Deregulation Act 2015

Measures affecting the workplace: general

Health and safety at work: general duty of self-employed persons

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• (1) 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).

• (2) In subsection (2) (which imposes a general duty with respect to health and safety on self-employed persons)—

• (a) after “self-employed person” insert “ who conducts an undertaking of a prescribed description ”;

• (b) for “his undertaking” substitute “ the undertaking ”.

• (3) After subsection (2) insert—

(2A) A description of undertaking included in regulations under subsection (2) may be framed by reference to— (a) the type of activities carried out by the undertaking, where those activities are carried out or any other feature of the undertaking; (b) whether persons who may be affected by the conduct of the undertaking, other than the self-employed person (or his employees), may thereby be exposed to risks to their health or safety.

• (4) In section 11 of that Act (functions of the Executive), after subsection (4A) insert—

(4AA) Subsection (4)(b)(i) does not apply in relation to the making of regulations under section 3(2) for the railway safety purposes (and, accordingly, the Executive shall submit under subsection (3) such proposals as the Executive considers appropriate for the making of regulations under section 3(2) for those purposes).

• (5) In section 82 of that Act (general provisions as to interpretation and regulations)—

• (a) in subsection (3)(b) for “subsection (3A) or (4)” substitute “ subsection (3A), (3B) or (4) ”;

• (b) after subsection (3A) insert—

(3B) Regulations under section 3(2) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

• (6) 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.

Removal of employment tribunals’ power to make wider recommendations

2

• (1) 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)—

• (a) in the opening words, after “adverse effect” insert “ on the complainant ”;

• (b) omit paragraphs (a) and (b).

• (2) In consequence of subsection (1)—

• (a) in section 124(7) of that Act omit “in so far as it relates to the complainant”;

• (b) omit section 125 of that Act (remedies: national security).

Apprenticeships: simplification

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• (1) Schedule 1 makes provision about apprenticeships.

• (2) 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.

• (3) Part 2 of the Schedule contains further amendments of the 2009 Act in consequence of the amendments made by Part 1.

• (4) Part 3 of the Schedule contains minor amendments of the provision made by Part 1 of the 2009 Act about Welsh apprenticeships.

• (5) Part 4 of the Schedule contains transitional provision.

English apprenticeships: funding arrangements

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• (1) 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.

• (2) “Apprenticeship payments” are payments that may be made by the Secretary of State to any person—

• (a) 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

• (b) otherwise in connection with approved English apprenticeships.

• (3) 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.

• (4) The Commissioners may by regulations make provision as to the administration of payments where arrangements are made under subsection (1).

• (5) The regulations may, in particular, provide that the Commissioners may, instead of making payments to persons of a description specified in the regulations—

• (a) 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;

• (b) provide them with vouchers of equivalent amounts which may be used by them in connection with approved English apprenticeships.

• (6) 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.

• (7) The regulations may make different provision for different cases.

• (8) Regulations under this section may be made only with the consent of the Secretary of State.

• (9) Regulations under this section must be made by statutory instrument.

• (10) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

• (11) 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).

English apprenticeships: disclosure of information

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• (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.

• (2) 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.

• (3) 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.

• (4) If a person discloses, in contravention of subsection (3), any revenue and customs information relating to a person whose identity—

• (a) is specified in the disclosure, or

• (b) can be deduced from it,

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.

• (5) 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).

Requirements to wear safety helmets: exemption for Sikhs

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• (1) 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).

• (2) In subsection (1), for “on a construction site” substitute “ at a workplace ”.

• (3) In subsection (2), in paragraph (a), for “on a construction site” substitute “ at a workplace ”.

• (4) In subsection (5), in the opening words, for “on a construction site” substitute “ at a workplace ”.

• (5) After subsection (6) insert—

(6A) This section does not apply to a Sikh who— (a) works, or is training to work, in an occupation that involves (to any extent) providing an urgent response to fire, riot or other hazardous situations, and (b) is at the workplace— (i) to provide such a response in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or (ii) to receive training in how to provide such a response in circumstances of that kind. (6B) This section also does not apply to a Sikh who— (a) is a member of Her Majesty's forces or a person providing support to Her Majesty's forces, and (b) is at the workplace— (i) to take part in a military operation in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or (ii) to receive training in how to take part in such an operation in circumstances of that kind.

• (6) In subsection (7)—

• (a) omit the definitions of “building operations”, “works of engineering construction” and “construction site”;

• (b) before the definition of “injury”, insert—

“Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;

;

• (c) at the end insert—

“workplace” means any premises where work is being undertaken, including premises occupied or normally occupied as a private dwelling; and “premises” includes any place and, in particular, includes— (a) any vehicle, vessel, aircraft or hovercraft, (b) any installation (including a floating installation or one resting on the seabed or its subsoil or on other land covered with water or its subsoil), and (c) any tent or moveable structure.

• (7) In subsection (8), in paragraph (b), for “on a construction site” substitute “ at a workplace ”.

• (8) In subsection (9)—

• (a) for “relevant construction site” substitute “ relevant workplace ”;

• (b) for “construction site” (in the second place where it occurs) substitute “ workplace ”.

