Deregulation and Contracting Out Act 1994

(86) (1) Subject to any regulations under section 85 of this Act, an operator’s licence is not transferable or assignable. (2) Regulations may make provision enabling the licensing authority, where the holder of an operator’s licence granted by him has died or become a patient within the meaning of Part VII of the Mental Health Act 1983, to direct that the licence be treated— (a) as not having terminated at the time the licence-holder died or became such a patient but as having been suspended (that is, as having remained in force subject to the limitation that no vehicles were authorised to be used under it) from that time until the time the direction comes into force; and (b) as having effect from the time the direction comes into force for a specified period and as being held during that period (for such purposes and to such extent as may be specified) not by the person to whom it was granted but by such other person carrying on that person’s business, or part of that person’s business, as may be specified. (3) Regulations may make provision enabling the licensing authority in prescribed circumstances to direct that any operator’s licence granted by him be treated (for such purposes, for such period and to such extent as may be specified) as held not by the person to whom it was granted but by such other person carrying on that person’s business, or part of that person’s business, as may be specified. (4) Regulations may make provision enabling the licensing authority to direct, for the purpose of giving effect to or supplementing a direction given by him by virtue of subsection (2) or (3) of this section, that this Part of this Act apply with specified modifications in relation to the person who is to be treated under the direction as the holder of an operator’s licence. (5) In this section “specified”, in relation to a direction, means specified— (a) in the regulations under which the direction was given; or (b) in the direction in accordance with those regulations.

Fees.

56

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

(89) (1) Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged by the licensing authority in respect of— (a) applications for or for the variation of operators’ licences; (b) the issue or variation of operators’ licences; (c) the continuation in force of operators’ licences; (d) any arrangements made with the holder of an operator’s licence to treat the licence for certain administrative purposes as if it were two or more licences. (2) The licensing authority may decline to proceed with— (a) any application for or for the variation of an operator’s licence; or (b) the issue or variation of any operator’s licence, until any fee or instalment of a fee in respect of the application, issue or variation (as the case may be) is duly paid. (3) If, in the case of any application for or for the variation of an operator’s licence, any fee or instalment of a fee in respect of the application or the issue or variation of the licence is not duly paid by the prescribed time— (a) the application shall be treated as withdrawn at that time; and (b) any decision made or direction given on the application, and any licence issued or variation effected in pursuance of such a decision or direction, ceases to have effect or terminates at that time. (4) If any fee or instalment of a fee in respect of the continuation in force of an operator’s licence is not duly paid by the prescribed time, the licence terminates at that time. (5) The licensing authority may, if he considers there to be exceptional circumstances that justify his doing so, in any case where subsection (3) or (4) of this section has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded. (6) Where, by virtue of such a direction, the effect of subsection (3)(a) of this section is to be disregarded in any case, any termination— (a) of a licence under section 67A(4)(b) or (5) of this Act; or (b) of a direction under section 68A(4) of this Act, by virtue of the operation of subsection (3)(a) in that case before the direction was given shall be cancelled with effect from the same time. (7) Where such a direction is given in respect of an operator’s licence— (a) any condition attached to the licence under section 66 of this Act shall be treated as having been of no effect during the period beginning with the time the licence terminated by virtue of subsection (3) or (4) of this section and ending with the time the direction comes into force; and (b) subject to paragraph (a) of this subsection, the licensing authority may vary any such condition as it applies in relation to events occurring before the direction comes into force. (8) All fees payable under this Part of this Act shall be paid into the Consolidated Fund in such manner as the Treasury may direct.

Chapter III: minor and consequential amendments.

57

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

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

CHAPTER IV — Public Service Vehicle Operator Licensing etc.

The 1981 Act.

58

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

Undertakings given on applications.

59

• (1) The 1981 Act shall be amended as follows.

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

(3A) In considering on an application for a PSV operator’s licence whether the requirements mentioned in subsection (3) above are satisfied, the traffic commissioner may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application and may assume that those undertakings will be fulfilled.

• (3) After section 14(4) there shall be inserted—

(5) In any case where the traffic commissioner grants an application for a PSV operator’s licence, any undertakings taken into account by him under subsection (3A) above that he considers to be material to the granting of the application shall be recorded in the licence issued to the applicant.

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

or (c) vary or remove any undertaking recorded in the licence;

.

• (5) After section 16(6) there shall be inserted—

(6A) In considering whether to grant an application under subsection (6) above, the traffic commissioner may take into account any undertakings given by the applicant (or procured by him to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled. (6B) In any case where the traffic commissioner grants an application under subsection (6) above, any undertakings taken into account by him under subsection (6A) above that he considers to be material to the granting of the application shall be recorded in the licence as varied.

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

(aa) that any undertaking recorded in the licence has not been fulfilled;

.

Objections to applications for licences.

60

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

(2A) Where the traffic commissioner considers there to be exceptional circumstances that justify his doing so, he may direct that an objection be treated for the purposes of this Part of this Act as duly made under this section, notwithstanding that it was not made within the prescribed time or in the prescribed manner.

