Deregulation Act 2015

(215A) (1) This section applies where— (a) before 6 April 2007, a tenancy deposit has been received by a landlord in connection with a fixed term shorthold tenancy, (b) on or after that date, a periodic shorthold tenancy is deemed to arise under section 5 of the Housing Act 1988 on the coming to an end of the fixed term tenancy, (c) on the coming to an end of the fixed term tenancy, all or part of the deposit paid in connection with the fixed term tenancy is held in connection with the periodic tenancy, and (d) the requirements of section 213(3), (5) and (6) have not been complied with by the landlord in relation to the deposit held in connection with the periodic tenancy. (2) If, on the commencement date— (a) the periodic tenancy is in existence, and (b) all or part of the deposit paid in connection with the fixed term tenancy continues to be held in connection with the periodic tenancy, section 213 applies in respect of the deposit that continues to be held in connection with the periodic tenancy, and any additional deposit held in connection with that tenancy, with the modifications set out in subsection (3). (3) The modifications are that, instead of the things referred to in section 213(3) and (5) being required to be done within the time periods set out in section 213(3) and (6)(b), those things are required to be done— (a) before the end of the period of 90 days beginning with the commencement date, or (b) (if earlier) before the first day after the commencement date on which a court does any of the following in respect of the periodic tenancy— (i) determines an application under section 214 or decides an appeal against a determination under that section; (ii) makes a determination as to whether to make an order for possession in proceedings under section 21 of the Housing Act 1988 or decides an appeal against such a determination. (4) If, on the commencement date— (a) the periodic tenancy is no longer in existence, or (b) no deposit continues to be held in connection with the periodic tenancy, the requirements of section 213(3), (5) and (6) are treated as if they had been complied with by the landlord in relation to any deposit that was held in connection with the periodic tenancy. (5) In this section “the commencement date” means the date on which the Deregulation Act 2015 is passed. (215B) (1) This section applies where— (a) on or after 6 April 2007, a tenancy deposit has been received by a landlord in connection with a shorthold tenancy (“the original tenancy”), (b) the initial requirements of an authorised scheme have been complied with by the landlord in relation to the deposit (ignoring any requirement to take particular steps within any specified period), (c) the requirements of section 213(5) and (6)(a) have been complied with by the landlord in relation to the deposit when it is held in connection with the original tenancy (ignoring any deemed compliance under section 215A(4)), (d) a new shorthold tenancy comes into being on the coming to an end of the original tenancy or a tenancy that replaces the original tenancy (directly or indirectly), (e) the new tenancy replaces the original tenancy (directly or indirectly), and (f) when the new tenancy comes into being, the deposit continues to be held in connection with the new tenancy, in accordance with the same authorised scheme as when the requirements of section 213(5) and (6)(a) were last complied with by the landlord in relation to the deposit. (2) In their application to the new tenancy, the requirements of section 213(3), (5) and (6) are treated as if they had been complied with by the landlord in relation to the deposit. (3) The condition in subsection (1)(a) may be met in respect of a tenancy even if the tenancy deposit was first received in connection with an earlier tenancy (including where it was first received before 6 April 2007). (4) For the purposes of this section, a tenancy replaces an earlier tenancy if— (a) the landlord and tenant immediately before the coming to an end of the earlier tenancy are the same as the landlord and tenant at the start of the new tenancy, and (b) the premises let under both tenancies are the same or substantially the same. (215C) (1) Sections 215A and 215B are treated as having had effect since 6 April 2007, subject to the following provisions of this section. (2) Sections 215A and 215B do not have effect in relation to— (a) a claim under section 214 of this 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) Subsection (5) applies in respect of a tenancy if— (a) proceedings under section 214 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 section 215A(4) or 215B(2), the court decides— (i) not to make an order under section 214(4) in respect of the tenancy, or (ii) to allow an appeal by the landlord against such an order. (4) Subsection (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 section 215A(4) or 215B(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 subsection applies, the court must not order the tenant or any relevant person (as defined by section 213(10)) 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 this 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 section 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 section “the commencement date” means the date on which the Deregulation Act 2015 is passed.

Preventing retaliatory eviction

33

• (1) Where a relevant notice is served in relation to a dwelling-house in England, a section 21 notice may not be given in relation to an assured shorthold tenancy of the dwelling-house—

• (a) within six months beginning with the day of service of the relevant notice, or

• (b) where the operation of the relevant notice has been suspended, within six months beginning with the day on which the suspension ends.

• (2) A section 21 notice given in relation to an assured shorthold tenancy of a dwelling-house in England is invalid where—

• (a) before the section 21 notice was given, the tenant made a complaint in writing to the landlord regarding the condition of the dwelling-house at the time of the complaint,

• (b) the landlord—

• (i) did not provide a response to the complaint within 14 days beginning with the day on which the complaint was given,

• (ii) provided a response to the complaint that was not an adequate response, or

• (iii) gave a section 21 notice in relation to the dwelling-house following the complaint,

• (c) the tenant then made a complaint to the relevant local housing authority about the same, or substantially the same, subject matter as the complaint to the landlord,

• (d) the relevant local housing authority served a relevant notice in relation to the dwelling-house in response to the complaint, and

• (e) if the section 21 notice was not given before the tenant's complaint to the local housing authority, it was given before the service of the relevant notice.

• (3) The reference in subsection (2) to an adequate response by the landlord is to a response in writing which—

• (a) provides a description of the action that the landlord proposes to take to address the complaint, and

• (b) sets out a reasonable timescale within which that action will be taken.

• (4) Subsection (2) applies despite the requirement in paragraph (a) for a complaint to be in writing not having been met where the tenant does not know the landlord's postal or e-mail address.

• (5) Subsection (2) applies despite the requirements in paragraphs (a) and (b) not having been met where the tenant made reasonable efforts to contact the landlord to complain about the condition of the dwelling-house but was unable to do so.

• (6) The court must strike out proceedings for an order for possession under section 21 of the Housing Act 1988 in relation to a dwelling-house in England if, before the order is made, the section 21 notice that would otherwise require the court to make an order for possession in relation to the dwelling-house has become invalid under subsection (2).

• (7) An order for possession of a dwelling-house in England made under section 21 of the Housing Act 1988 must not be set aside on the ground that a relevant notice was served in relation to the dwelling-house after the order for possession was made.

