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Deregulation Act 2015

Type Public General Act

Publication 2015-03-26

Last updated 2025-09-10

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(20A) (1) This section applies where a borough council is satisfied that— (a) a person has failed without reasonable excuse to comply with a requirement imposed by regulations made under section 20(1), and (b) the person's failure to comply— (i) has caused, or is or was likely to cause, a nuisance, or (ii) has been, or is or was likely to be, detrimental to any amenities of the locality. (2) Where this section applies, the borough council may serve a written warning on the person. (3) A written warning must— (a) identify the requirement with which the person has failed to comply, (b) explain the nature of the failure to comply, (c) explain how the failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b), (d) if the failure to comply is continuing, specify the period within which the requirement must be complied with and explain the consequences of the requirement not being complied with within that period, and (e) whether or not the failure to comply is continuing, explain the consequences of the person subsequently failing to comply with the same or a similar requirement. (4) Where a written warning has been served in respect of a failure to comply that is continuing, the borough council may require the person on whom the written warning was served to pay a penalty charge if satisfied that the person has failed to comply with the requirement identified in the warning within the period specified by virtue of subsection (3)(d). (5) Where a person has been required to pay a penalty charge under subsection (4) and that requirement has not been withdrawn on appeal, the borough council may require the person to pay a further penalty charge if satisfied that the failure to comply is still continuing at the end of a relevant period which falls within the period of one year beginning with the day the written warning was served. (6) For the purposes of subsection (5)— (a) a “relevant period” is a period beginning with the day a final notice is served on the person under section 20C(5) in respect of the failure to comply that is continuing and ending with— (i) where the person appeals against the requirement to pay a penalty charge imposed by that final notice, the day on which the appeal that is the final appeal made by the person against the requirement is dismissed or withdrawn; (ii) where the person does not appeal, the day on which the period for appealing expires; (b) there is no relevant period where the person appeals as mentioned in paragraph (a)(i) and the requirement to pay the penalty charge is withdrawn on appeal. (7) Where a written warning has been served, whether or not in respect of a failure to comply that is continuing, the borough council may require the person on whom the written warning was served to pay a penalty charge if satisfied that, within the period of one year beginning with the day the written warning was served— (a) the person has again failed without reasonable excuse to comply with the requirement identified in the warning and the person's failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b), or (b) the person has failed without reasonable excuse to comply with a requirement that is similar to the one identified in the warning and the person's failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b). (8) A borough council may require a person to pay a penalty charge under subsection (5) or (7) each time that the borough council is satisfied of the matters mentioned in the subsection. (9) A borough council imposing a requirement to pay a penalty charge under subsection (4), (5) or (7) must act in accordance with section 20C. (10) In this section and sections 20C and 20D a “penalty charge” means a monetary penalty of an amount determined in accordance with section 20B. (20B) (1) It is to be the duty of the borough councils to set the levels of penalty charges payable to them under section 20A. (2) Different levels may be set for different areas in Greater London and for different cases or classes of case. (3) The borough councils may make provision for treating a penalty charge which is payable under section 20A as having been paid if a lesser amount is received by the relevant council before the end of a period specified by the borough councils. (4) The Secretary of State may by regulations make provision in connection with the functions conferred on the borough councils under subsections (1) and (3). (5) Regulations under subsection (4) may (in particular)— (a) require the levels of penalty charges to fall within a range prescribed in the regulations; (b) restrict the extent to which, and the circumstances in which, the borough councils may make provision under subsection (3). (6) The borough councils must publish, in such manner as the Secretary of State may determine, the levels of penalty charges which have been set by the councils in accordance with this section. (7) The functions conferred on the borough councils by subsections (1), (3) and (6) are to be discharged by a joint committee within the meaning of Part 4 (see section 60(1)). (20C) (1) Before requiring a person to pay a penalty charge under section 20A, a borough council must serve on the person notice of intention to do so (a “notice of intent”) in accordance with subsections (2) to (4). (2) A notice of intent must contain information about— (a) the grounds for proposing to require payment of a penalty charge, (b) the amount of the penalty charge that the person would be required to pay, and (c) the right to make representations under subsection (3). (3) A person on whom a notice of intent is served may make representations to the borough council as to why payment of a penalty charge should not be required. (4) Representations under subsection (3) must be made within the period of 28 days beginning with the day service of the notice of intent is effected. (5) In order to require a person to pay a penalty charge under section 20A, a borough council must serve on the person a further notice (the “final notice”) in accordance with subsections (6) to (8). (6) A final notice may not be served on a person by a borough council before the expiry of the period of 28 days beginning with the day service of the notice of intent on the person was effected. (7) Before serving a final notice on a person, a borough council must consider any representations made by the person under subsection (3). (8) The final notice must contain information about— (a) the grounds for requiring payment of a penalty charge, (b) the amount of the penalty charge, (c) how payment may be made, (d) the period within which payment is required to be made (which must not be less than the period of 28 days beginning with the day service of the final notice is effected), (e) any provision giving a discount for early payment made by virtue of section 20B(3), (f) the right to appeal by virtue of section 20D, and (g) the consequences of not paying the penalty charge. (20D) (1) Regulations made by the Lord Chancellor under section 62(2) may make provision relating to appeals to an adjudicator against a decision under section 20A to require a person to pay a penalty charge. (2) Until such time as regulations made by virtue of subsection (1) are in force, regulations under section 80 of the Traffic Management Act 2004 are to apply in relation to appeals of the type described in subsection (1) with such modifications as are prescribed in regulations made by the Secretary of State. (3) For the purposes of subsection (2), the functions of adjudicators under the regulations as so applied are to be discharged by the persons appointed under regulations made under section 81 of the Traffic Management Act 2004 as adjudicators for the purposes of Part 6 of that Act. (4) Penalty charges payable under section 20A are penalty charges for the purposes of section 64 and, for the purposes of subsection (2)(b) of section 64, they are to be treated as if they were payable under a provision of Part 4. (5) Schedule 4 applies in relation to the administration and enforcement of section 20A as it applies in relation to the administration and enforcement of section 61.

4

(1) Section 23 (regulations relating to receptacles for waste: enforcement) is amended as follows.

(2) In subsection (2), omit “subsection (1) of section 20 (regulations relating to receptacles for household waste) or”.

(3) In subsection (4)—

(a) omit paragraph (e);

(b) in paragraph (f), omit “subsection (4) of the said section 20 or” and omit “as the case may be”.

(4) In the heading, after “receptacles for” insert “ commercial or industrial ”.

SCHEDULE 13

PART 1 — Destructive imported animals

Destructive Imported Animals Act 1932 (c. 12)

1

(1) Section 10 of the Destructive Imported Animals Act 1932 (power to extend provisions of Act to other destructive non-indigenous animals) is amended as follows.

(2) In subsection (1), after “and to destroy any which may be at large” insert “ or keep under review whether any which may be at large should be destroyed ”.

(3) After subsection (1) insert—

(1A) The power in subsection (1) (like the power in subsection (1) of section one of this Act) includes power to revoke or amend an order made under that subsection.

Grey Squirrels (Prohibition of Importation and Keeping) Order 1937 (S.I. 1937/478)

2

(1) Article 1 of the Grey Squirrels (Prohibition of Importation and Keeping) Order 1937 is amended as follows.

(2) The existing text becomes paragraph (1).

(3) After that paragraph insert—

(2) In the application of the Destructive Imported Animals Act 1932 in relation to animals of that species, there shall be omitted— (a) section 5(2), and (b) in section 6(1), paragraph (f) and the reference to a penalty in the case of an offence under paragraph (f).

PART 2 — Farriers

Constitution of Farriers Registration Council

3

In Part 1 of Schedule 1 to the Farriers (Registration) Act 1975 (constitution of the Farriers Registration Council), in paragraph 1(f)—

(a) for “The Jockey Club” substitute “ The British Horseracing Authority Limited ”;

(b) for “The Council for Small Industries in Rural Areas” substitute “ Lantra (the company registered in England and Wales with the company registration number 2823181) ”.

PART 3 — Joint waste authorities

Removal of power to establish joint waste authorities in England

4

In the Local Government and Public Involvement in Health Act 2007, in Part 11 (joint waste authorities), omit sections 205 to 208 (provisions relating to the establishment of joint waste authorities in England).

5

The provisions repealed by paragraph 4 continue to have effect for the purposes of the exercise by the Welsh Ministers of the power conferred on them by section 210 of the Local Government and Public Involvement in Health Act 2007 (power by order to make provision in relation to Wales applying any provisions of sections 205 to 208 with modifications).