Duration of licences.

61

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

(2) Subject to its revocation or other termination under any provision of this Act or another statutory provision, a PSV operator’s licence shall continue in force indefinitely. (3) If the holder of a PSV operator’s licence requests the traffic commissioner by whom it was granted to terminate it at any time, the commissioner shall, subject to subsection (4) below, comply with the request. (4) The traffic commissioner may refuse to comply with the request if he is considering taking action in respect of the licence under section 17(1) or (2) of this Act.

Suspension of licences.

62

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

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) After subsection (5) there shall be inserted—

(5A) Where a licence is suspended under this section, it remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it. (5B) A traffic commissioner who has suspended a licence under this section may at any time— (a) cancel the suspension; or (b) with the consent of the holder of the licence, vary the period for which it is suspended.

Operators’ discs.

63

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

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

(2) A traffic commissioner on granting a PSV operator’s licence shall supply the person to whom the licence is granted— (a) with a number of operators’ discs equal to the maximum number of vehicles that he may use under the licence in accordance with the condition or conditions attached to the licence under section 16(1) of this Act; or (b) with such lesser number of operators’ discs as he may request. (2A) Where, in the case of any PSV operator’s licence, the maximum number referred to in subsection (2)(a) above is increased on the variation of one or more of the conditions there referred to, the traffic commissioner on making the variation shall supply the holder of the licence— (a) with such number of additional operators’ discs as will bring the total number of operators’ discs held by him in respect of the licence to that maximum number, or (b) with such lesser number of additional operators’ discs as he may request. (2B) Where the number of operators’ discs currently held in respect of a PSV operator’s licence is less than the maximum number referred to in subsection (2)(a) above, the traffic commissioner by whom the licence was granted shall on the application of the holder of the licence supply him with such number of additional operators’ discs as is mentioned in subsection (2A)(a) or (b) above. (2C) Where, in accordance with regulations under subsection (3)(aa) below, all the operators’ discs held in respect of a PSV operator’s licence expire at the same time, the traffic commissioner by whom the licence was granted shall supply the holder of the licence with a number of new operators’ discs equal to the number of discs that have expired.

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

• (a) after paragraph (a) there shall be inserted—

(aa) as to the expiry of operators’ discs;

, and

• (b) at the end there shall be added—

(e) for the voluntary return of operators’ discs by the holder of a PSV operator’s licence.

Repeal of section 27 of the 1981 Act.

64

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

Review of decisions and correction of errors.

65

• (1) After section 49 of the 1981 Act there shall be inserted—

(49A) (1) Subject to subsection (2) below, a traffic commissioner may review and, if he thinks fit, vary or revoke any decision of his— (a) to grant or refuse an application for a PSV operator’s licence; or (b) to grant or refuse an application for the variation of a PSV operator’s licence, if he is satisfied that a procedural requirement imposed by or under this Act has not been complied with in relation to the decision. (2) A traffic commissioner may only review a decision under subsection (1) above— (a) if, within such period after taking the decision as may be prescribed, he has given notice to the applicant or (as the case may be) the licence-holder that he intends to review the decision; (b) if, within that period, a person who appears to him to have an interest in the decision has requested him to review it; or (c) where neither paragraph (a) nor paragraph (b) above applies, if he considers there to be exceptional circumstances that justify the review. (3) Regulations may make provision as to the manner in which notices under subsection (2)(a) above are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served). (4) The variation or revocation of a decision under this section shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.

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

(4A) A person who— (a) within the prescribed period has made an application for a review under section 49A of this Act; and (b) has been certified by the traffic commissioner as a person such as is mentioned in subsection (2)(b) of that section, may appeal to the Transport Tribunal against the refusal of the application.

• (3) After section 56 of the 1981 Act there shall be inserted—

(56A) Where it appears to the traffic commissioner for a traffic area that a document purporting to record, or issued in consequence of, a decision taken in the exercise of his functions contains a clerical error, he may issue a corrected document or a notice in writing that the document is to have effect with such corrections as are stated in the notice.

Fees.

66

• (1) The 1981 Act shall be amended as follows.

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

(ia) applications under section 16(6) of this Act and the grant of such applications; (ib) the continuation in force of PSV operators’ licences;

.

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

(b) the grant of any PSV operator’s licence or of any application under section 16(6) of this Act; (bb) the issue of any certificate, disc or other document referred to in subsection (1) above; or

.

