Legalize / United Kingdom / Public General Act

Deregulation Act 2015

Type Public General Act

Publication 2015-03-26

Last updated 2025-09-10

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(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

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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

;

(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;

(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);

(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;

(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 ”;

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 ”;

(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.

;

(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;

(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—

(12A) (1) Sections 12A to 12F allow highway authorities to make orders relating to the holding of a race or trial of speed between motor vehicles on a highway in England and Wales (“motor race orders”). (2) A motor race order is made on the application of the person promoting the event, with the permission of a motor sport governing body (see sections 12B to 12D). (3) The effect of a motor race order is set out in section 12E. (12B) (1) A person who wishes to promote a race or trial of speed between motor vehicles on a highway in England and Wales may apply for a permit to a motor sport governing body authorised by regulations made by the appropriate national authority to issue permits in respect of a race or trial of speed of that kind. (2) Before issuing a permit, the motor sport governing body must consult— (a) the highway authority for each area in which the event is to take place or which is otherwise likely to be significantly affected by the event, (b) the local authority for each such area, (c) the police authority for each such area, (d) in the case of an event that is to take place in Greater London, the Greater London Authority, (e) each person who has given the motor sport governing body written notice within the previous 12 months that the person wishes to be consulted about applications under this section, and (f) such other persons as the motor sport governing body thinks appropriate. (3) The motor sport governing body must issue the permit if satisfied that— (a) the applicant intends to promote the proposed event, (b) the applicant has the necessary financial and other resources to make appropriate arrangements for the event, (c) the applicant has arranged or will arrange appropriate insurance cover in connection with the event, in accordance with guidance issued by the motor sport governing body, and (d) the application includes all necessary details of the safety and other arrangements proposed for the event. (4) A permit must specify— (a) any route to be followed in the course of the event; (b) arrangements for the approval by the motor sport governing body of drivers participating in the event; (c) arrangements for the approval by the motor sport governing body of vehicles to be used in the course of the event; (d) arrangements made or to be made for insurance in connection with the event. (5) A permit may set out conditions that the motor sport governing body thinks should be included in any motor race order made in relation to the event. (6) The appropriate national authority must by regulations list motor sport governing bodies that are authorised to issue permits for the purposes of this section. (7) The regulations may specify the kinds of races or trials of speed between motor vehicles on a highway in respect of which each listed governing body may issue permits. (8) The regulations may provide that a listed motor sport governing body ceases to be authorised to issue permits if the rules of the governing body— (a) include provision of a kind specified in the regulations; (b) do not include provision of a kind so specified. (9) In this section— - “the appropriate national authority” means— 1. in relation to England, the Secretary of State; 2. in relation to Wales, the Welsh Ministers; - “local authority” means — 1. a county or district council in England; 2. a parish council in England; 3. a London borough council; 4. the Common Council of the City of London in its capacity as a local authority; 5. the Council of the Isles of Scilly; 6. a county or county borough council in Wales. (12C) (1) A motor race order may only be made on an application under this section. (2) An application may be made only by a person who— (a) wishes to promote a race or trial of speed between motor vehicles on a highway in England and Wales, and (b) has a permit issued in accordance with section 12B in relation to the event. (3) The application must be made to the highway authority for the area in which the event is to take place (and, where the event is to take place in the area of more than one highway authority, separate applications must be made under this section to each authority). (4) The application must be made not less than 6 months before the event. (5) The application must be accompanied by— (a) the permit issued in accordance with section 12B; (b) details of any orders under section 16A of the Road Traffic Regulation Act 1984 (prohibition or restriction on roads in connection with certain events), and of any other orders, regulations or other legislative instruments, that will be needed in connection with the event; (c) a risk assessment in such form as the highway authority may specify; (d) such fee as the highway authority may specify. (12D) (1) Before determining whether to make a motor race order, a highway authority must consider— (a) the likely impact of the event on the local community, (b) the potential local economic and other benefits (in respect of tourism or otherwise), and (c) any other local considerations that the authority thinks relevant. (2) The highway authority may make the motor race order if satisfied that— (a) adequate arrangements have been made to allow the views of the local community to be taken into account, (b) the person proposing to promote the event has shown that the event is commercially viable, and (c) effective arrangements have been made to involve local residents, the police and other emergency services in the planning and implementation of the event. (3) A motor race order must— (a) specify the event to which it relates, including the date or (in the case of an event that is to take place on more than one day) the dates on which it is to take place, (b) include a map of the area to be used for the event (showing, in particular, the roads which participants will use, and areas which will be available for occupation by spectators), and (c) include any other information specified by the appropriate national authority by regulations. (4) A motor race order may include conditions which must be satisfied before, during or after the event. (5) A motor race order may, in particular, include conditions designed to ensure that the arrangements mentioned in subsection (2)(c) continue throughout the planning and implementation of the event. (6) In this section, “the appropriate national authority” means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers. (12E) (1) A motor race order made under section 12D has the effect described in this section. (2) Section 12(1) does not apply to the promoter of the event if that person— (a) promotes the event in accordance with any conditions imposed on the promoter by the motor race order, and (b) takes reasonable steps to ensure that any other conditions specified in the motor race order are met. (3) The provisions listed in the Table do not apply in relation to a participant or an official or (as the case may be) in relation to a vehicle used by a participant or an official provided that— (a) the participant has been approved by the motor sport governing body that issued a permit in respect of the event or (as the case may be) the official has been authorised by the promoter, (b) the participant or official complies with any conditions specified in the motor race order that apply to participants or (as the case may be) officials, and (c) the participant or official also complies with any conditions imposed on him or her by the promoter.

