to England only
Control of governance of designated institutions conducted by companies
Section 31 of the Further and Higher Education Act 1992 (which confers powers on the Secretary of State and the Welsh Ministers to give directions for the purpose of securing that the articles of association etc of institutions designated under section 28 of that Act and conducted by companies are amended as specified in the directions) ceases to have effect in relation to England.
Accordingly, in section 31(1), after “designated institution”, insert “ in Wales ”.
Conversion of sixth form college corporations into further education corporations
In section 33D of the Further and Higher Education Act 1992 (conversion of sixth form college corporations into further education corporations)—
omit subsection (2)(b) (which confers power on the Secretary of State to covert a sixth form college corporation established in England into a further education corporation if satisfied that it is no longer appropriate for the body to be a sixth form college corporation), and the “or” before it;
omit subsection (4) (which makes provision about consultation before the exercise of the power for that purpose).
Powers of Secretary of State in relation to local authority maintained institutions
In section 56A of the Further and Higher Education Act 1992 (intervention powers of the Secretary of State in relation to England), for subsection (1) substitute—
Regulation of qualification requirements for teaching staff and principals
The following provisions of the Education Act 2002 cease to have effect in relation to England—
section 136(a) (which allows regulations to be made prohibiting the provision of education at a further education institution by a person who does not have a specified qualification);
section 136(b) (which allows regulations to be made prohibiting the provision of education at a further education institution by a person unless the person is serving or has served a probationary period);
section 137 (which allows regulations to be made providing that a person may serve as the principal of a further education institution only if the person has a specified qualification);
section 138 (which makes further provision for the purposes of sections 136 and 137).
Accordingly, those provisions are amended as follows—
in section 136(a), after “further education institution” insert “ in Wales ”;
in section 136(b), after “further education institution” insert “ in Wales ”;
in section 137(1), after “further education institution” insert “ in Wales ”;
in section 138, omit subsection (2).
Schools: reduction of burdens
Responsibility for determining behaviour policy
Section 88 of the Education and Inspections Act 2006 (responsibility of governing body for discipline) is amended as follows.
Before subsection (1) insert—
In subsection (1), after “relevant school” insert “ in Wales ”.
In subsection (2), after “governing body” insert “ of a relevant school in Wales ”.
In subsection (4)—
omit paragraph (a), and the “and” following it;
in paragraph (b), omit “in relation to Wales,”.
omit subsection (2);
in subsection (3), omit “, so far as it is not determined by the governing body”.
Home-school agreements
In consequence of sub-paragraph (1)—
in section 138(4)(a) of that Act, omit “, 110(10)”;
in the Learning and Skills Act 2000, in Schedule 9, omit paragraph 85;
in the Education Act 2002, in Schedule 7, omit paragraph 9;
in the Education Act 2011, in Schedule 13, omit paragraph 10(9).
Determining school terms
Section 32 of the Education Act 2002 (responsibility for fixing dates of terms and holidays and times of sessions) is amended as follows.
Omit subsection (1).
In subsection (2), for the words from “In the case of” to “governing body” substitute “ The governing body of a maintained school in England ”.
In subsection (3), in paragraph (a), for “a school within subsection (1)” substitute “ a community, voluntary controlled or community special school in England ”.
Staffing matters
Section 35(8) of the Education Act 2002 (which requires local authorities etc to have regard to guidance in relation to certain staffing matters at community, voluntary controlled and community special schools and maintained nursery schools) ceases to have effect in relation to schools in England.
Accordingly, in section 35(8)—
after “local authority” insert “ in Wales ”;
after “maintained school” insert “ in Wales ”;
omit paragraph (a) and the “or” following it;
in paragraph (b), omit “in relation to Wales,”.
Section 36(8) of the Education Act 2002 (which requires local authorities etc to have regard to guidance in relation to certain staffing matters at foundation, voluntary aided and foundation special schools) ceases to have effect in relation to schools in England.
Accordingly, in section 36(8)—
after “local authority” insert “ in Wales ”;
after “maintained school” insert “ in Wales ”;
omit paragraph (a) and the “or” following it;
in paragraph (b), omit “in relation to Wales,”.
Publication of reports
The Education Act 2005 is amended in accordance with sub-paragraphs (2) to (4).
