Deregulation Act 2015

(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

• (1) Omit Part 7 of the Local Democracy, Economic Development and Construction Act 2009 (which makes provision for the approval by the Secretary of State of multi-area agreements prepared by local authorities in England and for the effect of such approval etc).

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

• (a) in the Police Reform and Social Responsibility Act 2011, in Schedule 16, omit paragraph 377;

• (b) in the Education Act 2011, in Schedule 16, omit paragraph 45;

• (c) in the Health and Social Care Act 2012, in Schedule 5, omit paragraph 172.

Repeal of duties relating to consultation or involvement

103

• (1) In the Local Government Act 1999, omit section 3A (which makes provision for best value authorities to involve local representatives in the exercise of their functions).

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

• (a) in the Local Government Act 1999, in section 28(2), omit “3A,”;

• (b) in the Local Government and Public Involvement in Health Act 2007, omit section 138;

• (c) in the Police Reform and Social Responsibility Act 2011, in Schedule 16, omit paragraph 243.

• (3) Schedule 22 makes provision for disapplying certain other requirements about consultation etc imposed on public bodies.

Legislative reform

Power to spell out dates described in legislation

104

• (1) A Minister of the Crown may by order made by statutory instrument—

• (a) replace a reference in legislation to the commencement of a provision with a reference to the actual date on which the provision comes into force;

• (b) replace a reference in legislation to the date on which any other event occurs with a reference to the actual date on which that event occurs.

• (2) An order under subsection (1) may amend the legislation to include an explanation of the date and may make other consequential amendments to legislation.

• (3) An order under this section may not amend subordinate legislation made by the Welsh Ministers or by the National Assembly for Wales constituted by the Government of Wales Act 1998.

• (4) An order under this section may not amend provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

• (5) An order under this section may not amend provision that would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, unless—

• (a) a Bill for an Act of that Assembly containing the provision would require the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998, and

• (b) the provision does not affect, other than incidentally, a transferred matter (within the meaning of that Act).

• (6) In this section—

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

• “legislation” means an Act or subordinate legislation;

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

Combining different forms of subordinate legislation

105

• (1) Any provision that may be made by order, regulations or rules made by statutory instrument may be made by any other of those forms of legislation made by statutory instrument.

• (2) Subsection (1) does not affect the procedure for making the instrument.

• (3) A reference in any enactment or other instrument to an order, regulations or rules under an enactment (however expressed) includes a reference to provision made under it because of subsection (1).

• (4) Subsection (1) does not apply in relation to any power of the Welsh Ministers to make provision by statutory instrument.

Ambulatory references to international shipping instruments

106

After section 306 of the Merchant Shipping Act 1995 insert—

(306A) (1) This section applies where— (a) a person has power under this Act to make subordinate legislation, and (b) the person proposes to exercise that power to make subordinate legislation which refers to an international instrument. (2) The power may be exercised so as to have the effect that the reference to the instrument is construed— (a) as a reference to the instrument as modified from time to time; (b) if the instrument is replaced by another instrument, as a reference to that other instrument. (3) For the purposes of subsection (2)(a), an instrument is modified if— (a) omissions, additions or other alterations to the text of the instrument take effect, or (b) supplementary provision made under the instrument takes effect. (4) In this section, provision included in subordinate legislation by virtue of subsection (2) is referred to as ambulatory provision. (5) Subordinate legislation which makes ambulatory provision may make provision as to— (a) when a modification of an international instrument is to be treated as taking effect for the purposes of subsection (2)(a) (read with subsection (3)); (b) when an international instrument is to be treated as having been replaced by another instrument for the purposes of subsection (2)(b). (6) In this section— (a) “international instrument” means an international convention or treaty or an instrument made under such a convention or treaty except that “international instrument” does not include an EU instrument; (b) “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Legislation no longer of practical use

Legislation no longer of practical use

107

Schedule 23 makes provision for legislation which is no longer of practical use to cease to apply.

Exercise of regulatory functions

Exercise of regulatory functions: economic growth

108

• (1) A person exercising a regulatory function to which this section applies must, in the exercise of the function, have regard to the desirability of promoting economic growth.

• (2) In performing the duty under subsection (1), the person must, in particular, consider the importance for the promotion of economic growth of exercising the regulatory function in a way which ensures that—

• (a) regulatory action is taken only when it is needed, and

• (b) any action taken is proportionate.

Functions to which section 108 applies

109

• (1) A Minister of the Crown may by order specify the regulatory functions to which section 108 applies.

• (2) Before making an order under subsection (1), the Minister must consult—

• (a) any person exercising functions to be specified in the order, and

• (b) such other persons as the Minister considers appropriate.

• (3) An order under this section may not specify—

• (a) a regulatory function so far as exercisable in Scotland, if or to the extent that the function relates to matters which are not reserved matters;

• (b) a regulatory function so far as exercisable in Northern Ireland, if or to the extent that the function relates to matters which are transferred matters;

• (c) a regulatory function so far as exercisable in Wales, if or to the extent that the function could be conferred by provision falling within the legislative competence of the National Assembly for Wales.

• (4) An order under this section must be made by statutory instrument.

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

• (6) In this section—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “reserved matter” and “Scotland” have the same meanings as in the Scotland Act 1998;

• “transferred matter” and “Northern Ireland” have the same meanings as in the Northern Ireland Act 1998;

• “Wales” has the same meaning as in the Government of Wales Act 2006.

Guidance on duty under section 108

110

• (1) A Minister of the Crown may from time to time issue guidance as to the performance of the duty under section 108(1).

• (2) The guidance may include guidance—

• (a) as to the ways in which regulatory functions may be exercised so as to promote economic growth;

• (b) as to how persons who have the duty may demonstrate, in a way that is transparent and accountable, that they are complying with it.