• (9) 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.”

• (10) In the sidenote, for “on construction sites” substitute “ at workplaces ”.

• (11) 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.

• (12) In subsection (1)—

• (a) in paragraph (a), for “on a construction site” substitute “ at a workplace ”;

• (b) in paragraph (b), for “on such a site” substitute “ at such a workplace ”.

• (13) In subsection (3), for “Subsections (7) to (10)” substitute “ Subsections (6A) to (10) ”.

Requirements to wear safety helmets: exemption for Sikhs: Northern Ireland

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• (1) Article 13 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990 (S.I. 1990/246) is amended in accordance with subsections (2) to (8).

• (2) In paragraph (1), for “on a construction site” substitute “ at a workplace ”.

• (3) In paragraph (2), in sub-paragraph (a), for “on a construction site” substitute “ at a workplace ”.

• (4) In paragraph (5), in the opening words, for “on a construction site” substitute “ at a workplace ”.

• (5) After paragraph (6) insert—

(6A) This Article does not apply to a Sikh who— (a) works, or is training to work, in an occupation that involves (to any extent) providing an urgent response to fire, riot or other hazardous situations, and (b) is at the workplace— (i) to provide such a response in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or (ii) to receive training in how to provide such a response in circumstances of that kind. (6B) This Article also does not apply to a Sikh who— (a) is a member of Her Majesty's forces or a person providing support to Her Majesty's forces, and (b) is at the workplace— (i) to take part in a military operation in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or (ii) to receive training in how to take part in such an operation in circumstances of that kind.

• (6) In paragraph (7)—

• (a) omit the definitions of “building operations”, “works of engineering construction” and “construction site”;

• (b) before the definition of “injury”, insert—

“Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;

;

• (c) at the end insert—

“workplace” means any premises where work is being undertaken, including premises occupied or normally occupied as a private dwelling; and “premises” includes any place and, in particular, includes— (a) any vehicle, vessel, aircraft or hovercraft, (b) any installation (including a floating installation or one resting on the seabed or its subsoil or on other land covered with water or its subsoil), and (c) any tent or moveable structure.

• (7) In paragraph (8), in sub-paragraph (b), for “on a construction site” substitute “ at a workplace ”.

• (8) In the heading, for “on construction sites” substitute “ at workplaces ”.

• (9) 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.

• (10) In paragraph (1)—

• (a) in sub-paragraph (a), for “on a construction site” substitute “ at a workplace ”;

• (b) in sub-paragraph (b), for “on such a site” substitute “ at such a workplace ”.

• (11) In paragraph (3), for “Paragraphs (7) and (8)” substitute “ Paragraphs (6A) to (8) ”.

Measures affecting business: particular areas

Driving instructors

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• (1) Schedule 2 makes provision to simplify the regulation of driving instructors by removing the separate system for the registration of disabled instructors.

• (2) 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.

• (3) 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.

• (4) Part 3 of the Schedule contains consequential and related amendments.

Motor insurers

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• (1) 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.

• (2) 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 ”.

• (3) 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 ”.

• (4) Omit subsections (4) to (5) (obligation to surrender certificate following cancellation of policy of insurance or security).

• (5) Schedule 3 makes amendments in consequence of this section.

Taxis and private hire vehicles: duration of licences

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• (1) The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows.

• (2) In section 53 (drivers' licences for hackney carriages and private hire vehicles)—

• (a) 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 ”;

• (b) 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 ”.

• (3) In section 55 (licensing of operators of private hire vehicles), for subsection (2) substitute—

(2) Every licence granted under this section shall remain in force for five years or for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of the case.

Private hire vehicles: sub-contracting

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In the Local Government (Miscellaneous Provisions) Act 1976, after section 55 insert—

(55A) (1) A person licensed under section 55 who has in a controlled district accepted a booking for a private hire vehicle may arrange for another person to provide a vehicle to carry out the booking if— (a) the other person is licensed under section 55 in respect of the same controlled district and the sub-contracted booking is accepted in that district; (b) the other person is licensed under section 55 in respect of another controlled district and the sub-contracted booking is accepted in that district; (c) the other person is a London PHV operator and the sub-contracted booking is accepted at an operating centre in London; or (d) the other person accepts the sub-contracted booking in Scotland. (2) It is immaterial for the purposes of subsection (1) whether or not sub-contracting is permitted by the contract between the person licensed under section 55 who accepted the booking and the person who made the booking. (3) Where a person licensed under section 55 in respect of a controlled district is also licensed under that section in respect of another controlled district, subsection (1) (so far as relating to paragraph (b) of that subsection) and section 55B(1) and (2) apply as if each licence were held by a separate person. (4) Where a person licensed under section 55 in respect of a controlled district is also a London PHV operator, subsection (1) (so far as relating to paragraph (c) of that subsection) and section 55B(1) and (2) apply as if the person holding the licence under section 55 and the London PHV operator were separate persons. (5) Where a person licensed under section 55 in respect of a controlled district also makes provision in the course of a business for the invitation or acceptance of bookings for a private hire car or taxi in Scotland, subsection (1) (so far as relating to paragraph (d) of that subsection) and section 55B(1) and (2) apply as if the person holding the licence under section 55 and the person making the provision in Scotland were separate persons. In this subsection, “private hire car” and “taxi” have the same meaning as in sections 10 to 22 of the Civic Government (Scotland) Act 1982. (6) In this section, “London PHV operator” and “operating centre” have the same meaning as in the Private Hire Vehicles (London) Act 1998. (55B) (1) In this section— - “the first operator” means a person licensed under section 55 who has in a controlled district accepted a booking for a private hire vehicle and then made arrangements for another person to provide a vehicle to carry out the booking in accordance with section 55A(1); - “the second operator” means the person with whom the first operator made the arrangements (and, accordingly, the person who accepted the sub-contracted booking). (2) The first operator is not to be treated for the purposes of section 46(1)(e) as operating a private hire vehicle by virtue of having invited or accepted the booking. (3) The first operator is guilty of an offence if— (a) the second operator is a person mentioned in section 55A(1)(a) or (b), (b) the second operator contravenes section 46(1)(e) in respect of the sub-contracted booking, and (c) the first operator knew that the second operator would contravene section 46(1)(e) in respect of the booking.