• (8) Subsection (1) does not apply where the section 21 notice is given after—

• (a) the relevant notice has been wholly revoked under section 16 of the Housing Act 2004 as a result of the notice having been served in error,

• (b) the relevant notice has been quashed under paragraph 15 of Schedule 1 to that Act,

• (c) a decision of the relevant local housing authority to refuse to revoke the relevant notice has been reversed under paragraph 18 of Schedule 1 to that Act, or

• (d) a decision of the relevant local housing authority to take the action to which the relevant notice relates has been reversed under section 45 of that Act.

• (9) Subsection (2) does not apply where the operation of the relevant notice has been suspended.

• (10) References in this section and section 34 to a relevant notice served, or complaint made, in relation to a dwelling-house include a relevant notice served, or complaint made, in relation to any common parts of the building of which the dwelling-house forms a part.

• (11) But subsection (10) applies only if—

• (a) the landlord has a controlling interest in the common parts in question, and

• (b) the condition of those common parts is such as to affect the tenant's enjoyment of the dwelling-house or of any common parts which the tenant is entitled to use.

• (12) In this section and section 34 a reference to a complaint to a landlord includes a complaint made to a person acting on behalf of the landlord in relation to the tenancy.

• (13) In this section and section 34—

• “assured shorthold tenancy” means a tenancy within section 19A or 20 of the Housing Act 1988;

• “common parts”, in relation to a building, includes—the structure and exterior of the building, andcommon facilities provided (whether or not in the building) for persons who include one or more of the occupiers of the building;

• “controlling interest” means an interest which is such as to entitle the landlord to decide whether action is taken in relation to a complaint within this section or a relevant notice;

• “dwelling-house” has the meaning given by section 45 of the Housing Act 1988;

• “relevant local housing authority”, in relation to a dwelling-house, means the local housing authority as defined in section 261(2) and (3) of the Housing Act 2004 within whose area the dwelling-house is located;

• “relevant notice” means—a notice served under section 11 of the Housing Act 2004 (improvement notices relating to category 1 hazards),a notice served under section 12 of that Act (improvement notices relating to category 2 hazards), ora notice served under section 40(7) of that Act (emergency remedial action);

• “section 21 notice” means a notice given under section 21(1)(b) or (4)(a) of the Housing Act 1988 (recovery of possession on termination of shorthold tenancy).

Further exemptions to section 33

34

• (1) Subsections (1) and (2) of section 33 do not apply where the condition of the dwelling-house or common parts that gave rise to the service of the relevant notice is due to a breach by the tenant of—

• (a) the duty to use the dwelling-house in a tenant-like manner, or

• (b) an express term of the tenancy to the same effect.

• (2) Subsections (1) and (2) of section 33 do not apply where at the time the section 21 notice is given the dwelling-house is genuinely on the market for sale.

• (3) For the purposes of subsection (2), a dwelling-house is not genuinely on the market for sale if, in particular, the landlord intends to sell the landlord's interest in the dwelling-house to—

• (a) a person associated with the landlord,

• (b) a business partner of the landlord,

• (c) a person associated with a business partner of the landlord, or

• (d) a business partner of a person associated with the landlord.

• (4) In subsection (3), references to a person who is associated with another person are to be read in accordance with section 178 of the Housing Act 1996.

• (5) For the purposes of subsection (3), a business partner of a person (“P”) is a person who is—

• (a) a director, secretary or other officer of a company of which P is also a director, secretary or other officer,

• (b) a director, secretary or other officer of a company in which P has a shareholding or other financial interest,

• (c) a person who has a shareholding or other financial interest in a company of which P is a director, secretary or other officer,

• (d) an employee of P,

• (e) a person by whom P is employed, or

• (f) a partner of a partnership of which P is also a partner.

• (6) Subsections (1) and (2) of section 33 do not apply where the landlord is a private registered provider of social housing.

• (7) Subsections (1) and (2) of section 33 do not apply where—

• (a) the dwelling-house is subject to a mortgage granted before the beginning of the tenancy,

• (b) the mortgagee is entitled to exercise a power of sale conferred on the mortgagee by the mortgage or by section 101 of the Law of Property Act 1925, and

• (c) at the time the section 21 notice is given the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power.

• (8) In subsection (7)—

• (a) “mortgage” includes a charge, and

• (b) “mortgagee” includes a receiver appointed by the mortgagee under the terms of the mortgage or in accordance with the Law of Property Act 1925.

Notice to be provided in relation to periodic assured shorthold tenancies

35

In section 21 of the Housing Act 1988 (recovery of possession on termination of shorthold tenancy), after subsection (4) insert—

(4ZA) In the case of a dwelling-house in England, subsection (4)(a) above has effect with the omission of the requirement for the date specified in the notice to be the last day of a period of the tenancy.

Time limits in relation to section 21 notices and proceedings

36

• (1) Section 21 of the Housing Act 1988 is amended as follows.

• (2) After subsection (4A) insert—

(4B) A notice under subsection (1) or (4) may not be given in relation to an assured shorthold tenancy of a dwelling-house in England— (a) in the case of a tenancy which is not a replacement tenancy, within the period of four months beginning with the day on which the tenancy began, and (b) in the case of a replacement tenancy, within the period of four months beginning with the day on which the original tenancy began. (4C) Subsection (4B) does not apply where the tenancy has arisen due to section 5(2). (4D) Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun after the end of the period of six months beginning with the date on which the notice was given under subsection (1) or (4). (4E) Where— (a) a notice under subsection (4) has been given in relation to a dwelling-house in England, and (b) paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given, proceedings for an order for possession under this section may not be begun after the end of the period of four months beginning with the date specified in the notice.

• (3) In subsection (6), for “subsection” substitute “ subsections (4B)(b) and ”.

Prescribed form of section 21 notices

37

In section 21 of the Housing Act 1988, after subsection (7) insert—

(8) The Secretary of State may by regulations made by statutory instrument prescribe the form of a notice under subsection (1) or (4) given in relation to an assured shorthold tenancy of a dwelling-house in England. (9) A statutory instrument containing regulations made under subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.