• (3) A person who has a duty under section 108(1) must have regard to any guidance issued under subsection (1).

• (4) Before issuing guidance under subsection (1), the Minister must prepare a draft of the guidance.

• (5) The Minister must then consult the following about the draft—

• (a) persons who appear to be representative of persons who have a duty under section 108;

• (b) such other persons as the Minister considers appropriate.

• (6) If the Minister decides to proceed with issuing the guidance (either in its original form or with modifications), the Minister must lay the draft before Parliament.

• (7) Where the draft is approved by a resolution of each House of Parliament, the Minister may issue the guidance.

• (8) Guidance issued under subsection (1) is to come into force on such date as the Minister may by order made by statutory instrument appoint.

Sections 108 to 110: interpretation

111

• (1) In sections 108 to 110, “regulatory function” means—

• (a) a function under or by virtue of an Act or subordinate legislation of imposing requirements, restrictions or conditions, or setting standards or giving guidance, in relation to an activity, or

• (b) a function which relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions, standards or guidance which, under or by virtue of an Act or subordinate legislation, relate to an activity.

• (2) In subsection (1)(a) and (b) the references to a function—

• (a) include a function exercisable by or on behalf of the Crown;

• (b) do not include—

• (i) a function of instituting or conducting criminal proceedings;

• (ii) a function of conducting civil proceedings.

• (3) In subsection (1)(a) and (b) the references to an activity include—

• (a) providing goods and services, and

• (b) employing or offering employment to a person.

• (4) In sections 109 and 110, “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

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

General

Consequential amendments, repeals and revocations

112

• (1) The Secretary of State may by order made by statutory instrument make such provision as the Secretary of State considers appropriate in consequence of this Act.

• (2) An order under subsection (1)—

• (a) may include transitional, transitory or saving provision;

• (b) may repeal, revoke or otherwise amend or modify any provision of primary or subordinate legislation (including legislation passed or made in the same Session as this Act).

• (3) A statutory instrument containing (whether alone or with other provision) an order under this section which repeals, revokes or otherwise amends or modifies any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (4) A statutory instrument containing an order under this section which does not repeal, revoke or otherwise amend or modify any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) In this section—

• “primary legislation” means—an Act;an Act of the Scottish Parliament;a Measure or Act of the National Assembly for Wales;Northern Ireland legislation;

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

Financial provision

113

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Extent

114

• (1) Except as provided by subsections (2) and (3), a repeal, revocation or other amendment or modification made by this Act has the same extent as the provision repealed, revoked or otherwise amended or modified.

• (2) Paragraphs 4, 31(b) and (c), 32(2), 32(3) so far as relating to paragraphs 9 and 68 of Schedule 13 to the Merchant Shipping Act 1995, 32(4) and (5) and 39 of Schedule 23 extend only to England and Wales and Northern Ireland.

• (3) Section 15, Parts 4 and 5 of Schedule 13 and paragraphs 5, 35, 36, 41, 42 and 45 of Schedule 23 extend only to England and Wales.

• (4) Sections 4, 5, 26(7) to (10), 33, 34, 41, 45, 64(1) and (2) and 75(6) to (9) extend only to England and Wales.

• (5) Section 75(10) to (13) extends only to Scotland.

• (6) Sections 77, 78, 85, 104, 105 and 108 to 113, this section and sections 115 and 116 extend to England and Wales, Scotland and Northern Ireland.

• (7) Her Majesty may by Order in Council provide for any of the provisions of section 78 to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.

Commencement

115

• (1) The following provisions come into force on the day on which this Act is passed—

• (a) sections 30 to 32;

• (b) section 42;

• (c) sections 46 and 47;

• (d) section 85;

• (e) sections 109, 110(1), (2) and (4) to (8) and 111;

• (f) sections 112 to 114, this section and section 116.

• (2) The following provisions also come into force on the day on which this Act is passed but only so far as is necessary for enabling the exercise on or after that day of any power to make provision by an order or regulations made by statutory instrument—

• (a) section 1;

• (b) section 53;

• (c) section 58 and Schedule 12;

• (d) sections 62 and 63;

• (e) Parts 1 and 4 of Schedule 1, Schedules 2, 4 and 8, Parts 2 and 6 of Schedule 10 and Schedule 21 (and the sections to which those Schedules relate).

• (3) The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

• (a) section 13 and Schedule 4 (so far as not already in force by virtue of subsection (2));

• (b) section 16;

• (c) section 27 to 29;

• (d) section 50 and Schedule 9;

• (e) sections 54 to 57;

• (f) sections 60 and 61;

• (g) section 64 and Schedule 14;

• (h) section 65 and Schedule 15;

• (i) section 79;

• (j) sections 83 and 84;

• (k) section 97 to 102;

• (l) section 103 and Schedule 22;

• (m) sections 104 to 106;

• (n) in Schedule 6, paragraph 5 and Parts 7 and 8;

• (o) in Schedule 10, Parts 1, 4 and 5;

• (p) in Schedule 11, Part 2;

• (q) in Schedule 13, Parts 1, 2 and 4;

• (r) Schedule 23 other than paragraphs 35, 36 and 41 of that Schedule.

• (4) Part 3 of Schedule 1 and, as respects Wales, paragraphs 35, 36 and 41 of Schedule 23 come into force on such day as the Welsh Ministers may by order made by statutory instrument appoint.

• (5) Where a provision of a Schedule comes into force in accordance with subsection (3)(n) to (r) or (4), the section to which that Schedule relates comes into force (so far as relating to that provision) at the same time.

• (6) The following provisions come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint—

• (a) sections 86 and 87;

• (b) section 88 and Schedule 19;

• (c) section 89 and Schedule 20.

• (7) Except as provided by subsections (1) to (6), the provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

• (8) The Welsh Ministers may by order made by statutory instrument make such transitional, transitory or saving provision as they consider appropriate in connection with the coming into force of Part 3 of Schedule 1 or, as respects Wales, paragraphs 35, 36 and 41 of Schedule 23.