• (4) After section 52(2) there shall be inserted—

(2A) If, in the case of any application for a PSV operator’s licence, any fee or instalment of a fee in respect of the application, the grant of the licence or the issue of operators’ discs under section 18(2) of this Act is not duly paid by the prescribed time— (a) the application shall be treated as withdrawn at that time; (b) any decision made on the application ceases to have effect at that time; and (c) any licence granted in pursuance of such a decision terminates at that time. (2B) If, in the case of any application under section 16(6) of this Act, any fee or instalment of a fee in respect of the application, the grant of the application or the issue of operators’ discs under section 18(2A) of this Act is not duly paid by the prescribed time— (a) the application shall be treated as withdrawn at that time; (b) any decision made on the application, and any variation effected in pursuance of such a decision, ceases to have effect at that time. (2C) If, in the case of any PSV operator’s licence, any fee or instalment of a fee in respect of— (a) the continuation in force of the licence; or (b) the issue of operators’ discs under section 18(2C) of this Act, is not duly paid by the prescribed time, the licence terminates at that time. (2D) If any fee or instalment of a fee in respect of any operators’ discs that have been issued under section 18 of this Act is not duly paid by the prescribed time, the discs cease to have effect at that time. (2E) The traffic commissioner by whom a PSV operator’s licence was granted may, if he considers there to be exceptional circumstances that justify his doing so in any case where subsection (2A), (2B), (2C) or (2D) above has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded. (2F) Where the traffic commissioner has given a direction under subsection (2E) above in respect of a PSV operator’s licence in a case where subsection (2A) or (2C) above has applied, it shall not for the purposes of section 20(1) or (2) of this Act be regarded as having been practicable for the licence-holder to— (a) report any matter to the Secretary of State; or (b) give him notice of any alteration, during the period beginning with the time mentioned in subsection (2A) or (2C) and ending when the direction came into force.

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

(e) the fees to be payable under this Act, the persons liable to pay them, and the repayment (or partial repayment), in prescribed circumstances, of fees paid under this Act;

.

Disqualification of PSV operators.

67

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

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

(a) any PSV operator’s licence held by him at the date of the making of the order under subsection (1) above (other than the licence revoked) shall be suspended (that is, shall remain in force subject to the limitation that no vehicles are authorised to be used under it); and (b) notwithstanding section 14(4) of the 1981 Act, no PSV operator’s licence may be granted to him.

• (3) After subsection (2) there shall be inserted—

(2A) If a person obtains a PSV operator’s licence while he is disqualified under subsection (1) above, the licence shall be void.

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

• (5) After subsection (6) there shall be inserted—

(6A) The traffic commissioner by whom any order disqualifying a person was made under subsection (1) above may at any time— (a) cancel that order together with any direction that was given under subsection (4) above when the order was made; (b) cancel any such direction; or (c) with the consent of the person disqualified, vary the order or any such direction (or both the order and any such direction).

Chapter IV: minor and consequential amendments.

68

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

Part II — Contracting Out

Contracting out of functions

Functions of Ministers and office-holders.

69

• (1) This section applies to any function of a Minister or office-holder—

• (a) which is conferred by or under any enactment; and

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

• (c) which is not excluded by section 71 below.

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

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

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

• (a) either wholly or to such extent as may be specified in the order or authorisation;

• (b) either generally or in such cases or areas as may be so specified; and

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

• (5) An authorisation given by virtue of an order under this section—

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

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

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

Functions of local authorities.

70

• (1) This section applies to any function of a local authority—

• (a) which is conferred by or under any enactment; and

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

• (c) which is not excluded by section 71 below.

• (1A) This section also applies to any function of a local authority—

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

• (b) which is conferred by or under any enactment;

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

• (d) which is not excluded by section 71 below.

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

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

(b) which by virtue of regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 may be exercised by an officer of the authority;

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

• (3) A Minister shall not make an order under this section in relation to a local authority without first consulting—

• (a) in the case of an authority in England or Wales, such representatives of local government;

• (b) in the case of an authority in Scotland, such associations of local authorities,

as he considers appropriate.

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

• (5) Where at any time—

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

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

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

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

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

• (7) Where at any time—

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

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

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

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

Functions excluded from sections 69 and 70.

71

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

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

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

• (c) it is a power or right of entry, search or seizure into or of any property; or

• (d) it is a power or duty to make subordinate legislation.

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

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

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

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

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

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

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

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

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

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

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

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

Effect of contracting out.

72

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

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

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

• (b) in the case of a function of a local authority, by or in relation to that authority.

• (3) Subsection (2) above shall not apply—

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

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

Termination of contracting out.

73

• (1) This section applies where—

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

• (b) the order or authorisation is revoked at a time when a relevant contract is subsisting.

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

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

Provisions for facilitating contracting out

Powers of certain office-holders.

74

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

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

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

• (4) The office-holders to whom this section applies are—

• (a) the registrar of companies for England and Wales, Scotland or Northern Ireland;

• (b) the official receiver attached to any court;

• (c) the Comptroller-General of Patents, Designs and Trade Marks;

• (d) the Public Trustee;

• (e) a traffic commissioner;

• (f) the registrar of approved driving instructors;

• (g) the Registrar General of Births, Deaths and Marriages for Scotland;

• (h) the Keeper of the Registers of Scotland; and

• (i) the Keeper of the Records of Scotland.

Restrictions on disclosure of information.

