Law

Deregulation Act 2015

United Kingdom · statute

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In force since 2026-05-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 128 provisions

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128 provisions

89 The Council for Licensed Conveyancers: other amendments

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

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90 Poisons and explosives precursors

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

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

(1) The London Local Authorities Act 1990 is amended in accordance with subsections (2) and (3). (2) After section 30 insert— Other Part III appeals 30A (1) Any person aggrieved— (a) by a resolution rescinding or varying a designating resolution; (b) by a resolution under subsection (1)(b) of section 24 (Designation of licence streets) of this Act; (c) by a standard condition prescribed by regulations under subsection (3) of section 27 (Conditions of street trading licences) of this Act; or (d) by the amount of a fee or charge under section 32 (Fees and charges) of this Act; may appeal to a magistrates' court acting for the area of the borough council which passed the resolution, prescribed the condition or determined the amount of the fee or charge (as the case may be). (2) An appeal under subsection (1) may be brought— (a) in the case of an appeal under paragraph (a) or (b) of that subsection, at any time before the expiration of the period of three months beginning with the date on which notice of the passing of the resolution is published for the second time in accordance with subsection (10) of section 24 (Designation of licence streets) of this Act; (b) in the case of an appeal under paragraph (c) of that subsection, at any time before the expiration of the period of three months beginning with the date upon which the licence holders or a body or bodies representative of them were notified of the making of the regulations; (c) in the case of an appeal under paragraph (d) of that subsection— (i) if it relates to the amount of a fee payable under subsection (1) of section 32 (Fees and charges) of this Act, at any time before the expiration of the period of three months beginning with the date on which the fee payable is notified to the licence holders or a body or bodies representative of them; (ii) if it relates to the amount of a charge under subsection (2) of section 32 (Fees and charges) of this Act, at any time before the expiration of the period of three months beginning with the date on which notice of the determination of the charge has been given to the licence holders or a body or bodies representative of them. (3) A person desiring to appeal under subsection (1) shall give written notice to the magistrates' court and to the borough council specifying the matter about which the person is aggrieved and the grounds upon which the appeal is made. (4) On an appeal to a magistrates' court under this section, the court may make such order as it thinks fit. (3) In section 30— (a) omit subsections (11) and (12); (b) in the sidenote, after “Part III appeals” insert “ : refusal to grant a licence etc. ”. (4) Section 19 of the City of Westminster Act 1999 is amended as follows. (5) In subsection (1), for the words from “the Secretary of State” to the end of the subsection substitute “a magistrates' court acting for the area of the council”. (6) After subsection (2) insert— (3) A person desiring to appeal under subsection (1) shall give written notice to the magistrates' court and to the council specifying the matter about which the person is aggrieved and the grounds upon which the appeal is made. (4) On an appeal to a magistrates' court under this section, the court may make such order as it thinks fit. (7) For the sidenote substitute “Appeals to a magistrates' court”.

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93 Reduction in regulation of providers of social work services

(1) In the Care Standards Act 2000, omit section 4(10) (which provides for the Act to apply to a provider of social work services as it applies to an agency to which that Act applies). (2) In consequence of subsection (1)— (a) in that Act, omit— (i) section 5(1A)(f), and the “and” before it; (ii) section 30A(6)(f); (iii) section 121(4A); (b) in the Children and Young Persons Act 2008, omit section 4.

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94 Electoral Commission: changes to facilitate efficient administration

(1) Schedule 1 to the Political Parties, Elections and Referendums Act 2000 (the Electoral Commission) is amended as follows. (2) Paragraph 15 (five-year plan) is amended as set out in subsections (3) and (4). (3) In sub-paragraph (1), after “paragraph 14” insert “ in respect of the first financial year to begin after the day on which Parliament meets for the first time following a parliamentary general election, ”. (4) After that sub-paragraph insert— (1A) The Speaker's Committee may require the Commission to submit a plan under sub-paragraph (1) when the Commission submit such an estimate as is mentioned in paragraph 14 in respect of a financial year other than one mentioned in that sub-paragraph. (5) In paragraph 16 (annual examination of Commission by Comptroller and Auditor General), in sub-paragraph (1)— (a) after “paragraphs 14 and 15” insert “ in respect of any year when both an estimate under paragraph 14 and a five-year plan under paragraph 15 are submitted to them, ”; (b) for “in each year” substitute “ before the Committee consider the estimate and plan ”. (6) In the cross-heading preceding paragraph 16, for “Annual examination” substitute “ Examination ”.

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95 LGBC for England: changes to facilitate efficient administration

(1) Schedule 1 to the Local Democracy, Economic Development and Construction Act 2009 (Local Government Boundary Commission for England) is amended as follows. (2) In paragraph 5 (committees), for sub-paragraph (3) substitute— (3) A committee established under this paragraph to review the economy, efficiency or effectiveness with which the Commission has used its resources, or any sub-committee of such a committee, may include up to two people who are not also members of the Commission (“independent members”). (4) The Commission may not appoint as an independent member anyone who would be ineligible for appointment as a member of the Commission because of paragraph 1(3). (5) An independent member must be appointed on such terms and conditions, including terms and conditions as to remuneration, as the Commission may determine. (6) Except as provided by sub-paragraph (3), only a member of the Commission may be a member of one of its committees or sub-committees. (3) Paragraph 12 (five-year plan) is amended as set out in subsections (4) and (5). (4) In sub-paragraph (1), after “paragraph 11” insert “ in respect of the first financial year to begin after the day on which Parliament meets for the first time following a parliamentary general election ”. (5) After that sub-paragraph insert— (1A) The Speaker's Committee may require the Commission to submit a plan under sub-paragraph (1) when the Commission submits such an estimate as is mentioned in paragraph 11 in respect of a financial year other than one mentioned in that sub-paragraph. (6) In paragraph 13 (annual examination by Comptroller and Auditor General), in sub-paragraph (1)— (a) for “For the purposes of paragraphs 11 and 12” substitute “ For the purpose of assisting the Speaker's Committee to discharge their functions under paragraphs 11 and 12 in respect of any year when both an estimate under paragraph 11 and a five-year plan under paragraph 12 are submitted to them, ”; (b) for “in each year” substitute “ before the Committee consider the estimate and plan ”. (7) In the cross-heading preceding paragraph 13, for “Annual examination” substitute “ Examination ”.

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96 NHS foundation trusts and NHS trusts: acquisitions and dissolutions etc