Compliance with prescribed legal requirements

38

After section 21 of the Housing Act 1988 insert—

(21A) (1) A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a prescribed requirement. (2) The requirements that may be prescribed are requirements imposed on landlords by any enactment and which relate to— (a) the condition of dwelling-houses or their common parts, (b) the health and safety of occupiers of dwelling-houses, or (c) the energy performance of dwelling-houses. (3) In subsection (2) “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978. (4) For the purposes of subsection (2)(a) “common parts” has the same meaning as in Ground 13 in Part 2 of Schedule 2. (5) A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Requirement for landlord to provide prescribed information

39

After section 21A of the Housing Act 1988 insert—

(21B) (1) The Secretary of State may by regulations require information about the rights and responsibilities of a landlord and a tenant under an assured shorthold tenancy of a dwelling-house in England (or any related matters) to be given by a landlord under such a tenancy, or a person acting on behalf of such a landlord, to the tenant under such a tenancy. (2) Regulations under subsection (1) may— (a) require the information to be given in the form of a document produced by the Secretary of State or another person, (b) provide that the document to be given is the version that has effect at the time the requirement applies, and (c) specify cases where the requirement does not apply. (3) A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a requirement imposed by regulations under subsection (1). (4) A statutory instrument containing regulations made under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

Repayment of rent where tenancy ends before end of a period

40

After section 21B of the Housing Act 1988 insert—

(21C) (1) A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord where— (a) as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy, (b) the tenant has paid rent in advance for that period, and (c) the tenant was not in occupation of the dwelling-house for one or more whole days of that period. (2) The amount of repayment to which a tenant is entitled under subsection (1) is to be calculated in accordance with the following formula— $$R × D P$where—R is the rent paid for the final period;D is the number of whole days of the final period for which the tenant was not in occupation of the dwelling-house; andP is the number of whole days in that period.$ (3) If the repayment of rent described in subsections (1) and (2) has not been made when the court makes an order for possession under section 21, the court must order the landlord to repay the amount of rent to which the tenant is entitled. (4) Nothing in this section affects any other right of the tenant to a repayment of rent from the landlord.

Application of sections 33 to 40

41

• (1) Subject to subsections (2) and (3), a provision of sections 33 to 40 applies only to an assured shorthold tenancy of a dwelling-house in England granted on or after the day on which the provision comes into force.

• (2) Subject to subsection (3), a provision of sections 33 to 40 does not apply to an assured shorthold tenancy that came into being under section 5(2) of the Housing Act 1988 after the commencement of that provision and on the coming to an end of an assured shorthold tenancy that was granted before the commencement of that provision.

• (3) At the end of the period of three years beginning with the coming into force of a provision of sections 33 to 38 or section 40, that provision also applies to any assured shorthold tenancy of a dwelling-house in England—

• (a) which is in existence at that time, and

• (b) to which that provision does not otherwise apply by virtue of subsection (1) or (2).

Optional building requirements

42

After section 2A of the Building Act 1984 insert—

(2B) (1) Building regulations made by the Secretary of State in relation to England may include a requirement that applies only where a planning authority makes compliance with the requirement a condition of a grant of planning permission. (2) In the following provisions of this section, a requirement included in building regulations by virtue of subsection (1) is referred to as an “optional requirement”. (3) Building regulations may specify that an optional requirement is capable of applying only in respect of development of a kind described in the regulations. (4) Building regulations may specify conditions that must be satisfied before a planning authority may make compliance with an optional requirement a condition of the grant of planning permission. (5) Building regulations may specify the steps that a planning authority must take to inform a person subject to an optional requirement of the requirement. (6) Where building regulations include an optional requirement that would (to any extent) be inconsistent with another requirement imposed by the regulations, the building regulations must provide— (a) that the other requirement does not apply in any case where the optional requirement applies, or (b) that the other requirement applies in any such case with modifications specified in the regulations. (7) In this section — - “development” has the same meaning as in the Town and Country Planning Act 1990 (see section 55 of that Act); - “planning authority” means— 1. a local planning authority within the meaning of that Act (see section 336(1)); 2. the Secretary of State (in the exercise of functions of granting planning permission); - “planning permission” has the same meaning as in that Act (see section 336(1)).

Amendment of Planning and Energy Act 2008

43

In the Planning and Energy Act 2008, in section 1 (energy policies), after subsection (1) insert—

(1A) Subsection (1)(c) does not apply to development in England that consists of the construction or adaptation of buildings to provide dwellings or the carrying out of any work on dwellings.

Short-term use of London accommodation: relaxation of restrictions

44

• (1) The Greater London Council (General Powers) Act 1973 is amended as follows.

• (2) In section 25 (provision of temporary sleeping accommodation to constitute material change of use), after subsection (1) insert—

(1A) Subsection (1) is subject to section 25A.

• (3) After section 25 insert—

(25A) (1) Despite section 25(1), the use as temporary sleeping accommodation of any residential premises in Greater London does not involve a material change of use if two conditions are met. (2) The first is that the sum of— (a) the number of nights of use as temporary sleeping accommodation, and (b) the number of nights (if any) of each previous use of the premises as temporary sleeping accommodation in the same calendar year, does not exceed ninety. (3) The second is that, in respect of each night which falls to be counted under subsection (2)(a)— (a) the person who provided the sleeping accommodation for the night was liable to pay council tax under Part 1 of the Local Government Finance Act 1992 in respect of the premises, or (b) where more than one person provided the sleeping accommodation for the night, at least one of those persons was liable to pay council tax under Part 1 of that Act in respect of the premises. (4) For the purposes of subsection (2)(b), it does not matter whether any previous use was by the same person.

• (4) After section 25A (inserted by subsection (3) above) insert—

(25B) (1) The local planning authority or the Secretary of State may direct that section 25A is not to apply— (a) to particular residential premises specified in the direction; (b) to residential premises situated in a particular area specified in the direction. (2) A direction under subsection (1) may be given only if the local planning authority or (as the case may be) the Secretary of State considers that it is necessary to protect the amenity of the locality. (3) The local planning authority may give a direction under subsection (1) only with the consent of the Secretary of State. (4) A direction under subsection (1) may be revoked by the person who gave it, whether or not an application is made for the revocation. (5) The Secretary of State may— (a) delegate the functions of the Secretary of State under subsection (1) or (4) to the local planning authority; (b) direct that a local planning authority may give directions under this section without the consent of the Secretary of State. (6) The Secretary of State may revoke a delegation under subsection (5)(a) or a direction under subsection (5)(b). (7) The Secretary of State may by regulations made by statutory instrument make provision— (a) as to the procedure which must be followed in connection with the giving of a direction under subsection (1) or in connection with the revocation of such a direction under subsection (4); (b) as to the information which must be provided where the local planning authority seeks the consent of the Secretary of State to the giving of a direction under subsection (1). (8) A statutory instrument containing regulations under subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament. (9) In this section, “local planning authority” has the same meaning as in the Town and Country Planning Act 1990 (see section 336(1) of that Act).