• (9) The Secretary of State may by order made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act (other than transitional, transitory or saving provision that the Welsh Ministers have power to make under subsection (8)).

• (10) The Lord Chancellor may by order made by statutory instrument make such transitional, transitory or saving provision as the Lord Chancellor considers appropriate in connection with the coming into force of sections 86 to 89 and Schedules 19 and 20.

• (11) Any power to make an order under subsections (4) and (6) to (10) includes power to make different provision for different purposes.

Short title

116

This Act may be cited as the Deregulation Act 2015.

SCHEDULE 1

PART 1 — Main amendments

1

In Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeships, study and training), before Chapter 1 insert—

(A1) (1) This section applies for the purposes of this Chapter. (2) An approved English apprenticeship is an arrangement which— (a) takes place under an approved English apprenticeship agreement, or (b) is an alternative English apprenticeship, and, in either case, satisfies any conditions specified in regulations made by the Secretary of State. (3) An approved English apprenticeship agreement is an agreement which— (a) provides for a person (“the apprentice”) to work for another person for reward in a sector for which the Secretary of State has published an approved apprenticeship standard under section A2, (b) provides for the apprentice to receive training in order to assist the apprentice to achieve the approved apprenticeship standard in the work done under the agreement, and (c) satisfies any other conditions specified in regulations made by the Secretary of State. (4) An alternative English apprenticeship is an arrangement, under which a person works, which is of a kind described in regulations made by the Secretary of State. (5) Regulations under subsection (4) may, for example, describe arrangements which relate to cases where a person— (a) works otherwise than for another person; (b) works otherwise than for reward. (6) A person completes an approved English apprenticeship if the person achieves the approved apprenticeship standard while doing an approved English apprenticeship. (7) The “approved apprenticeship standard”, in relation to an approved English apprenticeship, means the standard which applies in relation to the work to be done under the apprenticeship (see section A2). (A2) (1) The Secretary of State must publish standards for such sectors of work as the Secretary of State thinks appropriate for the purposes of this Chapter. (2) Each standard must be— (a) prepared by the Secretary of State, or (b) prepared by another person and approved by the Secretary of State. (3) Each standard must— (a) describe the sector of work to which it relates, and (b) if there is more than one standard for that sector, describe the kind of work within that sector to which it relates. (4) Each standard must set out the outcomes that persons seeking to complete an approved English apprenticeship are expected to achieve. (5) The Secretary of State may— (a) publish a revised version of a standard, or (b) withdraw a standard (with or without publishing another in its place). (6) Revisions of a standard may be— (a) prepared by the Secretary of State, or (b) prepared by another person and approved by the Secretary of State. (A3) (1) The Secretary of State may issue a certificate (“an apprenticeship certificate”) to a person who applies for it if it appears to the Secretary of State that the person has completed an approved English apprenticeship. (2) The Secretary of State may by regulations make provision about— (a) the manner in which applications under subsection (1) must be made; (b) the supply by the Secretary of State of copies of apprenticeship certificates issued under that subsection to persons to whom they were issued. (3) The Secretary of State may charge a fee for issuing an apprenticeship certificate or supplying a copy only if, and to the extent that, the charging of the fee is authorised by regulations. (A4) (1) Any function of the Secretary of State under this Chapter may be carried out by a person designated by the Secretary of State. (2) Subsection (1) does not apply to any power of the Secretary of State to make regulations. (3) A person designated under this section must— (a) comply with directions given by the Secretary of State, and (b) have regard to guidance given by the Secretary of State. (4) A designation under this section may be revoked. (A5) (1) To the extent that it would otherwise be treated as being a contract of apprenticeship, an approved English apprenticeship agreement is to be treated as not being a contract of apprenticeship. (2) To the extent that it would not otherwise be treated as being a contract of service, an approved English apprenticeship agreement is to be treated as being a contract of service. (3) This section applies for the purposes of any enactment or rule of law. (A6) (1) If an agreement— (a) contains provision which satisfies the conditions mentioned in section A1(3)(a) to (c), but (b) also contains other provision which is inconsistent with those conditions, the other provision is to be treated as having no effect. (2) Before an agreement which satisfies the conditions mentioned in section A1(3)(a) to (c) is varied in such a way that it no longer satisfies one or more of those conditions, the person for whom the apprentice is working must give the apprentice a written notice. (3) The written notice must explain that, if the variation takes effect, the agreement will cease to be an approved English apprenticeship agreement. (4) If an agreement is varied in breach of the requirement under subsection (2), the variation has no effect. (A7) (1) Section A1(3) applies in relation to— (a) an agreement under which a person undertakes Crown employment, (b) an agreement under which a person undertakes service as a member of the naval, military or air forces of the Crown, and (c) an agreement under which a person undertakes employment as— (i) a relevant member of the House of Lords staff, or (ii) a relevant member of the House of Commons staff, as it applies in relation to any other agreement under which a person is to work for another (and this Chapter applies accordingly). (2) Subsection (1) is subject to subsection (3) and to any modifications which may be prescribed under subsection (5). (3) Section A5(2) does not apply in relation to an approved English apprenticeship agreement that is an agreement within paragraph (a), (b) or (c) of subsection (1). (4) Without prejudice to section 262(3), the power conferred by section A1(3)(c) may be exercised, in particular, to make provision in relation to an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other agreements under which a person is to work for another. (5) The Secretary of State may by regulations provide for any provision of this Chapter to apply with modifications in relation to— (a) an agreement within paragraph (a), (b) or (c) of subsection (1), or (b) a person working, or proposing to work, under such an agreement. (6) In subsection (1)— - “Crown employment” means employment under or for the purposes of a government department or an officer or body exercising on behalf of the Crown functions conferred by a statutory provision (but does not include service as a member of the naval, military or air forces of the Crown); - “relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996; - “relevant member of the House of Lords staff” has the meaning given by section 194(6) of that Act.