Omit the following provisions—
section 11C(4) (provision of copies of reports relating to the investigation of certain complaints about schools);
section 14A(4) (publication, and provision of copies, of interim statements about maintained schools).
In section 14, for subsection (4) (publication, and provision of copies, of reports of certain general school inspections) substitute—
In section 49, for subsection (4) (publication, and provision of copies, of reports relating to denominational education and collective worship at certain schools) substitute—
In Schedule 4 to the School Information (England) Regulations 2008 (S.I. 2008/3093) (specified information to be provided on a school's website), after paragraph 3 insert—
Part to be inserted as Part 5A of the Licensing Act 2003
Amendments consequential on section 69
Licensing Act 2003 (c. 17)
The Licensing Act 2003 is amended as follows.
In section 10 (sub-delegation of functions by licensing committee etc), omit subsection (4)(a)(xi).
In section 115 (period of validity of personal licence), omit subsection (2)(b) and (c).
In the italic heading before section 117 (application for grant or renewal of personal licence), omit “and renewal”.
In the heading, omit “or renewal”.
Omit subsection (1).
In subsection (2), after “An application” insert “ by an individual ”.
Omit subsections (3), (4) and (6).
Omit section 119 (licence continued pending renewal).
Omit section 121 (determination of application for renewal).
Section 122 (notification of determinations) is amended as follows.
In subsection (3), in the definition of “application” omit “or renewal”.
In the definition of “objection notice” in that subsection, omit “or 121, as the case may be”.
In section 123 (duty to notify licensing authority of convictions during application period), omit “or renewal” in subsections (1) and (4)(a).
Section 124 (convictions coming to light after grant or renewal) is amended as follows.
In the heading, omit “or renewal”.
In subsection (1), omit “or renewed”.
In subsection (7), omit “or renewal” (in each place where it occurs).
In section 128 (duty to notify court of personal licence), omit subsection (5)(a) and (c).
In section 134 (licensing authority's duty to update licence document), in subsection (1)(a), omit “121 or”.
In section 158 (false statements made for the purpose of the Licensing Act), in subsection (1)(d), omit “or renewal”.
In Schedule 3 (matters to be entered in licensing register), in paragraph (w), omit “or renewal”.
In Schedule 5 (appeals), paragraph 17 is amended as follows.
In sub-paragraph (1), omit paragraph (b) and the “, or” at the end of paragraph (a).
Omit sub-paragraph (3).
In sub-paragraph (5), omit “or renewal”.
Omit sub-paragraphs (9) to (11).
Police Reform and Social Responsibility Act 2011 (c. 13)
CLC practitioner services: consequential amendments
Administration of Justice Act 1985 (c. 61)
The Administration of Justice Act 1985 is amended as follows.
In section 16 (conditional licences), subsection (1) is amended as follows.
For paragraph (b) substitute—.
In paragraph (c), after “Part” insert “ or a licence in force under section 53 of the Courts and Legal Services Act 1990 ”.
In paragraph (ca), after “24A” insert “ (including that section as applied by section 53 of the Courts and Legal Services Act 1990) ”.
In paragraph (d), after “26” insert “ (including that section as applied by section 53 of the Courts and Legal Services Act 1990) ”.
In paragraph (ea), after “22” insert “ (including that section as applied by section 53 of the Courts and Legal Services Act 1990) ”.
Section 26 (proceedings in disciplinary cases) is amended as follows.
In subsection (2)—
in paragraph (a), after “licence” insert “ under this Part ”;
in paragraph (b), for “a licence under this Part” substitute “ any relevant licence ”;
in paragraph (c), after “licence” insert “ under this Part ”.
After subsection (8) insert—
Section 28 (revocation of licence on grounds of fraud or error) is amended as follows.
In subsection (1)—
after “a licence” insert “ under this Part ”;
for “the licence” substitute “ all of the relevant licences held by that person ”.
For subsection (2) substitute—
In subsection (3), for “a licence under this Part” substitute “ any relevant licence ”.
After subsection (6) insert—
Section 33A (administration of oaths by licensed conveyancers) is amended as follows.
In the heading, after “conveyancers” insert “ or licensed CLC practitioners ”.
In the section, after “conveyancers” insert “ or licensed CLC practitioners ”.
Section 34 (modification of existing enactments relating to conveyancing etc) is amended as follows.
