Deregulation Act 2015

SCHEDULE 14A (1) (1) Where an order is made by an authority in accordance with a direction given under paragraph 8(3)(b) of Schedule 13A, or by the Secretary of State under paragraph 8(3)(c) of that Schedule, the Secretary of State must confirm the order. (2) The order takes effect when it is confirmed by the Secretary of State. (2) Part 2 of this Schedule applies to orders other than those which are made in accordance with a direction given under paragraph 8(3)(b) of Schedule 13A or by the Secretary of State under paragraph 8(3)(c) of that Schedule. (3) Before making an order, the authority must consult with every local authority whose area includes the land to which the order relates. (4) (1) A modification consent order does not take effect until confirmed by the authority under paragraph 9. (2) Any other order does not take effect until confirmed either by the authority or the Secretary of State under paragraph 10 or by the Secretary of State under paragraph 13. (5) (1) On making an order, the authority must give notice in the prescribed form— (a) describing the general effect of the order and stating that it has been made and requires confirmation; (b) naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge, and copies may be obtained at a reasonable charge, at all reasonable hours; and (c) specifying the time (not being less than 42 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order, which must include particulars of the grounds relied on, may be made. (2) Subject to sub-paragraph (4), the notice to be given under sub-paragraph (1) must be given— (a) by publication on a website maintained by the authority and on such other websites or through the use of such other digital communications media as the authority may consider appropriate; (b) by serving a like notice on— (i) every owner and occupier of any of that land; (ii) every local authority whose area includes any of that land; (iii) every person on whom notice is required to be served in pursuance of sub-paragraph (3); and (iv) such other persons as may be prescribed in relation to the area in which that land is situated or as the authority may consider appropriate; and (c) by causing a copy of the notice to be displayed in a prominent position— (i) at the ends of so much of any way as is affected by the order; (ii) at council offices in the locality of the land to which the order relates; and (iii) at such other places as the authority may consider appropriate. (3) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give the person notice of all such orders as— (a) are made by the authority during a period specified in the requirement; (b) are of a description so specified; and (c) relate to land comprised in an area so specified. (4) In the case of a modification consent order, the authority may decide that it is not necessary to comply with sub-paragraph (2)(b)(i) and, in any other case, the Secretary of State may give a direction that it is not necessary to comply with it. But, if such a decision is made or such a direction is given in the case of any land, then in addition to publication the notice must be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice must be affixed to some conspicuous object or objects on the land. (5) Sub-paragraph (2)(b) and (c) and, where applicable, sub-paragraph (4) must be complied with not less than 42 days before the expiration of the time specified in the notice. (6) A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, must be accompanied by a copy of so much of the order as relates to that land or, as the case may be, the area of that authority; and a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate must be accompanied by a copy of the order. (7) A notice required to be displayed by sub-paragraph (2)(c) at the ends of so much of any way as is affected by the order must be accompanied by a plan showing the general effect of the order so far as it relates to that way. (8) At any time after the publication of a notice under this paragraph, and before the expiration of the period specified in the notice for the making of representations and objections, any person may require the authority to inform the person what documents (if any) were taken into account in preparing the order and— (a) as respects any such documents in the possession of the authority, to permit the person to inspect them and take copies; and (b) as respects any such documents not in their possession, to give the person any information the authority have as to where the documents can be inspected; and the authority must comply with a requirement under this sub-paragraph within 14 days of the making of the requirement. (9) Nothing in sub-paragraph (1)(c) or (8) is to be construed as limiting the grounds which may be relied on or the documentary or other evidence which may be adduced at any local inquiry or hearing held under paragraph 13(1)(a) or (c) or 14(3)(a) or (c) or included in representations made under paragraph 13(1)(b) or 14(3)(b). (6) (1) If representations or objections have been duly made about an order to an authority (and not withdrawn) but the authority consider that none of them are relevant, the authority may proceed under this Schedule as if no representations or objections had been duly made (and the following provisions of this Schedule apply accordingly). (2) For the purposes of this paragraph, a representation or objection is relevant if, were the order to be submitted to the Secretary of State under paragraph 11, it would be relevant in determining whether or not to confirm the order (either with or without modifications). (3) In deciding whether to exercise their power under sub-paragraph (1), an authority must have regard to any guidance given by the Secretary of State. (4) Where the authority decide to exercise that power, the authority must inform the applicant, and any person who made a representation or objection (and has not withdrawn it), of their decision and the reasons for it. (5) Nothing in this paragraph applies to a modification consent order. (7) (1) Where at any time representations or objections duly made and not withdrawn relate to some but not all of the modifications made by an order, the authority may, by notice given to the Secretary of State, elect that, for the purposes of the following provisions of this Schedule, the order is to have effect as two separate orders— (a) the one comprising the modifications to which the representations or objections relate; and (b) the other comprising the remaining modifications. (2) Any reference in sub-paragraph (1) to an order includes a reference to any part of an order which, by virtue of one or more previous elections under that sub-paragraph, has effect as a separate order. (3) Nothing in this paragraph applies to a modification consent order. (8) (1) If representations or objections have been duly made about an order to an authority (and not withdrawn) but the authority consider that not all of the representations or objections are relevant, the authority may elect that the order is to have effect as two separate orders— (a) the one comprising the modifications to which the relevant representations or objections relate; (b) the other, comprising the remaining modifications, which is to be treated as if no representations or objections had been duly made; and the following provisions of this Schedule apply accordingly. (2) For the purposes of this paragraph, a representation or objection is relevant if, were the order to be submitted to the Secretary of State under paragraph 11, it would be relevant in determining whether or not to confirm the order (either with or without modifications). (3) In deciding whether to exercise their power under sub-paragraph (1), an authority must have regard to any guidance given by the Secretary of State. (4) Where the authority decide to exercise such a power, the authority must inform the applicant, and any person who made a representation or objection (and has not withdrawn it), of their decision and the reasons for it. (5) Nothing in this paragraph applies to a modification consent order. (9) (1) The authority may (whether or not any representations or objections are made) confirm a modification consent order— (a) without modifications; or (b) with modifications, if every owner of the land to which the order relates so consents. (2) Nothing in paragraphs 10 to 16 applies to a modification consent order. (10) (1) If no representations or objections are duly made, or if any so made are withdrawn, the authority may— (a) confirm the order without modification; or (b) if they require any modification to be made, submit the order to the Secretary of State for confirmation by him or her. (2) Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State may confirm the order with or without modifications. (11) If any representation or objection duly made to an order is not withdrawn the authority must submit the order to the Secretary of State for confirmation by him or her. (12) (1) Where an order is submitted by an authority to the Secretary of State and the representations or objections relate to some but not all of the modifications made by the order, the Secretary of State may, by notice given to the authority, elect that the order is to have effect as two separate orders— (a) the one comprising the modifications to which the representations or objections relate (“the opposed order”); and (b) the other comprising the remaining modifications. (2) Where notice is given under sub-paragraph (1), paragraph 10 and the following provisions of this Schedule apply as if only the opposed order had been submitted to the Secretary of State for confirmation. (3) Any reference in sub-paragraph (1) to an order includes a reference to any part of an order which, by virtue of one or more previous elections under that sub-paragraph, has effect as a separate order. (13) (1) Where an order is submitted to the Secretary of State under paragraph 11, the Secretary of State must, subject to sub-paragraph (2), either— (a) cause a local inquiry to be held; (b) afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity to make representations (or further representations) to a person appointed by the Secretary of State for the purpose; or (c) afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity to be heard by a person appointed by the Secretary of State for the purpose. (2) The Secretary of State may, but need not, act as mentioned in sub-paragraph (1) if, in the Secretary of State's opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order, either with or without modifications. (3) On considering any representations or objections duly made and the report of any person appointed to hold an inquiry, or appointed as mentioned in sub-paragraph (1)(b) or (c), the Secretary of State may confirm the order with or without modifications. (14) (1) The Secretary of State must not confirm an order with modifications so as— (a) to affect land not affected by the order; (b) not to show any way shown in the order or to show any way not so shown; or (c) to show as a highway of one description a way which is shown in the order as a highway of another description, except after complying with the requirements of this paragraph. (2) The Secretary of State must give such notice as appears to him or her to be requisite of his or her proposal so to modify the order, specifying the time (which must not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal, which must include particulars of the grounds relied on, may be made. (3) If any representation or objection duly made under sub-paragraph (2) is not withdrawn, the Secretary of State must either— (a) cause a local inquiry to be held; (b) afford any person by whom a representation or objection has been duly made and not withdrawn, an opportunity to make representations (or further representations) to a person appointed by the Secretary of State for that purpose; or (c) afford any person by whom a representation or objection has been duly made and not withdrawn, an opportunity to be heard by a person appointed by the Secretary of State for that purpose. (4) The Secretary of State must consider the report of any person appointed to hold an inquiry or appointed as mentioned in sub-paragraph (3)(b) or (c). (5) The Secretary of State may, but need not, act as mentioned in sub-paragraph (3) if, in his or her opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order in accordance with his or her proposal. (6) Sub-paragraph (2) is not to be construed as limiting the grounds which may be relied on at any local inquiry or hearing held under sub-paragraph (3)(a) or (c) or included in representations made under sub-paragraph (3)(b). (15) (1) A decision of the Secretary of State under paragraph 10, 13 or 14 must, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed is to be treated as a decision of the Secretary of State. (2) The Secretary of State may, if he or she thinks fit, direct that a decision which, by virtue of sub-paragraph (1) and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State is instead to be made by the Secretary of State; and a direction under this sub-paragraph must state the reasons for which it is given and must be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn. (3) Where the Secretary of State has appointed a person to make a decision under paragraph 10, 13 or 14 the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it. (4) Where by virtue of sub-paragraph (2) or (3) a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter is to be treated as having been done by or in relation to the former. (5) Regulations under this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph. (16) (1) Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) are to apply in relation to any hearing or local inquiry held under paragraph 13 or 14 as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section. (2) In its application to a hearing or inquiry held under paragraph 13 or 14 by a person appointed under paragraph 15, subsection (5) of that section has effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State. (3) Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under paragraph 13 or 14 as it applies in relation to a hearing or local inquiry for the purposes referred to in that section. (17) (1) As soon as practicable after a decision to confirm an order is made or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of the decision, the authority must give notice— (a) describing the general effect of the order as confirmed and stating that it has been confirmed (with or without modification) and the date on which it took effect; and (b) naming a place in the area in which the land to which the order relates is situated where a copy of the order as confirmed may be inspected free of charge, and copies may be obtained at a reasonable charge, at all reasonable hours. (2) A notice under sub-paragraph (1) must be given— (a) by publication in the manner required by paragraph 5(2)(a); (b) by serving a like notice on any persons on whom notices were required to be served under paragraph 5(2)(b) or (4); and (c) by causing like notices to be displayed in the like manner as the notices required to be displayed under paragraph 5(2)(c). (3) A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, must be accompanied by a copy of so much of the order as confirmed as relates to that land or, as the case may be, the area of that authority; and, in the case of an order which has been confirmed with modifications, a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate must be accompanied by a copy of the order as confirmed. (4) As soon as practicable after a decision not to confirm an order or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of his or her decision, the authority must give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 5(2)(b) or (4). (18) (1) If any person is aggrieved by an order which has taken effect and desires to question its validity on the ground that it is not within the powers of sections 53, 54, 54B and 54C or that any of the requirements of Schedule 13A or this Schedule have not been complied with in relation to it, the person may within 42 days from the date of publication of the notice under paragraph 17 make an application to the High Court under this paragraph. (2) On any such application the High Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with those requirements, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant. (3) Sub-paragraph (4) applies if the application relates to an order of an authority that has been submitted to, and confirmed by, the Secretary of State. (4) The High Court may quash the decision of the Secretary of State confirming the order or any part of it (either generally or in so far as it affects the interests of the applicant), instead of quashing the order or any provision of it. (5) Except as provided by this paragraph, the validity of an order is not to be questioned in any legal proceedings whatsoever. (19) (1) The Secretary of State may, subject to the provisions of this Schedule, by regulations make such provision as to the procedure on the making, submission and confirmation of orders as appears to him or her to be expedient. (2) In the application of this Schedule to an order that is a modification consent order, any special orders made under section 54B(5) are to be treated as part of the order. (3) In this Schedule— - “council offices” means offices or buildings acquired or provided by the authority or by a local authority; - “local authority” means a non-metropolitan district council, a parish council or the parish meeting of a parish not having a separate parish council; - “order” means an order to which the provisions of this Schedule apply; - “prescribed” means prescribed by regulations made by the Secretary of State. (4) Regulations under this Schedule are to be made by statutory instrument and are to be subject to annulment in pursuance of a resolution of either House of Parliament.