Space activity: limit on indemnity required

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• (1) The Outer Space Act 1986 is amended as follows.

• (2) In section 3 (prohibition of unlicensed activities), after subsection (3) insert—

(3A) An order under subsection (3) may— (a) provide that section 10(1) does not apply to a person to the extent that the person is carrying on activities that do not require a licence by virtue of the order; (b) specify the maximum amount of a person's liability under section 10(1) so far as the liability relates to the carrying on of activities that do not require a licence by virtue of the order.

• (3) In section 5 (terms of licence), after subsection (2) insert—

(3) A licence must specify the maximum amount of the licensee's liability to indemnify Her Majesty's government in the United Kingdom under section 10 in respect of activities authorised by the licence.

• (4) In section 10 (obligation to indemnify government against claims), after subsection (1) insert—

(1A) Subsection (1) is subject to— (a) any limit on the amount of a person's liability that is specified in a licence, and (b) any order made under section 3(3).

• (5) The Secretary of State may vary any licence under section 4 of the 1986 Act that is held at the time when this section comes into force so as to specify the maximum amount of the licensee's liability under section 10 of that Act.

• (6) A variation under subsection (5) is to be made by giving notice in writing to the licensee.

• (7) 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).

Agricultural Holdings Act 1986: resolution of disputes by third party determination

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Schedule 4 amends the Agricultural Holdings Act 1986 to provide for certain matters arising under the Act to be capable of third party determination.

Shippers etc of gas

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• (1) In Part 1 of the Energy Act 2008 (gas importation and storage), after section 3 insert—

(3A) The prohibition in section 2(1) does not apply to a person (“A”) who uses a controlled place for the unloading of gas to an installation if— (a) the installation is maintained by another person (“B”) who has a licence in respect of the maintenance of the installation and the use of a controlled place for the unloading of gas to it, and (b) B consents to the use by A of the controlled place for the unloading of gas to the installation.

• (2) In consequence of subsection (1), in section 2(2) of the 2008 Act, for “section 3” substitute “ sections 3 and 3A ”.

Suppliers of fuel and fireplaces

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• (1) Part 3 of the Clean Air Act 1993 (smoke control areas) is amended as follows.

• (2) 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—

(5ZA) In the application of this Part to England, “authorised fuel” means a fuel included in a list of authorised fuels kept by the Secretary of State for the purposes of this Part. (5ZB) The Secretary of State must— (a) publish the list of authorised fuels, and (b) publish a revised copy of the list as soon as is reasonably practicable after any change is made to it. (5ZC) The list must be published in such manner as the Secretary of State considers appropriate.

• (3) 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 ”.

• (4) In section 21 (power by order to exempt certain fireplaces), at the beginning insert—

(A1) For the purposes of the application of this Part to England, the Secretary of State may exempt any class of fireplace from the provisions of section 20 (prohibition of smoke emissions in smoke control area) if he is satisfied that such fireplaces can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke. (A2) An exemption under subsection (A1) may be made subject to such conditions as the Secretary of State considers appropriate. (A3) The Secretary of State must— (a) publish a list of those classes of fireplace that are exempt under subsection (A1) including details of any conditions to which an exemption is subject; (b) publish a revised copy of the list as soon as is reasonably practicable after any change is made to the classes of fireplace that are so exempt or to the conditions to which an exemption is subject. (A4) The list must be published in such manner as the Secretary of State considers appropriate.

• (5) 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 ”.

• (6) In the sidenote to that section, omit “by order”.

• (7) In section 29 (interpretation of Part 3), in the definition of “authorised fuel”, for “20(6)” substitute “ 20 ”.

Sellers of knitting yarn

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• (1) The Weights and Measures (Knitting Yarns) Order 1988 (S.I. 1988/895) (quantities in which yarn is to be sold) is revoked.

• (2) 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

Authorisation of insolvency practitioners

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• (1) Part 13 of the Insolvency Act 1986 (insolvency practitioners and their qualification) is amended in accordance with subsections (2) to (4).