In subsection (2), after “a recognised body” insert “ which is a conveyancing services body ”.
In subsection (2), after “conveyancer or” (in the second place it occurs) insert “ such a ”.
In subsection (3), after “body” insert “ which is a conveyancing services body ”.
After subsection (3) insert—
In section 39 (interpretation of Part 2), in subsection (1), at the appropriate place insert—.
In Schedule 3 (the Council for Licensed Conveyancers: supplementary provisions), in paragraph 2 (constitution of the Council), in sub-paragraph (1)(a)—
omit the “or” at the end of sub-paragraph (i);
after sub-paragraph (i) insert—.
In paragraph 3 (preliminary investigation by the Investigating Committee etc)—
omit the “or” at the end of sub-paragraph (1)(a)(ii);
after sub-paragraph (1)(aa) insert—.
In paragraph 3A (orders made by the Investigating Committee), in sub-paragraph (1)(b)—
after “3(1)(aa)” insert “ or (aaa) ”;
for “that paragraph” substitute “ paragraph 3(1)(aa) or (aaa) (as the case may be) ”.
In paragraph 4 (orders made by the Discipline and Appeals Committee), in sub-paragraph (2A)—
after “3(1)(aa)” insert “ or (aaa) ”;
for “sub-paragraph (ii) of that paragraph” substitute “ paragraph 3(1)(aa) or (aaa) (as the case may be) ”.
In paragraph 14 (examination of files), in sub-paragraph (1), after “(aa)” insert “ , (aaa) ”.
Courts and Legal Services Act 1990 (c. 41)
The Courts and Legal Services Act 1990 is amended as follows.
In section 75 (judges etc barred from legal practice), in paragraph (c), for “or licensed conveyancer” substitute “ , licensed conveyancer or licensed CLC practitioner ”.
In section 119 (interpretation), in subsection (1), at the appropriate place insert—.
Schedule 8 (licensed conveyancers) is amended as follows.
In the heading, after “CONVEYANCERS” insert “ AND LICENSED CLC PRACTITIONERS ”.
In paragraph 1 (general)—
for the definition of “advocacy licence” substitute—;
omit the definitions of—
“litigation licence”, and
“probate licence”.
In paragraph 4 (issue of licences), in sub-paragraph (3), for the words from “with respect” to “as they” substitute.
In paragraph 5 (conditional licences)—
for sub-paragraph (1)(b) substitute—;
in sub-paragraph (1)(c), for “a licence of that kind” substitute “ an advocacy, litigation or probate licence or a licence under Part 2 of the Act of 1985 ”;
in sub-paragraph (1)(d)—
after “1985” insert “ (including section 24A(1) as applied by section 53) ”;
in sub-paragraph (6), omit the “or” after paragraph (a);
in sub-paragraph (6)(b), at the beginning insert “ in the case of an applicant who is a licensed conveyancer, ”;
after sub-paragraph (6)(b) insert;
in sub-paragraph (6), after “paragraph (b)” insert “ or (c) ”.
After paragraph 6 insert—
For paragraph 8 and the cross-heading preceding it substitute—
Omit paragraph 9 (removal of disqualification from holding an advocacy, litigation or probate licence).
Omit paragraph 10 (revocation on grounds of error or fraud).
In paragraph 21 (power to examine files)—
in sub-paragraph (1)(a), after “conveyancer” insert “ or licensed CLC practitioner ”;
in sub-paragraph (1), for “the licensed conveyancer” (in both places where it occurs) substitute “ the person complained of ”.
In paragraph 22 (interest on clients' money), after “conveyancer” insert “ or licensed CLC practitioner ”.
Legal Services Act 2007 (c. 29)
The Legal Services Act 2007 is amended as follows.
Section 104 (prevention of regulatory conflict: accounts rules) is amended as follows.
In subsection (2), after “conveyancer” insert “ or licensed CLC practitioner ”.
After subsection (2) insert—
In Schedule 5 (authorised persons), paragraph 11 (rights during transitional period: licensed conveyancers) is amended as follows.
After sub-paragraph (1) insert—
In sub-paragraph (2), after “(1)” insert “ or (1A) ”.
In sub-paragraph (3), in the opening words—
after “and every” insert “ conveyancing services ”;
after “provide conveyancing” insert “ or other ”.