75

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

Amendments of enactments etc.

76

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

Supplemental

Provisions with respect to orders.

77

• (1) An order under section 69 or 70 above—

• (a) shall be made by statutory instrument;

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

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

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

Extent of Part II.

78

• (1) The following provisions of this Part extend to Northern Ireland, namely—

• (a) sections 69 and 74 above;

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

• (c) paragraphs 4, 24 and 25 of Schedule 16.

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

Interpretation of Part II.

79

• (1) In this Part—

• “employee”, in relation to a body corporate, includes any director or other officer of that body;

• “enactment” does not include an enactment contained in Northern Ireland legislation but, subject to that, includes an enactment contained in an Act (whenever passed) and an enactment contained in subordinate legislation (whenever made);

• “function”, in relation to a local authority, includes any power to do any thing which is calculated to facilitate, or is conducive or incidental to, the exercise of a function;

• “joint board”—in relation to England and Wales, means a joint or special planning board constituted for a National Park by order under paragraph 1, 3 or 3A of Schedule 17 to the Local Government Act 1972, or a joint planning board within the meaning of section 2 of the Town and Country Planning Act 1990;in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973;

• “joint committee”—in relation to England and Wales, means a joint committee appointed under section 102(1)(b) of the Local Government Act 1972;in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973;

• “local authority”—in relation to England, has the meaning given by section 79A;in relation to Wales, has the meaning given by section 79B;in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973;

• “Minister” has the same meaning as Minister of the Crown has in the Ministers of the Crown Act 1975;

• “Northern Ireland legislation” means—Northern Ireland legislation within the meaning of section 24 of the Interpretation Act 1978; andinstruments, within the meaning of the Interpretation Act (Northern Ireland) 1954, made under such legislation;

• “office-holder” does not include a Minister, an officer of either House of Parliament, the Auditor General for Wales, the Parliamentary Commissioner for Administration, the Public Services Ombudsman for Wales ... , the Health Service Commissioner for England ... or the Scottish Public Services Ombudsman but, subject to that, means—the holder of an office created or continued in existence by a public general Act of Parliament;the holder of an office the remuneration in respect of which is paid out of money provided by Parliament;the registrar of companies for England and Wales, Scotland or Northern Ireland; andthe registrar of approved driving instructors;

• “officer”—in relation to a Minister, means any person in the civil service of the Crown who is serving in his department;in relation to an office-holder, means any member of his staff, or any person in the civil service of the Crown who has been assigned or appointed to assist him in the exercise of his functions;

• “the registrar of approved driving instructors” means the officer of the Secretary of State by whom the register of approved driving instructors established in pursuance of section 23 of the Road Traffic Act 1962 is compiled and maintained;

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

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

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

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

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

• (b) any reference to a local authority included references to a joint board and a joint committee.

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

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

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

“Local authority”: England

79A

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

• (a) a county council;

• (b) a district council;

• (c) a London borough council;

• (d) the Greater London Authority acting through the Mayor of London;

• (e) the Common Council of the City of London;

• (f) the sub-treasurer of the Inner Temple;

• (g) the under treasurer of the Middle Temple;

• (h) the Council of the Isles of Scilly;

• (i) a parish council;

• (j) a National Park authority;

• (k) a functional body within the meaning of the Greater London Authority Act 1999;

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

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

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

• (mb) a combined authority established under section 103 of that Act;

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

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

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

• (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

“Local authority”: Wales

79B

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

• (a) a county council;

• (b) a county borough council;

• (c) a community council;

• (d) a National Park authority;

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

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

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

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Regulations for the purposes of section 79A and 79B

79C

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

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

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

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

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

• (2) Regulations under subsection (1)—

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

• (b) may contain transitional provisions and savings.

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

Part III — Supplementary

Financial provisions.

80

• (1) There shall be paid out of money provided by Parliament—

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

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

• (c) any increase attributable to this Act in the sums so payable under any other Act.

• (2) In this section—

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “office-holder” has the same meaning as in Part II of this Act.

Repeals.

81

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

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

Short title, commencement and extent.

82

• (1) This Act may be cited as the Deregulation and Contracting Out Act 1994.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

SCHEDULE 1

Explanation of suggested remedial action

1

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

Explanation of immediate enforcement action et ceteralaetc.

2

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

Right to make representations

3

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

Explanation of right of appeal

4

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

Application of provisions to other interested persons

5

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

SCHEDULE 2

Telecommunications

1

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

2

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

3

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

Electricity

4

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

5

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

6

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

7

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

Water

8

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

9

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

10

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

Railways

11

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

12

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

13

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

14

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

Interpretation

15

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

SCHEDULE 3

1

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

2

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

(2A) In the case of a non-notifiable agreement, subsection (2)(a) and (b) above shall only apply where the Director considers that any restrictions or information provisions by virtue of which this Act applies to the agreement are of such significance as to call for investigation by the Court.