Provision	Topic
Road Traffic Regulation Act 1984
Section 18(3)	Contravention of order relating to one-way traffic on trunk roads
Section 20(5)	Contravention of order relating to use on roads of vehicles of certain classes
Section 81(1), an order under section 84(1), section 86(1), an order under section 88(1) and section 89(1)	Speed limits
Regulations under section 99	Removal of vehicles illegally parked etc
Section 104(1)	Immobilisation of vehicles illegally parked
Road Traffic Act 1988
Section 1	Causing death by dangerous driving
Section 1A	Causing serious injury by dangerous driving
Section 2	Dangerous driving
Section 2B	Causing death by careless, or inconsiderate, driving
Section 3	Careless, and inconsiderate, driving
Section 3ZB	Causing death by driving: unlicensed, disqualified or uninsured drivers
Section 12(1)	Motor racing on public ways
Section 21(1)	Prohibition of driving or parking on cycle tracks
Section 22	Leaving vehicles in dangerous positions
Section 22A	Causing danger to road-users
Section 36(1)	Drivers to comply with traffic signs
The Highway Code, as it has effect under section 38
Section 40A	Using vehicle in dangerous condition etc
Regulations under section 41	Regulation of construction, weight, equipment and use of vehicles
Section 41A	Breach of requirement as to brakes, steering-gear or tyres
Section 41C	Breach of requirement as to speed assessment equipment detection devices
Section 42	Breach of other construction and use requirements
Section 47(1)	Obligatory test certificates
Section 87(1)	Drivers of motor vehicles to have driving licences
Section 103(1)(b)	Driving while disqualified
Section 143(1) and (2)	Users of motor vehicles to be insured or secured against third-party risks
Sections 164 and 165	Powers of constables to require production of driving licence, obtain information etc
Section 165A	Power to seize vehicles driven without licence or insurance
Section 170	Duty of driver to stop, report accident and give information or documents
Vehicle Excise and Registration Act 1994
Section 1(1)(b)	Circumstances in which vehicle excise duty is chargeable on unregistered mechanically propelled vehicles
Section 29(1)	Offence of using or keeping an unlicensed vehicle