6

(1) The following amendments are made in consequence of paragraph 4.

(2) In the Landlord and Tenant Act 1954, in section 69(1), in the definition of “local authority”, omit the words from “an authority” to “(joint waste authorities),”.

(3) In the Trustee Investments Act 1961, in section 11(4)(a), omit the words from “, an authority” to “(joint waste authorities)”.

(4) In the Leasehold Reform Act 1967, in section 28(5)(a), omit the words from “any authority” to “(joint waste authorities),”.

(5) In the Employers' Liability (Compulsory Insurance) Act 1969, in section 3(2)(b), omit the words from “an authority” to “(joint waste authorities),”.

(6) In the Local Authorities (Goods and Services) Act 1970, in section 1(4), in the definition of “local authority”, omit the words from “, any authority” to “(joint waste authorities)”.

(7) In the Local Government Act 1972—

(a) in section 70(1) and (3), for “, combined authority or joint waste authority” substitute “ or combined authority ”;

(b) in section 80(2)(b), omit “, joint waste authority”;

(d) in section 86(2), for “, a combined authority and a joint waste authority” substitute “ and a combined authority ”;

(e) in section 92, omit subsections (7A) and (7B);

(f) in section 100J—

(i) in subsection (1), omit paragraph (ba);

(ii) in subsection (2), omit “(ba),”;

(iii) in subsection (2B), omit paragraph (a);

(iv) in subsection (3), omit “(ba),”;

(v) in subsection (4)(a), omit “, a joint waste authority”;

(g) in section 101(13), omit “a joint waste authority,”;

(h) in section 146A(1), omit “a joint waste authority,”;

(i) in section 175(3B), omit “, a joint waste authority”;

(j) in section 176(3), omit “, a joint waste authority”;

(k) in section 223(2), omit “a joint waste authority,”;

(l) in section 224(2), for “, combined authority or joint waste authority” substitute “ or combined authority ”;

(m) in section 225(3), for “, a combined authority and a joint waste authority” substitute “ and a combined authority ”;

(n) in section 228, omit subsection (7B);

(o) in section 229(8), omit “, a joint waste authority”;

(p) in section 230(2), for “, a combined authority and a joint waste authority” substitute “ and a combined authority ”;

(q) in section 231(4), omit “, a joint waste authority”;

(r) in section 232(1A), omit “, a joint waste authority”;

(s) in section 233(11), omit “, a joint waste authority”;

(t) in section 234(4), omit “, a joint waste authority”;

(u) in section 239(4A), for “, a combined authority and a joint waste authority” substitute “ and a combined authority ”;

(v) in section 270(1), omit the definition of “joint waste authority”.

(8) In the Employment Agencies Act 1973, in section 13(7), omit paragraph (fza).

(9) In the Local Government Act 1974—

(a) in section 25(1), omit paragraph (cd);

(b) in section 26C(6), omit paragraph (d).

(10) In the Health and Safety at Work etc. Act 1974, in section 28(6), omit the words from “, an authority” to “(joint waste authorities)”.

(11) In the Local Government (Miscellaneous Provisions) Act 1976, in section 44(1), in the definition of “local authority”—

(a) in paragraph (a), omit the words from “, an authority” to “(joint waste authorities)”;

(b) in paragraph (c), omit the words from “an authority” (in the second place where it occurs) to “(joint waste authorities),”.

(12) In the Rent (Agriculture) Act 1976, in section 5(3), omit paragraph (bba).

(13) In the Rent Act 1977, in section 14(1), omit paragraph (cba).

(14) In the Local Government, Planning and Land Act 1980—

(a) in section 2(1), omit paragraph (kaa);

(b) in section 98(8A), omit paragraph (ea) (but not the “and” following it);

(d) in section 100(1)(a), for the words from “, a combined authority” to “(joint waste authorities)” substitute “ or a combined authority established under section 103 of that Act ”;

(e) in Schedule 16, omit paragraph 5BA.

(15) In the Acquisition of Land Act 1981, in section 17(4), in paragraph (a) of the definition of “local authority”, for the words from “, a combined authority” to the end of the paragraph substitute “ or a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 ”.

(16) In the Local Government (Miscellaneous Provisions) Act 1982—

(a) in section 33(9)(a), for the words from “, a combined authority” to “(joint waste authorities)” substitute “ or a combined authority established under section 103 of that Act ”;

(b) in section 33(9)(b), for “, combined authority or joint waste authority” substitute “ or combined authority ”;

(17) In the Stock Transfer Act 1982, in Schedule 1, in paragraph 7(2)(a), omit the words from “, an authority” to “(joint waste authorities)”.

(18) In the County Courts Act 1984, in section 60(3), in the definition of “local authority”, omit the words from “an authority” to “(joint waste authorities),”.

(19) In the Housing Act 1985, in section 4—

(a) in subsection (1)(e), omit “, a joint waste authority” (in both places it occurs);

(b) in subsection (2), omit the definition of “joint waste authority”.

(20) In the Landlord and Tenant Act 1985, in section 38, in the definition of “local authority”, omit the words from “, an authority” to “(joint waste authorities)”.

(21) In the Local Government Act 1988, in Schedule 2, omit the entry relating to an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007.

(22) In the Housing Act 1988, in Schedule 1, in paragraph 12(1), omit paragraph (fa).

(23) In the Road Traffic Act 1988, in section 144(2)(a)(i), omit the words from “an authority” to “(joint waste authorities),”.

(24) In the Local Government and Housing Act 1989—

(a) in section 21(1), omit paragraph (ga);

(b) in section 152(2), omit paragraph (ia).

(25) In the Environmental Protection Act 1990, in section 52(1A), omit the words from “or any authority” to the end of the subsection.

(26) In the Local Government (Overseas Assistance) Act 1993, in section 1(10), omit paragraph (da).

(27) In the Deregulation and Contracting Out Act 1994, in section 79A, omit paragraph (p).

(28) In the Housing Grants, Construction and Regeneration Act 1996, in section 3(2), omit paragraph (ja).

(29) If paragraph 4 comes into force before the coming into force of the repeal of the Audit Commission Act 1998 by section 1(2) of the Local Audit and Accountability Act 2014, Schedule 2 to the Act of 1998 is to have effect (until the repeal comes into force) as if, in paragraph 1, paragraph (ma) were omitted.

(30) In the Local Government Act 1999, in section 1(1), omit paragraph (ga).

(31) In the Freedom of Information Act 2000, in Schedule 1, omit paragraph 15A.

(32) In the Local Government Act 2003—

(a) in section 23(1), omit paragraph (ka);

(b) in section 33(1), omit paragraph (ja).

(33) In the Waste and Emissions Trading Act 2003, in section 24—

(a) in subsection (5), for the words before “ “waste disposal authority”” substitute “ In this Chapter ”;

(b) omit subsections (6) and (7).

(34) In the Local Government and Public Involvement in Health Act 2007—

(a) in section 104(2), omit paragraph (g);

(b) omit sections 209 and 211 and Schedule 13;

(35) In the Local Democracy, Economic Development and Construction Act 2009—

(a) in section 35(2), omit paragraph (m);

(b) in section 123(2), omit paragraph (f).

(36) In the Energy Act 2013, in Part 3 of Schedule 9, in the definition of “local authority” in paragraph 14(3), omit paragraph (b).

(37) In the Local Audit and Accountability Act 2014, in Schedule 2, omit paragraph 25.

PART 4 — Air quality

Removal of duty to conduct further air quality assessments

7

In the Environment Act 1995, in section 84 (duties of local authorities in relation to designated areas)—

(a) omit subsection (1) (duty of local authority to cause further assessment to be made in relation to air quality in designated air quality management area);

(b) in subsection (2), for the words from the beginning to “to” at the beginning of paragraph (b) substitute “ Where an order under section 83 above comes into operation, the local authority which made the order shall ”.

8

(1) The following amendments are made in consequence of paragraph 7.

(2) In the Environment Act 1995—

(a) in section 86(2)(b), omit “or 84”;

(b) in section 91(1), in the definition of “action plan”, for “84(2)(b)” substitute “ 84(2) ”;

PART 5 — Noise abatement zones

Removal of power of local authorities to designate area as noise abatement zone

9

Part 3 of the Control of Pollution Act 1974 (noise) is amended in accordance with paragraphs 10 to 14.

10

Omit section 57 (local authority duty to conduct periodical inspections to decide how to exercise powers concerning noise abatement zones).