(1) The National Health Service Act 2006 is amended as follows. (2) In section 56A (acquisitions), after subsection (4) insert— (4A) Where the regulator proposes to grant the application, it may by order make provision for the transfer of employees of B to A on the grant of the application. (3) After section 56A insert— Acquisitions under section 56A: supplementary 56AA (1) On the grant of an application under section 56A— (a) any order made by the regulator under section 56A(4A) takes effect, (b) the property and liabilities of the acquired NHS foundation trust or NHS trust are transferred to the acquiring NHS foundation trust (other than rights and liabilities which may be dealt with by order under section 56A(4A)), (c) the acquired NHS foundation trust or NHS trust is dissolved, and (d) where the acquired trust is an NHS trust, the NHS trust order establishing it is revoked. (2) So far as may be necessary for the purposes of subsection (1)(b)— (a) anything done before the grant of the application by or in relation to the acquired trust is to be treated (on and after the grant) as having been done by or in relation to the acquiring trust; (b) any reference in a document to the acquired trust is to be read as a reference to the acquiring trust. (3) Anything (including legal proceedings) that, immediately before the grant of the application, is in the process of being done by or in relation to the acquired trust may continue to be done afterwards by or in relation to the acquiring trust. (4) In subsection (1)— (a) “liabilities” includes criminal liabilities; (b) “property” includes trust property. (4) In section 57 (sections 56 to 56B: supplementary), after subsection (3) insert— (3A) The order may include provision for the transfer of employees of the trust or trusts dissolved by the order. (5) In section 64 (orders and regulations under this Chapter)— (a) in subsection (4), before paragraph (c) insert— (ba) section 56A(4A), ; (b) in subsection (4A), after “section” insert “ 56A(4A), ”. (6) In section 65LA (trusts to be dissolved), in subsection (3)(b), for the words following “trust” to the end substitute — (i) to an NHS body; (ii) to the Secretary of State; (iii) between more than one NHS body or between one or more NHS bodies and the Secretary of State. (7) In that section, in subsection (5), for “to an NHS foundation trust” substitute “ to an NHS body ”. (8) In paragraph 31 of Schedule 4 (NHS trusts established under section 25), as it has effect until its repeal by section 179(2) of the Health and Social Care Act 2012, at the beginning insert “ Subject to section 56AA, ”.

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97 Access to registers kept by Gas and Electricity Markets Authority

(1) Section 36 of the Gas Act 1986 (keeping of register under Part 1 of that Act: gas supply) is amended in accordance with subsections (2) to (4). (2) In subsection (1) (duty on Authority to maintain register), omit “at such premises and”. (3) For subsection (4) substitute— (4) The contents of the register must be shown on the Authority's website. (4) In consequence of the amendment made by subsection (3) of this section, in subsection (5), for “so made” substitute “ made by the Secretary of State ”. (5) Section 49 of the Electricity Act 1989 (keeping of register under Part 1 of that Act: electricity supply) is amended in accordance with subsections (6) to (8). (6) In subsection (1) (duty on Authority to maintain register), omit “at such premises and”. (7) For subsection (5) substitute— (5) The contents of the register must be shown on the Authority's website. (8) In consequence of the amendment made by subsection (7) of this section, in subsection (6), for “so made” substitute “ made by the Secretary of State ”.

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98 Information contained in entries of births and deaths

(1) The Births and Deaths Registration Act 1953 is amended as follows. (2) After section 34 (entry in register as evidence of birth or death) insert— Searches and records of information: additional provision 34A (1) The Minister may make regulations for the purpose of enabling the Registrar General— (a) to carry out, on request, a search to find out whether the Registrar General's certified copies contain a particular entry; (b) to provide, on request, a record of information contained in an entry in the Registrar General's certified copies, otherwise than in the form of a certified copy. (2) The regulations may authorise or require the Registrar General to charge a fee of an amount specified in the regulations for carrying out a search or providing a record. (3) The regulations may make provision— (a) as to how a request for a search or a record may be made; (b) as to the forms in which a record may be provided. (4) The provision that may be made in the regulations includes provision for a record to be provided in a form that does not include all of the information contained in an entry. (5) This section does not affect the entitlement under this Act of any person to a certified copy of an entry in the Registrar General's certified copies. (6) In this section, “the Registrar General's certified copies” means the certified copies of entries in registers sent to the Registrar General under this Act or under any enactment repealed by this Act and kept in the General Register Office. (7) Section 30(4) applies for the purposes of this section as it applies for the purposes of section 30. (3) In section 39 (regulations), in paragraph (a), for “and 10C” substitute “ , 10C and 34A ”. (4) In section 39A (regulations made by the Minister: further provisions), in subsection (5), for “and 10C” substitute “ , 10C and 34A ”.

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99 Information contained in entries of marriages and civil partnerships

(1) After section 65 of the Marriage Act 1949 (searches of indexes kept by Registrar General) insert— Searches and records of information: additional provision 65A (1) The Secretary of State may make regulations for the purpose of enabling the Registrar General— (a) to carry out, on request, a search to find out whether the Registrar General's certified copies contain a particular entry; (b) to provide, on request, a record of information contained in an entry in the Registrar General's certified copies, otherwise than in the form of a certified copy. (2) The regulations may authorise or require the Registrar General to charge a fee of an amount specified in the regulations for carrying out a search or providing a record. (3) The regulations may make provision— (a) as to how a request for a search or a record may be made; (b) as to the forms in which a record may be provided. (4) The provision that may be made in the regulations includes provision for a record to be provided in a form that does not include all of the information contained in an entry. (5) Before making regulations under this section, the Secretary of State must consult the Registrar General. (6) Regulations under this section are to be made by statutory instrument. (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (8) This section does not affect the entitlement of any person to a certified copy of an entry in the Registrar General's certified copies. (9) In this section, “the Registrar General's certified copies” means the certified copies of entries in marriage register books sent to the Registrar General under this Part of this Act and kept in the General Register Office. (2) In section 36 of the Civil Partnership Act 2004 (regulations and orders), in subsection (2), after paragraph (f) insert— (g) for the carrying out by the Registrar General, on request, of searches of entries in the register and the provision, on request, of information contained in the entries (otherwise than in the form of certified copies). (3) In section 9 of the Marriage (Same Sex Couples) Act 2013 (conversion of civil partnership into marriage), in subsection (5), after paragraph (b) insert— (ba) the carrying out, on request, of searches of any information recorded and the provision, on request, of records of any information recorded (otherwise than in the form of certified copies); .

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100 Repeal of duty to prepare sustainable community strategy

(1) In the Local Government Act 2000, omit section 4 (which requires local authorities in England to prepare sustainable community strategies). (2) In consequence of subsection (1), omit the following provisions— (a) in that Act of 2000, section 4A; (b) in the Planning and Compulsory Purchase Act 2004, section 19(2)(f) and (g) and (7); (c) in the Sustainable Communities Act 2007, section 7; (d) in the Local Government and Public Involvement in Health Act 2007, sections 78, 106(2)(c)(i), 111(4)(c)(i) and 114; (e) in the Housing and Regeneration Act 2008, section 126; (f) in the Child Poverty Act 2010, section 24; (g) in the Equality Act 2010, section 1(4) and (5); (h) in the Local Government (Wales) Measure 2009, in Schedule 2, paragraph 3.

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101 Repeal of duties relating to local area agreements

(1) In Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007— (a) omit sections 105 to 113 (which impose duties on local authorities in England to make local area agreements specifying local improvement targets if so directed by the Secretary of State); (b) in section 117— (i) omit the definitions of “designated target”, “local area agreement”, “local improvement target” and “revision proposal”; (ii) in the definition of “responsible local authority” omit the words from “and “the responsible local authority”, in relation to a local area agreement” to the end of the definition; (c) omit section 118(1) and (2) (which make transitional provision in relation to local area agreements). (2) In consequence of subsection (1), in the heading of the Chapter, omit “Local Area Agreements and”.

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102 Repeal of provisions relating to multi-area agreements

(1) Omit Part 7 of the Local Democracy, Economic Development and Construction Act 2009 (which makes provision for the approval by the Secretary of State of multi-area agreements prepared by local authorities in England and for the effect of such approval etc). (2) In consequence of subsection (1)— (a) in the Police Reform and Social Responsibility Act 2011, in Schedule 16, omit paragraph 377; (b) in the Education Act 2011, in Schedule 16, omit paragraph 45; (c) in the Health and Social Care Act 2012, in Schedule 5, omit paragraph 172.