2

• (1) Section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 (provision of financial resources) is amended as follows.

• (2) In subsection (1), after “financial resources” insert “ under this subsection ”.

• (3) After subsection (1) insert—

(1A) The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1))— (a) for the purpose of encouraging the provision of opportunities for individuals to complete approved English apprenticeships or to undertake work following the completion of such apprenticeships, or (b) otherwise in connection with approved English apprenticeships.

• (4) In subsection (3), after “subsection (1)” insert “ or (1A) ”.

• (5) In subsection (4), after “subsection (1)(c)” insert “ or (1A) ”.

3

• (1) Section 101 of that Act (financial resources: conditions) is amended as follows.

• (2) In subsection (2)—

• (a) after “may” insert “ (among other things) ”;

• (b) omit paragraph (b).

• (3) Omit subsections (4) and (5).

4

In section 103 of that Act (means tests), in subsection (1) (as amended by paragraph 16 of Schedule 14), after “section 100(1)(c), (d) or (e)” insert “ or (1A) ”.

PART 2 — Consequential amendments

5

In consequence of the amendments made by Part 1 of this Schedule, the Apprenticeships, Skills, Children and Learning Act 2009 is further amended as follows.

Amendments of Part 1

6

For the title of Chapter 1, substitute “ Apprenticeships: Wales ”.

7

Omit section 1, and the italic cross-heading before it.

8

Omit sections 3 to 6, and the italic cross-heading before them.

9

In section 11—

• (a) in subsection (2), for “the appropriate national authority” substitute “ the Welsh Ministers ”;

• (b) omit subsection (3);

• (c) in the italic cross-heading before that section, omit “England and”.

10

In section 12—

• (a) omit subsection (3);

• (b) in the italic cross-heading before that section, omit “England and”.

11

Omit sections 13 to 17, and the italic cross-heading before them.

12

Omit sections 23 to 27, and the italic cross-heading before them.

13

In the italic cross-heading before section 32, omit “England and”.

14

In section 32, omit subsection (6)(a), and the “or” following it.

15

In section 38—

• (a) in subsection (1), for “The Secretary of State” substitute “ The Welsh Ministers ”;

• (b) in subsection (2), for “the Secretary of State” substitute “ the Welsh Ministers ”.

16

In section 39, in subsection (1)—

• (a) in the definition of “apprenticeship certificate”, omit “3, 4,”;

• (b) omit the definitions of “English certifying authority”, “English issuing authority”, “recognised English framework” and “the specification of apprenticeship standards for England”.

Other amendments of the 2009 Act

17

In section 83, in subsection (5), for paragraphs (a) to (c) substitute—

(a) an approved English apprenticeship, or (b) any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.

18

In section 83A—

• (a) in subsection (3), for the words from “opportunity to” to the end of the subsection substitute “ opportunity to enter into an approved English apprenticeship. ”;

• (b) omit subsection (11).

19

• (1) Section 83B is amended as follows.

• (2) In subsection (1), for the words from “at a particular level” to the end of the subsection substitute “for the purpose of assisting a person to achieve a particular approved apprenticeship standard if the person—

• (a) has already completed an approved English apprenticeship by achieving that standard,

• (b) has already completed an approved English apprenticeship by achieving another standard and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work), or

• (c) has worked under another arrangement and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work).”

• (3) After that subsection insert—

(1A) Section A1(6) and (7) (which make provision about when a person completes an approved English apprenticeship and about the meaning of “approved apprenticeship standard”) apply for the purposes of subsection (1).

• (4) Omit subsections (2) to (5).

20

In section 90, in subsection (2), for paragraphs (a) and (b) substitute—

(a) an approved English apprenticeship, or (b) any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.

21

Omit section 105.

22

In section 121, in subsection (1)—

• (a) omit the definition of “apprenticeship agreement”;

• (b) after the definition of “apprenticeship training” insert—

“approved English apprenticeship” has the meaning given by section A1(2);

.

23

In section 267, in subsection (2), for “Chapter 1” substitute “ Chapter A1 ”.

PART 3 — Apprenticeships: Wales

24

Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.

25

• (1) Section 18 (Welsh issuing authority) is amended as follows.

• (2) For subsection (2) substitute—

(2) The power to designate conferred by this section may not be exercised in such a way that there is at any time more than one person designated to issue apprenticeship frameworks relating to a particular apprenticeship sector.

• (3) For subsection (5) substitute—

(5) In this Chapter, the “Welsh issuing authority”, in relation to an apprenticeship framework, means— (a) the person (if any) designated under this section to issue frameworks of that description; (b) if there is no-one so designated, the Welsh Ministers.

26

In section 19 (issue: Wales), in subsection (2)—

• (a) after “withdrawn” insert “ by the Welsh issuing authority ”;

• (b) omit paragraphs (a) and (b).

27

• (1) Section 20 (recognised Welsh frameworks: notification and publication) is amended as follows.

• (2) In subsection (1)(b), at the beginning insert “ if the issuing authority is not the Welsh Ministers, ”.

• (3) In subsection (3)—

• (a) for “A person who” substitute “ A Welsh issuing authority which ”;

• (b) in paragraph (b), for “in the case of withdrawal otherwise than by the Welsh Ministers,” substitute “ in the case where the issuing authority are not the Welsh Ministers, ”.