Short-term use of London accommodation: power to relax restrictions

45

• (1) The Secretary of State may by regulations made by statutory instrument provide that section 25(1) of the Greater London Council (General Powers) Act 1973 does not apply if conditions specified by the regulations are met.

• (2) Regulations under subsection (1) must include provision corresponding to section 25B of that Act.

• (3) Regulations under this section may amend the Greater London Council (General Powers) Act 1973.

• (4) Regulations under this section may—

• (a) make different provision for different purposes;

• (b) include incidental, supplementary, consequential, transitional, transitory or saving provision.

• (5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Designation of urban development areas: procedure

46

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Establishment of urban development corporations: procedure

47

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

Provision of advice etc about residential licences

48

In the Housing Act 1996, after section 220 insert—

(220A) (1) The Secretary of State may give financial assistance to any person in relation to the provision by that person of— (a) information, training or general advice about any matter relating to residential licences in England, or (b) a dispute resolution service in connection with any matter relating to residential licences in England. (2) Financial assistance under this section may be given in such form and on such terms as the Secretary of State considers appropriate. (3) The terms on which financial assistance under this section may be given may, in particular, include provision as to the circumstances in which the assistance must be repaid or otherwise made good to the Secretary of State and the manner in which that is to be done.

Transport

Removal of restrictions on provision of passenger rail services

49

• (1) In Part 2 of the Transport Act 1968 (integrated transport areas and passenger transport areas), in section 10(1) (general powers of Executive)—

• (a) before paragraph (ii) insert—

(ia) to carry passengers by railway— (a) where that area is in England, between places in that area, between such places and any place in Great Britain which is outside that area, or between places in Great Britain which are outside that area, or (b) where that area is in Wales or Scotland, between places in that area or between such places and any place outside that area but within the permitted distance, that is to say, the distance of twenty-five miles from the nearest point on the boundary of that area;

;

• (b) in paragraph (ii), for “other form of land transport” substitute “ form of land transport other than road or railway ”.

• (2) Schedule 8 contains—

• (a) amendments in consequence of subsection (1), and

• (b) further amendments in connection with the provision of passenger rail services.

Road traffic legislation: use of vehicles in emergency response by NHS

50

• (1) Section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed limits), as substituted by section 19 of the Road Safety Act 2006, is amended in accordance with subsections (2) and (3).

• (2) In subsection (1)—

• (a) in paragraph (a), omit “, for ambulance purposes”;

• (b) after paragraph (a) insert—

(aa) it is being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service

;

• (c) in paragraph (c), after “paragraph (a)” insert “ , (aa) ”.

• (3) After subsection (1) insert—

(1A) In subsection (1)(aa), “an NHS ambulance service” means— (a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services; (b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services; (c) the Scottish Ambulance Service Board.

• (4) If this section comes into force before section 19 of the Road Safety Act 2006, section 87 of the Road Traffic Regulation Act 1984 (as it has effect until section 19 comes into force) is amended as follows.

• (5) After subsection (1) insert—

(1A) Subsection (1) above applies in relation to a vehicle that, although not being used for ambulance purposes, is being used for the purpose of providing a response to an emergency at the request of an NHS ambulance service. (1B) In subsection (1A), “an NHS ambulance service” means— (a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services; (b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services; (c) the Scottish Ambulance Service Board.

• (6) Schedule 9 makes further amendments to road traffic legislation in connection with the use of vehicles in the provision of an emergency response by the NHS.

Reduction of burdens relating to the use of roads and railways

51

Schedule 10 makes provision about the following matters—

• (a) the duration of driving licences to be granted to drivers with relevant or prospective disabilities;

• (b) permit schemes;

• (c) road humps;

• (d) pedestrian crossings;

• (e) off-road motoring events;

• (f) testing of vehicles;

• (g) rail vehicle accessibility regulations: exemption orders.

Reduction of burdens relating to enforcement of transport legislation

52

Schedule 11 makes provision about the following matters—

• (a) drink and drug driving offences;

• (b) bus lane contraventions.

Civil penalties for parking contraventions: enforcement

53

• (1) Part 6 of the Traffic Management Act 2004 (civil enforcement of traffic contraventions) is amended as follows.

• (2) After section 78 (notification of penalty charge) insert—

(78A) (1) Regulations under section 78 must include provision requiring notification of a penalty charge to be given by a notice affixed to the vehicle where the charge is in respect of a parking contravention on a road in a civil enforcement area in England. (2) The regulations may, however, provide that the requirement does not apply in circumstances specified in the regulations (which may be framed by reference to the type of contravention, the circumstances in which a contravention occurs or in any other way) and, where the regulations so provide, they may make any such alternative provision for notification as is authorised by section 78.

• (3) After section 87 insert—

(87A) (1) The Secretary of State may by regulations make provision to prohibit the use by civil enforcement officers of a device of a description specified in the regulations, or of records produced by such a device, in connection with the enforcement of parking contraventions on a road in a civil enforcement area in England. (2) The prohibition may be— (a) general, or (b) limited to particular uses specified in the regulations. (3) The regulations may provide that a general or limited prohibition does not apply in circumstances specified in the regulations (which may be framed by reference to the type of contravention, the circumstances in which a contravention occurs or in any other way). (4) Regulations under this section may amend this Part or any provision made under it.

Removal of restriction on investigation of tramway accidents in Scotland by RAIB

54

• (1) The Railways and Transport Safety Act 2003 is amended as follows.

• (2) In section 14 (extent of Part 1: investigation of railway accidents by Rail Accident Investigation Branch), omit subsection (2) (which prevents the Part from applying to tramways in Scotland).

• (3) In consequence of subsection (2), omit section 1(3).

Removal of duty to order re-hearing of marine accident investigations

55

In section 269(1) of the Merchant Shipping Act 1995 (power to order re-hearing of investigation into marine accident and duty to do so in certain cases)—

• (a) omit paragraph (a) (duty to order re-hearing where new and important evidence discovered), and the “or” following it;

• (b) in paragraph (b), omit “other”.

