Deregulation Act 2015

(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;

• (c) be completed no later than 12 months after the day on which it begins; and

• (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);

• (c) subsection (8) (which deals with the service of documents).

• (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 ”;

• (c) after sub-paragraph (5) insert—

(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 ”;

• (c) in the Criminal Justice and Public Order Act 1994, in Schedule 9, omit paragraph 6(1);

• (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));

• (c) section 4 of the Damages (Scotland) Act 2011.

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 ”;

• (c) in paragraph (b), for the words from “undertake” to the end substitute

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—

(32B) (1) For the purposes of section 32 a “CLC practitioner services body” means a body (corporate or unincorporate) in respect of which— (a) the management and control condition, (b) the services condition, and (c) the authorised person condition, are satisfied. (2) The management and control condition is satisfied in the case of a partnership if at least one of the partners is a licensed conveyancer or a licensed CLC practitioner. (3) The management and control condition is satisfied in the case of an unincorporated body (other than a partnership), or a body corporate which is managed by its members, if at least one of those members is a licensed conveyancer or a licensed CLC practitioner. (4) The management and control condition is satisfied in the case of any other body corporate if at least one director of the body is a licensed conveyancer or a licensed CLC practitioner. (5) The services condition is satisfied in respect of a body if— (a) the body is carrying on a business consisting of the provision of— (i) CLC practitioner services; or (ii) CLC practitioner services and other relevant legal services; and (b) the body does not provide conveyancing services. (6) The authorised person condition is satisfied if the licensed conveyancer or licensed CLC practitioner by reference to whom the management and control condition is satisfied, or one of the persons by reference to whom that condition is satisfied, is an authorised person in relation to any reserved legal activity involved in the CLC practitioner services that are provided by the body. (7) For the purposes of this section— (a) a reference to CLC practitioner services is a reference to services involving the carrying on of such of the following as are reserved legal activities in relation to which the Council is designated as an approved regulator— (i) the exercise of a right of audience; (ii) the conduct of litigation; (iii) probate activities; (iv) the administration of oaths; (b) a reference to designation as an approved regulator is a reference to designation as an approved regulator— (i) by Part 1 of Schedule 4 to the Legal Services Act 2007, or (ii) under Part 2 of Schedule 4 to that Act; (c) a person has an interest in a body if the person has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act). (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); - “authorised person” means an authorised person in relation to an activity which is a reserved legal activity (within the meaning of the Legal Services Act 2007); - “conduct of litigation” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act); - “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”, in relation to a body, means— 1. CLC practitioner services, and 2. where authorised persons are managers or employees of, or have an interest in, the body, services such as are provided by individuals practising as such authorised persons (whether or not those services involve the carrying on of reserved legal activities), except for conveyancing services; - “reserved legal activity” 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).

Licensed CLC practitioners

87

• (1) Section 53 of the Courts and Legal Services Act 1990 (the Council for Licensed Conveyancers: authorisation of individuals to carry on reserved legal activities) is amended as follows.

• (2) In subsection (2), omit “only if the person is a licensed conveyancer”.

• (3) In subsection (3)—

• (a) for “a licensed conveyancer” substitute “ a person ”;

• (b) for “the licensed conveyancer” substitute “ the person in respect of that activity ”.

• (4) In subsection (4), for “Any such” substitute “ If the person granted a licence under this section is a licensed conveyancer, the ”.

• (5) After subsection (4) insert—

(4A) If the person granted a licence under this section is not a licensed conveyancer, the licence may be granted as a separate licence or as part of a composite licence comprising that and any other licence under this section which the Council may grant to the person. (4B) A licence under this section granted to a person who is not a licensed conveyancer ceases to have effect if the person becomes a licensed conveyancer.

• (6) In subsection (9)—

• (a) in the opening words, after “respect to” insert “ persons who apply for, or hold, an advocacy, litigation or probate licence and ”;

• (b) in paragraph (c), for “licensed conveyancer” substitute “ person ”;

• (c) after paragraph (d) insert—

(da) any case of an individual who describes himself or herself, or holds himself or herself out, as a licensed CLC practitioner without holding a licence in force under this section;

;

• (d) in the words following paragraph (f), after “respect to” insert “ persons who apply for, or hold, a licence under Part 2 of the Act of 1985 and ”.