PART 4 — Transitional provision

28

The provision that may be included in an order under section 115(9) in connection with the coming into force of paragraph 1 of this Schedule includes provision—

• (a) for work done by a person under an arrangement described in the order to be treated as work done under an approved English apprenticeship within the meaning of the Apprenticeships, Skills, Children and Learning Act 2009, where the person begins to work under the arrangement before the paragraph comes into force and continues to do so (for any period) afterwards;

• (b) for a standard published by the Secretary of State before the paragraph comes into force, in connection with work that by virtue of provision made under paragraph (a) is treated as work done under an approved English apprenticeship, to be treated as if it were an approved apprenticeship standard published under section A2 of the 2009 Act in relation to the approved English apprenticeship.

SCHEDULE 2

PART 1 — Amendments of Part 5 RTA 1988 (as amended by RSA 2006)

1

Part 5 of the Road Traffic Act 1988 (driving instruction), as amended by Schedule 6 to the Road Safety Act 2006, is amended as follows.

2

In section 124 (exemption from prohibitions imposed by section 123)—

• (a) in subsection (3), for “in particular, consist of” substitute

in particular— (a) include the circumstance that a person holds a current emergency control certificate (and require the person to undergo an emergency control assessment for the purpose of obtaining such a certificate); (b) consist of

;

• (b) after subsection (5) insert—

(6) In this Part “emergency control assessment” and “emergency control certificate” mean an assessment and a certificate under section 133A of this Act.

3

• (1) Section 125 (register) is amended as follows.

• (2) After subsection (3) insert—

(3A) If an applicant is aware that he is suffering from a relevant or prospective disability, his application under subsection (2) must be accompanied by written notification of the nature and extent of his disability. (3B) Any person who fails without reasonable excuse to comply with the requirement imposed by subsection (3A) is guilty of an offence. (3C) The Registrar may, in the circumstances mentioned in subsection (3D), require an applicant to submit himself for an emergency control assessment (whether or not the applicant already holds an emergency control certificate) in connection with his application under subsection (2). (3D) Those circumstances are that the Registrar has reasonable grounds for believing that the person would be unable to take control of a motor vehicle of the class in which instruction is to be given if an emergency arose while he was giving driving instruction in such a motor vehicle.

• (3) After subsection (5) insert—

(5A) In this Part “disability”, in respect of motor vehicles of any description, means a want of physical ability affecting the driving of motor vehicles of that description; and (a) “relevant disability”, in relation to a person, means any prescribed disability or any other disability likely to cause the driving of a vehicle of the description in question by him to be a source of danger to the public; (b) “prospective disability”, in relation to a person, means any other disability which, at the material time, is not of such a kind that it is a relevant disability but, by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in the course of time.

• (4) Omit subsection (6).

4

• (1) Section 125ZA (conditions of registration) is amended as follows.

• (2) In subsection (2)—

• (a) omit the “and” at the end of paragraph (b);

• (b) after paragraph (c) insert

, and (d) in the case of persons who have been required under section 125(3C) to submit themselves for emergency control assessments, conditions requiring the persons to hold current emergency control certificates.

• (3) In subsection (4)—

• (a) after paragraph (b) insert—

(ba) conditions requiring the persons, if at any time required to do so by the Registrar in the circumstances mentioned in section 125(3D), to submit themselves for emergency control assessments (whether or not they already hold emergency control certificates) on such days (within such periods as may be prescribed) and at such places as may be specified by the Registrar, (bb) conditions requiring the persons to hold an emergency control certificate following any such assessment,

;

• (b) in paragraph (c), for “and (c)” substitute “ , (c) and (d) ”;

• (c) omit the “and” at the end of paragraph (c);

• (d) after paragraph (c) insert—

(ca) conditions requiring that, if instruction in the driving of a motor vehicle is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the vehicle, the persons will only give such instruction if they would be able to take control of the vehicle if such an emergency arose while giving the instruction, and

.

5

Omit sections 125A and 125B (registration of disabled persons and supplementary provision).

6

In section 126 (duration of registration), omit subsection (5).

7

In section 127 (extension of duration of registration), in subsection (4)—

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

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

8

In section 128 (termination of registration by Registrar), in subsection (2)—

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

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

9

After section 128A insert—

(128B) (1) This section applies where a person has been required under section 125(3C), or as mentioned in section 125ZA(4)(ba), to submit himself for an emergency control assessment. (2) At any time before the assessment takes place the Registrar may withdraw the requirement (in which case this Part applies as if the requirement had never been imposed). (3) At any time after the assessment takes place the Registrar may direct that the requirement is to be disregarded for the purposes of this Part (and accordingly any condition that the person holds an emergency certificate is to cease to apply). (4) Notice of— (a) the withdrawal of a requirement under subsection (2), or (b) a direction under subsection (3), must be given to the person on whom the requirement was imposed.

10

In section 133 (review of examinations etc)—

• (a) in subsection (2)(a), omit “or 125A(6)(a)”;

• (b) in subsection (2)(b), omit “or 125A(7A)(a)”.

11

• (1) Section 133A (assessment of ability to control a motor car in an emergency) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”;

• (b) in paragraph (b), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”;

• (c) in the closing words, for “an appropriate” substitute “ a ”.

• (3) In subsection (6)—

• (a) in paragraph (a), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”;

• (b) in paragraph (b), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”.

• (4) In subsection (7)(a), omit “covered by his disabled person's limited driving licence”.

• (5) After subsection (9) insert—

(10) In this Part, “modifications”, in relation to a motor vehicle, includes equipment.

• (6) In the heading, omit “disabled person's”.

• (7) In the italic cross-heading before section 133A omit “Disabled Persons:”.

12

• (1) Section 133B (further assessments) is amended as follows.

• (2) Omit subsection (1).

• (3) After subsection (2) insert—

(2A) A person may, for the purpose of obtaining an emergency control certificate, apply to undergo a further emergency control assessment if— (a) he has been required to submit himself for an emergency control assessment under section 125(3C) or as mentioned in section 125ZA(4)(ba), (b) on completing that assessment, the assessor refused to grant him an emergency control certificate, and (c) the application for the further assessment is made in such circumstances as may be prescribed.