(4) The appropriate national authority may by regulations amend this section so as to— (a) add or omit an entry in the Table in subsection (3); (b) provide that subsection (3) applies in relation to a provision for the time being included in the Table only for purposes specified in the regulations; (c) provide that subsection (3) applies in relation to a provision for the time being included in the Table only if a condition specified in the regulations is included in the motor race order. (5) However, regulations under subsection (4) may not add any provision of sections 3A to 11 of this Act (motor vehicles: drink and drugs) to the Table in subsection (3). (6) The promoter of an event in respect of which a motor race order has been made is liable in damages if personal injury or damage to property is caused by anything done— (a) by or on behalf of the promoter in connection with the event, or (b) by or on behalf of a participant or an official, unless it is proved that the promoter took reasonable steps to prevent the injury or damage occurring. (7) For the purposes of the Law Reform (Contributory Negligence) Act 1945, the Fatal Accidents Act 1976 and the Limitation Act 1980 any injury or damage for which a person is liable under subsection (6) is to be treated as due to the fault of that person. (8) In this section— - “the appropriate national authority” means— 1. in relation to England, the Secretary of State; 2. in relation to Wales, the Welsh Ministers; - “official” means a person who facilitates the holding of a race or trial of speed. (12F) (1) A power to make regulations conferred on the Secretary of State or the Welsh Ministers by section 12B(6), 12D(3)(c) or 12E(4) is exercisable by statutory instrument. (2) A statutory instrument containing regulations made by the Secretary of State under section 12E(4) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (3) A statutory instrument containing regulations made by the Secretary of State under section 12B(6) or 12D(3)(c) (other than regulations to which subsection (2) applies) is subject to annulment in pursuance of a resolution of either House of Parliament. (4) A statutory instrument containing regulations made by the Welsh Ministers under section 12E(4) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. (5) A statutory instrument containing regulations made by the Welsh Ministers under section 12B(6) or 12D(3)(c) (other than regulations to which subsection (4) applies) is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (12G) (1) The Scottish Ministers may by regulations authorise, or make provision for authorising, the holding of races or trials of speed on public roads in Scotland. (2) Regulations under this section may in particular— (a) specify the persons by whom authorisations may be given; (b) limit the circumstances in which, and the places in respect of which, authorisations may be given; (c) provide for authorisations to be subject to conditions imposed by or under the regulations; (d) provide for authorisations to cease to have effect in circumstances specified in the regulations; (e) provide for the procedure to be followed, the particulars to be given, and the amount (or the persons who are to determine the amount) of any fees to be paid, in connection with applications for authorisations. (3) Regulations under this section may make different provision for different cases. (12H) (1) Section 12(1) does not apply to the promoter of an event that has been authorised by or under regulations under section 12G if that person— (a) promotes the event in accordance with any conditions imposed on the promoter by or under the regulations, and (b) takes reasonable steps to ensure that any other conditions imposed by or under the regulations are met. (2) Section 12(1) does not apply to a participant in an event that has been authorised by or under regulations under section 12G, provided that the participant complies with any conditions imposed on participants by or under the regulations. (3) Sections 1, 1A, 2, 2B and 3 do not apply to a participant in an event that has been authorised by or under regulations under section 12G or to any other person of a description specified in regulations made by the Scottish Ministers, provided that the participant or other person complies with any conditions imposed on participants or on persons of that description by or under regulations under section 12G. (4) The Scottish Ministers may by regulations make provision for specified provisions of legislation of a kind mentioned in subsection (5)— (a) not to apply in relation to participants in events authorised by or under regulations under section 12G or (as appropriate) in relation to vehicles used by such persons; (b) to apply in relation to such persons or vehicles subject to modifications specified in the regulations; (c) not to apply in relation to persons of a description specified in regulations under this subsection or (as appropriate) in relation to vehicles used by such persons; (d) to apply in relation to such persons or vehicles subject to modifications specified in the regulations. (5) The kinds of legislation are— (a) legislation restricting the speed of vehicles or otherwise regulating the use of vehicles on a public road; (b) legislation regulating the construction, maintenance or lighting of vehicles; (c) legislation requiring a policy of insurance or security to be in force in relation to the use of any vehicle; (d) legislation relating to the duty chargeable on, or the licensing and registration of, vehicles; (e) legislation requiring the driver of a vehicle to hold a licence to drive it; (f) legislation relating to the enforcement of any legislation mentioned in paragraphs (a) to (e). (6) However, regulations under subsection (4) may not disapply, or otherwise alter the application of, sections 3A to 11 of this Act (motor vehicles: drink and drugs). (7) The Scottish Ministers may by regulations amend section 16A of the Road Traffic Regulation Act 1984 so as to enable orders under that section that are made for the purposes of an event authorised by or under regulations under section 12G to suspend statutory provisions in addition to those specified in section 16A(11). (8) The promoter of an event that has been authorised by or under regulations under section 12G is liable in damages if personal injury or damage to property is caused by anything done— (a) by or on behalf of the promoter in connection with the event, (b) by or on behalf of a participant, or (c) by or on behalf of a person of a description specified in regulations made by the Scottish Ministers, unless it is proved that the promoter took reasonable steps to prevent the injury or damage occurring. (9) For the purposes of the Law Reform (Contributory Negligence) Act 1945, any injury or damage for which a person is liable under subsection (8) is to be treated as due to the fault of that person. (10) In this section, “legislation” means— (a) an Act or subordinate legislation (within the meaning of the Interpretation Act 1978); (b) an Act of the Scottish Parliament or an instrument made under an Act of the Scottish Parliament. (12I) (1) Before making regulations under section 12H(3), (4), (7) or (8), the Scottish Ministers must consult such persons as they consider appropriate. (2) Regulations under section 12G are subject to the negative procedure. (3) Regulations under section 12H(3), (4), (7) or (8) are subject to the affirmative procedure.