3

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

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

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

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

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

• (4) After that subsection there shall be inserted—

(2A) Subsections (1) and (2)(a) above shall not apply in relation to an agreement which ceases to be a non-notifiable agreement by virtue of the Director entering or filing particulars of it under section 1(2)(b) above.

4

After section 25 there shall be inserted—

(25A) (1) Where an agreement ceases to be a non-notifiable agreement by virtue of the Director entering or filing particulars of it under section 1(2)(b) above, he shall give notice of that fact to each of the parties to the agreement. (2) Regulations under section 27 below may prescribe how notice under subsection (1) above is to be given and who is to be treated as a party to an agreement for the purposes of that subsection.

5

• (1) Section 26 shall be amended as follows.

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

• (3) For subsection (3) there shall be substituted—

(3) Where a party to an agreement makes an application for a declaration under subsection (2) above, the Director shall not enter or file particulars of the agreement in the register during the time during which the proceedings and any appeal therein are pending. (3A) Subsection (3) above shall not apply where— (a) the only question in relation to which the declaration is sought is whether or not the agreement is a non-notifiable agreement, and (b) the Director considers that any restrictions or information provisions by virtue of which this Act applies to the agreement are of such significance as to call for investigation by the Court. (3B) Where— (a) a party to an agreement makes an application for a declaration under subsection (2) above, (b) the question in relation to which the declaration is sought is relevant to the existence of a duty to furnish particulars of the agreement under section 24 above, and (c) the application is made before the expiry of the time within which particulars of the agreement are required to be furnished if the duty to furnish particulars under that section applies, then, if particulars of the agreement have not been furnished under that section before the commencement of the proceedings, that time shall be extended by a time equal to the time during which the proceedings and any appeal therein are pending, and such further time, if any, as the Court may direct.

6

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

(3A) The Director may give notice to any person being party to an agreement which— (a) is a non-notifiable agreement, or (b) has ceased to be a non-notifiable agreement by virtue of the Director entering or filing particulars of it under section 1(2)(b) above, requiring him to furnish such documents or information in his possession or control as the Director considers expedient for the purposes of, or in connection with, the registration of the agreement.

7

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

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

(1) Subject to paragraph 2 below, no duty to furnish particulars in respect of an agreement which is subject to registration shall be affected by any subsequent variation or determination of the agreement.

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

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

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

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

(ca) Agreement which ceases to be a non-notifiable agreement.	Within 1 month from the day on which the agreement so ceases.

SCHEDULE 4

Sectoral regulators

1

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

2

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

3

In each of the following, namely—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (c) Article 46(6) of the Electricity (Northern Ireland) Order 1992,

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

4

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

Transition

5

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

6

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

7

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

8

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

SCHEDULE 5

1

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

2

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

3

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

4

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

SCHEDULE 6

1

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

2

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

3

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

4

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

SCHEDULE 7

SCHEDULE 8

SCHEDULE 9

Powers to transfer enforcement functions to agriculture Ministers

1

• (1) This paragraph applies to the following provisions of the Slaughter of Poultry Act 1967—

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

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

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

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

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

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

2

• (1) This paragraph applies to the following provisions of the Slaughterhouses Act 1974—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

3

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

• (a) section 9,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) section 14(3)(c),

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) section 19(1).

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

4

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

5

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

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

Territorial division of enforcement functions under the Food Safety Act 1990

6

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

SCHEDULE 10

Part I — General

Great Britain

1

• (1) The Employment Agencies Act 1973 shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) After section 3 there shall be inserted—

(3A) (1) On application by the Secretary of State, an employment tribunal may by order prohibit a person from carrying on, or being concerned with the carrying on of— (a) any employment agency or employment business; or (b) any specified description of employment agency or employment business. (2) An order under subsection (1) of this section (in this Act referred to as “a prohibition order”) may either prohibit a person from engaging in an activity altogether or prohibit him from doing so otherwise than in accordance with specified conditions. (3) A prohibition order shall be made for a period beginning with the date of the order and ending— (a) on a specified date, or (b) on the happening of a specified event, in either case, not more than ten years later. (4) Subject to subsections (5) and (6) of this section, an employment tribunal shall not make a prohibition order in relation to any person unless it is satisfied that he is, on account of his misconduct or for any other sufficient reason, unsuitable to do what the order prohibits. (5) An employment tribunal may make a prohibition order in relation to a body corporate if it is satisfied that— (a) any director, secretary, manager or similar officer of the body corporate, (b) any person who performs on behalf of the body corporate the functions of a director, secretary, manager or similar officer, or (c) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act, is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits. (6) An employment tribunal may make a prohibition order in relation to a partnership if it is satisfied that any member of the partnership, or any manager employed by the partnership, is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits. (7) For the purposes of subsection (4) of this section, where an employment agency or employment business has been improperly conducted, each person who was carrying on, or concerned with the carrying on of, the agency or business at the time, shall be deemed to have been responsible for what happened unless he can show that it happened without his connivance or consent and was not attributable to any neglect on his part. (8) A person shall not be deemed to fall within subsection (5)(c) of this section by reason only that the directors act on advice given by him in a professional capacity. (9) In this section— - “director”, in relation to a body corporate whose affairs are controlled by its members, means a member of the body corporate; and - “specified”, in relation to a prohibition order, means specified in the order. (3B) Any person who, without reasonable excuse, fails to comply with a prohibition order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. (3C) (1) On application by the person to whom a prohibition order applies, an employment tribunal may vary or revoke the order if the tribunal is satisfied that there has been a material change of circumstances since the order was last considered. (2) An employment tribunal may not, on an application under this section, so vary a prohibition order as to make it more restrictive. (3) The Secretary of State shall be a party to any proceedings before an employment tribunal with respect to an application under this section, and be entitled to appear and be heard accordingly. (4) When making a prohibition order or disposing of an application under this section, an employment tribunal may, with a view to preventing the making of vexatious or frivolous applications, by order prohibit the making of an application, or further application, under this section in relation to the prohibition order before such date as the tribunal may specify in the order under this subsection. (3D) (1) An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an employment tribunal under section 3A or 3C of this Act. (2) No other appeal shall lie from a decision of an employment tribunal under section 3A or 3C of this Act; and section 11 of the Tribunals and Inquiries Act 1992 (appeals from certain tribunals to High Court or Court of Session) shall not apply to proceedings before an employment tribunal under section 3A or 3C of this Act.