PART 4 — Highways Act 1980

8

• (1) Schedule 6 to the Highways Act 1980 (procedure applicable to the making etc of certain orders under the Act relating to footpaths, bridleways and restricted byways) is amended as follows.

• (2) In paragraph 1 (publicity for orders)—

• (a) in sub-paragraph (3), in paragraph (a), for the words from “in at least one local newspaper” to the end of the paragraph substitute “ (within the meaning of sub-paragraph (3ZA)) ”;

• (b) after sub-paragraph (3) insert—

(3ZA) In sub-paragraph (3)(a), “publication” means— (a) in relation to England, publication on a website maintained by the authority and on such other websites or through the use of such other digital communications media as the authority may consider appropriate; (b) in relation to Wales, publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated.

• (3) In paragraph 2 (opposed and unopposed orders), after sub-paragraph (2) insert—

(2ZA) If representations or objections have been duly made to an authority in England other than the Secretary of State (and not withdrawn), but the authority consider that none of the representations or objections are relevant, the authority may proceed under this Schedule as if no representations or objections had been duly made (and the provisions of this Schedule apply accordingly). (2ZB) If representations or objections have been duly made to such an authority (and not withdrawn), but the authority consider that at least one of the representations or objections is not relevant, the authority may elect that the order shall have effect as two separate orders— (a) the one comprising the parts to which the relevant representations or objections relate; and (b) the other, comprising the remaining parts, which is to be treated as if no representations or objections had been duly made; and the provisions of this Schedule apply accordingly. (2ZC) For the purposes of this paragraph, a representation or objection is relevant if, were the order to be submitted to the Secretary of State, it would be relevant in determining whether or not to confirm the order (either with or without modifications). (2ZD) In deciding whether to exercise their power under subsection (2ZA) or (2ZB), an authority shall have regard to any guidance given by the Secretary of State. (2ZE) Where the authority decide to exercise such a power, the authority shall inform the applicant, and any person who made a representation or objection (and has not withdrawn it), of their decision and the reasons for it.

• (4) In that paragraph, after sub-paragraph (3) insert—

(4) The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(a) or (b) or (3)(b) in relation to an order relating to England if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order (either with or without modifications) or to make it.

• (5) In that paragraph, after sub-paragraph (4) (as inserted by sub-paragraph (4) of this paragraph) insert—

(5) In the case of an order relating to England, the Secretary of State may, instead of affording a person an opportunity of being heard as mentioned in sub-paragraph (2)(b), (2A)(b) or (3)(b), afford the person an opportunity of making representations (or further representations) to a person appointed by him or her for the purpose. (6) Where the Secretary of State acts under sub-paragraph (5) by affording a person an opportunity of making representations (or further representations) instead of an opportunity of being heard as mentioned in sub-paragraph (2)(b) or (3)(b), the reference in sub-paragraph (2) or (as the case may be) (3)(c) to the report of the person appointed to hear representations or objections is to be read as a reference to the report of the person appointed under sub-paragraph (5).