After sub-paragraph (3) insert—
In sub-paragraph (4), after “(3)” insert “ or (3A) ”.
For sub-paragraph (5) substitute—
In sub-paragraph (6), after “licence” insert “ or a licence under section 53 of the Courts and Legal Services Act 1990 ”.
In Schedule 24 (index of defined expressions), at the appropriate places insert—
The Council for Licensed Conveyancers: other amendments
The Administration of Justice Act 1985 is amended as follows.
Section 15 (issue of licences by the Council for Licensed Conveyancers) is amended as follows.
In subsection (3)(b), for the words from “the period” to “the Council” substitute “ the period prescribed under subsection (3A) ”.
After subsection (3) insert—
Section 18 (suspension or termination of licences) is amended as follows.
After subsection (2C) insert—
In subsection (2D), after “(2A)” insert “ , (2CA), (2CB) or (2CC) ”.
In subsection (2G), for “High Court” substitute “ First-tier Tribunal ”.
Omit subsection (2H).
Section 19 (register of licensed conveyancers) is amended as follows.
After subsection (1) insert—
In subsection (2), omit “accordingly”.
In section 20 (rules as to professional practice, conduct and discipline), omit subsection (2).
Section 24 (preliminary investigation of disciplinary cases) is amended as follows.
In subsection (10), for “High Court” substitute “ First-tier Tribunal ”.
In subsection (11), for “High Court” substitute “ First-tier Tribunal ”.
Omit subsection (12).
Section 24A (determination of allegations by the Investigating Committee) is amended as follows.
In subsection (8), for “High Court” substitute “ First-tier Tribunal ”.
In subsection (9), for “High Court” substitute “ First-tier Tribunal ”.
Omit subsection (10).
Section 26 (proceedings in disciplinary cases) is amended as follows.
For subsection (7) substitute—
In subsection (7A), for “High Court” (in both places where it occurs) substitute “ First-tier Tribunal ”.
Omit subsection (8).
In Schedule 3 (the Council for Licensed Conveyancers: supplementary provisions), in paragraph 4 (appointment of persons to Council), in sub-paragraph (2), omit “by one”.
In paragraph 3A (orders made by the Investigating Committee)—
in sub-paragraph (8), for “High Court” substitute “ First-tier Tribunal ”;
in sub-paragraph (9), for “High Court” substitute “ First-tier Tribunal ”;
omit sub-paragraph (10).
In paragraph 6 (appeals against orders of the Discipline and Appeals Committee)—
for sub-paragraph (1) substitute—;
in sub-paragraph (1A), for “High Court” (in both places where it occurs) substitute “ First-tier Tribunal ”;
omit sub-paragraph (2).
Poisons and explosives precursors
Abolition of Poisons Board
The Poisons Board is abolished.
As a result—
in Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), omit the entry for the Poisons Board.
Establishment of common regulatory system
The Poisons Act 1972 is amended as follows.
For section 2 substitute—
For section 3 substitute—
Omit section 4.
After that section insert—
For section 7 substitute—
After section 7 insert—
For section 8 substitute—
Section 9 (inspection and enforcement) is amended as follows.
For subsection (4) substitute—
Omit subsections (5) to (7).
After section 9 insert—
After section 9A (inserted by paragraph 12) insert—
For section 10 substitute—
Section 11 (interpretation) is amended as follows.
Omit subsection (1).
In subsection (2), omit the definitions of—“the board”“local authority's list”“Poisons Rules”“prescribed”“sale by way of wholesale dealing”.
In that subsection, insert the following definitions in the appropriate place alphabetically—,,,,,,, and.
In that subsection, in the definition of “retail pharmacy business”, for “section 132(1) of the Medicines Act 1968” substitute “ regulation 8 of the Human Medicines Regulations 2012 (S.I. 2012/1916) ”.
After subsection (2) insert—
After Schedule 1 (which is omitted by paragraph 1 of this Schedule) insert—
Removal of consultation requirements
Measures affecting England only
National Parks and Access to the Countryside Act 1949: making of byelaws
In section 91 of the National Parks and Access to the Countryside Act 1949 (default powers of Secretary of State as to certain byelaws), in the proviso to subsection (1) (beginning with the words “Provided that”)—
after “natural beauty” insert “ in Wales ”;
omit “Natural England (as regards land or waterways in England) or”;
omit “(as regards land or waterways in Wales)”.
