Legalize / United Kingdom / Public General Act

Deregulation Act 2015

Type Public General Act

Publication 2015-03-26

Last updated 2025-09-10

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(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 ”;

(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 ”;

(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;

(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) ”;

(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,”;

(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.

;

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.

;

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—

(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

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