• (4) In section 9(4)(a)(iv) (circumstances in which information obtained in exercise of statutory powers may be disclosed) for “hearing under section 3(7) of this Act” there shall be substituted “ proceedings under section 3A, 3C or 3D of this Act ”.

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

“prohibition order” has the meaning given by section 3A(2) of this Act;

.

Northern Ireland

2

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) After Article 5 of that Order there shall be inserted—

Power to make orders (5A) (1) On application by the Department, an industrial tribunal may by order prohibit a person from carrying on, or being concerned with the carrying on of— (a) any employment agency or employment business; or (b) any specified description of employment agency or employment business. (2) An order under paragraph (1) (in this Order referred to as “a prohibition order”) may either prohibit a person from engaging in an activity altogether or prohibit him from doing so otherwise than in accordance with specified conditions. (3) A prohibition order shall be made for a period beginning with the date of the order and ending— (a) on a specified date, or (b) on the happening of a specified event, in either case, not more than ten years later. (4) Subject to paragraphs (5) and (6), an industrial tribunal shall not make a prohibition order in relation to any person unless it is satisfied that he is, on account of his misconduct or for any other sufficient reason, unsuitable to do what the order prohibits. (5) An industrial tribunal may make a prohibition order in relation to a body corporate if it is satisfied that— (a) any director, secretary, manager or similar officer of the body corporate, (b) any person who performs on behalf of the body corporate the functions of a director, secretary, manager or similar officer, or (c) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act, is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits. (6) An industrial tribunal may make a prohibition order in relation to a partnership if it is satisfied that any member of the partnership, or any manager employed by the partnership, is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits. (7) For the purposes of paragraph (4), where an employment agency or employment business has been improperly conducted, each person who was carrying on, or concerned with the carrying on of, the agency or business at the time, shall be deemed to have been responsible for what happened unless he can show that it happened without his connivance or consent and was not attributable to any neglect on his part. (8) A person shall not be deemed to fall within paragraph (5)(c) by reason only that the directors act on advice given by him in a professional capacity. (9) In this Article— - “director”, in relation to a body corporate whose affairs are controlled by its members, means a member of the body corporate; and - “specified”, in relation to a prohibition order, means specified in the order.Enforcement (5B) Any person who, without reasonable excuse, fails to comply with a prohibition order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. Variation and revocation of orders (5C) (1) On application by the person to whom a prohibition order applies, an industrial tribunal may vary or revoke the order if the tribunal is satisfied that there has been a material change of circumstances since the order was last considered. (2) An industrial tribunal may not, on an application under this Article, so vary a prohibition order as to make it more restrictive. (3) The Department shall be a party to any proceedings before an industrial tribunal with respect to an application under this Article, and be entitled to appear and be heard accordingly. (4) When making a prohibition order or disposing of an application under this Article, an industrial tribunal may, with a view to preventing the making of vexatious or frivolous applications, by order prohibit the making of an application, or further application, under this Article in relation to the prohibition order before such date as the tribunal may specify in the order under this paragraph.

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

“prohibition order” has the meaning given by Article 5A(2);

.

Part II — Seamen

United Kingdom

3

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

Great Britain

4

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

Northern Ireland

5

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

SCHEDULE 11

Licensing Act 1964 (c. 26)

1

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

Fair Trading Act 1973 (c. 41)

2

• (1) The Fair Trading Act 1973 shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Energy Act 1976 (c. 76)

3

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

Competition Act 1980 (c. 21)

4

• (1) The Competition Act 1980 shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Road Traffic Regulation Act 1984 (c. 27)

5

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

(e) an order under section 34 of the Deregulation and Contracting Out Act 1994.