Pests Act 1954: designation of rabbit clearance areas
In section 1 of the Pests Act 1954 (designation of rabbit clearance areas), after subsection (11) insert—
Agriculture and Horticulture Act 1964: grading etc of horticultural produce
In section 23 of the Agriculture and Horticulture Act 1964 (regulations and orders under Part 3 of that Act), after subsection (1) insert—
Control of Pollution Act 1974: reduction of noise from plant or machinery
In section 68 of the Control of Pollution Act 1974 (regulations for reducing noise from plant or machinery), after subsection (2) insert—
Agriculture (Miscellaneous Provisions) Act 1976: metrication of measurements
In section 7 of the Agriculture (Miscellaneous Provisions) Act 1976 (metrication of measurements), after subsection (4) insert—
Forestry Act 1979: metrication of measurements
In section 2 of the Forestry Act 1979 (metrication of measurements), in subsection (4), for the words from “Before” to “the appropriate authority” substitute “ Before any such regulations are made by the Welsh Ministers, they ”.
Derelict Land Act 1982: grants for reclaiming or improving derelict land etc
In section 1 of the Derelict Land Act 1982 (powers of Secretary of State to make grants for reclaiming or improving derelict land etc), omit subsection (6A).
In consequence of sub-paragraph (1), in the Natural Environment and Rural Communities Act 2006, in Schedule 11, omit paragraph 99.
Horticultural Produce Act 1986: movement of horticultural produce
In section 3 of the Horticultural Produce Act 1986 (orders to amend that Act in connection with the movement of horticultural produce), after subsection (2) insert—
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Land Drainage Act 1991: codes of practice
In section 61E of the Land Drainage Act 1991, after subsection (4) insert—
Environment Act 1995: National Park grant
In section 72 of the Environment Act 1995 (National Park grant), in subsection (2)—
after “National Park authority” insert “ in Wales ”;
omit the words from “, according to whether” to “Natural England or”.
In consequence of sub-paragraph (1), in the Natural Environment and Rural Communities Act 2006, in Schedule 11, omit paragraph 144.
Environment Act 1995: hedgerows
In section 97 of the Environment Act 1995 (hedgerows), after subsection (6) insert—
Environment Act 1995: environmental subordinate legislation
Omit section 99 of the Environment Act 1995 (consultation before making or modifying certain subordinate legislation for England).
Local Government Act 1999: keeping of accounts by best value authorities
In section 23 of the Local Government Act 1999 (regulations about the keeping of accounts by best value authorities), omit subsection (4).
Countryside and Rights of Way Act 2000: grants to conservation boards
In section 91 of the Countryside and Rights of Way Act 2000 (grants to conservation boards), omit subsection (2).
In consequence of sub-paragraph (1), in the Natural Environment and Rural Communities Act 2006, in Schedule 11, omit paragraph 164(e).
Fire and Rescue Services Act 2004: schemes for combining fire and rescue authorities
The Fire and Rescue Services Act 2004 is amended as follows.
In section 2 (power to create combined fire and rescue authorities), after subsection (6) insert—
In section 4 (which makes provision for the continuation, variation and revocation of schemes for combining fire authorities under the Fire Services Act 1947), after subsection (5) insert—
Measures affecting England and Wales
Water Industry Act 1991: provision of sewers
In section 101A of the Water Industry Act 1991 (further duty of sewerage undertaker to provide sewers), in subsection (5), omit the words from the beginning to “and” in the closing words.
Local Government Act 2003: commencement of BID arrangements following appeal
In section 53 of the Local Government Act 2003 (commencement of BID arrangements), omit subsection (7).
Legislation no longer of practical use
Companies
Companies Act 2006 (c. 46)
Omit section 1175 of, and Schedule 9 to, the Companies Act 2006 (which make amendments of Part 7 of the Companies Act 1985 and Part 8 of the Companies (Northern Ireland) Order 1986).
Industry
Newspaper Libel and Registration Act 1881 (c. 60)
In consequence of paragraph 2, in section 1 of the Newspaper Libel and Registration Act 1881, omit the definitions of “registrar”, “occupation” and “place of residence”.