• (2) In section 390 (persons not qualified to act as insolvency practitioners), for subsection (2) substitute—

(2) A person is not qualified to act as an insolvency practitioner at any time unless at that time the person is appropriately authorised under section 390A.

• (3) After section 390 insert—

(390A) (1) In this Part— - “partial authorisation” means authorisation to act as an insolvency practitioner— 1. only in relation to companies, or 2. only in relation to individuals; - “full authorisation” means authorisation to act as an insolvency practitioner in relation to companies, individuals and insolvent partnerships; - “partially authorised” and “fully authorised” are to be construed accordingly. (2) A person is fully authorised under this section to act as an insolvency practitioner— (a) by virtue of being a member of a professional body recognised under section 391(1) and being permitted to act as an insolvency practitioner for all purposes by or under the rules of that body, or (b) by holding an authorisation granted by the Department of Enterprise, Trade and Investment in Northern Ireland under Article 352 of the Insolvency (Northern Ireland) Order 1989. (3) A person is partially authorised under this section to act as an insolvency practitioner— (a) by virtue of being a member of a professional body recognised under section 391(1) and being permitted to act as an insolvency practitioner in relation only to companies or only to individuals by or under the rules of that body, or (b) by virtue of being a member of a professional body recognised under section 391(2) and being permitted to act as an insolvency practitioner by or under the rules of that body. (390B) (1) A person who is partially authorised to act as an insolvency practitioner in relation to companies may nonetheless not accept an appointment to act in relation to a company if at the time of the appointment the person is aware that the company— (a) is or was a member of a partnership, and (b) has outstanding liabilities in relation to the partnership. (2) A person who is partially authorised to act as an insolvency practitioner in relation to individuals may nonetheless not accept an appointment to act in relation to an individual if at the time of the appointment the person is aware that the individual— (a) is or was a member of a partnership other than a Scottish partnership, and (b) has outstanding liabilities in relation to the partnership. (3) Subject to subsection (9), a person who is partially authorised to act as an insolvency practitioner in relation to companies may nonetheless not continue to act in relation to a company if the person becomes aware that the company— (a) is or was a member of a partnership, and (b) has outstanding liabilities in relation to the partnership, unless the person is granted permission to continue to act by the court. (4) Subject to subsection (9), a person who is partially authorised to act as an insolvency practitioner in relation to individuals may nonetheless not continue to act in relation to an individual if the person becomes aware that the individual— (a) is or was a member of a partnership other than a Scottish partnership, and (b) has outstanding liabilities in relation to the partnership, unless the person is granted permission to continue to act by the court. (5) The court may grant a person permission to continue to act for the purposes of subsection (3) or (4) if it is satisfied that the person is competent to do so. (6) A person who is partially authorised and becomes aware as mentioned in subsection (3) or (4) may alternatively apply to the court for an order (a “ replacement order ”) appointing in his or her place a person who is fully authorised to act as an insolvency practitioner in relation to the company or (as the case may be) the individual. (7) A person may apply to the court for permission to continue to act or for a replacement order under— (a) where acting in relation to a company, this section or, if it applies, section 168(5B) (member of insolvent partnership: England and Wales); (b) where acting in relation to an individual, this section or, if it applies, section 303(2C) (member of insolvent partnership: England and Wales). (8) A person who acts as an insolvency practitioner in contravention of any of subsections (1) to (4) is guilty of an offence under section 389 (acting without qualification). (9) A person does not contravene subsection (3) or (4) by continuing to act as an insolvency practitioner during the permitted period if, within the period of 7 business days beginning with the day after the day on which the person becomes aware as mentioned in the subsection, the person— (a) applies to the court for permission to continue to act, or (b) applies to the court for a replacement order. (10) For the purposes of subsection (9)— - “business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of Great Britain; - “permitted period” means the period beginning with the day on which the person became aware as mentioned in subsection (3) or (4) and ending on the earlier of— 1. the expiry of the period of 6 weeks beginning with the day on which the person applies to the court as mentioned in subsection (9)(a) or (b), and 2. the day on which the court disposes of the application (by granting or refusing it); - “replacement order” has the meaning given by subsection (6).

• (4) For section 391 (recognised professional bodies) substitute—

(391) (1) The Secretary of State may by order declare a body which appears to the Secretary of State to meet the requirements of subsection (4) to be a recognised professional body which is capable of providing its insolvency specialist members with full authorisation or partial authorisation. (2) The Secretary of State may by order declare a body which appears to the Secretary of State to meet the requirements of subsection (4) to be a recognised professional body which is capable of providing its insolvency specialist members with partial authorisation only. (3) An order under subsection (2) must state whether the partial authorisation relates to companies or to individuals. (4) The requirements are that the body— (a) regulates the practice of a profession, and (b) maintains and enforces rules for securing that its insolvency specialist members— (i) are fit and proper persons to act as insolvency practitioners, and (ii) meet acceptable requirements as to education and practical training and experience. (5) The Secretary of State may make an order revoking an order under subsection (1) or (2) in relation to a professional body if it appears to the Secretary of State that the body no longer meets the requirements of subsection (4). (6) The Secretary of State may make an order revoking an order under subsection (1) and replacing it with an order under subsection (2) in relation to a professional body if it appears to the Secretary of State that the body is capable of providing its insolvency specialist members with partial authorisation only. (7) An order of the Secretary of State under this section has effect from such date as is specified in the order. (8) An order revoking an order made under subsection (1) or (2) may make provision whereby members of the body in question continue to be treated as fully or partially authorised to act as insolvency practitioners (as the case may be) for a specified period after the revocation takes effect. (9) In this section— (a) references to members of a recognised professional body are to persons who, whether members of that body or not, are subject to its rules in the practice of the profession in question (and the references in section 390A to members of a recognised professional body are to be read accordingly); (b) references to insolvency specialist members of a professional body are to members who are permitted by or under the rules of the body to act as insolvency practitioners.