• (6) After paragraph 2 insert—

(2ZZA) (1) Where at any time representations or objections duly made to an authority in England (and not withdrawn) relate to only parts of an order, the authority may elect that for the purposes of paragraph 2 and the following provisions of this Schedule, the order shall have effect as two separate orders— (a) the one comprising the parts to which the representations or objections relate; and (b) the other comprising the remaining parts. (2) Where the authority is not the Secretary of State, an election for the purposes of sub-paragraph (1) shall be given by notice to the Secretary of State. (3) Where an order made by an authority in England (other than the Secretary of State) is submitted to the Secretary of State, and any representations or objections duly made (and not withdrawn) relate to only parts of the order, the Secretary of State may, by notice given to the authority, elect that it shall have effect as two separate orders— (a) the one comprising the parts to which the representations or objections relate (“the opposed order”); and (b) the other comprising the remaining parts. (4) Where notice is given under sub-paragraph (3), paragraph 2 and the following provisions of this Schedule apply as if only the opposed order had been submitted to the Secretary of State for confirmation. (5) Any reference in sub-paragraph (1) or (3) to an order includes a reference to any part of an order which, by virtue of one or more previous elections under that sub-paragraph, has effect as a separate order.

• (7) In paragraph 4A (publication of orders)—

• (a) the existing text becomes sub-paragraph (1);

• (b) in that sub-paragraph, for the words from “in at least one local newspaper” to the end of the sub-paragraph substitute “ (within the meaning of sub-paragraph (2)) ”;

• (c) after that sub-paragraph insert—

(2) In sub-paragraph (1), “publication” means— (a) in relation to England, publication on a website maintained by the authority and on such other websites or through the use of such other digital communications media as the authority may consider appropriate; (b) in relation to Wales, publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated.

• (8) In paragraph 5 (proceedings for questioning validity of orders) omit the “and” after paragraph (b) and insert—

(ba) the Schedule has effect as if after paragraph 3 there were inserted— (3A) (1) Sub-paragraph (2) applies if the application relates to an order of an authority in England that has been submitted to, and confirmed by, the Secretary of State. (2) The High Court may quash the decision of the Secretary of State confirming the order or any part of it (either generally or in so far as it affects the interests of the applicant), instead of quashing the order or any provision of it.

.

PART 5 — Consequential amendments

9

Part 3 of the Wildlife and Countryside Act 1981 is amended as follows.

10

In section 53 (duty to keep definitive map and statement under continuous review)—

• (a) in subsection (5), for “the provisions of Schedule 14” substitute “ the provisions of Schedule 13A (in relation to England) and Schedule 14 (in relation to Wales) ”;

• (b) in subsection (6), for “the provisions of Schedule 15” substitute “ the provisions of Schedule 14A (in relation to England) and Schedule 15 (in relation to Wales) ”.

11

• (1) Schedule 14 (Applications for certain orders under Part 3) is amended as follows.

• (2) In the heading, at the end, insert “ : Wales ”.

• (3) In paragraph 5 (interpretation), in sub-paragraph (1), for the definition of “local authority” substitute—

“local authority” means a community council;

.

12

• (1) Schedule 15 (Procedure in connection with certain orders under Part 3) is amended as follows.

• (2) In the heading, at the end, insert “ : Wales ”.

• (3) In paragraph 13 (interpretation), in sub-paragraph (2), for the definition of “local authority” substitute—

“local authority” means a community council;

.

SCHEDULE 8

Consequential amendments

1

The Transport Act 1968 is amended in accordance with paragraphs 2 to 5.

2

• (1) Section 10(1) is amended as follows.

• (2) In paragraph (iii), before “(ii)”, in both places, insert “ (ia)(b) or ”.

• (3) In paragraph (iv), before “(ii)” insert “ (ia), ”.

• (4) After paragraph (viiia), insert—

(viiiaa) where that area is in England, to let locomotives and other rolling stock on hire to a person not falling within paragraph (viiia) for or in connection with the provision of railway passenger services;

.

• (5) In paragraph (viiib), at the beginning insert “ where that area is in Wales or Scotland, ”.

3

In section 10(1), paragraphs (vi) and (viza) have effect, until the day on which the repeal of those provisions in relation to Scotland by section 14(1)(a) of the Railways Act 2005 comes into force, as if for “(ii)” there were substituted “ (ia)(b) ”.

4

• (1) Section 20 (special duty of certain Executives with respect to railway passenger services) is amended as follows.

• (2) In paragraph (a) of subsection (2), omit the words from “for the purposes” to the end of the paragraph.

• (3) After subsection (2) insert—

(2A) For the purposes of subsection (2)(a) “permitted distance”, in relation to an integrated transport area, a combined authority area or a passenger transport area, means the distance of 25 miles from the nearest point on the boundary of that area.

5

In section 23A (interpretation of certain provisions of this Part relating to railways), after subsection (1) insert—

(1A) For the purposes of section 10, “railway” has the meaning given in section 67(1) of the Transport and Works Act 1992.

6

Section 119 of the Transport Act 1985 (bus substitution services and bus service conditions) has effect, until the repeal of the section by Part 4 of Schedule 31 to the Transport Act 2000 comes into force, as if—

• (a) in subsection (3) the words from “for the purposes” to the end of the subsection were omitted;

• (b) after subsection (5) there were inserted—

(5A) For the purposes of subsection (3) “permitted distance”, in relation to a passenger transport area, means the distance of 25 miles from the nearest point on the boundary of that area.

7

In section 13 of the Railways Act 2005 (railway functions of Passenger Transport Executives), in subsection (9), for the words from “has the same meaning” to the end substitute “ , in relation to an integrated transport area, means the distance of 25 miles from the nearest point on the boundary of that area. ”

Franchise exemptions granted by Secretary of State: protection of railway assets etc

8

After section 24 of the Railways Act 1993 insert—

(24A) (1) Conditions specified in an order under section 24 made by the Secretary of State may, in particular, include conditions which are to apply to any person providing services under an operator agreement. (2) An order under section 24 made by the Secretary of State may include provision which, subject to any modifications that the Secretary of State considers appropriate, has an effect in connection with operator agreements which corresponds or is similar to the effect of the following provisions in connection with franchise agreements— (a) section 27(3) of this Act (restrictions on transfer or creation of security over assets); (b) section 27(5) of this Act (transactions entered into in breach of restrictions to be void); (c) section 27(6) and (7) of this Act (no execution or other legal process etc in respect of assets); (d) section 31 of this Act (disapplication of legislation: security of tenure of business premises); (e) sections 55 to 58 of this Act (enforcement); (f) section 12 of, and Schedule 2 to, the Railways Act 2005 (transfer schemes), subject to subsection (4) below. (3) Provision included in an order by virtue of subsection (2) may be made by applying the provision in question, subject to any modifications that the Secretary of State considers appropriate. (4) The provision which may be included in an order by virtue of subsection (2)(f) is subject to the following restrictions— (a) it is to be provision which applies only where an operator agreement is or has been in force to which one of the following is or was party— (i) a Passenger Transport Executive, (ii) a local transport authority, or (iii) a relevant company; (b) the person entitled under the provision to make a transfer scheme is to be a Passenger Transport Executive or local transport authority which— (i) is or was party to the operator agreement, or (ii) is the owner, or one of the owners, of a relevant company which is or was party to the operator agreement; (c) the persons to whom assets may be transferred under a scheme made under the provision are to be— (i) the Passenger Transport Executive or local transport authority which makes the scheme; (ii) any other Passenger Transport Executive or local transport authority which— (a) is or was party to the operator agreement, or (b) is the owner, or one of the owners, of a relevant company which is or was party to the operator agreement; (iii) a relevant company; (iv) a person who is, or is to be, the operator under an operator agreement. (5) In this section— - “local transport authority” has the same meaning as in Part 2 of the Transport Act 2000 (see section 108(4) of that Act); - “operator agreement” means any agreement which a person who has the benefit of a franchise exemption may enter into for another person (“the operator”) to provide the services (or any part of the services) in respect of which the exemption is granted; - “Passenger Transport Executive” means a body which is such an Executive for the purposes of Part 2 of the Transport Act 1968; - “relevant company” means— 1. a company that is wholly owned by a Passenger Transport Executive or a local transport authority, or 2. a company of which each owner is a Passenger Transport Executive or a local transport authority.