• (7) After subsection (9) insert—

(9A) The modifications mentioned in subsection (9) may differ depending on whether the person applying for, or holding, an advocacy, litigation or probate licence is or is not a licensed conveyancer. (9B) Subsection (9) does not apply to section 34 of the Act of 1985 (modification of existing enactments relating to conveyancing etc).

• (8) After subsection (10) insert—

(11) In this section— - “advocacy licence” means a licence issued under this section by which the Council authorises the person concerned to exercise a right of audience; - “CLC practitioner services” has the same meaning as in section 32B of the Act of 1985; - “licensed CLC practitioner” means a person, other than a licensed conveyancer, who holds a licence under this section; - “litigation licence” means a licence issued under this section by which the Council authorises the person concerned to carry on activities which constitute the conduct of litigation; - “the practice of a licensed CLC practitioner” means the provision by a person, as the holder of a licence under this section, of CLC practitioner services in accordance with the licence; and - “probate licence” means a licence issued under this section by which the Council authorises the person concerned to carry on activities that constitute probate activities.

• (9) In the italic heading preceding section 53, after “conveyancers” insert “ and licensed CLC practitioners ”.

CLC practitioner services: consequential amendments

88

Schedule 19 contains consequential amendments relating to sections 86 and 87.

The Council for Licensed Conveyancers: other amendments

89

Schedule 20 contains other amendments relating to the Council for Licensed Conveyancers.

Other measures to reduce burdens on public authorities

Poisons and explosives precursors

90

Schedule 21 introduces a common system for regulating the possession etc of non-medicinal poisons and explosives precursors.

London street trading appeals: removal of role of Secretary of State in appeals

91

• (1) The London Local Authorities Act 1990 is amended in accordance with subsections (2) and (3).

• (2) After section 30 insert—

(30A) (1) Any person aggrieved— (a) by a resolution rescinding or varying a designating resolution; (b) by a resolution under subsection (1)(b) of section 24 (Designation of licence streets) of this Act; (c) by a standard condition prescribed by regulations under subsection (3) of section 27 (Conditions of street trading licences) of this Act; or (d) by the amount of a fee or charge under section 32 (Fees and charges) of this Act; may appeal to a magistrates' court acting for the area of the borough council which passed the resolution, prescribed the condition or determined the amount of the fee or charge (as the case may be). (2) An appeal under subsection (1) may be brought— (a) in the case of an appeal under paragraph (a) or (b) of that subsection, at any time before the expiration of the period of three months beginning with the date on which notice of the passing of the resolution is published for the second time in accordance with subsection (10) of section 24 (Designation of licence streets) of this Act; (b) in the case of an appeal under paragraph (c) of that subsection, at any time before the expiration of the period of three months beginning with the date upon which the licence holders or a body or bodies representative of them were notified of the making of the regulations; (c) in the case of an appeal under paragraph (d) of that subsection— (i) if it relates to the amount of a fee payable under subsection (1) of section 32 (Fees and charges) of this Act, at any time before the expiration of the period of three months beginning with the date on which the fee payable is notified to the licence holders or a body or bodies representative of them; (ii) if it relates to the amount of a charge under subsection (2) of section 32 (Fees and charges) of this Act, at any time before the expiration of the period of three months beginning with the date on which notice of the determination of the charge has been given to the licence holders or a body or bodies representative of them. (3) A person desiring to appeal under subsection (1) shall give written notice to the magistrates' court and to the borough council specifying the matter about which the person is aggrieved and the grounds upon which the appeal is made. (4) On an appeal to a magistrates' court under this section, the court may make such order as it thinks fit.

• (3) In section 30—

• (a) omit subsections (11) and (12);

• (b) in the sidenote, after “Part III appeals” insert “ : refusal to grant a licence etc. ”.

• (4) Section 19 of the City of Westminster Act 1999 is amended as follows.

• (5) In subsection (1), for the words from “the Secretary of State” to the end of the subsection substitute “a magistrates' court acting for the area of the council”.

• (6) After subsection (2) insert—

(3) A person desiring to appeal under subsection (1) shall give written notice to the magistrates' court and to the council specifying the matter about which the person is aggrieved and the grounds upon which the appeal is made. (4) On an appeal to a magistrates' court under this section, the court may make such order as it thinks fit.