Motor racing: road closures

74

(1) Section 16A of the Road Traffic Regulation Act 1984 (which allows a traffic authority to impose by order restrictions or temporary prohibitions on the use of roads in connection with certain events) is amended as follows.

(2) In subsection (4), in paragraph (a), after “(motor racing on public ways)” insert “ unless a motor race order under section 12D of that Act is made in relation to the race or trial or it is authorised by or under regulations under section 12G of that Act ”.

(3) After subsection (11) insert—

(12) An order under this section that is made for the purposes of a race or trial of speed in relation to which a motor race order under section 12D of the Road Traffic Act 1988 has been made may also suspend— (a) regulations under section 25(1); (b) section 28(1); (c) an order under section 29(1); (d) byelaws under section 31(1); (e) any provision made by or under Part 4.

Motor racing: consequential amendments

75

(1) The Road Traffic Act 1988 is amended in accordance with subsections (2) to (5).

(2) For the italic cross-heading before section 12 substitute “ Motor racing on public ways ”.

(3) Before section 13 insert the italic cross-heading “ Other motor events ”.

(4) In section 193A (tramcars and trolley vehicles), after subsection (3) insert—

(3A) Sections 12A to 12I do not apply to tramcars or to trolley vehicles.

(5) In section 195 (provisions as to regulations), after subsection (5) insert—

(6) This section does not apply in relation to regulations under section 12B(6), 12D(3)(c) or 12E(4) (provision as to which is made by section 12F) or regulations under section 12G or 12H(3), (4), (7) or (8) (provision as to which is made by section 12I).

(6) The Secretary of State may by regulations made by statutory instrument repeal any local Act passed before this Act which makes provision for authorising races or trials of speed between motor vehicles on highways in England and Wales (and, for this purpose, “highway” has the same meaning as in the Road Traffic Act 1988).

(7) Regulations under subsection (6) may include transitional, transitory or saving provision.

(8) Before making regulations under subsection (6), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(9) A statutory instrument containing regulations under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.

(10) The Scottish Ministers may by regulations repeal any local Act passed before this Act which makes provision for authorising races or trials of speed between motor vehicles on public roads in Scotland (and, for this purpose, “public road” has the same meaning as in the Road Traffic Act 1988).

(11) Regulations under subsection (10) may include transitional, transitory or saving provision.

(12) Before making regulations under subsection (10), the Scottish Ministers must consult such persons as they consider appropriate.

(13) Regulations under subsection (10) are subject to the negative procedure.