Communications

Repeal of power to make provision for blocking injunctions

56

In the Digital Economy Act 2010, omit sections 17 and 18 (which confer power on the Secretary of State to make regulations about the granting by courts of injunctions requiring the blocking of websites that infringe copyright).

The environment etc

Reduction of duties relating to energy and climate change

57

• (1) In the Climate Change and Sustainable Energy Act 2006, omit the following—

• (a) section 3 (which imposes a duty on local authorities to have regard to energy measure reports published by the Secretary of State);

• (b) sections 4 and 5 (which confer functions on the Secretary of State with respect to the setting of national targets for microgeneration etc);

• (c) sections 7(1) to (6) and 8 (which confer functions on the Secretary of State for the purpose of increasing the sale of electricity generated by microgeneration);

• (d) section 10 (which confers functions on the Secretary of State with respect to the review of development orders to facilitate the installation in dwelling-houses of equipment etc for microgeneration);

• (e) section 12 (which is spent);

• (f) section 21 (which imposes a duty on the Secretary of State with respect to promoting the use of heat produced from renewable sources).

• (2) Section 14 of that Act (which confers functions on the Secretary of State and Welsh Ministers with respect to the laying of reports before Parliament or (as the case may be) the National Assembly for Wales about steps taken to secure greater compliance with building regulations made for energy conservation related purposes etc) ceases to apply in relation to England.

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

• (a) in the Taxation of Chargeable Gains Act 1992, in section 263AZA(2), for the definition of “microgeneration system” substitute—

“microgeneration system” means any plant (including any equipment, apparatus or appliance) or system of plant for generating electricity or producing heat— (a) which, in generating electricity or (as the case may be) producing heat, relies wholly or mainly on a source of energy or a technology mentioned in subsection (7) of section 82 of the Energy Act 2004, and (b) whose capacity to generate electricity or (as the case may be) to produce heat does not exceed the capacity mentioned in subsection (8) of that section,

;

• (b) in the Income Tax (Trading and Other Income) Act 2005, in section 782A(2), for the definition of “microgeneration system” substitute—

“microgeneration system” has the same meaning as in section 263AZA of the Taxation of Chargeable Gains Act 1992.

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

• (a) in the Sustainable Energy Act 2003, omit section 1(1A)(bb);

• (b) in the Climate Change Act 2008, omit section 81(3);

• (c) in the Energy Act 2008, omit section 87(2).

• (5) The repeal made by subsection (1)(c) does not affect the operation of section 33(1)(c) of the Utilities Act 2000 in relation to times after the repeal comes into force; and, accordingly, modifications of standard conditions made under section 7 of the Climate Change and Sustainable Energy Act 2006 before the day on which the repeal comes into force continue to have effect on or after that day for the purposes of section 33(1) of that Act of 2000.

Household waste: de-criminalisation

58

• (1) Part 2 of the Environmental Protection Act 1990 (waste on land) is amended in accordance with subsections (2) to (5).

• (2) In section 46 (receptacles for household waste), in subsection (6) (offence of failing to comply with requirements relating to receptacles), after “requirements imposed” insert “ by a waste collection authority in Scotland or Wales ”.