• (7) For the sidenote substitute “Appeals to a magistrates' court”.

Gangmasters (Licensing) Act 2004: enforcement

92

In section 15 of the Gangmasters (Licensing) Act 2004 (enforcement and compliance officers), after subsection (6) insert—

(7) This section does not prevent the Secretary of State from making arrangements for ensuring that functions relating to the institution or conduct of proceedings in England and Wales for an offence under this Act are carried out by the Director of Public Prosecutions and, accordingly, the terms of appointments under subsection (1), or arrangements under subsection (2), may include provision, or be modified so as to include provision, for enforcement officers not to carry out such functions at any time when they are being carried out by the Director.

Reduction in regulation of providers of social work services

93

• (1) In the Care Standards Act 2000, omit section 4(10) (which provides for the Act to apply to a provider of social work services as it applies to an agency to which that Act applies).

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

• (a) in that Act, omit—

• (i) section 5(1A)(f), and the “and” before it;

• (ii) section 30A(6)(f);

• (iii) section 121(4A);

• (b) in the Children and Young Persons Act 2008, omit section 4.

Electoral Commission: changes to facilitate efficient administration

94

• (1) Schedule 1 to the Political Parties, Elections and Referendums Act 2000 (the Electoral Commission) is amended as follows.

• (2) Paragraph 15 (five-year plan) is amended as set out in subsections (3) and (4).

• (3) In sub-paragraph (1), after “paragraph 14” insert “ in respect of the first financial year to begin after the day on which Parliament meets for the first time following a parliamentary general election, ”.

• (4) After that sub-paragraph insert—

(1A) The Speaker's Committee may require the Commission to submit a plan under sub-paragraph (1) when the Commission submit such an estimate as is mentioned in paragraph 14 in respect of a financial year other than one mentioned in that sub-paragraph.

• (5) In paragraph 16 (annual examination of Commission by Comptroller and Auditor General), in sub-paragraph (1)—

• (a) after “paragraphs 14 and 15” insert “ in respect of any year when both an estimate under paragraph 14 and a five-year plan under paragraph 15 are submitted to them, ”;

• (b) for “in each year” substitute “ before the Committee consider the estimate and plan ”.

• (6) In the cross-heading preceding paragraph 16, for “Annual examination” substitute “ Examination ”.

LGBC for England: changes to facilitate efficient administration

95

• (1) Schedule 1 to the Local Democracy, Economic Development and Construction Act 2009 (Local Government Boundary Commission for England) is amended as follows.

• (2) In paragraph 5 (committees), for sub-paragraph (3) substitute—

(3) A committee established under this paragraph to review the economy, efficiency or effectiveness with which the Commission has used its resources, or any sub-committee of such a committee, may include up to two people who are not also members of the Commission (“independent members”). (4) The Commission may not appoint as an independent member anyone who would be ineligible for appointment as a member of the Commission because of paragraph 1(3). (5) An independent member must be appointed on such terms and conditions, including terms and conditions as to remuneration, as the Commission may determine. (6) Except as provided by sub-paragraph (3), only a member of the Commission may be a member of one of its committees or sub-committees.

• (3) Paragraph 12 (five-year plan) is amended as set out in subsections (4) and (5).

• (4) In sub-paragraph (1), after “paragraph 11” insert “ in respect of the first financial year to begin after the day on which Parliament meets for the first time following a parliamentary general election ”.

• (5) After that sub-paragraph insert—

(1A) The Speaker's Committee may require the Commission to submit a plan under sub-paragraph (1) when the Commission submits such an estimate as is mentioned in paragraph 11 in respect of a financial year other than one mentioned in that sub-paragraph.

• (6) In paragraph 13 (annual examination by Comptroller and Auditor General), in sub-paragraph (1)—

• (a) for “For the purposes of paragraphs 11 and 12” substitute “ For the purpose of assisting the Speaker's Committee to discharge their functions under paragraphs 11 and 12 in respect of any year when both an estimate under paragraph 11 and a five-year plan under paragraph 12 are submitted to them, ”;

• (b) for “in each year” substitute “ before the Committee consider the estimate and plan ”.