11

Omit sections 63 to 67 (noise abatement zones).

12

Omit section 69 (execution of works by local authority).

13

In section 73 (interpretation and other supplementary provisions)—

(a) in subsection (1), omit the definitions of “noise abatement order”, “noise abatement zone”, “noise level register”, “noise reduction notice” and “person responsible”;

(b) in subsection (2), for “sections 62 to 67” (in both places where it occurs) substitute “ section 62 ”.

14

Omit Schedule 1 (provisions applying to coming into operation of noise abatement orders).

15

(1) The following repeals are made in consequence of paragraphs 11 and 14.

(2) In the Control of Pollution Act 1974, in section 104(1), omit the words from “(except sections” to “65(6))”.

(3) In the Local Government, Planning and Land Act 1980, in Schedule 2, omit paragraphs 14 and 18.

(4) In the Environmental Protection Act 1990, in Schedule 15, omit paragraph 15(4).

SCHEDULE 14

PART 1 — Main amendments

1

Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 (the Chief Executive of Skills Funding) is amended as follows.

2

Omit section 81 (the Chief Executive of Skills Funding) and the italic cross-heading before it.

3

Omit section 82 (apprenticeship functions) and the italic cross-heading before it.

4

In section 83 (apprenticeship training for certain young persons), in each of subsections (1) to (3), for “Chief Executive” substitute “ Secretary of State ”.

5

(1) Section 83A (the apprenticeship offer) is amended as follows.

(2) In each of subsections (1) and (9), for “Chief Executive” substitute “ Secretary of State ”.

(3) Omit subsection (10).

6

In section 83B (limit on scope of the apprenticeship offer), in each of subsections (1) and (5), for “Chief Executive” substitute “ Secretary of State ”.

7

Omit section 84 (arrangements and co-operation with local authorities).

8

Omit section 85 (provision of apprenticeship training etc for persons within section 83 or 83A).

9

(1) Section 86 (education and training for persons aged 19 or over and others subject to adult detention) is amended as follows.

(2) In subsection (1), for the words from “The” to “facilities” substitute “ The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate ”.

(3) Omit subsections (3), (4) and (8).

10

(1) Section 87 (learning aims for persons aged 19 or over: provision of facilities) is amended as follows.

(2) In subsection (1), for the words from “The” to “facilities” substitute “ The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate ”.

(3) In subsection (3)(b), for “Chief Executive” substitute “ Secretary of State ”.

(4) Omit subsections (4) and (5).

11

In section 88 (learning aims for persons aged 19 or over: payment of tuition fees), in each of subsections (1), (2), (2A), (3), (4) and (6)(a), for “Chief Executive” substitute “ Secretary of State ”.

12

In section 90 (encouragement of education and training for certain persons), in subsection (1)—

(a) for “Chief Executive” substitute “ Secretary of State ”;

(b) for “Chief Executive's remit” (in each place where it occurs) substitute “ Secretary of State's remit under this Part ”.

13

(1) Section 100 (provision of financial resources) is amended as follows.

(2) In subsection (1)—

(a) in the opening words, for “Chief Executive” substitute “ Secretary of State ”;

(b) in paragraph (a), for “Chief Executive's remit” substitute “ Secretary of State's remit under this Part ”;

(3) Omit subsection (2).

(4) In subsection (3)—

(a) in the opening words, for “Chief Executive” substitute “ Secretary of State ”;

(b) in paragraph (c), for “Chief Executive” substitute “ Secretary of State ”.

(5) In subsection (4), for “Chief Executive” substitute “ Secretary of State ”.

14

(1) Section 101 (financial resources: conditions) is amended as follows.

(2) In subsection (1), for “by the Chief Executive” substitute “ by the Secretary of State under section 100 ”.

(3) In subsection (3)—

(a) in paragraph (a), for “Chief Executive” (in each place where it occurs) substitute “ Secretary of State ”;

(b) in paragraph (b)—

(i) for “Chief Executive” (in each place where it occurs) substitute “ Secretary of State ”;

(ii) for “the functions of the office” substitute “ functions under this Part ”.

(4) In subsection (6)—

(a) in paragraph (a), for “Chief Executive” (in each place where it occurs) substitute “ Secretary of State ”;

(b) in paragraph (b), for “Chief Executive” substitute “ Secretary of State ”.

15

(1) Section 102 (performance assessments) is amended as follows.

(2) In subsection (1)—

(a) for “Chief Executive” substitute “ Secretary of State ”;

(b) for “Chief Executive's remit” substitute “ Secretary of State's remit under this Part ”.

(3) In subsection (2), for “Chief Executive” substitute “ Secretary of State ”.

16

(1) Section 103 (means tests) is amended as follows.

(2) In subsection (1), for “The Chief Executive” substitute “ For the purpose of the exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of State ”.

(3) Omit subsection (2).

17

In section 105 (promoting progression from level 2 to level 3 apprenticeships), in each of subsections (1) and (6), for “Chief Executive” substitute “ Secretary of State ”.

18

Omit section 106 (advice and assistance in relation to apprenticeships).

19

(1) Section 107 (provision of services) is amended as follows.

(2) In each of subsections (1) and (3) for “Chief Executive” (in each place where it occurs) substitute “ Secretary of State ”.

(3) In subsection (4), omit paragraph (a).

(4) Omit subsection (5).

(5) In subsection (6), for “Chief Executive” substitute “ Secretary of State ”.

20

Omit sections 108 and 109 (advice and assistance with respect to employment and training).

21

Omit section 110 (research, information and advice) and the italic cross-heading before it.

22

Omit section 111 (power to confer supplementary functions on Chief Executive).

23

In section 115 (persons with special educational needs), in subsection (1)—

(a) for “Chief Executive” substitute “ Secretary of State ”;

(b) for “the functions of the office” substitute “ functions under this Part ”.

24

In section 116 (persons subject to adult detention)—

(a) for “Chief Executive” substitute “ Secretary of State ”;

(b) for “the functions of the office” substitute “ functions under this Part ”.

25

Omit sections 117 to 120 (information, guidance and directions).

26

Before section 121 (in Chapter 4) insert—

(120A) The functions of the Secretary of State under this Part, other than the functions conferred by section 107, are exercisable in relation to England only.

27

(1) Section 121 (interpretation) is amended as follows.

(2) In subsection (1), omit the definition of “functions of the office”.

(3) In each of subsections (2) and (3), for “the Chief Executive's remit” substitute “ the Secretary of State's remit under this Part ”.

28

In section 122 (sharing of information for education and training purposes)—

(a) omit subsection (3)(a), (c), (d) and (e);

(b) in subsection (3)(f), for “any person within paragraphs (a) to (c)” substitute “ the Secretary of State ”;

(d) omit subsection (6).

29

Omit Schedule 4 (which makes provision for the establishment etc of the office of the Chief Executive).

30

In Schedule 5 (learning aims for persons aged 19 or over)—

(a) in paragraph 3(2), for “Chief Executive” (in each place where it occurs) substitute “ Secretary of State ”;

(b) in paragraph 8, omit paragraph (a).

31

In consequence of the amendments made by this Schedule to Part 4—

(a) for the title of the Part substitute “ Apprenticeships and adult education and training: role of Secretary of State ”;

(b) for the title of Chapter 1 substitute “ Apprenticeships and adult education and training ”;

(d) in the title of Chapter 3, omit “Chief Executive's functions:”.

PART 2 — Consequential Amendments

Parliamentary Commissioner Act 1967 (c.13)

32

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit the entry for the Chief Executive of Skills Funding.

Education (Fees and Awards) Act 1983 (c.40)

33

In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities and other further education establishments), in subsection (3)(f), omit “or the Chief Executive of Skills Funding”.

Employment Act 1988 (c.19)

34

In section 26 of the Employment Act 1988 (status of trainees etc), in subsection (1A), omit paragraph (b) (but not the “or” following it).

Education Reform Act 1988 (c.40)

35

In section 128 of the Education Reform Act 1988 (dissolution of higher education corporations), in subsection (1), omit paragraph (b)(iia).

Further and Higher Education Act 1992 (c.13)

36

The Further and Higher Education Act 1992 is amended as follows.

37

In section 54 (duty to give information), in subsection (1)—

(a) for “the Chief Executive of Skills Funding” substitute “ the Secretary of State ”;

(b) for “as the Chief Executive” substitute “ as the Secretary of State ”;

(c) for the words from “for the purposes of” to “or (as the case may be)” substitute “ for the purposes of the exercise of any of the functions of the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 or (as the case may be) for the purposes of the exercise of any of the functions of ”.