• (5) In section 415A of the Insolvency Act 1986 (fees orders (general))—

• (a) 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) ”;

• (b) after subsection (1) (fees for grant or maintenance of recognition of professional body) insert—

(1A) Fees under subsection (1) may vary according to whether the body is recognised under section 391(1) (body providing full and partial authorisation) or under section 391(2) (body providing partial authorisation).

• (6) 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.

Auditors ceasing to hold office

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• (1) Chapter 4 of Part 16 of the Companies Act 2006 (audit: removal, resignation, etc of auditors) is amended as follows.

• (2) In section 519 (statement by auditor to be deposited with company on ceasing to hold office), for subsections (1) to (3) substitute—

(1) An auditor of a public interest company who is ceasing to hold office (at any time and for any reason) must send to the company a statement of the reasons for doing so. (2) An auditor (“A”) of a non-public interest company who is ceasing to hold office must send to the company a statement of the reasons for doing so unless A satisfies the first or second condition. (2A) The first condition is that A is ceasing to hold office— (a) in the case of a private company, at the end of a period for appointing auditors; (b) in the case of a public company, at the end of an accounts meeting. (2B) The second condition is that— (a) A's reasons for ceasing to hold office are all exempt reasons (as to which see section 519A(3)), and (b) there are no matters connected with A's ceasing to hold office that A considers need to be brought to the attention of members or creditors of the company. (3) A statement under this section must include— (a) the auditor's name and address; (b) the number allocated to the auditor on being entered in the register of auditors kept under section 1239; (c) the company's name and registered number. (3A) Where there are matters connected with an auditor's ceasing to hold office that the auditor considers need to be brought to the attention of members or creditors of the company, the statement under this section must include details of those matters. (3B) Where— (a) an auditor (“A”) of a non-public interest company is required by subsection (2) to send a statement, and (b) A considers that none of the reasons for A's ceasing to hold office, and no matters (if any) connected with A's ceasing to hold office, need to be brought to the attention of members or creditors of the company, A's statement under this section must include a statement to that effect.

• (3) After section 519 insert—

(519A) (1) In this Chapter— - “public interest company” means a company— 1. any of whose transferable securities are included in the official list (within the meaning of Part 6 of the Financial Services and Markets Act 2000), or 2. any of whose equity share capital is officially listed in an EEA state; - “non-public interest company” means a company that is not a public interest company. (2) For the purposes of the definition of “public interest company”, “transferable securities” means anything which is a transferable security for the purposes of Directive 2004/39/EC of the European Parliament and of the Council on markets in financial instruments. (3) In the application of this Chapter to an auditor (“A”) of a company ceasing to hold office, the following are “exempt reasons”— (a) A is no longer to carry out statutory audit work within the meaning of Part 42 (see section 1210(1)); (b) the company is, or is to become, exempt from audit under section 477, 479A or 480, or from the requirements of this Part under section 482, and intends to include in its balance sheet a statement of the type described in section 475(2); (c) the company is a subsidiary undertaking of a parent undertaking that is incorporated in the United Kingdom and— (i) the parent undertaking prepares group accounts, and (ii) A is being replaced as auditor of the company by the auditor who is conducting, or is to conduct, an audit of the group accounts; (d) the company is being wound up under Part 4 of the Insolvency Act 1986 or Part 5 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), whether voluntarily or by the court, or a petition under Part 4 of that Act or Part 5 of that Order for the winding up of the company has been presented and not finally dealt with or withdrawn. (4) But the reason described in subsection (3)(c) is only an exempt reason if the auditor who is conducting, or is to conduct, an audit of the group accounts is also conducting, or is also to conduct, the audit (if any) of the accounts of each of the subsidiary undertakings (of the parent undertaking) that is incorporated in the United Kingdom and included in the consolidation. (5) The Secretary of State may by order amend the definition of “public interest company” in subsection (1). (6) An order under subsection (5) is subject to negative resolution procedure.