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103 Repeal of duties relating to consultation or involvement

(1) In the Local Government Act 1999, omit section 3A (which makes provision for best value authorities to involve local representatives in the exercise of their functions). (2) In consequence of subsection (1)— (a) in the Local Government Act 1999, in section 28(2), omit “3A,”; (b) in the Local Government and Public Involvement in Health Act 2007, omit section 138; (c) in the Police Reform and Social Responsibility Act 2011, in Schedule 16, omit paragraph 243. (3) Schedule 22 makes provision for disapplying certain other requirements about consultation etc imposed on public bodies.

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104 Power to spell out dates described in legislation

(1) A Minister of the Crown may by order made by statutory instrument— (a) replace a reference in legislation to the commencement of a provision with a reference to the actual date on which the provision comes into force; (b) replace a reference in legislation to the date on which any other event occurs with a reference to the actual date on which that event occurs. (2) An order under subsection (1) may amend the legislation to include an explanation of the date and may make other consequential amendments to legislation. (3) An order under this section may not amend subordinate legislation made by the Welsh Ministers or by the National Assembly for Wales constituted by the Government of Wales Act 1998. (4) An order under this section may not amend provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament. (5) An order under this section may not amend provision that would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, unless— (a) a Bill for an Act of that Assembly containing the provision would require the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998, and (b) the provision does not affect, other than incidentally, a transferred matter (within the meaning of that Act). (6) In this section— “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975; “legislation” means an Act or subordinate legislation; “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

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105 Combining different forms of subordinate legislation

(1) Any provision that may be made by order, regulations or rules made by statutory instrument may be made by any other of those forms of legislation made by statutory instrument. (2) Subsection (1) does not affect the procedure for making the instrument. (3) A reference in any enactment or other instrument to an order, regulations or rules under an enactment (however expressed) includes a reference to provision made under it because of subsection (1). (4) Subsection (1) does not apply in relation to any power of the Welsh Ministers to make provision by statutory instrument.

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106 Ambulatory references to international shipping instruments

After section 306 of the Merchant Shipping Act 1995 insert— Power to make ambulatory references to international instruments 306A (1) This section applies where— (a) a person has power under this Act to make subordinate legislation, and (b) the person proposes to exercise that power to make subordinate legislation which refers to an international instrument. (2) The power may be exercised so as to have the effect that the reference to the instrument is construed— (a) as a reference to the instrument as modified from time to time; (b) if the instrument is replaced by another instrument, as a reference to that other instrument. (3) For the purposes of subsection (2)(a), an instrument is modified if— (a) omissions, additions or other alterations to the text of the instrument take effect, or (b) supplementary provision made under the instrument takes effect. (4) In this section, provision included in subordinate legislation by virtue of subsection (2) is referred to as ambulatory provision. (5) Subordinate legislation which makes ambulatory provision may make provision as to— (a) when a modification of an international instrument is to be treated as taking effect for the purposes of subsection (2)(a) (read with subsection (3)); (b) when an international instrument is to be treated as having been replaced by another instrument for the purposes of subsection (2)(b). (6) In this section— (a) “international instrument” means an international convention or treaty or an instrument made under such a convention or treaty except that “international instrument” does not include an EU instrument; (b) “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

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107 Legislation no longer of practical use

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

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108 Exercise of regulatory functions: economic growth

(1) A person exercising a regulatory function to which this section applies must, in the exercise of the function, have regard to the desirability of promoting economic growth. (2) In performing the duty under subsection (1), the person must, in particular, consider the importance for the promotion of economic growth of exercising the regulatory function in a way which ensures that— (a) regulatory action is taken only when it is needed, and (b) any action taken is proportionate.

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109 Functions to which section 108 applies

(1) A Minister of the Crown may by order specify the regulatory functions to which section 108 applies. (2) Before making an order under subsection (1), the Minister must consult— (a) any person exercising functions to be specified in the order, and (b) such other persons as the Minister considers appropriate. (3) An order under this section may not specify— (a) a regulatory function so far as exercisable in Scotland, if or to the extent that the function relates to matters which are not reserved matters; (b) a regulatory function so far as exercisable in Northern Ireland, if or to the extent that the function relates to matters which are transferred matters; (c) a regulatory function so far as exercisable in Wales, if or to the extent that the function could be conferred by provision falling within the legislative competence of the National Assembly for Wales. (4) An order under this section must be made by statutory instrument. (5) A statutory instrument containing an order under this section may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament. (6) In this section— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “reserved matter” and “Scotland” have the same meanings as in the Scotland Act 1998; “transferred matter” and “Northern Ireland” have the same meanings as in the Northern Ireland Act 1998; “Wales” has the same meaning as in the Government of Wales Act 2006.

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110 Guidance on duty under section 108

(1) A Minister of the Crown may from time to time issue guidance as to the performance of the duty under section 108(1). (2) The guidance may include guidance— (a) as to the ways in which regulatory functions may be exercised so as to promote economic growth; (b) as to how persons who have the duty may demonstrate, in a way that is transparent and accountable, that they are complying with it. (3) A person who has a duty under section 108(1) must have regard to any guidance issued under subsection (1). (4) Before issuing guidance under subsection (1), the Minister must prepare a draft of the guidance. (5) The Minister must then consult the following about the draft— (a) persons who appear to be representative of persons who have a duty under section 108; (b) such other persons as the Minister considers appropriate. (6) If the Minister decides to proceed with issuing the guidance (either in its original form or with modifications), the Minister must lay the draft before Parliament. (7) Where the draft is approved by a resolution of each House of Parliament, the Minister may issue the guidance. (8) Guidance issued under subsection (1) is to come into force on such date as the Minister may by order made by statutory instrument appoint.

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111 Sections 108 to 110: interpretation

(1) In sections 108 to 110, “regulatory function” means— (a) a function under or by virtue of an Act or subordinate legislation of imposing requirements, restrictions or conditions, or setting standards or giving guidance, in relation to an activity, or (b) a function which relates to the securing of compliance with, or the enforcement of, requirements, restrictions, conditions, standards or guidance which, under or by virtue of an Act or subordinate legislation, relate to an activity. (2) In subsection (1)(a) and (b) the references to a function— (a) include a function exercisable by or on behalf of the Crown; (b) do not include— (i) a function of instituting or conducting criminal proceedings; (ii) a function of conducting civil proceedings. (3) In subsection (1)(a) and (b) the references to an activity include— (a) providing goods and services, and (b) employing or offering employment to a person. (4) In sections 109 and 110, “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975. (5) In this section, “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

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112 Consequential amendments, repeals and revocations

(1) The Secretary of State may by order made by statutory instrument make such provision as the Secretary of State considers appropriate in consequence of this Act. (2) An order under subsection (1)— (a) may include transitional, transitory or saving provision; (b) may repeal, revoke or otherwise amend or modify any provision of primary or subordinate legislation (including legislation passed or made in the same Session as this Act). (3) A statutory instrument containing (whether alone or with other provision) an order under this section which repeals, revokes or otherwise amends or modifies any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (4) A statutory instrument containing an order under this section which does not repeal, revoke or otherwise amend or modify any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament. (5) In this section— “primary legislation” means— an Act; an Act of the Scottish Parliament; a Measure or Act of the National Assembly for Wales; Northern Ireland legislation; “subordinate legislation” means— subordinate legislation within the meaning of the Interpretation Act 1978; an instrument made under an Act of the Scottish Parliament; an instrument made under a Measure or Act of the National Assembly for Wales; an instrument made under Northern Ireland legislation.