38

Omit section 61A (references to appropriate bodies).

39

In section 82 (joint exercise of functions), in subsection (3)(a), omit “the Chief Executive of Skills Funding,”.

40

In section 83 (efficiency studies), in the Table inserted by subsection (1B), in the first column, for “The Chief Executive of Skills Funding” substitute “ The Secretary of State ”.

Value Added Tax Act 1994 (c.23)

41

(1) In Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemptions), Group 6 is amended as follows.

(2) In item 5A, omit paragraph (b), and the “or” following it.

(3) After item 5B insert—

(5C) The provision of education or vocational training and the supply, by the person providing that education or training, of any goods or services essential to that provision, to persons who are aged 19 or over, to the extent that the consideration payable is ultimately a charge to funds provided by the Secretary of State in exercise of functions under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009.

(4) In the Notes to Group 6, in Note (5A), for “and 5B” substitute “ to 5C ”.

Education Act 1996 (c.56)

42

The Education Act 1996 is amended as follows.

43

In section 13 (general responsibility for education), in subsection (2)(a), for “the Chief Executive of Skills Funding” substitute “ the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 ”.

44

In section 15ZA (duty in respect of education and training for persons over compulsory school age: England), in subsection (5), for “the Chief Executive of Skills Funding” substitute “ the Secretary of State ”.

Learning and Skills Act 2000 (c.21)

45

In section 144 of the Learning and Skills Act 2000 (designated institutions: disposal of land, &c), in subsection (9)—

(a) in paragraph (a), omit “for the purposes of a sixth form college”;

(b) omit paragraph (aa).

Education Act 2002 (c.32)

46

In section 183 of the Education Act 2002 (transfer of functions relating to allowances under section 181), in subsection (1)—

(a) omit paragraph (a);

(b) omit the “or” at the end of paragraph (aa).

Education Act 2005 (c.18)

47

The Education Act 2005 is amended as follows.

48

In section 92 (joint exercise of functions), in subsection (2), omit “, the Chief Executive of Skills Funding”.

49

In section 108 (supply of information: education maintenance allowances), in subsection (3), omit paragraph (b).

Education and Inspections Act 2006 (c.40)

50

The Education and Inspections Act 2006 is amended as follows.

51

In section 123 (education and training to which this Chapter applies), in subsection (1), in each of paragraphs (b), (c) and (g), omit “or the Chief Executive”.

52

In section 124 (inspection of education and training to which this Chapter applies), in subsection (5), omit paragraph (ba).

53

In section 125 (inspection of further education institutions), in subsection (5), omit paragraph (ba) (but not the “and” following it).

54

In section 126 (other inspections), in subsection (4), omit paragraph (ba).

55

In section 128 (area inspections), in subsection (3), omit paragraph (aa) (but not the “or” following it).

56

In section 129 (reports of area inspections), in subsection (2), omit paragraph (ba) (but not the “and” following it).

57

(1) Section 130 (action plans following area inspections) is amended as follows.

(2) Omit subsection (2).

(3) In subsection (4)—

(a) omit “(2) or”;

(b) omit “the Chief Executive or”.

(4) In subsection (5), omit “Chief Executive or the”.

58

In section 159 (interpretation of Part 8), in subsection (1), omit the definition of “the Chief Executive”.

Local Government and Public Involvement in Health Act 2007 (c.28)

59

In section 104 of the Local Government and Public Involvement in Health Act 2007 (application of Chapter: partner authorities), in subsection (4), omit paragraph (f).

Education and Skills Act 2008 (c.25)

60

The Education and Skills Act 2008 is amended as follows.

61

In section 13 (notification of non-compliance with duty imposed by section 2), in subsection (5), in paragraph (f) of the definition of “educational institution”, for “, the Secretary of State or the Chief Executive of Skills Funding” substitute “ or the Secretary of State ”.

62

In section 72 (educational institutions), in subsection (5), in paragraph (f) of the definition of “educational institution”, for “the Secretary of State or the Chief Executive of Skills Funding” substitute “ or the Secretary of State ”.

63

In section 77 (supply of information by public bodies), omit subsection (2)(ba).

64

In section 132 (providers of independent education or training for 16 to 18 year olds), in subsection (2)(b)(iv), omit “or the Chief Executive of Skills Funding”.

Education Act 2011 (c.21)

65

In the Education Act 2011, omit the following—

(a) section 30(8);

(b) section 70;

(d) in Schedule 18, paragraphs 4 and 6.

SCHEDULE 15

PART 1 — Measures applying to England and Wales

Control of interest rates on loans

1

In the Further Education Act 1985, omit section 3 (which confers powers on the Secretary of State and the Welsh Ministers to determine the minimum rate of interest on loans made under that Act by local authorities to certain bodies providing education etc).

Powers of Secretary of State in relation to local authority maintained institutions

2

(1) The Education (No. 2) Act 1986 is amended as follows.

(2) Omit section 61 (which makes provision about the minimum age for governors of higher or further education institutions maintained by local authorities and about the participation of students in proceedings of governing bodies of such institutions).

(3) Omit section 62 (which confers powers on the Secretary of State and the Welsh Ministers to make provision by regulations requiring governing bodies of higher or further education institutions maintained by local authorities to make documents and information relating to the governing bodies available).

3

(1) The Education Reform Act 1988 is amended as follows.

(2) Omit section 158 (which requires the governing bodies of institutions providing full-time education which are maintained by local authorities in the exercise of their higher or further education functions to make reports and returns etc to the Secretary of State or the Welsh Ministers on request).

(3) Omit section 159 (which confers powers on the Secretary of State and the Welsh Ministers to make provision by regulations requiring local authorities to publish information relating to institutions providing full-time education which are maintained by the authorities in the exercise of their higher or further education functions).

(4) Omit section 219 (which confers default powers etc on the Secretary of State and the Welsh Ministers in relation to governing bodies of institutions maintained by local authorities and providing higher or further education).

Transfer of property etc

4

(1) The Further and Higher Education Act 1992 is amended as follows.

(2) Omit sections 23 to 26 (which make provision about the transfer of property etc to further education corporations established to conduct certain other institutions in the education sector).

(3) Omit sections 32 and 33 (which make provision about the transfer of property etc to institutions designated under section 28 of the 1992 Act).

(4) Omit section 34 (which confers power on the Secretary of State and the Welsh Ministers by order to provide for property of a local authority to be made available for use by institutions within the further education sector).

(5) In consequence of sub-paragraphs (2) to (4)—

(a) in section 19(4)(c), for “23” substitute “ 27 ”;

(b) omit section 35;

(d) omit section 38;

(e) omit section 58;

(f) in section 84—

(i) in subsection (1)(a), omit “Part 1 of this Act or”;

(ii) in subsection (2), omit “Part 1 of this Act or, as the case may be,”;

(g) in section 88(1)—

(i) omit “23, 25,”;

(ii) omit “32,”;

(h) in section 88A(1)—

(i) omit “25,”;

(ii) omit “32,”;

(i) omit Schedule 5.

PART 2 — Measures applying to England only

Control of governance of designated institutions conducted by companies

5

(1) Section 31 of the Further and Higher Education Act 1992 (which confers powers on the Secretary of State and the Welsh Ministers to give directions for the purpose of securing that the articles of association etc of institutions designated under section 28 of that Act and conducted by companies are amended as specified in the directions) ceases to have effect in relation to England.

(2) Accordingly, in section 31(1), after “designated institution”, insert “ in Wales ”.

Conversion of sixth form college corporations into further education corporations

6

In section 33D of the Further and Higher Education Act 1992 (conversion of sixth form college corporations into further education corporations)—

(a) omit subsection (2)(b) (which confers power on the Secretary of State to covert a sixth form college corporation established in England into a further education corporation if satisfied that it is no longer appropriate for the body to be a sixth form college corporation), and the “or” before it;

(b) omit subsection (4) (which makes provision about consultation before the exercise of the power for that purpose).

Powers of Secretary of State in relation to local authority maintained institutions

7

In section 56A of the Further and Higher Education Act 1992 (intervention powers of the Secretary of State in relation to England), for subsection (1) substitute—

(1) This section applies if the Secretary of State is satisfied as to one or more of the matters listed in subsection (2) in the case of— (a) an institution in England within the further education sector, other than a sixth form college, or (b) an institution in England which is maintained by a local authority and provides further education, other than an institution within the higher education sector, and, in either case, it is immaterial whether or not a complaint is made by any person.