• (4) Omit subsection (3).

• (5) In subsection (4), for “subsection (1) above” substitute “ subsection (5A) ”.

• (6) After subsection (5) insert—

(5A) A person may not apply to undergo a further emergency control assessment under subsection (4) until after the end of— (a) the period of six months beginning with the date of his most recent previous assessment, or (b) such other period as may be prescribed by regulations, unless the Registrar considers it appropriate for the application to be made at such earlier time as may be specified by the Registrar.

13

In section 133C (duty to disclose further disability), in subsection (2)—

• (a) in the opening words, omit “disabled”;

• (b) in paragraph (a), for “125A(3)” substitute “ 125(3A) ”.

14

• (1) Section 133D (offences relating to giving of paid driving instruction) is amended as follows.

• (2) Before subsection (2) insert—

(1A) This section applies to registered instructors who have undergone emergency control assessments in accordance with a requirement imposed under section 125(3C) or as mentioned in section 125ZA(4)(ba).

• (3) In subsections (2) and (3), for “registered disabled instructor” substitute “ registered instructor to whom this section applies ”.

• (4) After subsection (3) insert—

(3A) Subsection (3) does not apply if the person to whom the instruction is given holds a full licence granted under Part 3 which is not limited by virtue of a notice served under section 92(5)(b).

• (5) In subsection (4), in the opening words, for “registered disabled instructor” substitute “ registered instructor to whom this section applies ”.

• (6) In the heading, omit “by disabled person”.

15

In section 142 (index to Part 5), in the index—

• (a) omit the following expressions and the corresponding relevant provisions—

• “Appropriate motor vehicle”;

• “Disabled person's limited driving licence”;

• “Registered disabled instructor”;

• (b) in the entry for the expressions “disability, prospective disability and relevant disability”, in the corresponding relevant provision, for “125A(8)” substitute “ 125(5A) ”;

• (c) in the entry for the expressions “emergency control assessment and emergency control certificate”, in the corresponding relevant provision, for “125A(8)” substitute “ 124(6) ”;

• (d) in the entry for the expression “modifications, in relation to a motor vehicle”, in the corresponding relevant provision, for “125A(8)” substitute “ 133A(10) ”.

PART 2 — Transitory amendments of Part 5 RTA 1988 (before amendment by RSA 2006)

16

Until the commencement of Schedule 6 to the Road Safety Act 2006, Part 5 of the Road Traffic Act 1988 (driving instruction) has effect as if it were amended as follows.

17

• (1) Section 125 (the register of approved instructors) has effect as if it were amended as follows.

• (2) After subsection (2) insert—

(2A) If an applicant is aware that he is suffering from a relevant or prospective disability, his application under subsection (2) must be accompanied by written notification of the nature and extent of his disability. (2B) Any person who fails without reasonable excuse to comply with the requirement imposed by subsection (2A) is guilty of an offence. (2C) The Registrar may, in the circumstances mentioned in subsection (2D), require an applicant to submit himself for an emergency control assessment (whether or not the applicant already holds an emergency control certificate) in connection with his application under subsection (2). (2D) Those circumstances are that the Registrar has reasonable grounds for believing that the person would be unable to take control of a motor car of a prescribed class if an emergency arose while he was giving driving instruction in such a motor car.

• (3) In subsection (3)—

• (a) omit the “and” at the end of paragraph (d);

• (b) after paragraph (d) insert—

(da) in the case of an applicant who has been required under subsection (2C) to submit himself for an emergency control assessment, he holds a current emergency control certificate, and

.

• (4) In subsection (5), for the words from “condition” to the end substitute

following conditions— (a) that, so long as his name is on the register, the person will, if at any time required to do so by the Registrar, submit himself for— (i) such test of continued ability and fitness to give instruction in the driving of motor cars (which may consist of practical and other means of assessment) as may be prescribed; (ii) an emergency control assessment (whether or not the person already holds an emergency control certificate) on the day (within such period as may be prescribed) and at the place specified by the Registrar; and (b) that, so long as his name is on the register, if instruction in the driving of a motor car is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the motor car, the person will only give such instruction if he would be able to take control of the motor car if such an emergency arose while he was giving the instruction.

• (5) After subsection (5) insert—

(5A) The Registrar may impose a requirement as mentioned in subsection (5)(a)(ii) only in the circumstances mentioned in subsection (2D).

• (6) After subsection (7) insert—

(7A) A person shall be exempt from the condition mentioned in subsection (3)(da) if— (a) the Secretary of State is satisfied that satisfactory provision is made by the law of Northern Ireland for purposes corresponding to section 133A, and (b) the person satisfies the Registrar that he holds a current certificate granted under that law which corresponds to an emergency control certificate granted under section 133A.

• (7) After subsection (8) insert—

(8A) Subsection (8B) applies if— (a) a person undergoes an emergency control assessment in accordance with a requirement imposed under subsection (2C) or as mentioned in subsection (5)(a)(ii), (b) the assessor refuses to grant the applicant an emergency control certificate, and (c) as a result the person is not registered, or the person's name is removed from the register (as the case may be). (8B) The person may not make a further application for registration before the end of— (a) the period of 6 months beginning with the date of the emergency control assessment mentioned in subsection (8A)(a), or (b) such other period as may be prescribed, unless the Registrar is satisfied that there is good reason for permitting such an application before the end of that period.

• (8) Omit subsection (9).

• (9) In subsection (10), for the words after “In this Part of this Act” substitute

— Community licence” has the same meaning as in Part 3 of this Act; “disability” means a want of physical ability affecting the driving of motor cars; and (a) “relevant disability”, in relation to a person, means any prescribed disability or any other disability likely to cause the driving of a motor car by him to be a source of danger to the public; (b) “prospective disability”, in relation to a person, means any other disability which, at the material time, is not of such a kind that it is a relevant disability but, by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in the course of time; “emergency control assessment” and “emergency control certificate” mean an assessment and a certificate under section 133A.