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113 Financial provision

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

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114 Extent

(1) Except as provided by subsections (2) and (3), a repeal, revocation or other amendment or modification made by this Act has the same extent as the provision repealed, revoked or otherwise amended or modified. (2) Paragraphs 4, 31(b) and (c), 32(2), 32(3) so far as relating to paragraphs 9 and 68 of Schedule 13 to the Merchant Shipping Act 1995, 32(4) and (5) and 39 of Schedule 23 extend only to England and Wales and Northern Ireland. (3) Section 15, Parts 4 and 5 of Schedule 13 and paragraphs 5, 35, 36, 41, 42 and 45 of Schedule 23 extend only to England and Wales. (4) Sections 4, 5, 26(7) to (10), 33, 34, 41, 45, 64(1) and (2) and 75(6) to (9) extend only to England and Wales. (5) Section 75(10) to (13) extends only to Scotland. (6) Sections 77, 78, 85, 104, 105 and 108 to 113, this section and sections 115 and 116 extend to England and Wales, Scotland and Northern Ireland. (7) Her Majesty may by Order in Council provide for any of the provisions of section 78 to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.

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115 Commencement

(1) The following provisions come into force on the day on which this Act is passed— (a) sections 30 to 32; (b) section 42; (c) sections 46 and 47; (d) section 85; (e) sections 109, 110(1), (2) and (4) to (8) and 111; (f) sections 112 to 114, this section and section 116. (2) The following provisions also come into force on the day on which this Act is passed but only so far as is necessary for enabling the exercise on or after that day of any power to make provision by an order or regulations made by statutory instrument— (a) section 1; (b) section 53; (c) section 58 and Schedule 12; (d) sections 62 and 63; (e) Parts 1 and 4 of Schedule 1, Schedules 2, 4 and 8, Parts 2 and 6 of Schedule 10 and Schedule 21 (and the sections to which those Schedules relate). (3) The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed— (a) section 13 and Schedule 4 (so far as not already in force by virtue of subsection (2)); (b) section 16; (c) section 27 to 29; (d) section 50 and Schedule 9; (e) sections 54 to 57; (f) sections 60 and 61; (g) section 64 and Schedule 14; (h) section 65 and Schedule 15; (i) section 79; (j) sections 83 and 84; (k) section 97 to 102; (l) section 103 and Schedule 22; (m) sections 104 to 106; (n) in Schedule 6, paragraph 5 and Parts 7 and 8; (o) in Schedule 10, Parts 1, 4 and 5; (p) in Schedule 11, Part 2; (q) in Schedule 13, Parts 1, 2 and 4; (r) Schedule 23 other than paragraphs 35, 36 and 41 of that Schedule. (4) Part 3 of Schedule 1 and, as respects Wales, paragraphs 35, 36 and 41 of Schedule 23 come into force on such day as the Welsh Ministers may by order made by statutory instrument appoint. (5) Where a provision of a Schedule comes into force in accordance with subsection (3)(n) to (r) or (4), the section to which that Schedule relates comes into force (so far as relating to that provision) at the same time. (6) The following provisions come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint— (a) sections 86 and 87; (b) section 88 and Schedule 19; (c) section 89 and Schedule 20. (7) Except as provided by subsections (1) to (6), the provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint. (8) The Welsh Ministers may by order made by statutory instrument make such transitional, transitory or saving provision as they consider appropriate in connection with the coming into force of Part 3 of Schedule 1 or, as respects Wales, paragraphs 35, 36 and 41 of Schedule 23. (9) The Secretary of State may by order made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act (other than transitional, transitory or saving provision that the Welsh Ministers have power to make under subsection (8)). (10) The Lord Chancellor may by order made by statutory instrument make such transitional, transitory or saving provision as the Lord Chancellor considers appropriate in connection with the coming into force of sections 86 to 89 and Schedules 19 and 20. (11) Any power to make an order under subsections (4) and (6) to (10) includes power to make different provision for different purposes.

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116 Short title

This Act may be cited as the Deregulation Act 2015.

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SCHEDULE 1 Approved English apprenticeships