Minor correcting amendments

9

• (1) The Transport Act 1968 is amended as follows.

• (2) In section 9(1)(c)—

• (a) in sub-paragraph (i), for “sub-paragraph (ia)” substitute “ sub-paragraphs (ia) to (ie) ”;

• (b) after sub-paragraph (ia) insert—

(ib) in relation to the area of the Greater Manchester Combined Authority, the Greater Manchester Passenger Transport Executive; (ic) in relation to the area of the Greater Merseyside Combined Authority, the Merseyside Passenger Transport Executive; (id) in relation to the area of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority, the South Yorkshire Passenger Transport Executive; (ie) in relation to the area of the Durham, Gateshead, Newcastle upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority, the Tyne and Wear Passenger Transport Executive;

.

• (3) In section 16(2A)—

• (a) for “subsection (2)” substitute “ subsection (1) ”;

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

• (c) after paragraph (c) insert

; and (d) the words from “including in particular” to the end of the subsection were omitted.

• (4) In Schedule 5—

• (a) in Part 2, in paragraph 2, after “as the case may be,”, in both places where it occurs, insert “ the combined authority area or ”;

• (b) in Part 3, in paragraph 11(a), after “integrated transport area” insert “ , a combined authority area ”.

10

• (1) In section 30 of the Railways Act 1993 (duty of relevant franchising authority), subsection (3) is amended as follows.

• (2) In paragraph (b)—

• (a) for “notice” substitute “ proposal ”;

• (b) for “the proposal date specified for the purposes of subsection (5)(a)(ii) of that section” substitute “ the date for the discontinuance of services specified in the proposal ”.

• (3) In paragraph (c), for “subsection (2)” substitute “ subsection (3) ”.

SCHEDULE 9

Traffic Management Act 2004

1

The Traffic Management Act 2004 is amended as follows.

2

In section 85 (prohibition of double parking etc), in subsection (3), for “for fire brigade, ambulance or police purposes” substitute

— (a) for fire brigade or police purposes, or (b) for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service. “An NHS ambulance service” means— (a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services; (b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services; (c) the Scottish Ambulance Service Board.

3

In section 86 (prohibition of parking at dropped footways etc), in subsection (4), for “for fire brigade, ambulance or police purposes” substitute

— (a) for fire brigade or police purposes, or (b) for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service. “An NHS ambulance service” means— (a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services; (b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services; (c) the Scottish Ambulance Service Board.

Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078)

4

The Road Vehicles (Construction and Use) Regulations 1986 are amended as follows.

5

In regulation 3(2) (interpretation), in the Table at the appropriate place insert—

an NHS ambulance service	aan NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;ban NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;cthe Scottish Ambulance Service Board.

6

• (1) Regulation 37 (audible warning instruments) is amended as follows.

• (2) In paragraph (5)(a), omit “, ambulance”.

• (3) After paragraph (5)(a) insert—

(aza) used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;

.

7

• (1) Regulation 82 (restriction on width of loads) is amended as follows.

• (2) In paragraph (10)(a), omit “, ambulance”.

• (3) After paragraph (10)(a) (but before the “or”) insert—

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

.

8

• (1) Regulation 101 (parking in darkness) is amended as follows.

• (2) In paragraph (2)(a), omit “ambulance”.

• (3) After paragraph (2)(a) insert—

(aa) being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service if compliance with those provisions would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion;

.

9

• (1) Regulation 107 (leaving motor vehicles unattended) is amended as follows.

• (2) In paragraph (2)(a), omit “ambulance,”.

• (3) After paragraph (2)(a) (but before the “or”) insert—

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

.

Road Vehicles Lighting Regulations 1989 (S.I. 1989/1796)

10

The Road Vehicles Lighting Regulations 1989 are amended as follows.

11

• (1) The Table in regulation 3(2) (which sets out the meaning of expressions used in the regulations) is amended as follows.

• (2) In column 2, in paragraph (a) of the definition of “emergency vehicle”, omit “, ambulance”.

• (3) In that definition, after paragraph (a) insert—

	(aza) a vehicle used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;

• (4) At the appropriate place insert—

An NHS ambulance service	aan NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;ban NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;cthe Scottish Ambulance Service Board.

12

• (1) Regulation 11 (colour of light shown by lamps and reflectors) is amended as follows.

• (2) Omit paragraph (2)(y)(iii).

• (3) After paragraph (2)(y) insert—

(z) reflected light from yellow or orange retro reflective material fitted to the rear of a vehicle— (i) used for ambulance purposes, or (ii) used for the purpose of providing a response to an emergency at the request of an NHS ambulance service.

13

In Part 2 of Schedule 17 (requirements relating to optional side retro reflectors), in the first column of the Table, below “Ambulance” (but in the same row) insert “ The provision of a response to an emergency at the request of an NHS ambulance service but only in respect of a vehicle which is owned by the service or held by it under a lease or hire agreement ”.

14

• (1) Part 2 of Schedule 18 (requirements relating to optional rear retro reflectors) is amended as follows.

• (2) The first sentence becomes paragraph 1.

• (3) At the end of that paragraph insert “ , subject to paragraphs 2 and 3. ”

• (4) The second sentence becomes paragraph 2.

• (5) In that paragraph—

• (a) omit “But”;

• (b) omit paragraph (c).

• (6) After paragraph 2 insert—

(3) The colour of rear retro reflectors fitted to— (a) a vehicle used for ambulance purposes, or (b) a vehicle used for the purpose of providing a response to an emergency at the request of an NHS ambulance service, may be red, yellow or orange (or any combination), provided that, in the case mentioned in paragraph (b), the vehicle is owned by the NHS ambulance service or held by it under a lease or hire agreement.

Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I. 1997/2400)

15

The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 are amended as follows.

16

In regulation 3(1) (interpretation), at the appropriate place insert—

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

.

17

• (1) Regulation 12 (significance of vehicular light signals at Pelican crossings) is amended as follows.

• (2) In paragraph (1)(e), omit “, ambulance, national blood service”.

• (3) After paragraph (1)(e) insert—

(eza) when a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition conveyed by the steady amber or the red signal in accordance with sub-paragraph (c) or (d) would be likely to hinder the use of that vehicle for the purpose for which it is being used, then those sub-paragraphs shall not apply to the vehicle, and the steady amber and the red signal shall each convey the information that the vehicle may proceed beyond the stop line if the driver— (i) accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on a central reservation which lies between two crossings which do not form part of a system of staggered crossings; and (ii) does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident;

.

18

• (1) Regulation 13 (significance of vehicular light signals at Puffin crossings) is amended as follows.

• (2) In paragraph (1)(f), omit “, ambulance, national blood service”.

• (3) After paragraph (1)(f) insert—

(fa) when a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition conveyed by the amber, red or red-with-amber signal in accordance with sub-paragraph (c), (d) or (e) would be likely to hinder the use of that vehicle for the purpose for which it is being used, then those sub-paragraphs shall not apply to the vehicle, and the red signal, red-with-amber and amber signals shall each convey the information that the vehicle may proceed beyond the stop line if the driver— (i) accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on a central reservation which lies between two crossings which do not form part of a system of staggered crossings; and (ii) does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident;

.

19

• (1) Regulation 21 (stopping in controlled areas) is amended as follows.

• (2) In paragraph (c), omit “, ambulance”.

• (3) After paragraph (c) insert—

(ca) when the vehicle is being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service; or

.

Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113)

20

The Traffic Signs Regulations and General Directions 2002 are amended as follows.

21

In regulation 4 (interpretation), at the appropriate place insert—

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

22

• (1) Regulation 15 (keep right and kept left signs) is amended as follows.

• (2) In paragraph (2)—

• (a) omit “ambulance,”;

• (b) omit “, national blood service”.

• (3) After paragraph (2) insert—

(2ZA) On an occasion where a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the requirement specified in paragraph (1) would be likely to hinder the use of that vehicle for one of those purposes then, instead of that requirement, the requirement conveyed by the sign in question shall be that the vehicle shall not proceed beyond that sign in such a manner or at such a time as to be likely to endanger any person.

23

• (1) Regulation 26 (double white lines) is amended as follows.

• (2) In paragraph (5)(b), omit “ambulance,”.

• (3) After paragraph (5)(b) insert—

(bza) to a vehicle for the time being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;

.

24

• (1) Regulation 27 (zig zag lines) is amended as follows.

• (2) In paragraph (3)(c), omit “ambulance,”.

• (3) After paragraph (3)(c) insert—

(ca) when the vehicle is being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;

.

25

• (1) Regulation 36 (light signals) is amended as follows.

• (2) In paragraph (1)(b)—

• (a) omit “ambulance,”;

• (b) omit “, national blood service”.

• (3) After paragraph (1)(b) insert—

(bza) when a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition conveyed by the red signal in accordance with sub-paragraph (a) would be likely to hinder the use of that vehicle for the purpose for which it is being used, then sub-paragraph (a) shall not apply to the vehicle, and the red signal shall convey the prohibition that that vehicle shall not proceed beyond the stop line in a manner or at a time likely to endanger any person or to cause the driver of any vehicle proceeding in accordance with the indications of light signals operating in association with the signals displaying the red signal to change its speed or course in order to avoid an accident;

.

26

• (1) Schedule 19 (bus stop and bus stand clearways and box junctions) is amended as follows.

• (2) In paragraph 4 (bus stop and bus stand clearways)—

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

• (b) after paragraph (a) insert—

(aza) a vehicle being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;

.

• (3) In paragraph 9 (box junctions)—

• (a) omit “ambulance,”;

• (b) omit “, national blood service”.

• (4) After paragraph 9 insert—

(10) When a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition in paragraph 7(1) or 8 would be likely to hinder the use of that vehicle for the purpose for which it is being used, then that prohibition shall not apply to the driver of the vehicle.

SCHEDULE 10

PART 1 — Duration of driving licences to be granted to drivers with relevant or prospective disabilities

1

Part 3 of the Road Traffic Act 1988 (licensing of drivers of vehicles) is amended as follows.

2

In section 99 (duration of licences of drivers of motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle), in subsection (1)(b) (duration of licence to be granted to person suffering from relevant or prospective disability), for the words from “of not more than” to “may determine” substitute

as the Secretary of State may determine which shall be a period— (i) of not more than ten years and not less than one year, ending on or before the seventieth anniversary of the applicant's date of birth, or (ii) where, at the time the licence is granted, there are less than three years until that seventieth anniversary or where the licence is granted on or after that anniversary, of not more than three years and not less than one year

.

3

In consequence of paragraph 2, in section 100(1)(b) (appeals relating to licences: determination under section 99(1)(b))—

• (a) for “three” substitute “ ten ”;

• (b) after “or less” insert “ or, where sub-paragraph (ii) of section 99(1)(b) applies, for three years or less ”.

PART 2 — Permit schemes: removal of requirement for Secretary of State approval

4

Part 3 of the Traffic Management Act 2004 (permit schemes) is amended as follows.

5

• (1) Section 33 (preparation of permit schemes) is amended as follows.

• (2) For subsection (1) substitute—

(1) A permit scheme may be prepared by— (a) a strategic highways company, (b) a local highway authority in England, or (c) such a company or authority acting together with one or more other such companies or authorities. (1A) A local highway authority in Wales, or two or more such authorities acting together, may prepare and submit to the Welsh Ministers a permit scheme.

• (3) For subsection (2) substitute—

(2) The Secretary of State may direct— (a) a strategic highways company, (b) a local highway authority in England, or (c) such a company or authority acting together with one or more other such companies or authorities, to prepare and give effect to a permit scheme which takes such form as the Secretary of State may direct. (2A) The Welsh Ministers may direct a local highway authority in Wales, or two or more such authorities acting together, to prepare and submit to them a permit scheme which takes such form as the Welsh Ministers may direct.

6

After section 33 insert—

(33A) (1) This section applies to a permit scheme prepared in accordance with section 33(1) or (2) by— (a) a strategic highways company, (b) a local highway authority in England, or (c) such a company or authority acting together with one or more other such companies or authorities. (2) The scheme shall not have effect in the area of a participating authority unless the authority gives effect to it by order. (3) For the purposes of subsection (2) a local highway authority or a strategic highways company is a “participating authority” in relation to a permit scheme if it is the highway authority for any of the streets in which the scheme is to control the carrying out of works. (4) An order under subsection (2)— (a) must set out the scheme and specify the date on which the scheme is to come into effect, and (b) may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.

7

• (1) Section 34 (implementation of local highway authority permit schemes) is amended as follows.

• (2) In subsection (1)—

• (a) after “prepared” insert “ by a local highway authority in Wales ”;

• (b) for “appropriate national authority (“the authority”)” substitute “ Welsh Ministers ”;

• (c) for “33(1) or (2)” substitute “ 33(1A) or (2A) ”.

• (3) In subsection (2), for “authority” substitute “ Welsh Ministers ”.

• (4) In subsection (3), for “it approves” substitute “ the Welsh Ministers approve ”.

• (5) In subsection (4), for “the authority by order gives” substitute “ the Welsh Ministers by order give ”.

• (6) In the heading, at the end insert “ : Wales ”.

8

For section 36 (variation and revocation of permit schemes) substitute—

(36) (1) A local highway authority in England may by order vary or revoke a permit scheme to the extent that it has effect in the area of the authority by virtue of an order made by the authority under section 33A(2). (2) The Secretary of State may direct a local highway authority in England to vary or revoke a permit scheme by an order under subsection (1). (3) An order made by a local highway authority under subsection (1) may vary or revoke an order made by the authority under section 33A(2), or an order previously made by the authority under subsection (1). (4) A strategic highways company may by order vary or revoke a permit scheme to the extent that it has effect, by virtue of an order made by the company under section 33A(2), in the area in respect of which the company is appointed. (5) The Secretary of State may direct a strategic highways company to vary or revoke a permit scheme by an order under subsection (4). (6) An order made by a strategic highways company under subsection (4) may vary or revoke an order made by the company under section 33A(2), or an order previously made by the company under subsection (4). (7) The Welsh Ministers may by order vary or revoke any permit scheme which for the time being has effect by virtue of an order made by them under section 34(4) or 35(2). (8) An order under subsection (7) may vary or revoke an order made by the Welsh Ministers under section 34(4) or 35(2), or an order previously made under subsection (7). (9) The Secretary of State may by order vary or revoke any permit scheme which for the time being has effect by virtue of an order made by the Secretary of State under section 35(2). (10) An order under subsection (9) may vary or revoke an order made by the Secretary of State under section 35(2), or an order previously made under subsection (9). (11) An order under subsection (7) or (9) may relate to one or more permit schemes. (12) An order under this section may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.

9

• (1) Section 37 (permit regulations) is amended as follows.

• (2) In subsection (1)—

• (a) for “appropriate national authority” substitute “ Secretary of State ”;

• (b) omit “submission, approval,”;

• (c) at the end insert “ prepared by local highway authorities in England or strategic highways companies under section 33(1) or (2) or by the Secretary of State under section 33(3) or (4) ”.