• (7) In the cross-heading preceding paragraph 13, for “Annual examination” substitute “ Examination ”.

NHS foundation trusts and NHS trusts: acquisitions and dissolutions etc

96

• (1) The National Health Service Act 2006 is amended as follows.

• (2) In section 56A (acquisitions), after subsection (4) insert—

(4A) Where the regulator proposes to grant the application, it may by order make provision for the transfer of employees of B to A on the grant of the application.

• (3) After section 56A insert—

(56AA) (1) On the grant of an application under section 56A— (a) any order made by the regulator under section 56A(4A) takes effect, (b) the property and liabilities of the acquired NHS foundation trust or NHS trust are transferred to the acquiring NHS foundation trust (other than rights and liabilities which may be dealt with by order under section 56A(4A)), (c) the acquired NHS foundation trust or NHS trust is dissolved, and (d) where the acquired trust is an NHS trust, the NHS trust order establishing it is revoked. (2) So far as may be necessary for the purposes of subsection (1)(b)— (a) anything done before the grant of the application by or in relation to the acquired trust is to be treated (on and after the grant) as having been done by or in relation to the acquiring trust; (b) any reference in a document to the acquired trust is to be read as a reference to the acquiring trust. (3) Anything (including legal proceedings) that, immediately before the grant of the application, is in the process of being done by or in relation to the acquired trust may continue to be done afterwards by or in relation to the acquiring trust. (4) In subsection (1)— (a) “liabilities” includes criminal liabilities; (b) “property” includes trust property.

• (4) In section 57 (sections 56 to 56B: supplementary), after subsection (3) insert—

(3A) The order may include provision for the transfer of employees of the trust or trusts dissolved by the order.

• (5) In section 64 (orders and regulations under this Chapter)—

• (a) in subsection (4), before paragraph (c) insert—

(ba) section 56A(4A),

;

• (b) in subsection (4A), after “section” insert “ 56A(4A), ”.

• (6) In section 65LA (trusts to be dissolved), in subsection (3)(b), for the words following “trust” to the end substitute

— (i) to an NHS body; (ii) to the Secretary of State; (iii) between more than one NHS body or between one or more NHS bodies and the Secretary of State.

• (7) In that section, in subsection (5), for “to an NHS foundation trust” substitute “ to an NHS body ”.

• (8) In paragraph 31 of Schedule 4 (NHS trusts established under section 25), as it has effect until its repeal by section 179(2) of the Health and Social Care Act 2012, at the beginning insert “ Subject to section 56AA, ”.

Access to registers kept by Gas and Electricity Markets Authority

97

• (1) Section 36 of the Gas Act 1986 (keeping of register under Part 1 of that Act: gas supply) is amended in accordance with subsections (2) to (4).

• (2) In subsection (1) (duty on Authority to maintain register), omit “at such premises and”.

• (3) For subsection (4) substitute—

(4) The contents of the register must be shown on the Authority's website.

• (4) In consequence of the amendment made by subsection (3) of this section, in subsection (5), for “so made” substitute “ made by the Secretary of State ”.

• (5) Section 49 of the Electricity Act 1989 (keeping of register under Part 1 of that Act: electricity supply) is amended in accordance with subsections (6) to (8).

• (6) In subsection (1) (duty on Authority to maintain register), omit “at such premises and”.

• (7) For subsection (5) substitute—

(5) The contents of the register must be shown on the Authority's website.

• (8) In consequence of the amendment made by subsection (7) of this section, in subsection (6), for “so made” substitute “ made by the Secretary of State ”.

Information contained in entries of births and deaths

98

• (1) The Births and Deaths Registration Act 1953 is amended as follows.