Regulation of qualification requirements for teaching staff and principals

8

(1) The following provisions of the Education Act 2002 cease to have effect in relation to England—

(a) section 136(a) (which allows regulations to be made prohibiting the provision of education at a further education institution by a person who does not have a specified qualification);

(b) section 136(b) (which allows regulations to be made prohibiting the provision of education at a further education institution by a person unless the person is serving or has served a probationary period);

(c) section 137 (which allows regulations to be made providing that a person may serve as the principal of a further education institution only if the person has a specified qualification);

(d) section 138 (which makes further provision for the purposes of sections 136 and 137).

(2) Accordingly, those provisions are amended as follows—

(a) in section 136(a), after “further education institution” insert “ in Wales ”;

(b) in section 136(b), after “further education institution” insert “ in Wales ”;

(d) in section 138, omit subsection (2).

SCHEDULE 16

Responsibility for determining behaviour policy

1

(1) Section 88 of the Education and Inspections Act 2006 (responsibility of governing body for discipline) is amended as follows.

(2) Before subsection (1) insert—

(A1) The governing body of a relevant school in England must ensure that the head teacher determines measures under section 89(1).

(3) In subsection (1), after “relevant school” insert “ in Wales ”.

(4) In subsection (2), after “governing body” insert “ of a relevant school in Wales ”.

(5) In subsection (4)—

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

(b) in paragraph (b), omit “in relation to Wales,”.

(6) In consequence of the amendments made to section 88, in section 89 of the 2006 Act (determination by head teacher of behaviour policy)—

(a) omit subsection (2);

(b) in subsection (3), omit “, so far as it is not determined by the governing body”.

Home-school agreements

2

(1) Omit sections 110 and 111 of the School Standards and Framework Act 1998 (which require the governing bodies of certain schools to adopt home-school agreements), and the italic cross-heading before those sections.

(2) In consequence of sub-paragraph (1)—

(a) in section 138(4)(a) of that Act, omit “, 110(10)”;

(b) in the Learning and Skills Act 2000, in Schedule 9, omit paragraph 85;

(d) in the Education Act 2011, in Schedule 13, omit paragraph 10(9).

Determining school terms

3

(1) Section 32 of the Education Act 2002 (responsibility for fixing dates of terms and holidays and times of sessions) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2), for the words from “In the case of” to “governing body” substitute “ The governing body of a maintained school in England ”.

(4) In subsection (3), in paragraph (a), for “a school within subsection (1)” substitute “ a community, voluntary controlled or community special school in England ”.

Staffing matters

4

(1) Section 35(8) of the Education Act 2002 (which requires local authorities etc to have regard to guidance in relation to certain staffing matters at community, voluntary controlled and community special schools and maintained nursery schools) ceases to have effect in relation to schools in England.

(2) Accordingly, in section 35(8)—

(a) after “local authority” insert “ in Wales ”;

(b) after “maintained school” insert “ in Wales ”;

(d) in paragraph (b), omit “in relation to Wales,”.

5

(1) Section 36(8) of the Education Act 2002 (which requires local authorities etc to have regard to guidance in relation to certain staffing matters at foundation, voluntary aided and foundation special schools) ceases to have effect in relation to schools in England.

(2) Accordingly, in section 36(8)—

(a) after “local authority” insert “ in Wales ”;

(b) after “maintained school” insert “ in Wales ”;

(d) in paragraph (b), omit “in relation to Wales,”.

Publication of reports

6

(1) The Education Act 2005 is amended in accordance with sub-paragraphs (2) to (4).

(2) Omit the following provisions—

(a) section 11C(4) (provision of copies of reports relating to the investigation of certain complaints about schools);

(b) section 14A(4) (publication, and provision of copies, of interim statements about maintained schools).

(3) In section 14, for subsection (4) (publication, and provision of copies, of reports of certain general school inspections) substitute—

(4) The appropriate authority must take such steps as are reasonably practicable, within such period following the receipt by it of the report as may be prescribed, to secure that every registered parent of a registered pupil at the school is informed of the overall assessment contained in the report of the quality of education provided in the school.

(4) In section 49, for subsection (4) (publication, and provision of copies, of reports relating to denominational education and collective worship at certain schools) substitute—

(4) The governing body must take such steps as are reasonably practicable, within such period following the receipt by it of the report as may be prescribed, to secure that every registered parent of a registered pupil at the school is informed of the overall assessment contained in the report of— (a) the quality of the denominational education provided by the school, and (b) the content of the school's collective worship.

(5) In Schedule 4 to the School Information (England) Regulations 2008 (S.I. 2008/3093) (specified information to be provided on a school's website), after paragraph 3 insert—

(3A) Where the school is a voluntary or foundation school which has been designated under section 69(3) of the School Standards and Framework Act 1998 as having a religious character, information as to where and by what means parents may access the most recent report about the school sent to the governing body under section 49 of the Education Act 2005.

SCHEDULE 17

SCHEDULE 18

Licensing Act 2003 (c. 17)

1

The Licensing Act 2003 is amended as follows.

2

In section 10 (sub-delegation of functions by licensing committee etc), omit subsection (4)(a)(xi).

3

In section 115 (period of validity of personal licence), omit subsection (2)(b) and (c).

4

(1) In the italic heading before section 117 (application for grant or renewal of personal licence), omit “and renewal”.

(2) In the heading, omit “or renewal”.

(3) Omit subsection (1).

(4) In subsection (2), after “An application” insert “ by an individual ”.

(5) Omit subsections (3), (4) and (6).

5

Omit section 119 (licence continued pending renewal).

6

Omit section 121 (determination of application for renewal).

7

(1) Section 122 (notification of determinations) is amended as follows.

(2) In subsection (3), in the definition of “application” omit “or renewal”.

(3) In the definition of “objection notice” in that subsection, omit “or 121, as the case may be”.

8

In section 123 (duty to notify licensing authority of convictions during application period), omit “or renewal” in subsections (1) and (4)(a).

9

(1) Section 124 (convictions coming to light after grant or renewal) is amended as follows.

(2) In the heading, omit “or renewal”.

(3) In subsection (1), omit “or renewed”.

(4) In subsection (7), omit “or renewal” (in each place where it occurs).

10

In section 128 (duty to notify court of personal licence), omit subsection (5)(a) and (c).

11

In section 134 (licensing authority's duty to update licence document), in subsection (1)(a), omit “121 or”.

12

In section 158 (false statements made for the purpose of the Licensing Act), in subsection (1)(d), omit “or renewal”.

13

In Schedule 3 (matters to be entered in licensing register), in paragraph (w), omit “or renewal”.

14

(1) In Schedule 5 (appeals), paragraph 17 is amended as follows.

(2) In sub-paragraph (1), omit paragraph (b) and the “, or” at the end of paragraph (a).

(3) Omit sub-paragraph (3).

(4) In sub-paragraph (5), omit “or renewal”.

(5) Omit sub-paragraphs (9) to (11).

15

In section 111 of the Police Reform and Social Responsibility Act 2011 (which makes an amendment to section 121 of the Licensing Act 2003, repealed by paragraph 6 above), omit subsection (4).

SCHEDULE 19

Administration of Justice Act 1985 (c. 61)

1

The Administration of Justice Act 1985 is amended as follows.

2

(1) In section 16 (conditional licences), subsection (1) is amended as follows.

(2) For paragraph (b) substitute—

(b) when conditions under this section have been imposed on a licence under this Part previously issued to him; (ba) when conditions under paragraph 5 of Schedule 8 to the Courts and Legal Services Act 1990 have been imposed on a licence under section 53 of that Act previously issued to him;

(3) In paragraph (c), after “Part” insert “ or a licence in force under section 53 of the Courts and Legal Services Act 1990 ”.

(4) In paragraph (ca), after “24A” insert “ (including that section as applied by section 53 of the Courts and Legal Services Act 1990) ”.

(5) In paragraph (d), after “26” insert “ (including that section as applied by section 53 of the Courts and Legal Services Act 1990) ”.

(6) In paragraph (ea), after “22” insert “ (including that section as applied by section 53 of the Courts and Legal Services Act 1990) ”.

3

(1) Section 26 (proceedings in disciplinary cases) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a), after “licence” insert “ under this Part ”;

(b) in paragraph (b), for “a licence under this Part” substitute “ any relevant licence ”;

(3) After subsection (8) insert—

(9) In this section “relevant licence” means— (a) a licence under this Part, or (b) a licence under section 53 of the Courts and Legal Services Act 1990.