18

Part 5 has effect as if sections 125A and 125B (registration of disabled persons and supplementary provision) were omitted.

19

Section 126 (duration of registration) has effect as if subsection (4) were omitted.

20

• (1) Section 127 (extension of duration of registration) has effect as if it were amended as follows.

• (2) In subsection (3)—

• (a) in the opening words, omit “Except in the case of a registered disabled instructor,”;

• (b) in paragraph (a), for “such test as is mentioned in section 125(5)” substitute “ such test or assessment as is mentioned in section 125(5)(a)(i) or (ii) ”;

• (c) omit the “and” at the end of paragraph (d);

• (d) after paragraph (d) insert—

(da) that, in the case of a person who— (i) when he applied to be registered, was required under section 125(2C) to submit himself for an emergency control assessment, or (ii) at any time during the period mentioned in paragraph (a) was required as mentioned in section 125(5)(a)(ii) to submit himself for such an assessment, he holds a current emergency control certificate, and

.

• (3) Omit subsection (3A).

• (4) In subsection (4)—

• (a) in paragraph (a), omit “in the case of its retention by virtue of subsection (3) above,”;

• (b) in paragraph (a), for “condition” substitute “ conditions ”;

• (c) omit the “and” at the end of paragraph (a);

• (d) omit paragraph (b).

21

• (1) Section 128 (removal of names from register) has effect as if it were amended as follows.

• (2) In subsection (2)—

• (a) in the opening words, omit “Except in the case of a registered disabled instructor,”;

• (b) in paragraph (c), for “test such as is mentioned in section 125(5)” substitute “ test or assessment such as is mentioned in section 125(5)(a)(i) or (ii) ”;

• (c) after paragraph (d) insert—

(da) that an assessor refused to grant him an emergency control certificate on completing an emergency control assessment of him following a requirement imposed as mentioned in section 125(5)(a)(ii), (db) that he gave instruction in the driving of a motor car in breach of the condition in section 125(5)(b) (ability to take control of motor car in an emergency),

.

• (3) Omit subsection (2A).

• (4) In subsection (8)(b), for “(5)” substitute “ (5)(a)(i) ”.

• (5) Omit subsection (9).

22

• (1) Section 129 (licences for giving instruction so as to obtain practical experience) has effect as if it were amended as follows.

• (2) In subsection (1), for the words from “either” to the end substitute “ such part of the examination referred to in section 125(3)(a) as consists of a practical test of ability and fitness to instruct ”.

• (3) After subsection (1) insert—

(1A) An application for a licence to give paid instruction in the driving of a motor car must be made to the Registrar, in the manner determined by the Secretary of State, accompanied by particulars so determined. (1B) The Registrar may, in the circumstances mentioned in subsection (1C), require the applicant to submit himself for an emergency control assessment in connection with the application. (1C) Those circumstances are that the Registrar has reasonable grounds for believing that the person in question would be unable to take control of a motor car of a prescribed class if an emergency arose while he was giving driving instruction in such a motor car.

• (4) For subsection (2) substitute—

(2) Where a person duly applies for a licence, the Registrar must, on payment of such fee, if any, as may be prescribed, grant to the applicant a licence to give paid instruction in the driving of a motor car if the Registrar is satisfied— (a) that the applicant has passed the other parts of the examination referred to in subsection (1), (b) that the conditions set out in section 125(3)(b), (c), (d) and (e) are fulfilled in the applicant's case, and (c) in the case of an applicant who has been required under subsection (1B) to submit himself for an emergency control assessment, he holds a current emergency control certificate.

• (5) In subsection (5), omit “, subject to subsection (5A) below,”.

• (6) After subsection (5) insert—

(5ZA) Those conditions may (in particular) include— (a) a condition requiring the person to whom the licence was granted, if required to do so by the Registrar at any time when the circumstances mentioned in subsection (1C) apply, to submit himself for an emergency control assessment (whether or not the person already holds an emergency control certificate) on such day (within such period as may be prescribed) and at such place as may be specified by the Registrar; (b) a condition requiring that, if instruction in the driving of a motor car is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the car, the person will only give such instruction if he would be able to take control of the car if such an emergency arose while giving the instruction.

• (7) Omit subsections (5A) and (5B).

23

• (1) Section 130 (revocation of licence) has effect as if it were amended as follows.

• (2) In subsection (2)—

• (a) in the opening words omit “Except in the case of a licence granted by virtue of subsection (2)(b) of section 129 of this Act,”;

• (b) omit the “or” at the end of paragraphs (a) and (b);

• (c) after paragraph (b) insert—

(ba) that an assessor refused to grant him an emergency control certificate on completing an emergency control assessment of him following a requirement imposed as mentioned in section 129(5ZA)(a), or

.

• (3) Omit subsection (2A).

24

• (1) Section 133A (assessment of ability to control a motor car in an emergency) has effect as if it were amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”;

• (b) in paragraph (b), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”;

• (c) in the closing words, for “an appropriate” substitute “ a ”.

• (3) In subsection (6)—

• (a) in paragraph (a), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”;

• (b) in paragraph (b), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”.

• (4) In subsection (7)(a), omit “covered by his disabled person's limited driving licence”.

• (5) After subsection (9) insert—

(10) In this Part, “modifications”, in relation to a motor car, includes equipment.

• (6) In the heading, omit “disabled person's”.

• (7) In the italic cross-heading before section 133A omit “Disabled Persons:”.

25

• (1) Section 133B (further assessments) has effect as if it were amended as follows.

• (2) Omit subsection (1).