• (3) After section 46 insert—

(46A) (1) This section applies where an authorised officer of a waste collection authority in England is satisfied that— (a) a person has failed without reasonable excuse to comply with a requirement imposed by the authority under section 46(1), (3)(c) or (d) or (4) (a “section 46 requirement”), and (b) the person's failure to comply— (i) has caused, or is or was likely to cause, a nuisance, or (ii) has been, or is or was likely to be, detrimental to any amenities of the locality. (2) Where this section applies, the authorised officer may give a written warning to the person. (3) A written warning must— (a) identify the section 46 requirement with which the person has failed to comply, (b) explain the nature of the failure to comply, (c) explain how the failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b), (d) if the failure to comply is continuing, specify the period within which the requirement must be complied with and explain the consequences of the requirement not being complied with within that period, and (e) whether or not the failure to comply is continuing, explain the consequences of the person subsequently failing to comply with the same or a similar section 46 requirement. (4) Where a written warning has been given in respect of a failure to comply that is continuing, an authorised officer of the waste collection authority may require the person to whom the written warning was given to pay a fixed penalty to the authority if satisfied that the person has failed to comply with the section 46 requirement identified in the warning within the period specified by virtue of subsection (3)(d). (5) Where a person has been required to pay a fixed penalty under subsection (4) and that requirement has not been withdrawn on appeal, an authorised officer of the authority may require the person to pay a further fixed penalty to the authority if satisfied that the failure to comply is still continuing at the end of a relevant period which falls within the period of one year beginning with the day the written warning was given. (6) For the purposes of subsection (5)— (a) a “relevant period” is a period beginning with the day a final notice is served on the person under section 46C(5) in respect of the failure to comply that is continuing and ending with— (i) where the person appeals against the requirement to pay a fixed penalty imposed by the final notice, the day on which the appeal that is the final appeal made by the person against the requirement is dismissed or withdrawn; (ii) where the person does not appeal, the day on which the period for appealing expires; (b) there is no relevant period where the person appeals as mentioned in paragraph (a)(i) and the requirement to pay the fixed penalty is withdrawn on appeal. (7) Where a written warning has been given, whether or not in respect of a failure to comply that is continuing, an authorised officer of the waste collection authority may require the person to whom the written warning was given to pay a fixed penalty to the authority if satisfied that, within the period of one year beginning with the day the written warning was given — (a) the person has again failed without reasonable excuse to comply with the section 46 requirement identified in the warning and the person's failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b), or (b) the person has failed without reasonable excuse to comply with a section 46 requirement that is similar to the one identified in the warning and the person's failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b). (8) An authorised officer may require a person to pay a fixed penalty under subsection (5) or (7) each time that the authorised officer is satisfied of the matters mentioned in the subsection. (9) An authorised officer imposing a requirement to pay a fixed penalty under subsection (4), (5) or (7) must act in accordance with section 46C. (10) A “fixed penalty” means a monetary penalty of an amount determined in accordance with section 46B. (11) An “authorised officer”, in relation to a waste collection authority, means— (a) an employee of the authority who is authorised in writing by the authority for the purpose of giving written warnings and requiring payment of fixed penalties under this section; (b) any person who, under arrangements made with the authority, has the function of giving such warnings and requiring such payments and is authorised in writing by the authority to perform that function; (c) any employee of such a person who is authorised in writing by the authority for the purpose of giving such warnings and requiring such payments. (46B) (1) The amount of the monetary penalty that a person may be required to pay to a waste collection authority under section 46A is— (a) the amount specified by the waste collection authority in relation to the authority's area, or (b) if no amount is so specified, £60. (2) A waste collection authority may make provision for treating a fixed penalty under section 46A as having been paid if a lesser amount is paid before the end of a period specified by the authority. (3) The Secretary of State may by regulations make provision in connection with the powers conferred on waste collection authorities in England under subsections (1)(a) and (2). (4) Regulations under subsection (3) may (in particular)— (a) require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations; (b) restrict the extent to which, and the circumstances in which, a waste collection authority may make provision under subsection (2). (5) The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b). (6) A fixed penalty under section 46A— (a) is recoverable summarily as a civil debt; (b) is recoverable as if it were payable under an order of the High Court or the county court, if the court in question so orders. (46C) (1) Before requiring a person to pay a fixed penalty under section 46A, an authorised officer must serve on the person notice of intention to do so (a “notice of intent”) in accordance with subsections (2) to (4). (2) A notice of intent must contain information about— (a) the grounds for proposing to require payment of a fixed penalty, (b) the amount of the penalty that the person would be required to pay, and (c) the right to make representations under subsection (3). (3) A person on whom a notice of intent is served may make representations to the authorised officer as to why payment of a fixed penalty should not be required. (4) Representations under subsection (3) must be made within the period of 28 days beginning with the day service of the notice of intent is effected. (5) In order to require a person to pay a fixed penalty under section 46A, an authorised officer must serve on the person a further notice (the “final notice”) in accordance with subsections (6) to (8). (6) A final notice may not be served on a person by an authorised officer before the expiry of the period of 28 days beginning with the day service of the notice of intent on the person was effected. (7) Before serving a final notice on a person, an authorised officer must consider any representations made by the person under subsection (3). (8) The final notice must contain information about— (a) the grounds for requiring payment of a fixed penalty, (b) the amount of the penalty, (c) how payment may be made, (d) the period within which payment is required to be made (which must not be less than the period of 28 days beginning with the day service of the final notice is effected), (e) any provision giving a discount for early payment made by virtue of section 46B(2), (f) the right to appeal under section 46D, and (g) the consequences of not paying the penalty. (46D) (1) A person on whom a final notice is served under section 46C may appeal to the First-tier Tribunal against the decision to require payment of a fixed penalty. (2) On an appeal under this section the First-tier Tribunal may withdraw or confirm the requirement to pay the fixed penalty. (3) The requirement to pay the fixed penalty is suspended pending the determination or withdrawal of the appeal that is the final appeal made by the person against the decision to require payment of the penalty. (This is subject to subsection (4).) (4) Where the requirement to pay the fixed penalty is confirmed at any stage in the proceedings on appeal, payment must be made before the end of the period of 28 days beginning with the day on which the requirement is so confirmed unless the person makes a further appeal before the end of that period. (5) The reference in subsection (4) to the requirement to pay the fixed penalty being confirmed on appeal includes a reference to an appeal decision confirming the requirement to pay the fixed penalty being upheld on a further appeal.

• (4) In consequence of subsection (2), in section 47ZB(2)(b) (amount of fixed penalty for offence)—

• (a) omit sub-paragraph (i), and the “and” following it;

• (b) in sub-paragraph (ii), omit “in any other case,”.

• (5) In section 73A (use of fixed penalty receipts), in subsection (2) (power for waste collection authority to use fixed penalty receipts for purposes of its functions under Part 2 and other functions specified in regulations), after “34A” insert “ , 46A ”.

• (6) Schedule 12 makes amendments to the London Local Authorities Act 2007 that correspond to those made by subsection (3).

Other measures relating to animals, food and the environment

59

Schedule 13 makes provision about the following matters—

• (a) destructive imported animals;

• (b) the Farriers Registration Council;

• (c) joint waste authorities;

• (d) air quality assessments;

• (e) noise abatement zones.

Regulation of child trust funds

Management of child trust funds: looked after children

60

• (1) The Child Trust Funds Act 2004 is amended as follows.

• (2) In section 3 (requirements to be satisfied in relation to child trust funds), in subsection (10) (which provides for the making of regulations authorising the Official Solicitor or, in Scotland, the Accountant of Court to manage child trust funds) for the words from “is to be” to the end of the subsection substitute “ is to be a person appointed by the Treasury or by the Secretary of State. ”

• (3) In that section, after subsection (11) insert—

(11A) Regulations under subsection (10) may provide that, where the terms on which a person is appointed by the Treasury or by the Secretary of State include provision for payment to the person, the payment must be made by a government department specified in the regulations (instead of by the person making the appointment). (11B) Regulations may provide that, where a person authorised to manage a child trust fund by virtue of subsection (10) ceases to be so authorised, the person must provide any information held by that person in connection with the management of the fund to the person (if any) who becomes authorised by virtue of that subsection to manage the trust fund instead.

• (4) In section 16 (information about children in care of authority), in subsection (1)—

• (a) at the end of paragraph (a) (before “, or”), insert “ or by a person appointed under regulations under section 3(10) ”;

• (b) in paragraph (b), before “any information” insert “ or to such a person ”;

• (c) in the words following paragraph (b), before “may require” insert “ or (as the case may be) the person ”.

Management of child trust funds: children 16 or over

61

• (1) Section 3 of the Child Trust Funds Act 2004 (requirements to be satisfied) is amended as follows.

• (2) In subsection (6), for paragraphs (a) and (b) substitute—

(a) if the child is 16 or over and has elected to manage the child trust fund, is the child; (b) in any other case, is the person who has that authority by virtue of subsection (7) (but subject to subsection (10)).

• (3) In subsection (8), omit “under 16” (where it first occurs).

• (4) In subsection (10), omit “under 16”.

Child trust funds: transfers

62

• (1) The Child Trust Funds Act 2004 is amended as follows.