Exhibition of films in community premises

76

In the Licensing Act 2003, in Schedule 1 (provision of regulated entertainment), in Part 2 (exemptions), after paragraph 6 insert—

(6A) (1) The provision of entertainment consisting of the exhibition of a film at community premises is not to be regarded as the provision of regulated entertainment for the purposes of this Act if the following conditions are satisfied. (2) The first condition is that prior written consent for the entertainment to take place at the community premises has been obtained, by or on behalf of a person concerned in the organisation or management of the entertainment— (a) from the management committee of the community premises, or (b) where there is no management committee, from— (i) a person who has control of the community premises (as occupier or otherwise) in connection with the carrying on by that person of a trade, business or other undertaking (for profit or not), or (ii) where there is no such person, an owner of the community premises. (3) The second condition is that the entertainment is not provided with a view to profit. (4) The third condition is that the entertainment takes place in the presence of an audience of no more than 500 persons. (5) The fourth condition is that the entertainment takes place between 8am and 11pm on the same day. (6) The fifth condition is that the film classification body or the relevant licensing authority has made a recommendation concerning the admission of children to an exhibition of the film and— (a) where a recommendation has been made only by the film classification body, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of that body; (b) where a recommendation has been made only by the relevant licensing authority, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of that authority; (c) where recommendations have been made both by the film classification body and the relevant licensing authority, the admission of children is subject to such restrictions (if any) as are necessary to comply with the recommendation of the relevant licensing authority. (7) In sub-paragraph (6) the reference to the “relevant licensing authority”, in relation to the exhibition of a film at particular community premises, is a reference to— (a) the licensing authority in whose area the premises are situated, or (b) where the premises are situated in the areas of two or more licensing authorities, those authorities or (as the context requires) such of those authorities as have made a recommendation. (8) In this paragraph— - “children” and “film classification body” have the same meaning as in section 20; - “owner”, in relation to community premises, means— 1. a person who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, or 2. a person who holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than 3 years.

TV licensing: duty to review sanctions

77

(1) The Secretary of State must carry out a review of the sanctions that are appropriate in respect of contraventions of section 363 of the Communications Act 2003 (licence required for installation or use of television receiver).

(2) A review under subsection (1) must—

(a) examine proposals for decriminalisation of offences under section 363 of the Communications Act 2003;

(b) begin before the end of the period of 3 months beginning with the day on which this Act is passed;

(d) be laid before both Houses of Parliament by the Secretary of State on completion and be presented to the BBC Trust.

(3) The Secretary of State must, before the end of the period of 3 months beginning with the day on which the review is completed, lay before both Houses of Parliament a report setting out the Secretary of State's response to the review which must include—

(a) a statement as to whether the Secretary of State proposes to exercise the power to make regulations under section 78(1)(a) or (b), and

(b) if the Secretary of State proposes to do so, an outline of the steps that the Secretary of State proposes to take in consequence and when those steps will be taken.

TV licensing: alternatives to criminal sanctions

78

(1) The Secretary of State may by regulations made by statutory instrument—

(a) replace the TV licensing offences with civil monetary penalties payable to the BBC, or

(b) amend Part 3 of the Regulatory Enforcement and Sanctions Act 2008 so as to enable an order to be made under section 36 of that Act conferring power on the BBC to impose in relation to a TV licensing offence—

(i) a fixed monetary penalty (within the meaning of that Part);

(ii) a variable monetary penalty (within the meaning of that Part).

(2) Regulations under subsection (1)(a) may provide for the amount of a monetary penalty to be—

(a) a fixed amount specified in, or determined in accordance with, the regulations, or

(b) such amount, not exceeding a maximum amount specified in the regulations, as may be determined by a body so specified.

(3) Regulations under subsection (1)(a) must—

(a) make provision as to the steps that must be taken before a monetary penalty is imposed;

(b) make provision conferring rights to appeal against the imposition of a monetary penalty.

(4) Regulations under subsection (1)(a) may make provision corresponding to any provision that could be included in an order under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 by virtue of section 52 of that Act (early payment discounts, late payment and enforcement).

(5) Regulations under subsection (1)(a) may—

(a) confer powers to obtain information for the purpose of determining whether to impose a monetary penalty;

(b) confer powers of entry, search or seizure for that purpose.

(6) Regulations under subsection (1)(a) may repeal or otherwise amend any provision of Part 4 of the Communications Act 2003.

(7) Any sums received by the BBC by virtue of regulations under this section must be paid into the Consolidated Fund.

(8) Regulations under this section may include—

(a) consequential provision, or

(b) transitional, transitory or saving provision,

and any such provision may be made by repealing, revoking or otherwise amending or modifying legislation.

(9) Regulations under this section may make different provision for different purposes or areas.

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

(11) Regulations under subsection (1) may not be made so as to come into force before 1 April 2017.