• (3) After subsection (2) insert—

(2A) A person may, for the purpose of obtaining an emergency control certificate, apply to undergo a further emergency control assessment if— (a) he has been required to submit himself for an emergency control assessment— (i) under section 125(2C) or 129(1B), or (ii) as mentioned in section 125(5)(a)(ii) or 129(5ZA), (b) on completing that assessment, the assessor refused to grant him an emergency control certificate, and (c) the application for the further assessment is made in such circumstances as may be prescribed.

• (4) Omit subsection (3).

• (5) In subsection (4), for “subsection (1) above” substitute “ subsection (5A) ”.

• (6) After subsection (5) insert—

(5A) A person may not apply to undergo a further emergency control assessment under subsection (4) until after the end of— (a) the period of six months beginning with the date of his most recent previous assessment, or (b) such other period as may be prescribed by regulations, unless the Registrar considers it appropriate for the application to be made at such earlier time as may be specified by the Registrar.

26

• (1) Section 133C (duty to disclose further disability) has effect as if it were amended as follows.

• (2) In subsection (1)—

• (a) for paragraph (a) substitute—

(a) persons whose names are in the register, and

;

• (b) in paragraph (b), omit “granted by virtue of subsection (2)(b) of that section”.

• (3) In subsection (2)(a), for “125A(3)” substitute “ 125(2A), 129(1A) ”.

27

• (1) Section 133D (offences relating to giving by disabled person of paid driving instruction) has effect as if it were amended as follows.

• (2) For subsection (1) substitute—

(1) This section applies to— (a) persons whose names are in the register, and (b) persons who hold licences under section 129 of this Act, who have undergone emergency control assessments in accordance with a requirement imposed under section 125(2C) or 129(1B) or as mentioned in section 125(5)(a)(ii) or 129(5ZA)(a).

• (3) After subsection (3) insert—

(3A) Subsection (3) does not apply if the person to whom the instruction is given holds a full licence granted under Part 3 which is not limited by virtue of a notice served under section 92(5)(b).

• (4) In the heading, omit “by disabled person”.

28

Part 5 has effect as if after section 133D there were inserted—

(133E) (1) This section applies where a person has been required— (a) under section 125(2C) or 129(1B), or (b) as mentioned in section 125(5)(a)(ii) or 129(5ZA), to submit himself for an emergency control assessment. (2) At any time before the assessment takes place the Registrar may withdraw the requirement (in which case this Part applies as if the requirement had never been imposed). (3) At any time after the assessment takes place the Registrar may direct that the requirement is to be disregarded for the purposes of this Part (and accordingly any condition that the person holds an emergency certificate is to cease to apply). (4) Notice of— (a) the withdrawal of a requirement under subsection (2), or (b) a direction under subsection (3), must be given to the person on whom the requirement was imposed.

29

• (1) Section 142 (index to Part 5) has effect as if the index were amended as follows.

• (2) Omit the following expressions and the corresponding relevant provisions—

• “Appropriate motor car”;

• “Disabled person's limited driving licence”;

• “Registered disabled instructor”.

• (3) In the entry for the expressions “disability, prospective disability and relevant disability”, in the corresponding relevant provision, for “125A(8)” substitute “ 125(10) ”.

• (4) In the entry for the expressions “emergency control assessment and emergency control certificate”, in the corresponding relevant provision, for “125A(8)” substitute “ 125(10) ”.

PART 3 — Consequential and related amendments

Road Traffic (Driving Instruction by Disabled Persons) Act 1993

30

• (1) The Road Traffic (Driving Instruction by Disabled Persons) Act 1993 is amended as follows.

• (2) Omit section 1 (registration of disabled persons as driving instructors).

• (3) In section 2 (licences allowing disabled persons to give instruction so as to obtain practical experience), omit subsection (4).

• (4) In the Schedule (related and consequential amendments)—

• (a) omit paragraph 5(4);

• (b) omit paragraph 6(4) and (5);

• (c) omit paragraph 7(4).

Road Traffic Offenders Act 1988

31

• (1) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts), as amended by Schedule 6 to the Road Safety Act 2006, is amended as follows.

• (2) In the entry for section 125A(4) of the Road Traffic Act 1988—

• (a) for “125A(4)” substitute “ 125(3B) ”;

• (b) in the second column, for “for registration as disabled driving instructor” substitute “ to be registered in respect of driving instruction ”;

• (c) in the second column, omit “onset of, or deterioration in,”.

• (3) In the entry for section 133C(4) of the Road Traffic Act 1988, in the second column, omit “disabled”.

• (4) In the entry for section 133D of the Road Traffic Act 1988, in the second column, for “disabled persons” substitute “ persons required to hold emergency control certificates ”.

32

• (1) Until the commencement of Schedule 6 to the Road Safety Act 2006, Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts) has effect as if it were amended as follows.

• (2) In the entry for section 125A(4) of the Road Traffic Act 1988—

• (a) for “125A(4)” substitute “ 125(2B) ”;

• (b) in the second column, for “for registration as disabled driving instructor” substitute “ to be registered in respect of driving instruction ”;

• (c) in the second column, omit “onset of, or deterioration in,”.

• (3) In the entry for section 133C(4) of the Road Traffic Act 1988, in the second column, omit “disabled”.

• (4) In the entry for section 133D of the Road Traffic Act 1988, in the second column, for “disabled persons” substitute “ persons required to hold emergency control certificates ”.

Road Safety Act 2006

33

In Schedule 6 to the Road Safety Act 2006, omit paragraphs 6 and 7.

SCHEDULE 3

1

The Road Traffic Act 1988 is amended as follows.

2

In section 147 (issue and surrender of certificates of insurance and of security”)—

• (a) in subsection (1A), for the words from “this Part of this Act” to “subsection (1) above” substitute “ subsection (1) as having been delivered ”;

• (b) in the heading, omit “and surrender”.

3