• (2) After section 34 (entry in register as evidence of birth or death) insert—

(34A) (1) The Minister may make regulations for the purpose of enabling the Registrar General— (a) to carry out, on request, a search to find out whether the Registrar General's certified copies contain a particular entry; (b) to provide, on request, a record of information contained in an entry in the Registrar General's certified copies, otherwise than in the form of a certified copy. (2) The regulations may authorise or require the Registrar General to charge a fee of an amount specified in the regulations for carrying out a search or providing a record. (3) The regulations may make provision— (a) as to how a request for a search or a record may be made; (b) as to the forms in which a record may be provided. (4) The provision that may be made in the regulations includes provision for a record to be provided in a form that does not include all of the information contained in an entry. (5) This section does not affect the entitlement under this Act of any person to a certified copy of an entry in the Registrar General's certified copies. (6) In this section, “the Registrar General's certified copies” means the certified copies of entries in registers sent to the Registrar General under this Act or under any enactment repealed by this Act and kept in the General Register Office. (7) Section 30(4) applies for the purposes of this section as it applies for the purposes of section 30.

• (3) In section 39 (regulations), in paragraph (a), for “and 10C” substitute “ , 10C and 34A ”.

• (4) In section 39A (regulations made by the Minister: further provisions), in subsection (5), for “and 10C” substitute “ , 10C and 34A ”.

Information contained in entries of marriages and civil partnerships

99

• (1) After section 65 of the Marriage Act 1949 (searches of indexes kept by Registrar General) insert—

(65A) (1) The Secretary of State may make regulations for the purpose of enabling the Registrar General— (a) to carry out, on request, a search to find out whether the Registrar General's certified copies contain a particular entry; (b) to provide, on request, a record of information contained in an entry in the Registrar General's certified copies, otherwise than in the form of a certified copy. (2) The regulations may authorise or require the Registrar General to charge a fee of an amount specified in the regulations for carrying out a search or providing a record. (3) The regulations may make provision— (a) as to how a request for a search or a record may be made; (b) as to the forms in which a record may be provided. (4) The provision that may be made in the regulations includes provision for a record to be provided in a form that does not include all of the information contained in an entry. (5) Before making regulations under this section, the Secretary of State must consult the Registrar General. (6) Regulations under this section are to be made by statutory instrument. (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (8) This section does not affect the entitlement of any person to a certified copy of an entry in the Registrar General's certified copies. (9) In this section, “the Registrar General's certified copies” means the certified copies of entries in marriage register books sent to the Registrar General under this Part of this Act and kept in the General Register Office.

• (2) In section 36 of the Civil Partnership Act 2004 (regulations and orders), in subsection (2), after paragraph (f) insert—

(g) for the carrying out by the Registrar General, on request, of searches of entries in the register and the provision, on request, of information contained in the entries (otherwise than in the form of certified copies).

• (3) In section 9 of the Marriage (Same Sex Couples) Act 2013 (conversion of civil partnership into marriage), in subsection (5), after paragraph (b) insert—

(ba) the carrying out, on request, of searches of any information recorded and the provision, on request, of records of any information recorded (otherwise than in the form of certified copies);

.

Repeal of duty to prepare sustainable community strategy

100

• (1) In the Local Government Act 2000, omit section 4 (which requires local authorities in England to prepare sustainable community strategies).

• (2) In consequence of subsection (1), omit the following provisions—

• (a) in that Act of 2000, section 4A;

• (b) in the Planning and Compulsory Purchase Act 2004, section 19(2)(f) and (g) and (7);

• (c) in the Sustainable Communities Act 2007, section 7;

• (d) in the Local Government and Public Involvement in Health Act 2007, sections 78, 106(2)(c)(i), 111(4)(c)(i) and 114;

• (e) in the Housing and Regeneration Act 2008, section 126;

• (f) in the Child Poverty Act 2010, section 24;

• (g) in the Equality Act 2010, section 1(4) and (5);

• (h) in the Local Government (Wales) Measure 2009, in Schedule 2, paragraph 3.

Repeal of duties relating to local area agreements

101

• (1) In Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007—

• (a) omit sections 105 to 113 (which impose duties on local authorities in England to make local area agreements specifying local improvement targets if so directed by the Secretary of State);

• (b) in section 117—

• (i) omit the definitions of “designated target”, “local area agreement”, “local improvement target” and “revision proposal”;

• (ii) in the definition of “responsible local authority” omit the words from “and “the responsible local authority”, in relation to a local area agreement” to the end of the definition;

• (c) omit section 118(1) and (2) (which make transitional provision in relation to local area agreements).

• (2) In consequence of subsection (1), in the heading of the Chapter, omit “Local Area Agreements and”.

Repeal of provisions relating to multi-area agreements

102