• (4) In section 523 (duty of company to notify appropriate audit authority), for subsections (1) to (3) substitute—

(1) This section applies if an auditor is ceasing to hold office— (a) in the case of a private company, at any time other than at the end of a period for appointing auditors; (b) in the case of a public company, at any time other than at the end of an accounts meeting. (1A) But this section does not apply if the company reasonably believes that the only reasons for the auditor's ceasing to hold office are exempt reasons (as to which see section 519A(3)). (2) Where this section applies, the company must give notice to the appropriate audit authority that the auditor is ceasing to hold office. (2A) The notice is to take the form of a statement by the company of what the company believes to be the reasons for the auditor's ceasing to hold office and must include the information listed in section 519(3). This is subject to subsection (2C). (2B) Subsection (2C) applies where— (a) the company receives a statement from the auditor under section 519, (b) the statement is sent at the time required by section 519(4), and (c) the company agrees with the contents of the statement. (2C) Where this subsection applies, the notice may instead take the form of a copy of the statement endorsed by the company to the effect that it agrees with the contents of the statement. (3) A notice under this section must be given within the period of 28 days beginning with the day on which the auditor ceases to hold office.

• (5) Schedule 5 (auditors ceasing to hold office) makes provision about the following matters—

• (a) the notification requirements that apply on an auditor ceasing to hold office;

• (b) the requirements that apply if there is a failure to re-appoint an auditor;

• (c) the replacement of references to documents being deposited at a company's registered office.

Insolvency and company law: miscellaneous

19

Schedule 6 makes provision about the following matters—

• (a) deeds of arrangement;

• (b) administration and winding up of companies;

• (c) disqualification of unfit directors of insolvent companies;

• (d) bankruptcy;

• (e) insolvency practitioners;

• (f) liabilities of administrators etc and preferential debts;

• (g) appointment of proxies under company law.

Use of land

Recorded rights of way: additional protection

20

In the Countryside and Rights of Way Act 2000, after section 55 (bridleway rights over ways shown as bridleways) insert—

(55A) (1) A surveying authority in England may not, at any time after the cut-off date, make a modification to a definitive map and statement under section 53(2)(b) of the Wildlife and Countryside Act 1981 if— (a) the modification might affect the exercise of a protected right of way, and (b) the only basis for the authority considering that the modification is requisite is the discovery by the authority of evidence that the right of way did not exist before 1 January 1949. (2) In subsection (1), “protected right of way” means any right of way over land shown in the definitive map and statement on the cut-off date as a footpath, bridleway, restricted byway or byway open to all traffic. (3) In this section, “cut-off date” has the meaning given in section 56.

Unrecorded rights of way: protection from extinguishment

21

In the Countryside and Rights of Way Act 2000, after section 56 (cut-off date for extinguishment of certain unrecorded rights of way) insert—

(56A) (1) The provision that may be made by regulations under section 56(2) by the Secretary of State includes— (a) provision enabling a surveying authority to designate, at any time during the period of one year beginning with the cut-off date, public rights of way in their area that were extinguished immediately after that date, subject to any conditions or exceptions specified in the regulations; (b) provision for a designated right of way to cease to be regarded as extinguished as from the time of the designation; (c) provision requiring a surveying authority to determine, within a period specified in the regulations, whether to make an order under section 53(2) of the 1981 Act making modifications to a definitive map and statement to show a designated right of way; (d) provision as to the procedure applicable in relation to such a determination, including provision for an application to be made to a magistrates' court where a surveying authority fails to make the determination within a period specified in the regulations; (e) provision for a designated right of way to be extinguished if a surveying authority determines not to make an order under section 53(2) of the 1981 Act or if such an order is made but is not confirmed or is quashed, subject to any exceptions specified in the regulations; (f) provision requiring a surveying authority to keep such information as may be specified in the regulations about designated rights of way in a separate part of the register maintained by them under section 53B of the 1981 Act. (2) The provision that may be made by virtue of subsection (1)(d) includes provision applying Schedule 14A to the 1981 Act, subject to such modifications as may be specified in the regulations. (3) Regulations under section 56(2) made by the Secretary of State may also provide— (a) that an enactment specified in the regulations which would otherwise apply in relation to a designated right of way does not so apply, or so applies with modifications specified in the regulations, in relation to times during the designation period (see subsection (4) below); (b) where an order under section 53(2) of the 1981 Act making modifications to a definitive map and statement to show a designated right of way takes effect, that the modifications are to be treated, for the purposes of section 55A, as having taken effect immediately before the cut-off date. (4) In subsection (3)(a), “the designation period” means the period which— (a) begins when the right of way is designated, and (b) ends when— (i) an order under section 53(2) of the 1981 Act making modifications to a definitive map and statement to show the right of way takes effect, or (ii) if no such order is made, the right of way is extinguished in accordance with the regulations. (5) In this section— - “cut-off date” has the meaning given in section 56; - “enactment” means a provision of an Act or of subordinate legislation (within the meaning of the Interpretation Act 1978).

Conversion of public rights of way to private rights of way

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• (1) In the Countryside and Rights of Way Act 2000, after section 56A (as inserted by section 21) insert—

(56B) (1) This section applies where— (a) a public right of way over land in England would be extinguished under section 53 immediately after the cut-off date, and (b) on the cut-off date, the exercise of the right of way— (i) is reasonably necessary to enable a person with an interest in land to obtain access to it, or (ii) would have been reasonably necessary to enable that person to obtain access to a part of that land if the person had an interest in that part only. (2) The public right of way becomes, immediately after the cut-off date, a private right of way of the same description for the benefit of the land or (as the case may be) the part of the land. (3) For the purposes of subsection (1)(b), it is irrelevant whether the person is, on the cut-off date, in fact— (a) exercising the existing public right of way, or (b) able to exercise it. (4) In this section, “cut-off date” has the meaning given in section 56.