• (3) After subsection (1) insert—

(1A) The Welsh Ministers may by regulations (“permit regulations”) make provision with respect to the content, preparation, submission, approval, operation, variation or revocation of permit schemes prepared by local highway authorities in Wales under section 33(1A) or (2A) or by the Welsh Ministers under section 33(3).

• (4) After subsection (3) insert—

(3A) Permit regulations made by the Secretary of State may impose requirements for the purpose of securing that permit schemes are kept under review.

10

• (1) Section 39 (interpretation of Part 3) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (b) of the definition of “the appropriate national authority”, for “National Assembly for Wales” substitute “ Welsh Ministers ”;

• (b) at the appropriate place insert—

“strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;

.

• (3) In subsection (3), after “power” insert “ of the Secretary of State or the Welsh Ministers ”.

• (4) After subsection (5) insert—

(6) A statutory instrument containing regulations under this Part made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

11

• (1) This paragraph applies to a permit scheme prepared by a local highway authority in England or a strategic highways company which, by virtue of an order made by the Secretary of State under section 34(4) of the Traffic Management Act 2004, has effect immediately before the date on which paragraphs 4 to 10 come into force.

• (2) On and after that date, the scheme is to be treated as if it had effect by virtue of an order made by the local highway authority or a strategic highways company under section 33A(2) of that Act.

12

In consequence of the amendments made by paragraph 5, in the Infrastructure Act 2015, in Schedule 1, omit paragraph 148.

PART 3 — Road humps

13

The Highways Act 1980 is amended as follows.

14

In section 90A (construction of road humps by highway authority), in subsection (1)(b), for “the Secretary of State” substitute “ the appropriate national authority ”.

15

• (1) Section 90B (additional powers of Secretary of State and Welsh Ministers) is amended as follows.

• (2) In subsection (1)—

• (a) in the opening words, for “Secretary of State” substitute “ Welsh Ministers ”;

• (b) in the opening words, for “he is” substitute “ they are ”;

• (c) in paragraph (b), for “him” substitute “ them ”;

• (d) in the closing words, for “him” substitute “ them ”.

• (3) After subsection (1) insert—

(1A) Subsection (1) does not apply in relation to the following parts of Wales— (a) the part of road to which section 329(5) applies; (b) the part of the M4 Motorway in Wales that comprises “the new toll plaza area” and “the new bridge”, as defined in section 39(1) of the Severn Bridges Act 1992.

• (4) In subsection (3)—

• (a) for “Secretary of State”, in the first place those words occur, substitute “ Welsh Ministers ”;

• (b) for “Secretary of State has” substitute “ Welsh Ministers have ”.

• (5) In subsection (4), for “Secretary of State” substitute “ Welsh Ministers ”.

• (6) In subsection (5), for “Secretary of State so directs” substitute “ Welsh Ministers so direct ”.

• (7) In subsection (6)—

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

• (b) for “his” substitute “ their ”.

• (8) In the heading, for “Secretary of State” substitute “ Welsh Ministers ”.

16

• (1) Section 90C (road humps: consultation and local inquiries) is amended as follows.

• (2) In subsection (1)—

• (a) for the words from “Where the Secretary of State” to “he, it or they” substitute “ Where a highway authority proposes to construct a road hump under section 90A, or the Welsh Ministers propose to construct a road hump under section 90B, the highway authority or the Welsh Ministers (as the case may be) ”;

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

• (c) in paragraph (b)—

• (i) omit “other”;

• (ii) for “the Secretary of State” substitute “ the appropriate national authority ”.

• (3) For subsection (2) substitute—

(2) The highway authority or the Welsh Ministers (as the case may be) shall also comply with such requirements as may be specified in regulations made by the appropriate national authority in relation to— (a) the publication of— (i) details of proposals to construct road humps, and (ii) procedures for making objections to such proposals, and (b) procedures for dealing with such objections. (2A) Regulations under subsection (2)(b) may, in particular, contain provision about— (a) local inquiries in relation to proposals to construct road humps, and (b) the application of subsections (2) to (5) of section 250 of the Local Government Act 1972 in relation to such inquiries, subject to such modifications as may be specified in the regulations.

• (4) Omit subsections (3) to (5).

• (5) In subsection (6)—

• (a) for “the Secretary of State” substitute “ the appropriate national authority ”;

• (b) for “he” substitute “ it ”.

17

• (1) Section 90D (regulations concerning construction and maintenance of road humps) is amended as follows.

• (2) In subsection (1)—

• (a) for “The Secretary of State” substitute “ The appropriate national authority ”;

• (b) for “him” substitute “ the appropriate national authority ”.

• (3) In subsection (3)—

• (a) for “the Secretary of State” substitute “ the appropriate national authority ”;

• (b) for “he” substitute “ it ”.

• (4) In subsection (4)—

• (a) for “the Secretary of State” substitute “ the appropriate national authority ”;

• (b) for “him” substitute “ the appropriate national authority ”.

18

• (1) Section 90E (status of road humps) is amended as follows.

• (2) In subsection (1B)(a), for “the Secretary of State” substitute “ the appropriate national authority ”.

• (3) In subsection (2), in paragraph (a), for “the Secretary of State” substitute “ the appropriate national authority ”.

19

In section 90F (meaning of “road hump” and interpretation of sections 90A to 90E), in subsection (2), after “In sections 90A to 90E above—” insert—

“the appropriate national authority” means— (a) the Secretary of State, in relation to England and in relation to the following parts of Wales— (i) the part of road to which section 329(5) applies; (ii) the part of the M4 Motorway in Wales that comprises “the new toll plaza area” and “the new bridge”, as defined in section 39(1) of the Severn Bridges Act 1992; (b) the Welsh Ministers, in relation to Wales other than the parts mentioned in paragraph (a)(i) and (ii);

.

20

After section 90F insert—

(90FA) (1) Regulations under section 90C or 90D are to be made by statutory instrument. (2) Regulations under section 90C or 90D may— (a) include incidental, supplementary, consequential or transitional provision or savings; (b) make different provision for different purposes. (3) A statutory instrument containing regulations made by the Secretary of State under section 90C or 90D 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 90C or 90D is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

21

In section 325 (provisions as to regulations, schemes and orders), after subsection (2A) insert—

(2B) This section does not apply to regulations under section 90C or 90D (see section 90FA for provision about such regulations).

22

In consequence of the amendments made by paragraph 16, in the Infrastructure Act 2015, in Schedule 1, omit paragraph 26.

PART 4 — Pedestrian crossings: removal of requirement to inform Secretary of State

23

In section 23(2) of the Road Traffic Regulation Act 1984—

• (a) omit paragraph (c) (which requires that the Secretary of State or, in relation to Wales, the Welsh Ministers be informed in writing before certain pedestrian crossings are established or removed etc);

• (b) omit the “and” before that paragraph.

PART 5 — Off-road motoring events

24

In section 13A(1) of the Road Traffic Act 1988 (list of motoring offences which do not apply for authorised off-road motoring events), after “2” insert “ , 2B ”.

PART 6 — Testing of vehicles

25

In section 52 of the Road Traffic Act 1988 (supplementary provisions about tests etc of goods vehicles), in subsection (2) (which confers power on the Secretary of State to provide and maintain stations and apparatus for the carrying out of examinations of certain goods vehicles), for the words from “provide and maintain” to the end of the subsection substitute

— (a) provide and maintain stations where examinations of goods vehicles under regulations under section 49 or under section 50 of this Act may be carried out, (b) designate premises as stations where such examinations may be carried out, and (c) provide and maintain apparatus for the carrying out of such examinations.

26

• (1) Section 46 of that Act (provision which may be included in regulations under section 45 of that Act about tests of the condition of vehicles other than certain goods vehicles) is amended as follows.