• (2) After section 7 insert—

(7A) (1) Regulations may make provision requiring an account provider, at the request of a person who has the authority to manage a child trust fund, to— (a) transfer all the investments under the fund, or an amount representing their value in cash, to a protected child account that is provided by a person chosen by the person making the request, and (b) when all the investments have been transferred, close the child trust fund. (2) An account is a protected child account if— (a) there is relief from income tax and capital gains tax in respect of investments under it, (b) it may be held only by a child, and (c) it satisfies any other conditions prescribed in regulations under this section.

• (3) After section 7A (as inserted by subsection (2)) insert—

(7B) (1) Regulations may make provision requiring an account provider to transfer all the investments under a child trust fund held by a person immediately before his or her 18th birthday to a protected account of a description prescribed in the regulations. (2) Regulations under subsection (1) must include provision that the requirement does not apply if the person gives instructions, in accordance with the regulations, to the account provider as to what is to be done with the investments. (3) An account is a protected account if— (a) there is relief from income tax and capital gains tax in respect of investments under it, and (b) it satisfies any other conditions prescribed in regulations under this section.

• (4) In section 3 (requirements to be satisfied), in subsection (4)(d), after “regulations” insert “ under this section or any other provision of this Act ”.

• (5) In section 20 (penalties), in subsection (7)(b), after “7” insert “ , 7A, 7B ”.

Child trust funds: safeguards for children’s interests

63

After section 7B of the Child Trust Funds Act 2004 (as inserted by section 62) insert—

(7C) (1) The Treasury may make regulations under this section if the Treasury think it appropriate to do so for the purpose of safeguarding the financial interests of children, or any group of children, who hold child trust funds. (2) The regulations may authorise the Treasury to permit withdrawals from— (a) any child trust funds; (b) any child trust funds held with an account provider that is prescribed, or of a description prescribed, in the regulations. (3) The regulations may authorise the Treasury to require any account provider or any account provider that is prescribed, or of a description prescribed, in the regulations to take one or more of the following steps in relation to every child trust fund held with it— (a) to seek to transfer the fund to another account provider; (b) to seek to transfer all the investments under the fund to a protected child account that can be used for investments of that kind and is provided by a person chosen by the account provider; (c) to seek to transfer an amount in cash representing the value of all the investments under the fund (whether consisting of cash or stocks and shares) to a protected child account that can be used for investments in cash and is provided by a person chosen by the account provider; (d) to transfer an amount in cash representing the value of all the investments under the fund (whether consisting of cash or stocks and shares) to a protected child account that can be used for investments in cash and is provided by a person specified by the Treasury. (4) The regulations may provide— (a) that child trust funds held with an account provider that is prescribed, or of a description prescribed, in the regulations are to be treated for all purposes as if they were protected child accounts of a description so prescribed; (b) that, where child trust funds are (under the regulations) to be treated as protected child accounts of a particular description, the account provider is to be treated, for such purposes as may be prescribed in the regulations, as a person who lawfully provides protected child accounts of that description. (5) If the regulations authorise the Treasury to require that one or more of the steps mentioned in subsection (3)(b) to (d) be taken, the regulations may also authorise the Treasury to require an account provider who, in pursuance of such a requirement, transfers all the investments under a child trust fund, or an amount representing the value of all the investments, to close the child trust fund. (6) If the regulations authorise the Treasury to require an account provider to take more than one of the steps mentioned in subsection (3), the regulations must also— (a) authorise the Treasury to specify the order in which the steps are to be taken, and (b) provide that if (as a result of complying with a requirement to take a particular step) an account holder no longer holds investments under any child trust fund, any requirement imposed on that provider to take another step lapses. (7) The Treasury is not liable in respect of — (a) the selection by an account provider of a person to whom to make a transfer in response to a requirement of a kind mentioned in subsection (3)(a) to (c), or (b) a decision made by it as to the person to be specified in a requirement of a kind mentioned in subsection (3)(d). (8) In this section, “protected child account” means an account which is a protected child account for the purposes of section 7A.

Education and training

Abolition of office of Chief Executive of Skills Funding

64

• (1) The office of the Chief Executive of Skills Funding (established by Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009) is abolished.

• (2) The property, rights and liabilities of the Chief Executive of Skills Funding are transferred to the Secretary of State.

• (3) Schedule 14 makes amendments to Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 in consequence of the abolition of the office of the Chief Executive of Skills Funding.

Further and higher education sectors: reduction of burdens

65

Schedule 15 makes provision for the reduction of burdens in the further and higher education sectors.

Schools: reduction of burdens

66

• (1) Section 19 of the Education Act 1997 (which confers power on the Secretary of State and Welsh Ministers to make regulations requiring governing bodies of maintained schools to set school performance targets) ceases to have effect in relation to schools in England.

• (2) Accordingly, in subsection (1) of that section—

• (a) for “The Secretary of State” substitute “ The Welsh Ministers ”;

• (b) for “the Secretary of State considers” substitute “ the Welsh Ministers consider ”;

• (c) after “maintained schools” insert “ in Wales ”.

• (3) Omit section 102 of the Education Act 2005 (which confers power on the Secretary of State to make regulations requiring local authorities in England to set annual targets in respect of educational performance at schools maintained by them etc).

• (4) In consequence of subsection (3), omit section 122(3)(c) of that Act of 2005.

• (5) Schedule 16 makes further provision for the reduction of burdens relating to schools in England.

Alcohol, sport and entertainment

Sale of alcohol: community events etc and ancillary business sales

67

• (1) In section 2 of the Licensing Act 2003 (authorisation for licensable activities etc), after subsection (1) insert—

(1A) The licensable activity of selling alcohol by retail may be carried on if each sale is a permitted sale by virtue of Part 5A.

• (2) After Part 5 of that Act, insert the Part set out in Schedule 17 to this Act.

• (3) In section 136 of that Act (unauthorised licensable activities), at the end of subsection (5) insert—

In addition, for the purposes of this Part the licensable activity of selling alcohol by retail is under and in accordance with an authorisation if each sale is a permitted sale by virtue of Part 5A.

• (4) In section 140 of that Act (allowing disorderly conduct on licensed premises etc)—

• (a) omit the “and” before subsection (2)(d);

• (b) after that paragraph insert

, and (e) in the case of premises specified in a Part 5A notice, to the person who gave the notice.