4

(1) Section 28 (revocation of licence on grounds of fraud or error) is amended as follows.

(2) In subsection (1)—

(a) after “a licence” insert “ under this Part ”;

(b) for “the licence” substitute “ all of the relevant licences held by that person ”.

(3) For subsection (2) substitute—

(2) Where a person has had any relevant licence which was held by him revoked because of fraud on that person's part, the person may not be issued with a licence under this Part except on the advice of the Committee given to the Council as the result of an application made by the person to the Committee.

(4) In subsection (3), for “a licence under this Part” substitute “ any relevant licence ”.

(5) After subsection (6) insert—

(7) In this section “relevant licence” has the meaning given by section 26.

5

(1) Section 33A (administration of oaths by licensed conveyancers) is amended as follows.

(2) In the heading, after “conveyancers” insert “ or licensed CLC practitioners ”.

(3) In the section, after “conveyancers” insert “ or licensed CLC practitioners ”.

6

(1) Section 34 (modification of existing enactments relating to conveyancing etc) is amended as follows.

(2) In subsection (2), after “a recognised body” insert “ which is a conveyancing services body ”.

(3) In subsection (2), after “conveyancer or” (in the second place it occurs) insert “ such a ”.

(4) In subsection (3), after “body” insert “ which is a conveyancing services body ”.

(5) After subsection (3) insert—

(4) In this section “conveyancing services body” has the meaning given by section 32A.

7

In section 39 (interpretation of Part 2), in subsection (1), at the appropriate place insert—

“licensed CLC practitioner” means a person, other than a licensed conveyancer, who holds a licence under section 53 of the Courts and Legal Services Act 1990;

8

In Schedule 3 (the Council for Licensed Conveyancers: supplementary provisions), in paragraph 2 (constitution of the Council), in sub-paragraph (1)(a)—

(a) omit the “or” at the end of sub-paragraph (i);

(b) after sub-paragraph (i) insert—

(ia) licensed CLC practitioners; or

9

(1) Schedule 6 (bodies recognised under section 32: supplementary provisions) is amended as follows.

(2) In paragraph 3 (preliminary investigation by the Investigating Committee etc)—

(a) omit the “or” at the end of sub-paragraph (1)(a)(ii);

(b) after sub-paragraph (1)(aa) insert—

(aaa) it is alleged that a manager or employee of a recognised body who is not a licensed CLC practitioner has failed to comply with any rules applicable to him by virtue of section 32; or

(3) In paragraph 3A (orders made by the Investigating Committee), in sub-paragraph (1)(b)—

(a) after “3(1)(aa)” insert “ or (aaa) ”;

(b) for “that paragraph” substitute “ paragraph 3(1)(aa) or (aaa) (as the case may be) ”.

(4) In paragraph 4 (orders made by the Discipline and Appeals Committee), in sub-paragraph (2A)—

(a) after “3(1)(aa)” insert “ or (aaa) ”;

(b) for “sub-paragraph (ii) of that paragraph” substitute “ paragraph 3(1)(aa) or (aaa) (as the case may be) ”.

(5) In paragraph 14 (examination of files), in sub-paragraph (1), after “(aa)” insert “ , (aaa) ”.

Courts and Legal Services Act 1990 (c. 41)

10

The Courts and Legal Services Act 1990 is amended as follows.

11

In section 75 (judges etc barred from legal practice), in paragraph (c), for “or licensed conveyancer” substitute “ , licensed conveyancer or licensed CLC practitioner ”.

12

In section 119 (interpretation), in subsection (1), at the appropriate place insert—

“licensed CLC practitioner” has the meaning given in section 53;

13

(1) Schedule 8 (licensed conveyancers) is amended as follows.

(2) In the heading, after “CONVEYANCERS” insert “ AND LICENSED CLC PRACTITIONERS ”.

(3) In paragraph 1 (general)—

(a) for the definition of “advocacy licence” substitute—

“advocacy licence”, “litigation licence” and “probate licence” have the meaning given by section 53;

;

(b) omit the definitions of—

(i) “litigation licence”, and

(ii) “probate licence”.

(4) In paragraph 4 (issue of licences), in sub-paragraph (3), for the words from “with respect” to “as they” substitute

with respect to— (a) any application under paragraph 3 for an advocacy licence and any advocacy licence in force under section 53; (b) any application under paragraph 3 for a litigation licence and any litigation licence in force under section 53; and (c) any application under paragraph 3 for a probate licence and any probate licence in force under section 53 (as the case may be), as they

(5) In paragraph 5 (conditional licences)—

(a) for sub-paragraph (1)(b) substitute—

(b) when conditions under this paragraph have been imposed on an advocacy, litigation or probate licence previously issued to him; (ba) when conditions under section 16 of the Act of 1985 have been imposed on a licence under Part 2 of the Act of 1985 previously issued to him;

;

(b) in sub-paragraph (1)(c), for “a licence of that kind” substitute “ an advocacy, litigation or probate licence or a licence under Part 2 of the Act of 1985 ”;

(i) after “1985” insert “ (including section 24A(1) as applied by section 53) ”;

(ii) after “that Act” insert “ (including section 26(1) as applied by section 53) ”;

(d) in sub-paragraph (6), omit the “or” after paragraph (a);

(e) in sub-paragraph (6)(b), at the beginning insert “ in the case of an applicant who is a licensed conveyancer, ”;

(f) after sub-paragraph (6)(b) insert

; or (c) for requiring the applicant to take any specified steps that will, in the opinion of the Council, be conducive to his carrying on an efficient practice as a licensed CLC practitioner,

;

(g) in sub-paragraph (6), after “paragraph (b)” insert “ or (c) ”.

(6) After paragraph 6 insert—

(6A) (1) The Council must establish and maintain, in such form as the Council may determine, a register containing the names and places of business of all persons who for the time being hold an advocacy, litigation or probate licence and are not licensed conveyancers. (2) The Council may make rules specifying the further information, including information about disciplinary measures taken, to be recorded in the register in relation to a person. (3) The Council must cause the appropriate entries and deletions to be made in the register on the issue and termination of advocacy, litigation and probate licences; and where any licence held by a person is for the time being suspended by virtue of any provision of Part 2 of the Act of 1985 as applied by this Act the Council must cause that fact to be noted in the register against that person's name. (4) Any change in a licensed CLC practitioner's place or places of business must be notified by that person to the Council within the period of fourteen days beginning with the date on which the change takes effect. (5) The Council must provide facilities for making the information contained in the entries in the register available for inspection in visible and legible form by any person during office hours and without payment. (6) A certificate signed by an officer of the Council appointed for the purpose and stating— (a) that any person does or does not, or did or did not at any time, hold an advocacy, litigation or probate licence, or (b) that any licence held by any person is or was at any time either free of conditions or subject to any particular conditions, is, unless the contrary is proved, evidence of the facts stated in the certificate; and a certificate purporting to be so signed is to be taken to have been so signed unless the contrary is proved.

(7) For paragraph 8 and the cross-heading preceding it substitute—

(8) Where a relevant licence ceases to be in force because of— (a) a direction under section 24(5) of the Act of 1985, or (b) an order under section 26(2)(a) or (c) of the Act of 1985, any other relevant licence in force with respect to that person at the time shall cease to have effect to the same extent as the licence in question.

(8) Omit paragraph 9 (removal of disqualification from holding an advocacy, litigation or probate licence).

(9) Omit paragraph 10 (revocation on grounds of error or fraud).

(10) In paragraph 21 (power to examine files)—

(a) in sub-paragraph (1)(a), after “conveyancer” insert “ or licensed CLC practitioner ”;

(b) in sub-paragraph (1), for “the licensed conveyancer” (in both places where it occurs) substitute “ the person complained of ”.

(11) In paragraph 22 (interest on clients' money), after “conveyancer” insert “ or licensed CLC practitioner ”.

Legal Services Act 2007 (c. 29)

14

The Legal Services Act 2007 is amended as follows.

15

(1) Section 104 (prevention of regulatory conflict: accounts rules) is amended as follows.

(2) In subsection (2), after “conveyancer” insert “ or licensed CLC practitioner ”.

(3) After subsection (2) insert—

(3) In this section “licensed CLC practitioner” means a person, other than a licensed conveyancer, who holds a licence under section 53 of the Courts and Legal Services Act 1990.

16

(1) In Schedule 5 (authorised persons), paragraph 11 (rights during transitional period: licensed conveyancers) is amended as follows.