Section 3 PART 1 Main amendments 1 In Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeships, study and training), before Chapter 1 insert— CHAPTER A1 Apprenticeships: England Meaning of “approved English apprenticeship” etc A1 (1) This section applies for the purposes of this Chapter. (2) An approved English apprenticeship is an arrangement which— (a) takes place under an approved English apprenticeship agreement, or (b) is an alternative English apprenticeship, and, in either case, satisfies any conditions specified in regulations made by the Secretary of State. (3) An approved English apprenticeship agreement is an agreement which— (a) provides for a person (“the apprentice”) to work for another person for reward in a sector for which the Secretary of State has published an approved apprenticeship standard under section A2, (b) provides for the apprentice to receive training in order to assist the apprentice to achieve the approved apprenticeship standard in the work done under the agreement, and (c) satisfies any other conditions specified in regulations made by the Secretary of State. (4) An alternative English apprenticeship is an arrangement, under which a person works, which is of a kind described in regulations made by the Secretary of State. (5) Regulations under subsection (4) may, for example, describe arrangements which relate to cases where a person— (a) works otherwise than for another person; (b) works otherwise than for reward. (6) A person completes an approved English apprenticeship if the person achieves the approved apprenticeship standard while doing an approved English apprenticeship. (7) The “approved apprenticeship standard”, in relation to an approved English apprenticeship, means the standard which applies in relation to the work to be done under the apprenticeship (see section A2). Approved apprenticeship standards A2 (1) The Secretary of State must publish standards for such sectors of work as the Secretary of State thinks appropriate for the purposes of this Chapter. (2) Each standard must be— (a) prepared by the Secretary of State, or (b) prepared by another person and approved by the Secretary of State. (3) Each standard must— (a) describe the sector of work to which it relates, and (b) if there is more than one standard for that sector, describe the kind of work within that sector to which it relates. (4) Each standard must set out the outcomes that persons seeking to complete an approved English apprenticeship are expected to achieve. (5) The Secretary of State may— (a) publish a revised version of a standard, or (b) withdraw a standard (with or without publishing another in its place). (6) Revisions of a standard may be— (a) prepared by the Secretary of State, or (b) prepared by another person and approved by the Secretary of State. Power to issue apprenticeship certificate A3 (1) The Secretary of State may issue a certificate (“an apprenticeship certificate”) to a person who applies for it if it appears to the Secretary of State that the person has completed an approved English apprenticeship. (2) The Secretary of State may by regulations make provision about— (a) the manner in which applications under subsection (1) must be made; (b) the supply by the Secretary of State of copies of apprenticeship certificates issued under that subsection to persons to whom they were issued. (3) The Secretary of State may charge a fee for issuing an apprenticeship certificate or supplying a copy only if, and to the extent that, the charging of the fee is authorised by regulations. Delegation A4 (1) Any function of the Secretary of State under this Chapter may be carried out by a person designated by the Secretary of State. (2) Subsection (1) does not apply to any power of the Secretary of State to make regulations. (3) A person designated under this section must— (a) comply with directions given by the Secretary of State, and (b) have regard to guidance given by the Secretary of State. (4) A designation under this section may be revoked. English apprenticeship agreements: status A5 (1) To the extent that it would otherwise be treated as being a contract of apprenticeship, an approved English apprenticeship agreement is to be treated as not being a contract of apprenticeship. (2) To the extent that it would not otherwise be treated as being a contract of service, an approved English apprenticeship agreement is to be treated as being a contract of service. (3) This section applies for the purposes of any enactment or rule of law. English apprenticeship agreements: supplementary provision A6 (1) If an agreement— (a) contains provision which satisfies the conditions mentioned in section A1(3)(a) to (c), but (b) also contains other provision which is inconsistent with those conditions, the other provision is to be treated as having no effect. (2) Before an agreement which satisfies the conditions mentioned in section A1(3)(a) to (c) is varied in such a way that it no longer satisfies one or more of those conditions, the person for whom the apprentice is working must give the apprentice a written notice. (3) The written notice must explain that, if the variation takes effect, the agreement will cease to be an approved English apprenticeship agreement. (4) If an agreement is varied in breach of the requirement under subsection (2), the variation has no effect. Crown servants and parliamentary staff A7 (1) Section A1(3) applies in relation to— (a) an agreement under which a person undertakes Crown employment, (b) an agreement under which a person undertakes service as a member of the naval, military or air forces of the Crown, and (c) an agreement under which a person undertakes employment as— (i) a relevant member of the House of Lords staff, or (ii) a relevant member of the House of Commons staff, as it applies in relation to any other agreement under which a person is to work for another (and this Chapter applies accordingly). (2) Subsection (1) is subject to subsection (3) and to any modifications which may be prescribed under subsection (5). (3) Section A5(2) does not apply in relation to an approved English apprenticeship agreement that is an agreement within paragraph (a), (b) or (c) of subsection (1). (4) Without prejudice to section 262(3), the power conferred by section A1(3)(c) may be exercised, in particular, to make provision in relation to an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other agreements under which a person is to work for another. (5) The Secretary of State may by regulations provide for any provision of this Chapter to apply with modifications in relation to— (a) an agreement within paragraph (a), (b) or (c) of subsection (1), or (b) a person working, or proposing to work, under such an agreement. (6) In subsection (1)— “Crown employment” means employment under or for the purposes of a government department or an officer or body exercising on behalf of the Crown functions conferred by a statutory provision (but does not include service as a member of the naval, military or air forces of the Crown); “relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996; “relevant member of the House of Lords staff” has the meaning given by section 194(6) of that Act. 2 (1) Section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 (provision of financial resources) is amended as follows. (2) In subsection (1), after “financial resources” insert “ under this subsection ”. (3) After subsection (1) insert— (1A) The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1))— (a) for the purpose of encouraging the provision of opportunities for individuals to complete approved English apprenticeships or to undertake work following the completion of such apprenticeships, or (b) otherwise in connection with approved English apprenticeships. (4) In subsection (3), after “subsection (1)” insert “ or (1A) ”. (5) In subsection (4), after “subsection (1)(c)” insert “ or (1A) ”. 3 (1) Section 101 of that Act (financial resources: conditions) is amended as follows. (2) In subsection (2)— (a) after “may” insert “ (among other things) ”; (b) omit paragraph (b). (3) Omit subsections (4) and (5). 4 In section 103 of that Act (means tests), in subsection (1) (as amended by paragraph 16 of Schedule 14), after “section 100(1)(c), (d) or (e)” insert “ or (1A) ”. PART 2 Consequential amendments 5 In consequence of the amendments made by Part 1 of this Schedule, the Apprenticeships, Skills, Children and Learning Act 2009 is further amended as follows. Amendments of Part 1 6 For the title of Chapter 1, substitute “ Apprenticeships: Wales ”. 7 Omit section 1, and the italic cross-heading before it. 8 Omit sections 3 to 6, and the italic cross-heading before them. 9 In section 11— (a) in subsection (2), for “the appropriate national authority” substitute “ the Welsh Ministers ”; (b) omit subsection (3); (c) in the italic cross-heading before that section, omit “England and”. 10 In section 12— (a) omit subsection (3); (b) in the italic cross-heading before that section, omit “England and”. 11 Omit sections 13 to 17, and the italic cross-heading before them. 12 Omit sections 23 to 27, and the italic cross-heading before them. 13 In the italic cross-heading before section 32, omit “England and”. 14 In section 32, omit subsection (6)(a), and the “or” following it. 15 In section 38— (a) in subsection (1), for “The Secretary of State” substitute “ The Welsh Ministers ”; (b) in subsection (2), for “the Secretary of State” substitute “ the Welsh Ministers ”. 16 In section 39, in subsection (1)— (a) in the definition of “apprenticeship certificate”, omit “3, 4,”; (b) omit the definitions of “English certifying authority”, “English issuing authority”, “recognised English framework” and “the specification of apprenticeship standards for England”. Other amendments of the 2009 Act 17 In section 83, in subsection (5), for paragraphs (a) to (c) substitute— (a) an approved English apprenticeship, or (b) any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship. 18 In section 83A— (a) in subsection (3), for the words from “opportunity to” to the end of the subsection substitute “ opportunity to enter into an approved English apprenticeship. ”; (b) omit subsection (11). 19 (1) Section 83B is amended as follows. (2) In subsection (1), for the words from “at a particular level” to the end of the subsection substitute “for the purpose of assisting a person to achieve a particular approved apprenticeship standard if the person— (a) has already completed an approved English apprenticeship by achieving that standard, (b) has already completed an approved English apprenticeship by achieving another standard and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work), or (c) has worked under another arrangement and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work).” (3) After that subsection insert— (1A) Section A1(6) and (7) (which make provision about when a person completes an approved English apprenticeship and about the meaning of “approved apprenticeship standard”) apply for the purposes of subsection (1). (4) Omit subsections (2) to (5). 20 In section 90, in subsection (2), for paragraphs (a) and (b) substitute— (a) an approved English apprenticeship, or (b) any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided. 21 Omit section 105. 22 In section 121, in subsection (1)— (a) omit the definition of “apprenticeship agreement”; (b) after the definition of “apprenticeship training” insert— “approved English apprenticeship” has the meaning given by section A1(2); . 23 In section 267, in subsection (2), for “Chapter 1” substitute “ Chapter A1 ”. PART 3 Apprenticeships: Wales 24 Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows. 25 (1) Section 18 (Welsh issuing authority) is amended as follows. (2) For subsection (2) substitute— (2) The power to designate conferred by this section may not be exercised in such a way that there is at any time more than one person designated to issue apprenticeship frameworks relating to a particular apprenticeship sector. (3) For subsection (5) substitute— (5) In this Chapter, the “Welsh issuing authority”, in relation to an apprenticeship framework, means— (a) the person (if any) designated under this section to issue frameworks of that description; (b) if there is no-one so designated, the Welsh Ministers. 26 In section 19 (issue: Wales), in subsection (2)— (a) after “withdrawn” insert “ by the Welsh issuing authority ”; (b) omit paragraphs (a) and (b). 27 (1) Section 20 (recognised Welsh frameworks: notification and publication) is amended as follows. (2) In subsection (1)(b), at the beginning insert “ if the issuing authority is not the Welsh Ministers, ”. (3) In subsection (3)— (a) for “A person who” substitute “ A Welsh issuing authority which ”; (b) in paragraph (b), for “in the case of withdrawal otherwise than by the Welsh Ministers,” substitute “ in the case where the issuing authority are not the Welsh Ministers, ”. PART 4 Transitional provision 28 The provision that may be included in an order under section 115(9) in connection with the coming into force of paragraph 1 of this Schedule includes provision— (a) for work done by a person under an arrangement described in the order to be treated as work done under an approved English apprenticeship within the meaning of the Apprenticeships, Skills, Children and Learning Act 2009, where the person begins to work under the arrangement before the paragraph comes into force and continues to do so (for any period) afterwards; (b) for a standard published by the Secretary of State before the paragraph comes into force, in connection with work that by virtue of provision made under paragraph (a) is treated as work done under an approved English apprenticeship, to be treated as if it were an approved apprenticeship standard published under section A2 of the 2009 Act in relation to the approved English apprenticeship.