Company Directors Disqualification Act 1986 (c. 46)

6

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

Building Societies Act 1986 (c. 53)

7

• (1) The Building Societies Act 1986 shall be amended as follows.

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

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

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

(e) where the advance is to be made in connection with a disposition of other land to the borrower, any person having a financial interest in the disposition of the other land and any director, other officer or employee of his or of an associated employer; and (f) where the advance is to be made in connection with a disposition of other land to the borrower, any person receiving a commission for introducing the parties to the transaction involving the disposition and any director, other officer or employee of his.

• (5) In section 13(3)—

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

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial Services Act 1986 (c. 60)

8

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

Companies Act 1989 (c. 40)

9

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

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

10

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

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

11

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

Charities Act 1993 (c. 10)

12

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

SCHEDULE 12

SCHEDULE 13

Part I — Amendment of the Transport Act 1968 (1968 c. 73)

1

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

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

2

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

• (2) Section 63(5) shall be omitted.

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

3

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

4

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

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

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

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

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

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

• (7) After section 69(10) there shall be inserted—

(10A) Where an operator’s licence is suspended under this section, the licence remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it.

5

• (1) In section 69A(1)—

• (a) for “authorised vehicles” there shall be substituted “ vehicles authorised to be used ”; and

• (b) after “specified” there shall be inserted “ as an operating centre of his ”.

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

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

(3A) The statement under subsection (2) of this section and any particulars required under subsection (3) of this section shall be given to the licensing authority in such form as he may require.

6

• (1) In section 69B(1) and (2)—

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

• (b) for “is unsuitable” there shall be substituted “ will be unsuitable ”.

• (2) In section 69B(3)—

• (a) for “authorised vehicles” there shall be substituted “ vehicles used ”, and

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

• (3) In section 69B(4)—

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

• (b) for “is unsuitable” there shall be substituted “ would be unsuitable ”.

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

(6) Where in the case of any application for an operator’s licence— (a) the licensing authority has power to refuse the application under subsection (3) or (4) of this section; and (b) any place other than a place that will be unsuitable for use as an operating centre is referred to in the statement under section 69A(2) of this Act as a proposed operating centre of the applicant, the authority may, instead of refusing the application, issue the licence specifying in it only such place or places referred to in that statement as will not be unsuitable for use as an operating centre. (6A) For the purposes of subsection (6) of this section, a place will be unsuitable for use as an operating centre if the licensing authority has power to refuse the application under subsection (3) or (4) of this section in consequence of the proposed use of that place as an operating centre.

• (5) Section 69B(7) shall be omitted.

7

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

(1) A licensing authority, on granting an operator’s licence or on varying such a licence on an application of which notice has been published under section 68(4) of this Act, may attach to it such conditions as he thinks fit for preventing or minimising any adverse effects on environmental conditions arising from the use of a place in the area of the authority as an operating centre of the licence-holder.

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

(3) On varying an operator’s licence on an application of which notice has been published under section 68(4) of this Act, the licensing authority may vary or remove any condition attached to the licence under this section.

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

(5) The licensing authority shall not— (a) attach any condition such as is mentioned in this section to an operator’s licence; or (b) vary in such manner as imposes new or further restrictions or requirements any condition attached to an operator’s licence under this section, without first giving the applicant for the licence or (as the case may be) the licence-holder an opportunity of making representations to the authority with respect to the effect on his business of the proposed condition or variation. (5A) The licensing authority shall give special consideration to any representations made under subsection (5) of this section in determining whether to attach the proposed condition or make the proposed variation.

8

Section 69F shall be omitted.