(2) After sub-paragraph (1) insert—

(1A) During the transitional period every individual, not being a licensed conveyancer, who holds a licence under section 53 of the Courts and Legal Services Act 1990 is deemed to be authorised by the Council to administer oaths.

(3) In sub-paragraph (2), after “(1)” insert “ or (1A) ”.

(4) In sub-paragraph (3), in the opening words—

(a) after “and every” insert “ conveyancing services ”;

(b) after “provide conveyancing” insert “ or other ”.

(5) After sub-paragraph (3) insert—

(3A) During that period, every CLC practitioner services body recognised under section 32 of the Administration of Justice Act 1985 is deemed to be authorised by the Council to administer oaths.

(6) In sub-paragraph (4), after “(3)” insert “ or (3A) ”.

(7) For sub-paragraph (5) substitute—

(5) In this paragraph— - “CLC practitioner services body” has the meaning given by section 32B of the Administration of Justice Act 1985; - “conveyancing partnership” means a partnership at least some of the members of which are licensed conveyancers, but does not include a CLC practitioner services body; - “conveyancing services body” has the meaning given by section 32A of the Administration of Justice 1985.

(8) In sub-paragraph (6), after “licence” insert “ or a licence under section 53 of the Courts and Legal Services Act 1990 ”.

17

In Schedule 24 (index of defined expressions), at the appropriate places insert—

CLC practitioner services body	paragraph 11 of Schedule 5
conveyancing services body	paragraph 11 of Schedule 5
---	---
licensed CLC practitioner	section 104(3)
---	---

SCHEDULE 20

1

The Administration of Justice Act 1985 is amended as follows.

2

(1) Section 15 (issue of licences by the Council for Licensed Conveyancers) is amended as follows.

(2) In subsection (3)(b), for the words from “the period” to “the Council” substitute “ the period prescribed under subsection (3A) ”.

(3) After subsection (3) insert—

(3A) The Council must by rules prescribe the period that applies for the purposes of subsection (3)(b).

3

(1) Section 18 (suspension or termination of licences) is amended as follows.

(2) After subsection (2C) insert—

(2CA) Where the power conferred by paragraph 6(1) or 9(1) of Schedule 5 is exercised in relation to a recognised body by virtue of paragraph 10(1)(a) of Schedule 6, the exercise of that power shall operate immediately to suspend any licence under this Part held by a person who is a manager of the recognised body. (2CB) Where the power conferred by paragraph 6(1) or 9(1) of Schedule 5 is exercised in relation to a recognised body by virtue of paragraph 10(1)(d) of Schedule 6, the exercise of that power shall operate immediately to suspend any licence under this Part held by a person who is— (a) a manager of the recognised body, or (b) an employee of the recognised body. (2CC) Where the power conferred by paragraph 3(1) or 8(1) of Schedule 14 to the Legal Services Act 2007 is exercised in relation to a licensed body by virtue of paragraph 1(2)(d) of that Schedule, the exercise of that power shall operate immediately to suspend any licence under this Part held by a person who is— (a) a manager of the licensed body, or (b) an employee of the licensed body. (2CD) At the time when the power referred to in subsection (2CA), (2CB) or (2CC) is exercised, the Council may direct that subsection (2CA), (2CB) or (2CC) (as the case may be) is not to apply in relation to a particular licensed conveyancer. (2CE) The Council may give a direction under subsection (2CD) in relation to a licensed conveyancer only if— (a) the Council is satisfied that the licensed conveyancer did not fail to comply with the rules applicable to the recognised body by virtue of section 32, or contribute to the body's failure to comply with such rules, in a case where the Council acts by virtue of paragraph 10(1)(a) of Schedule 6, (b) the Council does not suspect the licensed conveyancer of dishonesty, in a case where the Council acts by virtue of— (i) paragraph 10(1)(d) of Schedule 6, or (ii) paragraph 1(2)(d) of Schedule 14 to the Legal Services Act 2007, (c) the Council is satisfied that the licensed conveyancer was not a manager of the recognised body when the conduct providing the basis for the exercise of the power in paragraph 6(1) or 9(1) of Schedule 5 took place, in a case where the Council acts by virtue of paragraph 10(1)(a) of Schedule 6, (d) the Council is satisfied that the licensed conveyancer was not a manager or employee of the recognised body when the conduct providing the basis for the exercise of the power in paragraph 6(1) or 9(1) of Schedule 5 is suspected of having taken place, in a case where the Council acts by virtue of paragraph 10(1)(d) of Schedule 6, and (e) the Council is satisfied that the licensed conveyancer was not a manager or employee of the licensed body when the conduct providing the basis for the exercise of the power in paragraph 3(1) or 8(1) of Schedule 14 to the Legal Services Act 2007 is suspected of having taken place, in a case where the Council acts by virtue of paragraph 1(2)(d) of Schedule 14 to that Act. (2CF) At the time when the power referred to in subsection (2CA), (2CB) or (2CC) is exercised, the Council may direct that such of the licensed conveyancers concerned as are identified in the direction may continue to act in relation to any matter specified in the direction as if their licences had not been suspended by virtue of subsection (2CA), (2CB) or (2CC) (as the case may be), subject to such conditions (if any) as the Council sees fit to impose.

(3) In subsection (2D), after “(2A)” insert “ , (2CA), (2CB) or (2CC) ”.

(4) In subsection (2G), for “High Court” substitute “ First-tier Tribunal ”.

(5) Omit subsection (2H).

4

(1) Section 19 (register of licensed conveyancers) is amended as follows.

(2) After subsection (1) insert—

(1A) The Council may make rules specifying the further information, including information about disciplinary measures taken, to be recorded in the register in relation to a person.

(3) In subsection (2), omit “accordingly”.

5

In section 20 (rules as to professional practice, conduct and discipline), omit subsection (2).

6

(1) Section 24 (preliminary investigation of disciplinary cases) is amended as follows.

(2) In subsection (10), for “High Court” substitute “ First-tier Tribunal ”.

(3) In subsection (11), for “High Court” substitute “ First-tier Tribunal ”.

(4) Omit subsection (12).

7

(1) Section 24A (determination of allegations by the Investigating Committee) is amended as follows.

(2) In subsection (8), for “High Court” substitute “ First-tier Tribunal ”.

(3) In subsection (9), for “High Court” substitute “ First-tier Tribunal ”.

(4) Omit subsection (10).

8

(1) Section 26 (proceedings in disciplinary cases) is amended as follows.

(2) For subsection (7) substitute—

(7) Where the Discipline and Appeals Committee make an order by virtue of subsection (1)— (a) the person against whom the order is made, or (b) the Council, may appeal to the First-tier Tribunal, and on any such appeal the First-tier Tribunal may make such order as it thinks fit.

(3) In subsection (7A), for “High Court” (in both places where it occurs) substitute “ First-tier Tribunal ”.

(4) Omit subsection (8).

9

In Schedule 3 (the Council for Licensed Conveyancers: supplementary provisions), in paragraph 4 (appointment of persons to Council), in sub-paragraph (2), omit “by one”.

10

(1) Schedule 6 (bodies recognised under section 32: supplementary provisions) is amended as follows.

(2) In paragraph 3A (orders made by the Investigating Committee)—

(a) in sub-paragraph (8), for “High Court” substitute “ First-tier Tribunal ”;

(b) in sub-paragraph (9), for “High Court” substitute “ First-tier Tribunal ”;

(3) In paragraph 6 (appeals against orders of the Discipline and Appeals Committee)—

(a) for sub-paragraph (1) substitute—

(1) Where the Committee make an order by virtue of paragraph 4(1) or (2A) or 5(1)— (a) the person as regards whom the order is made, or (b) the Council, may appeal to the First-tier Tribunal, and on any such appeal the First-tier Tribunal may make such order as it thinks fit.

;

(b) in sub-paragraph (1A), for “High Court” (in both places where it occurs) substitute “ First-tier Tribunal ”;

SCHEDULE 21

Abolition of Poisons Board

1

(1) The Poisons Board is abolished.

(2) As a result—

(a) in the Poisons Act 1972, omit section 1 and Schedule 1, and

(b) in Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), omit the entry for the Poisons Board.

Establishment of common regulatory system

2

The Poisons Act 1972 is amended as follows.