• (2) In consequence of the amendments made by sections 20 and 21 and this section, in section 56 of the 2000 Act, in subsection (1), for “sections 53 and 55” substitute “ sections 53, 55, 55A, 56A and 56B ”.

Applications by owners etc for public path orders

23

• (1) The Highways Act 1980 is amended as follows.

• (2) 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, ”.

• (3) 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, ”.

• (4) 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, ”.

• (5) After section 121E(1) insert—

(1A) Where an appeal to the Secretary of State is brought under section 121D(1)(a) above, in relation to an application made under section 118ZA or 119ZA above to a council in England, the Secretary of State shall either— (a) determine not to make an order on the application, or (b) take the steps mentioned in subsection (1)(a) to (c). (1B) Where the Secretary of State determines under subsection (1A)(a) not to make an order, the Secretary of State shall inform the applicant of the decision and the reasons for it.

• (6) In Schedule 6, in paragraph 2A(1)(b), after “section 121E(1)(c)” insert “ or (1A)(a) ”.

Extension of powers to authorise erection of gates at owner’s request

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• (1) 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.

• (2) In subsection (1), after “For the purposes of this section” insert “ as it applies in relation to footpaths or bridleways, ”.

• (3) After subsection (1) insert—

(1A) The following provisions of this section, so far as relating to the erection of gates, also apply where the owner, lessee or occupier of agricultural land in England, or of land in England which is being brought into use for agriculture, represents to a competent authority in England, as respects a restricted byway or byway open to all traffic that crosses the land, that for securing that the use, or any particular use, of the land for agriculture shall be efficiently carried on, it is expedient that gates for preventing the ingress or egress of animals should be erected on the byway. For the purposes of this section the following are competent authorities— (a) in the case of a restricted byway which is for the time being maintained by a non-metropolitan district council by virtue of section 42 above, that council and also the highway authority; and (b) in the case of any other restricted byway or in the case of a byway open to all traffic, the highway authority.

• (4) In subsection (3), for “footpath or bridleway” substitute “ footpath, bridleway or byway ”.

• (5) After subsection (5) insert—

(5A) In this section, “byway open to all traffic” has the same meaning as in Part 3 of the Wildlife and Countryside Act 1981 (see section 66(1) of that Act).

• (6) In consequence of the amendments made by this section to section 147, section 146 of the 1980 Act is amended as follows—

• (a) in subsection (1), after “restricted byway” (in the first place it occurs) insert “ or across a byway open to all traffic in England ”;

• (b) in that subsection, for “or restricted byway” (in the second place it occurs) substitute “ , restricted byway or byway open to all traffic ”;

• (c) in subsection (2)(b), after “restricted byway” insert “ or in the case of a byway open to all traffic ”;

• (d) after subsection (5) insert—

(6) In this section, “byway open to all traffic” has the same meaning as in Part 3 of the Wildlife and Countryside Act 1981 (see section 66(1) of that Act).

;

• (e) in the heading to the section, for “restricted byways” substitute “ byways ”.

Applications for certain orders under Highways Act 1980: cost recovery

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• (1) The Highways Act 1980 is amended as follows.

• (2) 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 ”.

• (3) 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 ”.

• (4) 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 ”.

• (5) 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) ”.

• (6) 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—

(4) For the purposes of sub-paragraph (1) as it applies in relation to section 250(4) of the Local Government Act 1972, the consideration by a person appointed as mentioned in sub-paragraph (2)(b), (2A)(b), (3)(b) or (5) of paragraph 2 of any representations or objections about an order relating to land in England is to be treated as a hearing which the Secretary of State has caused to be held under that paragraph.

Public rights of way: procedure

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• (1) 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.

• (2) Part 1 of the Schedule amends Part 3 of the Wildlife and Countryside Act 1981 (“the 1981 Act”) so as to—

• (a) 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;

• (b) 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;

• (c) 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;

• (d) 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.

• (3) 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.

• (4) 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.

• (5) 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.

• (6) Part 5 of the Schedule makes amendments that are consequential on the other Parts.

• (7) 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.

• (8) Regulations under subsection (7) may make different provision for different purposes.

• (9) Regulations under subsection (7) must be made by statutory instrument.

• (10) A statutory instrument containing regulations under subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament.

Erection of public statues (London): removal of consent requirement

27

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

Reduction of qualifying period for right to buy

28

• (1) The Housing Act 1985 is amended as follows.

• (2) In section 119 (which sets out the qualifying period for the right to buy), before subsection (1) insert—

(A1) In the application of this Part to England, the right to buy does not arise unless the period which, in accordance with Schedule 4, is to be taken into account for the purposes of this section is at least three years.

• (3) In subsection (1), at the beginning insert “ In the application of this Part to Wales, ”.

• (4) In subsection (2), after “subsection” insert “ (A1) or ”.