• (2) In subsection (1), after paragraph (j) insert—

(ja) the charges to be paid to the Secretary of State by persons occupying premises designated under section 8(3)(b) of the Public Passenger Vehicles Act 1981 as stations where inspections of public service vehicles may be carried out where the charges are in connection with— (i) the provision by the Secretary of State of vehicle examiners to examine public service vehicles on the premises, (ii) the issue of test certificates or notifications of the refusal of test certificates in respect of examinations of public service vehicles carried out on the premises, (iii) the issue of duplicates or copies of test certificates issued in respect of such examinations, and (iv) the correction of errors in test certificates so issued,

.

• (3) In that subsection, omit the “and” at the end of paragraph (k) and insert—

(ka) the keeping by persons mentioned in paragraph (ja) of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed,

.

• (4) In that subsection, after paragraph (l) insert

, and (m) the keeping of records by persons mentioned in paragraph (ja) and the providing by them of returns and information to the Secretary of State.

• (5) In subsection (4), after “subsection (1)(j)” insert “ or (ja) ”.

27

• (1) Section 51 of that Act (particular aspects of regulations under section 49 of that Act dealing with the testing of certain goods vehicles etc) is amended as follows.

• (2) In subsection (1), after paragraph (k) insert—

(ka) make provision as to the charges to be paid to the Secretary of State by persons occupying premises designated under section 52(2)(b) as stations where examinations of goods vehicles may be carried out where the charges are in connection with— (i) the provision by the Secretary of State of vehicle examiners to examine goods vehicles on the premises, (ii) the issue of test certificates or notifications of the refusal of test certificates in respect of examinations of goods vehicles carried out on the premises, (iii) the issue of duplicates or copies of test certificates issued in respect of such examinations, and (iv) the correction of errors in test certificates so issued,

.

• (3) In that subsection, after paragraph (ka) (as inserted by sub-paragraph (2)) insert—

(kb) make provision as to the keeping by persons mentioned in paragraph (ka) of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed, (kc) make provision as to the keeping of records by persons mentioned in paragraph (ka) and the providing by them of returns and information to the Secretary of State,

.

• (4) After subsection (1) insert—

(1A) The provision which may be made by virtue of subsection (1)(ka) above includes provision requiring— (a) the making to the Secretary of State at prescribed times of payments, of such amounts as may be determined by him in accordance with regulations, on account of charges that may become payable, and (b) where forms for test certificates and notifications of the refusal of test certificates are supplied by the Secretary of State, the payment to him of charges for the supply of such forms, and for the repayment, in prescribed circumstances, of such payments received by the Secretary of State.

PART 7 — Rail vehicle accessibility regulations: exemption orders

28

The Equality Act 2010 is amended as follows.

29

• (1) Section 183 (exemptions from rail vehicle accessibility regulations) is amended as follows.

• (2) Omit subsection (3) (power to make regulations as to exemption orders: applications etc).

• (3) After subsection (6) insert—

(7) Section 207(2) does not require an exemption order to be made by statutory instrument; but such an order is as capable of being amended or revoked as an order made by statutory instrument.

30

In consequence of paragraph 29—

• (a) omit section 184 (procedure for making exemption orders);

• (b) in section 185 (annual report on exemption orders)—

• (i) omit subsection (1)(b);

• (ii) in subsection (2)(b), for “sections 183(4) and 184(2)” substitute “ section 183(4) ”;

• (c) in section 208 (Ministers of the Crown, etc)—

• (i) omit subsection (5)(g);

• (ii) omit subsection (7)(a).

31

• (1) This paragraph applies to an exemption order made by statutory instrument under section 183(1) of the Equality Act 2010, or treated as so made, before the date on which paragraph 29(3) comes into force.

• (2) The order is to be treated as having been made otherwise than by statutory instrument; but is to be as capable of being amended or revoked as an order made by statutory instrument.

SCHEDULE 11

PART 1 — Drink and drug driving offences

Removal of “statutory option” to have breath specimen replaced: road and rail transport

1

• (1) In section 8 of the Road Traffic Act 1988 (choice of specimens of breath), omit subsections (2), (2A), (3) and (4).

• (2) The amendments in sub-paragraphs (3) to (5) are made in consequence of sub-paragraph (1).

• (3) In the Road Traffic Act 1988—

• (a) for the heading of section 8 substitute “ Breath specimen showing higher alcohol level to be disregarded ”;

• (b) in section 8(1), omit “Subject to subsection (2) below,”;

• (c) in section 195(3), omit “8(3),”;

• (d) in section 195(4), omit “8(3),”;

• (e) in section 195(4A), omit “8(3) or”.

• (4) In the Serious Organised Crime and Police Act 2005, omit section 154(7).

• (5) In the Scotland Act 2012, omit section 20(2) to (4).

2

• (1) In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of railways etc: offences involving drink or drugs), in section 32 (choice of specimens of breath), omit subsections (2) to (4).

• (2) In consequence of sub-paragraph (1), for the heading of that section substitute “ Breath specimen showing higher alcohol level to be disregarded ”.

No need for preliminary breath test before evidential breath test: road transport

3

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

• (2) In section 7 (provision of specimens for analysis), for subsection (2) substitute—

(2) A constable may make a requirement under this section to provide specimens of breath only if— (a) the requirement is made at a police station or a hospital, (b) the requirement is imposed in circumstances where section 6(5) of this Act applies, or (c) the constable is in uniform.

• (3) Omit subsections (2A) and (2B).

• (4) After subsection (2C) insert—

(2CA) For the purposes of subsection (2C) “a relevant breath test” is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his breath or blood is likely to exceed the prescribed limit.

• (5) After subsection (5) insert—

(5A) A constable may arrest a person without warrant if— (a) the person fails to provide a specimen of breath when required to do so in pursuance of this section, and (b) the constable reasonably suspects that the person has alcohol in his body.

Removing restriction that evidential breath test must be taken at police station: rail transport

4

• (1) In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of railways etc: offences involving drink or drugs), section 31 (provision of specimens for analysis) is amended as follows.

• (2) For subsection (2) substitute—

(2) A constable may make a requirement under this section to provide specimens of breath only if— (a) the requirement is made at a police station or a hospital, or (b) the constable is in uniform.

• (3) After subsection (7) insert—

(7A) A constable may arrest a person without warrant if— (a) the person fails to provide a specimen of breath when required to do so in pursuance of this section, and (b) the constable reasonably suspects that the person has alcohol in his body.

Health care professionals advising whether condition is due to drugs: road and rail transport

5

In section 7 of the Road Traffic Act 1988 (provision of specimens for analysis), in subsection (3)(c) (medical advice that person's condition might be due to drugs), after “advised by a medical practitioner” insert “ or a registered health care professional ”.

6

In section 31 of the Transport and Works Act 1992 (provision of specimens for analysis)—

• (a) in subsection (4)(c) (medical advice that person's condition might be due to drugs), after “advised by a medical practitioner” insert “ or a registered health care professional ”;

• (b) omit subsections (9A), (9B) and (9C).

Further extension of role of health care professionals: road and rail transport

7

The Road Traffic Act 1988 is amended in accordance with paragraphs 8 and 9.

8

• (1) Section 7A (specimens of blood taken from persons incapable of consenting) is amended as follows.

• (2) In subsections (1) and (2)(a), for “a medical practitioner” substitute “ a medical or health care practitioner ”.

• (3) In subsection (2)(b), for “a medical practitioner other than a police medical practitioner” substitute “ a practitioner other than a police medical or health care practitioner ”.

• (4) In subsection (2)(b)(i), for “to made to a police medical practitioner” substitute “ to be made to a police medical or health care practitioner ”.

• (5) In subsection (2)(b)(ii), omit “medical”.

• (6) In subsection (3), for “a medical practitioner” substitute “ a medical or health care practitioner ”.

• (7) For subsection (7) substitute—

(7) In this section— - “medical or health care practitioner” means a medical practitioner or a registered health care professional; - “police medical or health care practitioner” means a medical practitioner, or a registered health care professional, who is engaged under any agreement to provide medical or health care services for purposes connected with the activities of a police force.