(12) Unless the power conferred by subsection (1) is exercised before the end of the period of 24 months beginning with the day on which the review required by section 77 is completed, this section expires at the end of that period.

(13) “The TV licensing offences” are—

(a) the offence under section 363(2) of the Communications Act 2003 (installing or using a television receiver without a licence), and

(b) the offence under section 363(3) of that Act (having a receiver in a person's possession intending to install or use it without a licence etc).

(14) In this section—

“the BBC” means the British Broadcasting Corporation;

“legislation” means—an Act or subordinate legislation (within the meaning of the Interpretation Act 1978);an Act of the Scottish Parliament or an instrument made under an Act of the Scottish Parliament;a Measure or Act of the National Assembly for Wales or an instrument made under a Measure or Act of that Assembly; andNorthern Ireland legislation or an instrument made under Northern Ireland legislation.

Administration of justice

Repeal of Senior President of Tribunals’ duty to report on standards

79

In section 15A of the Social Security Act 1998 (functions of Senior President of Tribunals), omit subsections (2) and (3) (which require the preparation and publication of an annual report on standards of decision-making in the making of certain decisions of the Secretary of State against which an appeal lies to the First-tier Tribunal).

Criminal procedure: written witness statements

80

(1) Section 9 of the Criminal Justice Act 1967 (proof by written statement) is amended as follows.

(2) In subsection (2)(d) (objections to the tendering of written statements), for “within seven days from the service of the copy of the statement” substitute “ within the relevant period ”.

(3) After subsection (2) insert—

(2A) For the purposes of subsection (2)(d), “the relevant period” is— (a) such number of days, which may not be less than seven, from the service of the copy of the statement as may be prescribed by Criminal Procedure Rules, or (b) if no such number is prescribed, seven days from the service of the copy of the statement.

(4) Omit the following—

(a) subsections (3) and (3A) (which make provision about the content of written statements etc);

(b) subsection (6) (which provides for written statements to be read aloud unless the court otherwise directs);

(5) In consequence of subsections (2) and (3), paragraph 10 of Schedule 4 to the Wireless Telegraphy Act 2006 is amended as follows—

(a) after sub-paragraph (2) insert—

(2A) The statement is to be treated as properly served for the purposes of section 9 of the Criminal Justice Act 1967 (proof by written statement), even though the manner of service is not authorised by Criminal Procedure Rules.

;

(b) in sub-paragraph (3)—

(i) omit paragraph (a) and the “and” following it;

(ii) in the closing words, for “either of those sections” substitute “ that section ”;

(5A) If the alleged offender makes a request to be tried, section 9(2A) of the Criminal Justice Act 1967 (time for objection) is to apply— (a) with the substitution for the reference in paragraph (a) to such number of days, which may not be less than seven, from the service of the copy of the statement of a reference to such number of days, which may not be less than seven, beginning with the day after the one on which the request to be tried was made, and (b) with the substitution for the reference in paragraph (b) to seven days from the service of the copy of the statement of a reference to seven days beginning with the day after the one on which the request to be tried was made.

;

(d) in sub-paragraph (6)—

(i) omit paragraph (a) and the “and” following it;

(ii) in the closing words, for “are to apply” substitute “ is to apply ”.

(6) In consequence of subsection (4)—

(a) in the Magistrates' Courts Act 1980, in section 12(3)(b)(ii), for “subsections (2)(a) and (b) and (3)” substitute “ subsection (2)(a) and (b) ”;

(b) in the Road Traffic Offenders Act 1988, in section 79(4), for “subsection (8) of that section” substitute “ Criminal Procedure Rules ”;

(d) in the Criminal Procedure and Investigations Act 1996, omit section 69.

Criminal procedure: written guilty pleas

81

(1) Section 12 of the Magistrates' Courts Act 1980 (non-appearance of accused: plea of guilty) is amended as follows.

(2) In subsection (7), after “shall” insert “ , subject to rules of court made under subsection (7ZA), ”.

(3) After subsection (7) insert—

(7ZA) Rules of court may— (a) specify which of paragraphs (a) to (d) of subsection (7) (if any) are to apply; (b) provide that any such paragraph is to apply only in circumstances specified in the rules. (7ZB) Where rules of court are made under subsection (7ZA), subsection (7) applies only to the extent provided for by the rules.