Propose a change

SCHEDULE 2 Driving instructors

Section 8 PART 1 Amendments of Part 5 RTA 1988 (as amended by RSA 2006) 1 Part 5 of the Road Traffic Act 1988 (driving instruction), as amended by Schedule 6 to the Road Safety Act 2006, is amended as follows. 2 In section 124 (exemption from prohibitions imposed by section 123)— (a) in subsection (3), for “in particular, consist of” substitute in particular— (a) include the circumstance that a person holds a current emergency control certificate (and require the person to undergo an emergency control assessment for the purpose of obtaining such a certificate); (b) consist of ; (b) after subsection (5) insert— (6) In this Part “emergency control assessment” and “emergency control certificate” mean an assessment and a certificate under section 133A of this Act. 3 (1) Section 125 (register) is amended as follows. (2) After subsection (3) insert— (3A) If an applicant is aware that he is suffering from a relevant or prospective disability, his application under subsection (2) must be accompanied by written notification of the nature and extent of his disability. (3B) Any person who fails without reasonable excuse to comply with the requirement imposed by subsection (3A) is guilty of an offence. (3C) The Registrar may, in the circumstances mentioned in subsection (3D), require an applicant to submit himself for an emergency control assessment (whether or not the applicant already holds an emergency control certificate) in connection with his application under subsection (2). (3D) Those circumstances are that the Registrar has reasonable grounds for believing that the person would be unable to take control of a motor vehicle of the class in which instruction is to be given if an emergency arose while he was giving driving instruction in such a motor vehicle. (3) After subsection (5) insert— (5A) In this Part “disability”, in respect of motor vehicles of any description, means a want of physical ability affecting the driving of motor vehicles of that description; and (a) “relevant disability”, in relation to a person, means any prescribed disability or any other disability likely to cause the driving of a vehicle of the description in question by him to be a source of danger to the public; (b) “prospective disability”, in relation to a person, means any other disability which, at the material time, is not of such a kind that it is a relevant disability but, by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in the course of time. (4) Omit subsection (6). 4 (1) Section 125ZA (conditions of registration) is amended as follows. (2) In subsection (2)— (a) omit the “and” at the end of paragraph (b); (b) after paragraph (c) insert , and (d) in the case of persons who have been required under section 125(3C) to submit themselves for emergency control assessments, conditions requiring the persons to hold current emergency control certificates. (3) In subsection (4)— (a) after paragraph (b) insert— (ba) conditions requiring the persons, if at any time required to do so by the Registrar in the circumstances mentioned in section 125(3D), to submit themselves for emergency control assessments (whether or not they already hold emergency control certificates) on such days (within such periods as may be prescribed) and at such places as may be specified by the Registrar, (bb) conditions requiring the persons to hold an emergency control certificate following any such assessment, ; (b) in paragraph (c), for “and (c)” substitute “ , (c) and (d) ”; (c) omit the “and” at the end of paragraph (c); (d) after paragraph (c) insert— (ca) conditions requiring that, if instruction in the driving of a motor vehicle is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the vehicle, the persons will only give such instruction if they would be able to take control of the vehicle if such an emergency arose while giving the instruction, and . 5 Omit sections 125A and 125B (registration of disabled persons and supplementary provision). 6 In section 126 (duration of registration), omit subsection (5). 7 In section 127 (extension of duration of registration), in subsection (4)— (a) omit paragraph (a) and the “and” following it; (b) in paragraph (b), omit “in any other case,”. 8 In section 128 (termination of registration by Registrar), in subsection (2)— (a) omit paragraph (a) and the “and” following it; (b) in paragraph (b), omit “in any other case,”. 9 After section 128A insert— Direction to disregard emergency control assessment requirement 128B (1) This section applies where a person has been required under section 125(3C), or as mentioned in section 125ZA(4)(ba), to submit himself for an emergency control assessment. (2) At any time before the assessment takes place the Registrar may withdraw the requirement (in which case this Part applies as if the requirement had never been imposed). (3) At any time after the assessment takes place the Registrar may direct that the requirement is to be disregarded for the purposes of this Part (and accordingly any condition that the person holds an emergency certificate is to cease to apply). (4) Notice of— (a) the withdrawal of a requirement under subsection (2), or (b) a direction under subsection (3), must be given to the person on whom the requirement was imposed. 10 In section 133 (review of examinations etc)— (a) in subsection (2)(a), omit “or 125A(6)(a)”; (b) in subsection (2)(b), omit “or 125A(7A)(a)”. 11 (1) Section 133A (assessment of ability to control a motor car in an emergency) is amended as follows. (2) In subsection (2)— (a) in paragraph (a), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”; (b) in paragraph (b), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”; (c) in the closing words, for “an appropriate” substitute “ a ”. (3) In subsection (6)— (a) in paragraph (a), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”; (b) in paragraph (b), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”. (4) In subsection (7)(a), omit “covered by his disabled person's limited driving licence”. (5) After subsection (9) insert— (10) In this Part, “modifications”, in relation to a motor vehicle, includes equipment. (6) In the heading, omit “disabled person's”. (7) In the italic cross-heading before section 133A omit “Disabled Persons:”. 12 (1) Section 133B (further assessments) is amended as follows. (2) Omit subsection (1). (3) After subsection (2) insert— (2A) A person may, for the purpose of obtaining an emergency control certificate, apply to undergo a further emergency control assessment if— (a) he has been required to submit himself for an emergency control assessment under section 125(3C) or as mentioned in section 125ZA(4)(ba), (b) on completing that assessment, the assessor refused to grant him an emergency control certificate, and (c) the application for the further assessment is made in such circumstances as may be prescribed. (4) Omit subsection (3). (5) In subsection (4), for “subsection (1) above” substitute “ subsection (5A) ”. (6) After subsection (5) insert— (5A) A person may not apply to undergo a further emergency control assessment under subsection (4) until after the end of— (a) the period of six months beginning with the date of his most recent previous assessment, or (b) such other period as may be prescribed by regulations, unless the Registrar considers it appropriate for the application to be made at such earlier time as may be specified by the Registrar. 13 In section 133C (duty to disclose further disability), in subsection (2)— (a) in the opening words, omit “disabled”; (b) in paragraph (a), for “125A(3)” substitute “ 125(3A) ”. 14 (1) Section 133D (offences relating to giving of paid driving instruction) is amended as follows. (2) Before subsection (2) insert— (1A) This section applies to registered instructors who have undergone emergency control assessments in accordance with a requirement imposed under section 125(3C) or as mentioned in section 125ZA(4)(ba). (3) In subsections (2) and (3), for “registered disabled instructor” substitute “ registered instructor to whom this section applies ”. (4) After subsection (3) insert— (3A) Subsection (3) does not apply if the person to whom the instruction is given holds a full licence granted under Part 3 which is not limited by virtue of a notice served under section 92(5)(b). (5) In subsection (4), in the opening words, for “registered disabled instructor” substitute “ registered instructor to whom this section applies ”. (6) In the heading, omit “by disabled person”. 