Mining Industry Act 1920 (c. 50)
The Mining Industry Act 1920 is repealed.
In consequence of paragraph 4, in Schedule 4 to the Mines and Quarries Act 1954, omit the entry for the Mining Industry Act 1920.
Mining Industry Act 1926 (c. 28)
In the Mining Industry Act 1926, omit section 20 (which confers power on coal-mining companies to establish profit sharing schemes irrespective of the terms of their articles of association).
The repeal made by sub-paragraph (1) is to have no effect in relation to any scheme still in existence that was established, and is being carried on, in reliance on the power conferred by section 20 of the Mining Industry Act 1926.
Industry Act 1972 (c. 63)
In the Industry Act 1972, in Schedule 3 (shipbuilding: transitional provisions), omit paragraph 1(b)(ii) (saving provision for the Shipbuilding Industry Board (Dissolution Provisions) Order 1971 (S.I. 1971/1939)).
Aircraft and Shipbuilding Industries Act 1977 (c. 3)
The Aircraft and Shipbuilding Industries Act 1977 is repealed.
The following amendments are made in consequence of paragraph 8.
In the Civil Aviation Act 1982, in Schedule 15, omit paragraph 18.
In the Companies Act 1989, in Schedule 18, omit paragraph 16.
British Steel Act 1988 (c. 35)
The British Steel Act 1988 is amended in accordance with paragraphs 11 and 12.
Omit section 6 (target investment limit for Government shareholding in successor company to British Steel Corporation).
In consequence of sub-paragraph (1)—
in section 13(2), omit “6 or”.
In Schedule 3 (transitional provisions and savings), omit paragraph 10 (saving provision for regulations made under section 24 of the Iron and Steel Act 1953 (compensation to officers and servants) or having effect as if made under paragraph 2 of Schedule 4 to the Iron and Steel Act 1975 (compensation to employees)).
European Communities (Definition of Treaties) (International Railway Tariffs Agreements) Order 1980 (S.I. 1980/1094)
The European Communities (Definition of Treaties) (International Railway Tariffs Agreements) Order 1980 is revoked.
Energy
Atomic Energy Act 1946 (c. 80)
The following amendments are made in consequence of paragraph 14.
In the 1946 Act—
in section 15(1), omit the words “, except an order made under section seven thereof or an order varying or revoking such an order,”;
in section 16, omit the words from “Provided that” to the end of the section;
in section 19, omit paragraphs (c) and (d);
in section 20(1), omit the words “, except sections six and seven thereof,”.
In the Atomic Energy Authority Act 1954, in Schedule 3, omit—
the paragraph beginning “In subsection (1) of section seven”;
the paragraph beginning “At the end of section sixteen”;
the paragraph beginning “In paragraph (c) of section nineteen”.
Energy Act 1976 (c. 76)
Omit section 9 of the Energy Act 1976 (which requires the consent of the Secretary of State for offshore natural gas to be subjected in Great Britain to certain processes of liquefaction which result in the production of liquid methane or ethane).
In consequence of paragraph 16—
in the Oil and Gas (Enterprise) Act 1982, in Schedule 3, omit paragraph 37;
in the Gas Act 1995, in Schedule 4, omit paragraph 11(1);
in the Petroleum Act 1998, in Schedule 4, omit paragraph 12.
Nuclear Industry (Finance) Act 1977 (c. 7)
Omit section 3 of the Nuclear Industry (Finance) Act 1977 (which provides for expenditure which the Secretary of State may incur with a view to, or in connection with, the acquisition of shares etc in the National Nuclear Corporation Limited to be paid out of money provided by Parliament).
Sustainable Energy Act 2003 (c. 30)
Omit section 7 of the Sustainable Energy Act 2003 (which required the Gas and Electricity Markets Authority to pay into the Consolidated Fund amounts of up to £60 million, on the Secretary of State's direction, for the Secretary of State then to spend on promoting the use of energy from renewable sources).
Electricity and Gas (Energy Efficiency Obligations) Orders
The following Orders (which impose energy efficiency obligations on certain gas and electricity suppliers for periods which have now expired) are revoked—
the Electricity and Gas (Energy Efficiency Obligations) Order 2001 (S.I. 2001/4011);
the Electricity and Gas (Energy Efficiency Obligations) Order 2004 (S.I. 2004/3392).