Criminal procedure: powers to make Criminal Procedure Rules

82

(1) In the Administration of Justice (Miscellaneous Provisions) Act 1933, in section 2 (procedure for indictment of offenders)—

(a) in subsection (6), for “Rules” substitute “ Criminal Procedure Rules ”;

(b) omit subsection (6A).

(2) In that section, in subsection (2), in paragraph (i) of the proviso, for “section 57D(1)” substitute “ section 51D(1) ”.

(3) In the Police and Criminal Evidence Act 1984, in Schedule 1 (making of orders and issue of warrants in respect of excluded or special procedure material)—

(a) in paragraph 7, after “paragraph 4 above” insert “ that relates to material that consists of or includes journalistic material ”;

(b) in paragraph 8, for “such an order” substitute “ an order under paragraph 4 above that relates to material that consists of or includes journalistic material ”;

(c) in paragraph 9, for “Such a notice” substitute “ Notice of an application for an order under paragraph 4 above that relates to material that consists of or includes journalistic material ”;

(d) in paragraph 10, for “this Schedule” (in each place where it occurs) substitute “ paragraph 8 ”;

(e) after paragraph 15 insert—

(15A) Criminal Procedure Rules may make provision about proceedings under this Schedule, other than proceedings for an order under paragraph 4 above that relates to material that consists of or includes journalistic material.

(4) In the Terrorism Act 2000, in Part 1 of Schedule 5 (making of orders and issue of warrants in respect of obtaining information in terrorist investigations: England and Wales and Northern Ireland), in paragraph 11 (which deals with the issue of warrants in respect of excluded or special procedure material), after sub-paragraph (4) insert—

(5) Criminal Procedure Rules may make provision about proceedings relating to a warrant under this paragraph.

(5) In the Criminal Justice and Police Act 2001, in section 59 (applications for the return of seized property etc), after subsection (12) insert—

(13) Criminal Procedure Rules may make provision about proceedings under this section on an application to a judge of the Crown Court in England and Wales.

(6) In the Proceeds of Crime Act 2002, in section 352 (applications for search and seizure warrants), after subsection (7) insert—

(8) Criminal Procedure Rules may make provision about proceedings under this section on an application to a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales.

“MAPPA arrangements” to cease to apply to certain offenders

83

(1) Section 327 of the Criminal Justice Act 2003 (which makes provision about the offenders in respect of whom multi-agency public protection arrangements - sometimes referred to as “MAPPA arrangements” - must be made) is amended as follows.

(2) In subsection (1), for “subsections (2) to (5)” substitute “ subsections (2) to (4) ”.

(3) In subsection (3), in paragraph (a), after “Schedule 15” insert “ or in subsection (4A) below ”.

(4) In subsection (4), in paragraph (a), after “Schedule 15” insert “ or in subsection (4A) below ”.

(5) After subsection (4) insert—

(4A) The offences specified in this subsection are— (a) an offence under section 1 of the Child Abduction Act 1984 (abduction of child by parent); (b) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (trafficking people for exploitation), where the offence is committed against a child; (c) an offence under section 4(3) of the Misuse of Drugs Act 1971 where the offence is committed by— (i) supplying or offering to supply a Class A drug to a child, (ii) being concerned in the supplying of such a drug to a child, or (iii) being concerned in the making to a child of an offer to supply such a drug; (d) an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this subsection; (e) an offence of conspiring to commit an offence so specified; (f) an offence of attempting to commit an offence so specified.

(6) Omit subsection (5).

(7) In subsection (6), after “In this section” insert

— child” means a person under 18;

Removal of requirement that prison closures be made by order

84

(1) The Prison Act 1952 is amended as follows.

(2) In section 37 (closing of prisons)—

(a) in subsection (1)—

(i) omit “Subject to the next following subsection,”;

(ii) omit “by order”;

(b) omit subsections (2) and (3).