Removal of power to require preparation of housing strategies

29

• (1) 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.

• (2) Accordingly, that section is amended as follows.

• (3) In subsection (1)—

• (a) in the opening words, for “The appropriate person” substitute “ The Welsh Ministers ”;

• (b) in paragraph (a)—

• (i) after “a local housing authority” insert “ in Wales ”;

• (ii) for “the appropriate person” substitute “ the Welsh Ministers ”.

• (4) In subsection (2)—

• (a) for “The appropriate person” substitute “ The Welsh Ministers ”;

• (b) after “a local housing authority” insert “ in Wales ”;

• (c) for “the appropriate person” (in each place where it occurs) substitute “ the Welsh Ministers ”.

• (5) In subsection (3)—

• (a) in the opening words, for “The appropriate person” substitute “ The Welsh Ministers ”;

• (b) in paragraph (c), for “the appropriate person” substitute “ the Welsh Ministers ”.

• (6) In consequence of the amendments made by this section to section 87 of the 2003 Act—

• (a) in section 88(2) of that Act, in paragraph (a), after “an authority” insert “ in Wales ”;

• (b) in section 333D(3) of the Greater London Authority Act 1999, in the definition of “local housing strategy”—

• (i) omit paragraph (a);

• (ii) in paragraph (b), omit “other”.

Tenancy deposits: provision of information by agents

30

• (1) The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (S.I. 2007/797) is amended as follows.

• (2) In article 2 (prescribed information relating to tenancy deposits), after paragraph (2) insert—

(3) In a case where the initial requirements of an authorised scheme have been complied with in relation to the deposit by a person (“the initial agent”) acting on the landlord's behalf in relation to the tenancy— (a) references in paragraph (1)(b), (g)(iii) and (vii) to the landlord are to be read as references to either the landlord or the initial agent; (b) references in paragraphs (1)(d), (e), (g)(iv) and (vi) and (2) to the landlord are to be read as references to either the landlord or a person who acts on the landlord's behalf in relation to the tenancy. (4) In any other case, references in paragraphs (1)(d), (e), (g)(iv) and (vi) and (2) to the landlord are to be read as references to either the landlord or a person who acts on the landlord's behalf in relation to the tenancy. (5) Section 212(9)(a) of the Act (references to landlord include persons acting on landlord's behalf) does not apply for the purposes of this article.

• (3) After article 2 insert—

(3) (1) Paragraphs (3) to (5) of article 2 are treated as having had effect since 6th April 2007, subject to the following provisions of this article. (2) Paragraphs (3) to (5) of article 2 do not have effect in relation to— (a) a claim under section 214 of the Act or section 21 of the Housing Act 1988 in respect of a tenancy which is settled before the commencement date (whether or not proceedings in relation to the claim have been instituted), or (b) proceedings under either of those sections in respect of a tenancy which have been finally determined before the commencement date. (3) Paragraph (5) applies in respect of a tenancy if— (a) proceedings under section 214 of the Act in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and (b) because of paragraphs (3) to (5) of article 2, the court decides— (i) not to make an order under section 214(4) of that Act in respect of the tenancy, or (ii) to allow an appeal by the landlord against such an order. (4) Paragraph (5) also applies in respect of a tenancy if— (a) proceedings for possession under section 21 of the Housing Act 1988 in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and (b) because of paragraphs (3) to (5) of article 2, the court decides— (i) to make an order for possession under that section in respect of the tenancy, or (ii) to allow an appeal by the landlord against a refusal to make such an order. (5) Where this paragraph applies, the court must not order the tenant or any relevant person (as defined by section 213(10) of the Act) to pay the landlord's costs, to the extent that the court reasonably considers those costs are attributable to the proceedings under section 214 of the Act or (as the case may be) section 21 of the Housing Act 1988. (6) Proceedings have been “finally determined” for the purposes of this article if— (a) they have been determined by a court, and (b) there is no further right to appeal against the determination. (7) There is no further right to appeal against a court determination if there is no right to appeal against the determination, or there is such a right but— (a) the time limit for making an appeal has expired without an appeal being brought, or (b) an appeal brought within that time limit has been withdrawn. (8) In this article “the commencement date” means the date on which the Deregulation Act 2015 is passed.

• (4) 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.

• (5) In subsection (4), “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Tenancy deposits: non-compliance with requirements

31

• (1) Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes) is amended as follows.

• (2) In section 214 (proceedings relating to tenancy deposits), in subsection (1), after “shorthold tenancy” insert “ on or after 6 April 2007 ”.

• (3) In section 215 (sanctions for non-compliance)—

• (a) for subsection (1) substitute—

(1) Subject to subsection (2A), if (whether before, on or after 6 April 2007) a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when the deposit is not being held in accordance with an authorised scheme. (1A) Subject to subsection (2A), if a tenancy deposit has been paid in connection with a shorthold tenancy on or after 6 April 2007, no section 21 notice may be given in relation to the tenancy at a time when section 213(3) has not been complied with in relation to the deposit.

;

• (b) in subsection (2A), after “Subsections (1)” insert “ , (1A) ”.

Tenancy deposits: deemed compliance with requirements

32

In Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes), after section 215 insert—