In consequence of paragraph 20, the Electricity and Gas (Energy Efficiency Obligations) (Amendment) Order 2003 (S.I. 2003/1180) is revoked.
Transport
Road Traffic Act 1988 (c. 52)
Omit section 64A of the Road Traffic Act 1988 (which makes it an offence to use certain unregistered vehicles on a road without an EC certificate of conformity).
In consequence of sub-paragraph (1)—
in section 183(2) of the Road Traffic Act 1988 (which makes provision about the application of certain provisions of that Act to vehicles in the public service of the Crown), for “sections 64A, 65 and 65A” substitute “ sections 65 and 65A ”;
in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts), omit the entry relating to section 64A of the Road Traffic Act 1988.
Subordinate legislation relating to railways
The following Orders are revoked—
the Railways Act 1993 (Extinguishment of Relevant Loans) (Railtrack plc) Order 1996 (S.I. 1996/664);
the Railtrack Group PLC (Target Investment Limit) Order 1996 (S.I. 1996/2551);
the Strategic Rail Authority (Capital Allowances) Order 2001 (S.I. 2001/262).
Environment
Farm and Garden Chemicals Act 1967 (c. 50)
The Farm and Garden Chemicals Act 1967 is repealed.
The following amendments are made in consequence of paragraph 24.
In the Food Safety Act 1990, in Schedule 3, omit paragraph 5.
In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 3, omit the entry for the Farm and Garden Chemicals Act 1967.
Merchant Shipping Act 1988 (c. 12)
The Merchant Shipping Act 1988 is repealed.
Statutory Water Companies Act 1991 (c. 58)
The Statutory Water Companies Act 1991 is repealed.
The following amendments are made in consequence of paragraph 27.
In the Water Act 1983—
omit section 3(5)(b);
in section 10, omit the definition of “statutory water company” (but not the “and” following it).
In the Water Act 1989, in section 174(8), omit “the Statutory Water Companies Act 1991,”.
In the Water Industry Act 1991—
in section 5(5), omit “the Statutory Water Companies Act 1991,”;
in section 6(5)—
after “water undertaker” insert “ or a sewerage undertaker ”;
omit the words from “or a statutory water company” to the end of the subsection;
in section 202(6), omit “the Statutory Water Companies Act 1991,”;
in section 206(10), omit “the Statutory Water Companies Act 1991,”;
in Schedule 3—
omit paragraph 1(b) and the “and” before it;
omit paragraph 2(b) (but not the “and” following it);
omit paragraph 5(3);
in paragraph 7(4), omit paragraph (a) and the “and” following it;
in paragraph 7(4)(b), omit “in any other case,”;
in paragraph 8, omit paragraph (a) and the “and” following it;
in paragraph 8(b), omit “in any other case,”;
in paragraph 9, in the substituted subsection (1)(c) of section 23 of the 1986 Act, omit the words from the beginning of the paragraph to “ that is not a limited company, ”;
in paragraph 9, in the substituted subsection (2) of section 23 of the 1986 Act, omit the words from “, except where the company” to “ is not a limited company, ”;
in Schedule 13, in paragraph 4, omit the words from “(including,” to the end of the paragraph.
In the Water Resources Act 1991, in section 204(7), omit “the Statutory Water Companies Act 1991,”.
In the Enterprise Act 2002, in Schedule 15, omit the entry for the Statutory Water Companies Act 1991.
In the Companies Act 2006, in section 994(3), omit paragraph (b) and the “or” before it.
Sea Fish (Conservation) Act 1992 (c. 60)
Omit section 10 of the Sea Fish (Conservation) Act 1992 (which requires a report on the operation of the Act to be laid before Parliament within the period of 6 months beginning with 1 January 1997).
Highways (Assessment of Environmental Effects) Regulations 1988 and 1994
The following Regulations are revoked—
the Highways (Assessment of Environmental Effects) Regulations 1988 (S.I. 1988/1241);
the Highways (Assessment of Environmental Effects) Regulations 1994 (S.I. 1994/1002).
Animals and Food
Sea Fisheries Act 1868 and other fisheries legislation
The following Acts are repealed—
the Sea Fisheries Act 1868, including so far as it extends outside the United Kingdom by virtue of section 70 of that Act;
the Fisheries Act 1891;
the British Fishing Boats Act 1983.