• (5) In section 141 of that Act (sale of alcohol to a person who is drunk)—

• (a) omit the “and” before subsection (2)(d);

• (b) after that paragraph insert

, and (e) in the case of premises specified in a Part 5A notice, to the person who gave the notice.

;

• (c) in subsection (3), after “This section” insert “ (except subsection (2)(e)) ”.

• (6) In section 143 of that Act (failure to leave licensed premises etc)—

• (a) omit the “and” before subsection (2)(d);

• (b) after that paragraph insert

, and (e) in the case of premises specified in a Part 5A notice, to the person who gave the notice.

• (7) In section 144 of that Act (keeping of smuggled goods)—

• (a) omit the “and” before subsection (2)(d);

• (b) after that paragraph insert

, and (e) in the case of premises specified in a Part 5A notice, to the person who gave the notice.

• (8) In section 147A of that Act (persistently selling alcohol to children)—

• (a) in subsection (1)(b), for the words from “either” to “Part 5” substitute “ licensed premises, premises authorised to be used for a permitted temporary activity by virtue of Part 5 or premises specified in a Part 5A notice ”;

• (b) in subsection (4), after paragraph (b) insert

; or (c) the person or one of the persons who gave a Part 5A notice in respect of the premises.

• (9) In section 153 of that Act (prohibition of unsupervised sales by children)—

• (a) omit the “and” before subsection (4)(c);

• (b) after that paragraph insert

, and (d) in relation to a sale by retail that is a permitted sale by virtue of Part 5A— (i) the person who gave the Part 5A notice, or (ii) any individual aged 18 or over who is authorised for the purposes of this section by that person.

• (10) In section 159 of that Act (interpretation of Part 7), at the end of the definition of “relevant premises” insert

, or (d) except in sections 145 and 152, premises that (by reason of being specified in a Part 5A notice) are premises on which a sale by retail of alcohol is capable of being a permitted sale by virtue of Part 5A;

.

• (11) In section 194 of that Act (index of defined expressions) insert the following entries at the appropriate places—

Part 5A notice	section 110A(2)
relevant licensing authority, in Part 5A	section 110N
---	---
relevant person, in Part 5A	section 110D(11)
---	---

.

• (12) In section 197 of that Act (regulations and orders)—

• (a) in subsection (3) (which lists exceptions to the use of the negative procedure), after paragraph (c) insert—

(cza) regulations under section 110B(2), (3) or (7) or 110C(2), (3), (5) or (6) (regulations relating to sales of alcohol permitted by virtue of Part 5A),

;

• (b) in subsection (4) (which specifies when the affirmative procedure is required)—

• (i) after “or (g)” insert “ or regulations within subsection (3)(cza) ”;

• (ii) after “the order” insert “ or regulations ”.

Temporary event notices: increase in maximum number of events per year

68

• (1) In section 107 of the Licensing Act 2003 (counter notice where permitted limits exceeded), in subsection (4) (maximum number of events per year), for “12” substitute “ 15 ”.

• (2) The amendment made by this section has effect for the year 2016 and subsequent years.

Personal licences: no requirement to renew

69

• (1) In section 115 of the Licensing Act 2003 (period of validity of personal licence), in subsection (1), for the words after “A personal licence” substitute “ has effect indefinitely. ”

• (2) The amendment made by subsection (1), and the consequential amendments made by Schedule 18, apply in relation to—

• (a) a personal licence granted under section 120 of the Licensing Act 2003 on or after the day on which this section comes into force;

• (b) a personal licence granted under section 120 of that Act before that day, or renewed under section 121 of that Act before that day, for a period expiring on or after that day.

• (3) Accordingly, any term in a personal licence granted as mentioned in subsection (2)(b) which provides for it to have effect only for a particular period has no effect on or after the day on which this section comes into force.

Sale of liqueur confectionery to children under 16: abolition of offence

70

Section 148 of the Licensing Act 2003 (sale of liqueur confectionery to children under 16) is repealed.

Late night refreshment

71

• (1) Schedule 2 to the Licensing Act 2003 (provision of late night refreshment) is amended as follows.

• (2) In paragraph 1(1) (definition of “provides late night refreshment”), in the words after paragraph (b), after “paragraph” insert “ 2A, ”.

• (3) After paragraph 2 insert—

(2A) (1) The supply of hot food or hot drink is an exempt supply for the purposes of paragraph 1(1) if it takes place— (a) on or from premises which are wholly situated in an area designated by the relevant licensing authority; (b) on or from premises which are of a description designated by the relevant licensing authority; or (c) during a period (beginning no earlier than 11.00 p.m. and ending no later than 5.00 a.m.) designated by the relevant licensing authority. (2) A licensing authority may designate a description of premises under sub-paragraph (1)(b) only if the description is one that is prescribed by regulations. (3) A designation under sub-paragraph (1) may be varied or revoked by the licensing authority that made it. (4) A licensing authority that makes, varies or revokes a designation under sub-paragraph (1) must publish the designation, variation or revocation. (5) In sub-paragraph (1) references to the “relevant licensing authority”, in relation to a supply of hot food or hot drink, are references to— (a) the licensing authority in whose area the premises on or from which the food or drink is supplied are situated, or (b) where those premises are situated in the areas of two or more licensing authorities, any of those authorities.

Removal of requirement to report loss or theft of licence etc to police

72

In the Licensing Act 2003, omit the following provisions (which impose requirements for the loss or theft of certain documents to be reported to the police before copies may be issued)—

• (a) in section 25 (premises licence or summary), subsection (3)(b), and the “and” before it;

• (b) in section 79 (club premises certificate or summary), subsection (3)(b), and the “and” before it;

• (c) in section 110 (temporary event notice), subsection (4)(b), and the “and” before it;

• (d) in section 126 (theft, loss, etc of personal licence), subsection (3)(b), and the “and” before it.

Motor racing on public roads: general

73

• (1) The Road Traffic Act 1988 is amended as follows.

• (2) In section 12 (motor racing on public ways), after subsection (1) insert—

(1A) Subsection (1) is subject to— (a) in relation to England and Wales, sections 12A to 12F (which make provision to allow the holding of races or trials of speed between motor vehicles on public ways in England and Wales); (b) in relation to Scotland, sections 12G to 12I (which make provision to allow the holding of races or trials of speed between motor vehicles on public ways in Scotland).

• (3) After section 12 insert—