9

For section 69G there shall be substituted—

(69G) (1) Any objection or representations under section 69B, 69D or 69EB of this Act shall contain particulars of any matters alleged by the person making the objection or representations to be relevant to the issue to which the objection or representations relate. (2) Any such objection or representations shall be made in the prescribed manner and, in the case of an objection or representations under section 69B or 69D of this Act, within the prescribed time after the making of the application to which the objection or representations relate. (3) In the case of an objection or representations under section 69B or 69D of this Act, the prescribed manner and prescribed time shall be stated in the notice of the application published under section 63(1) or (as the case may be) 68(4) of this Act. (4) Where the licensing authority considers there to be exceptional circumstances that justify his doing so, he may direct that for the purposes of this Part of this Act— (a) objections or representations be treated as duly made under section 69B or 69D of this Act, notwithstanding that they were not made in the prescribed manner or within the prescribed time; (b) representations be treated as duly made under section 69EB of this Act, notwithstanding that they were not made in the prescribed manner or within the period of review in question. (69H) (1) In making any determination of a description mentioned in subsection (2) of this section, the licensing authority shall have regard to such considerations as may be prescribed as relevant to determinations of that description. (2) The determinations referred to are— (a) any determination with respect to the suitability of any place on environmental grounds for use as an operating centre of the holder of an operator’s licence; (b) any determination with respect to attaching any condition such as is mentioned in section 69C of this Act to an operator’s licence or varying or removing any such condition attached to an operator’s licence; and (c) any determination with respect to the effect on environmental conditions in any locality of the use in any particular manner of any operating centre of the holder of an operator’s licence. (3) In making any such determination for the purposes of exercising— (a) any of his functions in relation to an application for, or for the variation of, an operator’s licence; or (b) any of his functions under sections 69EA to 69EC of this Act, the licensing authority may take into account any undertakings given by the applicant or licence-holder (or procured by him to be given) for the purposes of the application or the review under sections 69EA to 69EC, and may assume that those undertakings will be fulfilled. (4) In making for those purposes a determination of a description mentioned in subsection (2)(a) or (c) of this section, the licensing authority may take into account any conditions such as are mentioned in section 69C of this Act that could be attached to the licence in question, and may assume that any conditions so attached will not be contravened. (5) Where the licensing authority— (a) grants an application for, or for the variation of, an operator’s licence; or (b) having served notice under section 69EA of this Act in respect of any place specified in such a licence, exercises or determines not to exercise any of his powers under sections 69EB and 69EC of this Act in relation to that place, any undertakings taken into account by the authority under subsection (4) of this section that the authority considers to be material to the application or (as the case may be) to his decision under sections 69EB and 69EC shall be recorded in the licence in question.

10

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

11

• (1) After section 84(a) there shall be inserted—

(aa) that, by virtue of a direction given by the authority under regulations made under section 86(2)(b) or (3) of this Act, a person is to be treated as having been the holder of an operator’s licence on any date;

.

• (2) For section 84(b) there shall be substituted—

(b) the date of the coming into force of any operator’s licence granted by the authority; (bb) the date on which any operator’s licence granted by the authority ceased to be in force;

.

• (3) For section 84(f) there shall be substituted—

(f) that an operator’s licence was on any date or during any specified period suspended by virtue of a direction given by the authority under section 69(1) of this Act; (g) that, by virtue of a direction given by the authority under regulations made under section 86(2)(a) of this Act, an operator’s licence is to be treated as having been suspended on any date or during any specified period,

.

12

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

13

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

14

• (1) In section 91(1)—

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

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

• (c) for paragraph (d) there shall be substituted—

(d) the custody, production, return and cancellation of operators’ licences and of documents, plates and any other means of identification prescribed under paragraph (c) of this subsection; (dd) the payment of a prescribed fee in respect of any document, plate or such other means of identification that has been lost, defaced or broken;

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

• (e) the words following paragraph (g) shall be omitted.

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

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

• (4) After section 91(4) there shall be inserted—

(4A) Any regulations under this Part of this Act may make— (a) different provision for different cases or classes of case and different circumstances; and (b) transitional provision; and regulations made by virtue of subsection (1)(c) of this section may make different provision for the areas of different licensing authorities.

• (5) After section 91(6) there shall be inserted—

(6A) No regulations shall be made under section 69EA(3) of this Act unless a draft of them has been laid before, and approved by a resolution of, each House of Parliament.

.

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

15

• (1) In section 92(1)—

• (a) the definition of “authorised vehicle” shall be omitted,

• (b) after the definition of “large goods vehicle” there shall be inserted—

“modification” includes addition, omission and alteration, and related expressions shall be construed accordingly;

,

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

• (d) after the definition of “regulations” there shall be inserted—

“statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978;

.

• (2) After section 92(2) there shall be inserted—

(2A) In this Part of this Act references to vehicles being authorised to be used under an operator’s licence are to be read in accordance with section 61 of this Act. (2B) In this Part of this Act references to the date on which an application is finally disposed of are references— (a) subject to paragraph (b) of this subsection, to the earliest date by which the application and any appeal to the Transport Tribunal arising out of the application have been determined and any time for bringing such an appeal has expired; or (b) if the application is withdrawn or any such appeal is abandoned, to the date of the withdrawal or abandonment.

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

(b) that a provision such as is mentioned in section 61(1A) or 61A(1)(b) or (2)(b) of this Act be included in the licence; (c) that any maximum number specified in the licence under section 61A of this Act be reduced;

.

• (4) After section 92(4) there shall be inserted—

(4A) In this Part of this Act, references to a person becoming a patient within the meaning of Part VII of the Mental Health Act 1983 include references to a curator bonis being appointed in respect of him in Scotland on the ground that he is incapable, by reason of mental disorder, of adequately managing and administering his property and affairs.

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

Part II — Amendment of other Enactments

16

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

• (a) for “or mark” there shall be substituted “ , mark or other thing ”, and

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

17

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

18

• (1) Section 73 of the Road Traffic Act 1988 shall be amended as follows.

• (2) In subsection (1)—

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

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

• (3) After subsection (1) there shall be inserted—