The following amendments are made in consequence of paragraph 31.
In the Fishery Limits Act 1976, in Schedule 2, omit paragraph 7.
In the Merchant Shipping Act 1995, in Schedule 13, omit paragraphs 2, 9 and 68.
In the Statute Law (Repeals) Act 1998, in Schedule 2, omit paragraph 9.
In the Tribunals, Courts and Enforcement Act 2007, in Schedule 13, omit paragraph 67.
Agricultural Produce (Grading and Marking) Acts 1928 and 1931
The Agricultural Produce (Grading and Marking) Act 1928 and the Agricultural Produce (Grading and Marking) Amendment Act 1931 are repealed.
The following amendments are made in consequence of paragraph 33.
In the Agriculture (Miscellaneous Provisions) Act 1963, omit section 23.
In the Agriculture and Horticulture Act 1964, omit section 22(1).
In the Criminal Justice Act 1967, in Part 1 of Schedule 3, omit the entries for the Agricultural Produce (Grading and Marking) Act 1928 and the Agricultural Produce (Grading and Marking) Amendment Act 1931.
In the Trade Descriptions Act 1968—
omit section 2(4)(b);
in Schedule 1, omit paragraph 3.
In the Local Government etc. (Scotland) Act 1994, in Schedule 13, omit paragraph 14.
In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 3, omit the entry for the Agricultural Produce (Grading and Marking) Act 1928.
Breeding of Dogs Act 1973 (c. 60)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Animal Health Act 1981 (c. 22)
Part 2A of the Animal Health Act 1981 (provision about transmissible spongiform encephalopathies in sheep) is repealed.
In consequence of paragraph 37, omit section 6 of, and the Schedule to, the Animal Health Act 2002.
Milk: cessation of production
The Milk (Cessation of Production) Act 1985 is repealed.
The Milk (Cessation of Production) (Northern Ireland) Order 1985 (S.I. 1985/958 (N.I. 9)) is revoked.
Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Coal and Other Mines (Horses) Order (S.I. 1956/1777)
The Coal and Other Mines (Horses) Order 1956 is revoked.
Education
Greenwich Hospital School (Regulations) (Amendment) Order 1948 (S.I. 1948/2792)
The Greenwich Hospital School (Regulations) (Amendment) Order 1948 is revoked.
Civil law
Defamation Act 1996 (c. 31)
Omit section 13 of the Defamation Act 1996 (which allows an individual litigant in defamation cases to waive the ban in Article IX of the Bill of Rights on proceedings in Parliament being impeached or questioned in court).
Criminal law
Town Police Clauses Act 1847 (10 &11 Vict. (c. 89))
In section 28 of the Town Police Clauses Act 1847 (which creates a number of offences) omit the paragraphs beginning—
“Every person who exposes for show, hire or sale”;
“Every person who slaughters or dresses any cattle”;
“Every person having the care of any waggon, cart or carriage”;
“Every person who causes any public carriage, sledge, truck, or barrow”;
“Every person who causes any tree or timber or iron beam”;
“Every person who leads or rides any horse or other animal”;
“Every person who places or leaves any furniture”;
“Every person who places, hangs up, or otherwise exposes to sale”;
“Every person who rolls or carries any cask”;
“Every person who places any line, cord or pole”;
“Every person who publicly offers for sale or distribution,”;
“Every person who wilfully and wantonly disturbs any inhabitant”;
“Every person who flies any kite,”;
“Every person who cleanses, hoops, fires, washes, or scalds”;
“Every person who throws or lays down any stones”;
“Every person who beats or shakes any carpet”;
“Every person who fixes or places any flower-pot or box”;
“Every person who throws from the roof”;
“Every occupier of any house or other building”;
“Every person who leaves open any vault or cellar”;
“Every person who throws or lays any dirt, litter, or ashes”;
“Every person who keeps any pigstye”.
Housing
Housing Act 1988 (c. 50)
Paragraph 3 of Schedule 18 to the Housing Act 1988 (saving provision in respect of repeal of sections 56 to 58 of the Housing Act 1980) ceases to have effect in relation to tenancies of dwelling-houses in England.
Accordingly, in that paragraph of that Schedule, after “tenancy” insert “ of a dwelling-house in Wales ”.