3

For section 2 substitute—

(2) (1) This section defines some key terms used in this Act. (2) “Regulated substance” means a regulated explosives precursor or regulated poison. (3) Subject to subsection (4), a “regulated explosives precursor”— (a) is a substance listed in Part 1 of Schedule 1A in a concentration higher than the limit set out for that substance in that Part, and (b) includes a mixture or another substance in which a substance listed in that Part is present in a concentration higher than the relevant limit, but, in each case, only if the substance or mixture is not excluded. (4) For the purposes of section 3C however, and the meaning of “regulated substance” in or in relation to that section, a “regulated explosives precursor”— (c) is a substance listed in Part 1 of Schedule 1A, and (d) includes a mixture or another substance in which a substance listed in that Part is present, but, in each case, only if the substance or mixture is not excluded. (5) A “regulated poison”— (a) is a substance listed in Part 2 of Schedule 1A in a concentration higher than the limit (if any) set out for that substance in that Part, and (b) includes a mixture or another substance in which a substance listed in that Part is present in a concentration higher than the relevant limit, but, in each case, only if the substance or mixture is not excluded. (6) “Reportable substance” means a reportable explosives precursor or a reportable poison. (7) A “reportable explosives precursor”— (a) is a substance listed in Part 3 of Schedule 1A, and (b) includes a mixture or another substance in which a substance listed in that Part is present, but, in each case, only if the substance or mixture is not excluded. (8) A “reportable poison”— (a) is a substance listed in Part 4 of Schedule 1A in a concentration higher than the limit (if any) set out for that substance in that Part, and (b) includes a mixture or another substance in which a substance listed in that Part is present in a concentration higher than the relevant limit, but, in each case, only if the substance or mixture is not excluded. (9) For the purposes of this section, a substance or mixture is “excluded” if— (a) it is medicinal, or (b) it is contained in a specific object. (10) A substance or mixture is “medicinal” if it is— (a) a medicinal product as defined by regulation 2 of the Human Medicines Regulations 2012 (S.I. 2012/1916), (b) an investigational medicinal product as defined by regulation 2 of the Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031), (c) a substance to which Part 12 of the Human Medicines Regulations 2012 or Part 6 of the Medicines for Human Use (Clinical Trials) Regulations 2004 applies by virtue of an order under section 104 or 105 of the Medicines Act 1968 (whether applying subject to exceptions and modifications or not and, in the case of an order under section 104, whether the substance is referred to in the order as a substance or an article), or (d) a veterinary medicinal product as defined by regulation 2 of the Veterinary Medicines Regulations 2013 (S.I. 2013/2033). (11) A “specific object” is— (a) an object that, during production, is given a special shape, surface or design that determines its function to a greater degree than does its chemical composition, or (b) an article that contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions, including— (i) pyrotechnic equipment falling within the scope of Council Directive 96/98/EC on marine equipment, and (ii) percussion caps intended specifically for toys falling within the scope of Council Directive 88/378/EEC concerning the safety of toys. (12) See also section 9B (which contains power to disapply requirements of this Act in specified circumstances). (2A) (1) The Secretary of State may by regulations— (a) amend Schedule 1A (whether to add, vary or remove a substance or concentration limit or make any other change), and (b) amend section 2 in consequence of any amendment made under paragraph (a). (2) The power in subsection (1) to add a concentration limit includes power to add a concentration limit in any Part of Schedule 1A (whether for an explosives precursor or a poison). (3) In determining the distribution of substances as between the various Parts of Schedule 1A, regard must be had to the desirability of restricting Parts 3 and 4 to substances that meet each of the following criteria— (a) they are in common use, or are likely to come into common use, for purposes other than the treatment of human ailments, and (b) it is reasonably necessary to include them in one of those Parts if members of the general public are to have adequate facilities for obtaining them.

4

For section 3 substitute—

(3) (1) A member of the general public commits an offence if he or she does anything listed in subsection (2) without having a licence, or a recognised non-GB licence, to do that thing with respect to that substance. (2) The things are— (a) importing a regulated substance, (b) acquiring a regulated substance, (c) possessing a regulated substance, (d) using a regulated substance. (3) For the purposes of this section— (a) “acquiring” means taking into your possession, custody or control, (b) “importing” means bringing into Great Britain from a country or territory outside the United Kingdom, (c) “member of the general public” means an individual who is acting (alone or with others) for purposes not connected with his or her trade, business or profession or the performance by him or her of a public function, (d) “possessing” means having in your possession, custody or control, and (e) “using” includes processing, formulating, storing, treating or mixing, including in the production of an article. (4) A member of the general public does not commit an offence under subsection (1) if the requirements of this section do not apply to his or her case by virtue of regulations made under section 9B. (5) This section does not apply to the possession or use of a regulated substance at any time before 3 March 2016. (3A) (1) A person commits an offence if the person supplies a regulated substance to a member of the general public without first verifying that the member of the general public has a licence, or a recognised non-GB licence, to acquire, possess and use that substance. (2) In order to verify that someone has a licence or recognised non-GB licence, it is sufficient for these purposes to— (a) inspect the person's licence, and (b) inspect the form of identification specified in that licence. (3) A person commits an offence if the person supplies a regulated substance to a member of the general public without first entering details of the transaction (or causing details of the transaction to be entered) in the licence, or recognised non-GB licence, of the member of the general public. (4) A person commits an offence if the person supplies a regulated substance to a member of the general public without first ensuring that a warning label is affixed to the packaging in which the substance is supplied. (5) A “warning label” is a label clearly indicating that it is an offence for members of the general public to acquire, possess or use the substance in question without a licence (or recognised non-GB licence). (6) A person does not commit an offence under subsection (1), (3) or (4) if the requirements of that subsection do not apply to the person's case by virtue of regulations made under section 9B. (7) Before 3 March 2016, subsections (1) and (5) have effect as if the references to possession and use of the substance were omitted. (8) The Secretary of State may by regulations make provision modifying this section so far as it applies to any supplies that involve despatch of the substance to Northern Ireland or export of it from the United Kingdom. (3B) (1) A person commits an offence if the person supplies a regulated poison to a member of the general public other than in the circumstances described in subsection (2). (2) Those circumstances are— (a) the person is lawfully conducting a retail pharmacy business, (b) the supply is made on premises that are a registered pharmacy, and (c) the supply is made by or under the supervision of a pharmacist. (3) A person commits an offence if the person supplies a regulated poison to a member of the general public without complying with the record-keeping requirements before delivering the poison. (4) The record-keeping requirements are— (a) the person must make an entry (or cause an entry to be made) in a record to be kept by the person for the purposes of this subsection stating— (i) the date of the supply, (ii) the name and address of the member of the general public, (iii) the name and quantity of the regulated poison supplied, and (iv) the purposes for which it is stated by the member of the general public to be required, and (b) the person must ensure that the member of the general public signs the entry. (5) A person does not commit an offence under subsection (1) or (3) if the requirements of that subsection do not apply to the person's case by virtue of regulations made under section 9B. (3C) (1) A supplier must report any relevant transaction that it makes or proposes to make if the supplier has reasonable grounds for believing the transaction to be suspicious. (2) A “relevant transaction” is a transaction involving the supply of a regulated substance or a reportable substance to a customer, whether an end user or a customer higher up the supply chain and whether a business or a private customer. (3) A relevant transaction is “suspicious” if there are reasonable grounds for suspecting that the substance in question— (a) if it is a regulated explosives precursor or reportable explosives precursor, is intended for the illicit manufacture of explosives, or (b) if it is a regulated poison or a reportable poison, is intended for any illicit use. (4) In deciding whether there are reasonable grounds for suspecting such a thing, regard must be had to all the circumstances of the case, including in particular where the prospective customer— (a) appears unclear about the intended use of the substance, (b) appears unfamiliar with the intended use of the substance or cannot explain it plausibly, (c) intends to buy substances in quantities, combinations or concentrations uncommon for private use, (d) is unwilling to provide proof of identity or place of residence, or (e) insists on using unusual methods of payment, including large amounts of cash. (5) A person carrying on a trade, business or profession that involves regulated substances or reportable substances must report the disappearance or theft of any such substances if the disappearance or theft— (a) is from stocks in the person's possession, custody or control in Great Britain, and (b) is significant. (6) In deciding whether a disappearance or theft is significant, regard must be had to whether the amount involved is unusual in all the circumstances of the case. (7) A duty under this section to “report” something is a duty to give notice of it to the Secretary of State in accordance with such requirements as may be specified by the Secretary of State by regulations made under this subsection. (8) A person who fails to comply with subsection (1) or (5) commits an offence. (9) A person does not commit an offence under subsection (8) if the requirements of subsection (1) or, as the case may be, (5) do not apply to the person's case by virtue of regulations made under section 9B.

5

Omit section 4.

6

After that section insert—

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