15 In section 142 (index to Part 5), in the index— (a) omit the following expressions and the corresponding relevant provisions— “Appropriate motor vehicle”; “Disabled person's limited driving licence”; “Registered disabled instructor”; (b) in the entry for the expressions “disability, prospective disability and relevant disability”, in the corresponding relevant provision, for “125A(8)” substitute “ 125(5A) ”; (c) in the entry for the expressions “emergency control assessment and emergency control certificate”, in the corresponding relevant provision, for “125A(8)” substitute “ 124(6) ”; (d) in the entry for the expression “modifications, in relation to a motor vehicle”, in the corresponding relevant provision, for “125A(8)” substitute “ 133A(10) ”. PART 2 Transitory amendments of Part 5 RTA 1988 (before amendment by RSA 2006) 16 Until the commencement of Schedule 6 to the Road Safety Act 2006, Part 5 of the Road Traffic Act 1988 (driving instruction) has effect as if it were amended as follows. 17 (1) Section 125 (the register of approved instructors) has effect as if it were amended as follows. (2) After subsection (2) insert— (2A) If an applicant is aware that he is suffering from a relevant or prospective disability, his application under subsection (2) must be accompanied by written notification of the nature and extent of his disability. (2B) Any person who fails without reasonable excuse to comply with the requirement imposed by subsection (2A) is guilty of an offence. (2C) The Registrar may, in the circumstances mentioned in subsection (2D), require an applicant to submit himself for an emergency control assessment (whether or not the applicant already holds an emergency control certificate) in connection with his application under subsection (2). (2D) Those circumstances are that the Registrar has reasonable grounds for believing that the person would be unable to take control of a motor car of a prescribed class if an emergency arose while he was giving driving instruction in such a motor car. (3) In subsection (3)— (a) omit the “and” at the end of paragraph (d); (b) after paragraph (d) insert— (da) in the case of an applicant who has been required under subsection (2C) to submit himself for an emergency control assessment, he holds a current emergency control certificate, and . (4) In subsection (5), for the words from “condition” to the end substitute following conditions— (a) that, so long as his name is on the register, the person will, if at any time required to do so by the Registrar, submit himself for— (i) such test of continued ability and fitness to give instruction in the driving of motor cars (which may consist of practical and other means of assessment) as may be prescribed; (ii) an emergency control assessment (whether or not the person already holds an emergency control certificate) on the day (within such period as may be prescribed) and at the place specified by the Registrar; and (b) that, so long as his name is on the register, if instruction in the driving of a motor car is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the motor car, the person will only give such instruction if he would be able to take control of the motor car if such an emergency arose while he was giving the instruction. (5) After subsection (5) insert— (5A) The Registrar may impose a requirement as mentioned in subsection (5)(a)(ii) only in the circumstances mentioned in subsection (2D). (6) After subsection (7) insert— (7A) A person shall be exempt from the condition mentioned in subsection (3)(da) if— (a) the Secretary of State is satisfied that satisfactory provision is made by the law of Northern Ireland for purposes corresponding to section 133A, and (b) the person satisfies the Registrar that he holds a current certificate granted under that law which corresponds to an emergency control certificate granted under section 133A. (7) After subsection (8) insert— (8A) Subsection (8B) applies if— (a) a person undergoes an emergency control assessment in accordance with a requirement imposed under subsection (2C) or as mentioned in subsection (5)(a)(ii), (b) the assessor refuses to grant the applicant an emergency control certificate, and (c) as a result the person is not registered, or the person's name is removed from the register (as the case may be). (8B) The person may not make a further application for registration before the end of— (a) the period of 6 months beginning with the date of the emergency control assessment mentioned in subsection (8A)(a), or (b) such other period as may be prescribed, unless the Registrar is satisfied that there is good reason for permitting such an application before the end of that period. (8) Omit subsection (9). (9) In subsection (10), for the words after “In this Part of this Act” substitute — Community licence” has the same meaning as in Part 3 of this Act; “disability” means a want of physical ability affecting the driving of motor cars; and (a) “relevant disability”, in relation to a person, means any prescribed disability or any other disability likely to cause the driving of a motor car by him to be a source of danger to the public; (b) “prospective disability”, in relation to a person, means any other disability which, at the material time, is not of such a kind that it is a relevant disability but, by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in the course of time; “emergency control assessment” and “emergency control certificate” mean an assessment and a certificate under section 133A. 18 Part 5 has effect as if sections 125A and 125B (registration of disabled persons and supplementary provision) were omitted. 19 Section 126 (duration of registration) has effect as if subsection (4) were omitted. 20 (1) Section 127 (extension of duration of registration) has effect as if it were amended as follows. (2) In subsection (3)— (a) in the opening words, omit “Except in the case of a registered disabled instructor,”; (b) in paragraph (a), for “such test as is mentioned in section 125(5)” substitute “ such test or assessment as is mentioned in section 125(5)(a)(i) or (ii) ”; (c) omit the “and” at the end of paragraph (d); (d) after paragraph (d) insert— (da) that, in the case of a person who— (i) when he applied to be registered, was required under section 125(2C) to submit himself for an emergency control assessment, or (ii) at any time during the period mentioned in paragraph (a) was required as mentioned in section 125(5)(a)(ii) to submit himself for such an assessment, he holds a current emergency control certificate, and . (3) Omit subsection (3A). (4) In subsection (4)— (a) in paragraph (a), omit “in the case of its retention by virtue of subsection (3) above,”; (b) in paragraph (a), for “condition” substitute “ conditions ”; (c) omit the “and” at the end of paragraph (a); (d) omit paragraph (b). 21 (1) Section 128 (removal of names from register) has effect as if it were amended as follows. (2) In subsection (2)— (a) in the opening words, omit “Except in the case of a registered disabled instructor,”; (b) in paragraph (c), for “test such as is mentioned in section 125(5)” substitute “ test or assessment such as is mentioned in section 125(5)(a)(i) or (ii) ”; (c) after paragraph (d) insert— (da) that an assessor refused to grant him an emergency control certificate on completing an emergency control assessment of him following a requirement imposed as mentioned in section 125(5)(a)(ii), (db) that he gave instruction in the driving of a motor car in breach of the condition in section 125(5)(b) (ability to take control of motor car in an emergency), . (3) Omit subsection (2A). (4) In subsection (8)(b), for “(5)” substitute “ (5)(a)(i) ”. (5) Omit subsection (9). 22 (1) Section 129 (licences for giving instruction so as to obtain practical experience) has effect as if it were amended as follows. (2) In subsection (1), for the words from “either” to the end substitute “ such part of the examination referred to in section 125(3)(a) as consists of a practical test of ability and fitness to instruct ”. (3) After subsection (1) insert— (1A) An application for a licence to give paid instruction in the driving of a motor car must be made to the Registrar, in the manner determined by the Secretary of State, accompanied by particulars so determined. (1B) The Registrar may, in the circumstances mentioned in subsection (1C), require the applicant to submit himself for an emergency control assessment in connection with the application. (1C) Those circumstances are that the Registrar has reasonable grounds for believing that the person in question would be unable to take control of a motor car of a prescribed class if an emergency arose while he was giving driving instruction in such a motor car. (4) For subsection (2) substitute— (2) Where a person duly applies for a licence, the Registrar must, on payment of such fee, if any, as may be prescribed, grant to the applicant a licence to give paid instruction in the driving of a motor car if the Registrar is satisfied— (a) that the applicant has passed the other parts of the examination referred to in subsection (1), (b) that the conditions set out in section 125(3)(b), (c), (d) and (e) are fulfilled in the applicant's case, and (c) in the case of an applicant who has been required under subsection (1B) to submit himself for an emergency control assessment, he holds a current emergency control certificate. (5) In subsection (5), omit “, subject to subsection (5A) below,”. (6) After subsection (5) insert— (5ZA) Those conditions may (in particular) include— (a) a condition requiring the person to whom the licence was granted, if required to do so by the Registrar at any time when the circumstances mentioned in subsection (1C) apply, to submit himself for an emergency control assessment (whether or not the person already holds an emergency control certificate) on such day (within such period as may be prescribed) and at such place as may be specified by the Registrar; (b) a condition requiring that, if instruction in the driving of a motor car is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the car, the person will only give such instruction if he would be able to take control of the car if such an emergency arose while giving the instruction. (7) Omit subsections (5A) and (5B). 