(3) In section 43 (remand centres and young offender institutions), as it has effect on and after the day on which section 38 of the Criminal Justice and Courts Act 2015 comes into force, in the Table in subsection (4)—

(a) in the entry for “Young offender institutions”, in the second column, for “Sections 28 and 37(2)” substitute “ Section 28 ”;

(b) in the entry for “Secure training centres or secure colleges”, in the second column, for “, 28 and 37(2)” substitute “ and 28 ”.

(4) Until section 38 of the Criminal Justice and Courts Act 2015 comes into force, in section 43 (remand centres and young offender institutions)—

(a) in subsection (5), for “sections 28 and 37(2)” substitute “ section 28 ”;

(b) in subsection (5A), for “28 and 37(2) and (3)” substitute “ and 28 ”.

(5) In section 52 (exercise of power to make orders, rules and regulations)—

(a) in subsection (1), omit “, 37”;

(b) in subsection (2), omit “or an order made under section thirty-seven of this Act,”.

Power of HMRC to disclose information for purposes of certain litigation

85

(1) The Commissioners for Her Majesty's Revenue and Customs may disclose information held by them—

(a) to a person who is entitled to bring proceedings under the fatal accidents legislation or for whose benefit such proceedings may be brought, for use in connection with the proceedings or in reaching a settlement without the need to bring proceedings;

(b) to a person who is entitled to bring proceedings for damages for personal injury for the benefit of the estate of a deceased person, for use in connection with the proceedings or in reaching a settlement without the need to bring proceedings;

(c) to a person who has made or who wishes to make an application for a payment under the Diffuse Mesothelioma Payment Scheme on the basis that he or she is eligible for such a payment under section 3 of the Mesothelioma Act 2014 (eligibility of dependants for payments under the Scheme), for use in connection with the application.

(2) “The fatal accidents legislation” means—

(a) the Fatal Accidents Act 1976;

(b) the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18));

CLC practitioner services bodies

86

(1) Section 32 of the Administration of Justice Act 1985 (provision of conveyancing services by recognised bodies) is amended as follows.

(2) In the heading, after “conveyancing” insert “ or other ”.

(3) In subsection (1)—

(a) in paragraph (a), after “bodies” insert “ or CLC practitioner services bodies ”;

(b) in paragraph (b), for “such bodies” substitute “ conveyancing services bodies ”;

undertake— (i) the provision of conveyancing services, (ii) the exercise of a right of audience, (iii) the conduct of litigation, (iv) probate activities, (v) the administration of oaths, or (vi) the provision of relevant legal services not covered by sub-paragraphs (i) to (v);

;

(d) after paragraph (b) insert—

(bza) prescribing the circumstances in which CLC practitioner services bodies may be recognised by the Council as being suitable bodies to undertake— (i) the exercise of a right of audience, (ii) the conduct of litigation, (iii) probate activities, (iv) the administration of oaths, or (v) the provision of relevant legal services not covered by sub-paragraphs (i) to (iv);

;

(e) in paragraph (ba), for the words from “bodies” to the end substitute

bodies to carry on— (i) the exercise of a right of audience, (ii) the conduct of litigation, (iii) reserved instrument activities, where the recognised body is a conveyancing services body, (iv) probate activities, or (v) the administration of oaths;

;

(f) in paragraph (c), after “requirements” insert “ , including requirements about the carrying on of activities which are not reserved legal activities, ”.

(4) In subsection (3)(e), after “those bodies” insert “ (including information about disciplinary measures taken) ”.

(5) In subsection (3C), after paragraph (a) insert—

(aa) conditions restricting the kinds of CLC practitioner services that may be provided by the body;

(6) For subsection (8) substitute—

(8) In this section— - “administration of oaths” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act); - “CLC practitioner services” has the meaning given by section 32B; - “CLC practitioner services body” has the meaning given by section 32B; - “conduct of litigation” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act); - “conveyancing services body” has the meaning given by section 32A; - “probate activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act); - “relevant legal services”— 1. in relation to a conveyancing services body, has the meaning given by section 32A; and 2. in relation to a CLC practitioner services body, has the meaning given by section 32B; - “reserved instrument activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act); - “right of audience” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act).

(7) After subsection (8) insert—

(8A) Nothing in this section affects section 13 of the Legal Services Act 2007 (entitlement to carry on a reserved legal activity).

(8) After section 32A (definition of “conveyancing services body”) insert—

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