9

In section 11 (interpretation), in subsection (4) (providing a specimen of blood), omit “by a medical practitioner or, if it is taken in a police station,”.

10

In consequence of paragraphs 8 and 9, in section 15 of the Road Traffic Offenders Act 1988 (use of specimens in proceedings for certain offences under the Road Traffic Act), in subsection (4) (circumstances in which specimen of blood is to be disregarded)—

• (a) in paragraph (a), for the words from “and either” to the end of the paragraph substitute “ by a medical practitioner or a registered health care professional ”;

• (b) in paragraph (b), after “medical practitioner” insert “ or a registered health care professional ”.

11

The Transport and Works Act 1992 is amended in accordance with paragraphs 12 and 13.

12

• (1) Section 31A (specimens of blood taken from persons incapable of consenting) is amended as follows.

• (2) In subsections (1) and (2)(a), for “a medical practitioner” substitute “ a medical or health care practitioner ”.

• (3) In subsection (2)(b), for “a medical practitioner other than a police medical practitioner” substitute “ a practitioner other than a police medical or health care practitioner ”.

• (4) In subsection (2)(b)(i), for “to made to a police medical practitioner” substitute “ to be made to a police medical or health care practitioner ”.

• (5) In subsection (2)(b)(ii), omit “medical”.

• (6) In subsection (3), for “a medical practitioner” substitute “ a medical or health care practitioner ”.

• (7) For subsection (7) substitute—

(7) In this section— - “medical or health care practitioner” means a medical practitioner or a registered health care professional; - “police medical or health care practitioner” means a medical practitioner, or a registered health care professional, who is engaged under any agreement to provide medical or health care services for purposes connected with the activities of a police force.

13

In section 38 (interpretation of Chapter 1), in subsection (5)(b) (providing a specimen of blood), omit “by a medical practitioner or, if it is taken in a police station,”.

Application of Road Traffic Act provisions in shipping regime

14

• (1) In Part 4 of the Railways and Transport Safety Act 2003 (shipping: alcohol and drugs), section 83 (specimens, etc) is amended as follows.

• (2) After subsection (1) (but before the table) insert—

(1A) The references in the table to provisions of the Road Traffic Act 1988 or the Road Traffic Offenders Act 1988 are, subject to any contrary intention expressed in this Part or in any other enactment, references to those provisions as amended from time to time.

• (3) The table is amended as follows.

• (4) In the entry for sections 6A to 6E of the Road Traffic Act 1988, in the third column, at the end insert—

In section 6C, the following shall be disregarded—in subsection (1)(b), the words following “in his body”;subsection (3).
In section 6D, subsection (1)(b) shall be disregarded.

• (5) In the entry for section 7 of the Road Traffic Act 1988, in the third column—

• (a) after the first sentence insert—

Subsection (1A) shall be disregarded.
In subsection (2)(b), the reference to the circumstances in which section 6(5) of the 1988 Act applies shall be treated as a reference to the circumstances in which the following provision of this table applies: paragraph (c) of the modifications specified for section 6 of the 1988 Act.

;

• (b) in the last sentence, for “or 4” substitute “ , 4 or 5A ”.

• (6) In the entry for section 8 of the Road Traffic Act 1988, in the second column, for “Choice of specimen of breath” substitute “ Breath specimen showing higher alcohol level to be disregarded ”.

• (7) In the entry for section 10 of the Road Traffic Act 1988, in the third column—

• (a) in paragraph (b), for “or 5” substitute “ , 5 or 5A ”;

• (b) before the last sentence insert—

In subsection (2), paragraph (c) shall be disregarded.

• (8) In the entry for section 15 of the Road Traffic Offenders Act 1988, in the third column—

• (a) in the first sentence, for “section 3A, 4 or 5” substitute “ any of sections 3A to 5A ”;

• (b) after the first sentence insert—

Subsection (2)(b) shall be disregarded.

;

• (c) after the last sentence insert—

Subsection (3A) shall be disregarded.

15

In Schedule 22 to the Crime and Courts Act 2013 (drugs and driving: minor and consequential amendments), omit paragraphs 8 and 14.

Application of Road Traffic Act provisions in aviation regime

16

• (1) In Part 5 of the Railways and Transport Safety Act 2003 (aviation: alcohol and drugs), section 96 (specimens, etc) is amended as follows.

• (2) After subsection (1) (but before the table) insert—

(1A) The references in the table to provisions of the Road Traffic Act 1988 or the Road Traffic Offenders Act 1988 are, subject to any contrary intention expressed in this Part or in any other enactment, references to those provisions as amended from time to time.

• (3) The table is amended as follows.

• (4) In the entry for sections 6A to 6E of the Road Traffic Act 1988, in the third column, at the end insert—

In section 6C, the following shall be disregarded—in subsection (1)(b), the words following “in his body”;subsection (3).
In section 6D, subsection (1)(b) shall be disregarded.

• (5) In the entry for section 7 of the Road Traffic Act 1988, in the third column—

• (a) after the first sentence insert—

Subsection (1A) shall be disregarded.
In subsection (2)(b), the reference to the circumstances in which section 6(5) of the 1988 Act applies shall be treated as a reference to the circumstances in which the following provisions of this table apply: paragraphs (c) and (d) of the modifications specified for section 6 of the 1988 Act.

;

• (b) in the last sentence, for “or 4” substitute “ , 4 or 5A ”.

• (6) In the entry for section 8 of the Road Traffic Act 1988—

• (a) in the second column, for “Choice of specimen of breath” substitute “ Breath specimen showing higher alcohol level to be disregarded ”;

• (b) omit the words in the third column.

• (7) In the entry for section 10 of the Road Traffic Act 1988, in the third column—

• (a) in paragraph (b), for “or 5” substitute “ , 5 or 5A ”;

• (b) before the last sentence insert—

In subsection (2), paragraph (c) shall be disregarded.

• (8) In the entry for section 15 of the Road Traffic Offenders Act 1988, in the third column—

• (a) in the first sentence, for “section 3A, 4 or 5” substitute “ any of sections 3A to 5A ”;

• (b) after the first sentence insert—

Subsection (2)(b) shall be disregarded.

;

• (c) after the last sentence insert—

Subsection (3A) shall be disregarded.

PART 2 — Bus lane contraventions

17

• (1) Until the relevant day, section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) has effect as if in subsection (3)(b), for the words from “made an order” to the end of the paragraph there were substituted “ notified the authority in writing that it is an approved local authority for the purposes of this section (and has not withdrawn that notice). ”

• (2) In sub-paragraph (1) the “relevant day” means the day on which the repeal of section 144 of the Transport Act 2000 by Part 1 of Schedule 12 to the Traffic Management Act 2004 comes into force in relation to England.

18

• (1) Sub-paragraph (2) applies to any authority which, immediately before paragraph 17 comes into force, is specified in an order under section 144(3)(b) of the Transport Act 2000 as an approved local authority for the purposes of section 144 of that Act.

• (2) The authority is to be treated, on and after the date on which paragraph 17 comes into force, as having been notified in writing by the Secretary of State that it is an approved local authority for the purposes of section 144 of the Transport Act 2000.

19

In paragraph 9 of Schedule 8 to the Traffic Management Act 2004 (designation of civil enforcement areas for bus lane contraventions), after sub-paragraph (3) insert—

(3A) A notice given (and not withdrawn) before the commencement of this Part of this Act approving a local authority in England for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) has effect on and after the commencement of this Part of this Act (in relation to England) as an order under this paragraph designating as a civil enforcement area for bus lane contraventions so much of that authority's area as is a civil enforcement area for parking contraventions.

SCHEDULE 12

1

The London Local Authorities Act 2007 is amended as follows.

2

In section 20 (regulations relating to receptacles for household waste), in subsection (9), for “46(2) to (6)” substitute “ 46(2) to (5) ”.

3

After section 20 insert—