23 (1) Section 130 (revocation of licence) has effect as if it were amended as follows. (2) In subsection (2)— (a) in the opening words omit “Except in the case of a licence granted by virtue of subsection (2)(b) of section 129 of this Act,”; (b) omit the “or” at the end of paragraphs (a) and (b); (c) after paragraph (b) insert— (ba) that an assessor refused to grant him an emergency control certificate on completing an emergency control assessment of him following a requirement imposed as mentioned in section 129(5ZA)(a), or . (3) Omit subsection (2A). 24 (1) Section 133A (assessment of ability to control a motor car in an emergency) has effect as if it were amended as follows. (2) In subsection (2)— (a) in paragraph (a), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”; (b) in paragraph (b), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”; (c) in the closing words, for “an appropriate” substitute “ a ”. (3) In subsection (6)— (a) in paragraph (a), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”; (b) in paragraph (b), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”. (4) In subsection (7)(a), omit “covered by his disabled person's limited driving licence”. (5) After subsection (9) insert— (10) In this Part, “modifications”, in relation to a motor car, includes equipment. (6) In the heading, omit “disabled person's”. (7) In the italic cross-heading before section 133A omit “Disabled Persons:”. 25 (1) Section 133B (further assessments) has effect as if it were amended as follows. (2) Omit subsection (1). (3) After subsection (2) insert— (2A) A person may, for the purpose of obtaining an emergency control certificate, apply to undergo a further emergency control assessment if— (a) he has been required to submit himself for an emergency control assessment— (i) under section 125(2C) or 129(1B), or (ii) as mentioned in section 125(5)(a)(ii) or 129(5ZA), (b) on completing that assessment, the assessor refused to grant him an emergency control certificate, and (c) the application for the further assessment is made in such circumstances as may be prescribed. (4) Omit subsection (3). (5) In subsection (4), for “subsection (1) above” substitute “ subsection (5A) ”. (6) After subsection (5) insert— (5A) A person may not apply to undergo a further emergency control assessment under subsection (4) until after the end of— (a) the period of six months beginning with the date of his most recent previous assessment, or (b) such other period as may be prescribed by regulations, unless the Registrar considers it appropriate for the application to be made at such earlier time as may be specified by the Registrar. 26 (1) Section 133C (duty to disclose further disability) has effect as if it were amended as follows. (2) In subsection (1)— (a) for paragraph (a) substitute— (a) persons whose names are in the register, and ; (b) in paragraph (b), omit “granted by virtue of subsection (2)(b) of that section”. (3) In subsection (2)(a), for “125A(3)” substitute “ 125(2A), 129(1A) ”. 27 (1) Section 133D (offences relating to giving by disabled person of paid driving instruction) has effect as if it were amended as follows. (2) For subsection (1) substitute— (1) This section applies to— (a) persons whose names are in the register, and (b) persons who hold licences under section 129 of this Act, who have undergone emergency control assessments in accordance with a requirement imposed under section 125(2C) or 129(1B) or as mentioned in section 125(5)(a)(ii) or 129(5ZA)(a). (3) After subsection (3) insert— (3A) Subsection (3) does not apply if the person to whom the instruction is given holds a full licence granted under Part 3 which is not limited by virtue of a notice served under section 92(5)(b). (4) In the heading, omit “by disabled person”. 28 Part 5 has effect as if after section 133D there were inserted— Direction to disregard emergency control assessment requirement 133E (1) This section applies where a person has been required— (a) under section 125(2C) or 129(1B), or (b) as mentioned in section 125(5)(a)(ii) or 129(5ZA), to submit himself for an emergency control assessment. (2) At any time before the assessment takes place the Registrar may withdraw the requirement (in which case this Part applies as if the requirement had never been imposed). (3) At any time after the assessment takes place the Registrar may direct that the requirement is to be disregarded for the purposes of this Part (and accordingly any condition that the person holds an emergency certificate is to cease to apply). (4) Notice of— (a) the withdrawal of a requirement under subsection (2), or (b) a direction under subsection (3), must be given to the person on whom the requirement was imposed. 29 (1) Section 142 (index to Part 5) has effect as if the index were amended as follows. (2) Omit the following expressions and the corresponding relevant provisions— “Appropriate motor car”; “Disabled person's limited driving licence”; “Registered disabled instructor”. (3) In the entry for the expressions “disability, prospective disability and relevant disability”, in the corresponding relevant provision, for “125A(8)” substitute “ 125(10) ”. (4) In the entry for the expressions “emergency control assessment and emergency control certificate”, in the corresponding relevant provision, for “125A(8)” substitute “ 125(10) ”. PART 3 Consequential and related amendments Road Traffic (Driving Instruction by Disabled Persons) Act 1993 30 (1) The Road Traffic (Driving Instruction by Disabled Persons) Act 1993 is amended as follows. (2) Omit section 1 (registration of disabled persons as driving instructors). (3) In section 2 (licences allowing disabled persons to give instruction so as to obtain practical experience), omit subsection (4). (4) In the Schedule (related and consequential amendments)— (a) omit paragraph 5(4); (b) omit paragraph 6(4) and (5); (c) omit paragraph 7(4). Road Traffic Offenders Act 1988 31 (1) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts), as amended by Schedule 6 to the Road Safety Act 2006, is amended as follows. (2) In the entry for section 125A(4) of the Road Traffic Act 1988— (a) for “125A(4)” substitute “ 125(3B) ”; (b) in the second column, for “for registration as disabled driving instructor” substitute “ to be registered in respect of driving instruction ”; (c) in the second column, omit “onset of, or deterioration in,”. (3) In the entry for section 133C(4) of the Road Traffic Act 1988, in the second column, omit “disabled”. (4) In the entry for section 133D of the Road Traffic Act 1988, in the second column, for “disabled persons” substitute “ persons required to hold emergency control certificates ”. 32 (1) Until the commencement of Schedule 6 to the Road Safety Act 2006, Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts) has effect as if it were amended as follows. (2) In the entry for section 125A(4) of the Road Traffic Act 1988— (a) for “125A(4)” substitute “ 125(2B) ”; (b) in the second column, for “for registration as disabled driving instructor” substitute “ to be registered in respect of driving instruction ”; (c) in the second column, omit “onset of, or deterioration in,”. (3) In the entry for section 133C(4) of the Road Traffic Act 1988, in the second column, omit “disabled”. (4) In the entry for section 133D of the Road Traffic Act 1988, in the second column, for “disabled persons” substitute “ persons required to hold emergency control certificates ”. Road Safety Act 2006 33 In Schedule 6 to the Road Safety Act 2006, omit paragraphs 6 and 7.

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SCHEDULE 3 Motor insurance industry: certificates of insurance

Section 9 1 The Road Traffic Act 1988 is amended as follows. 2 In section 147 (issue and surrender of certificates of insurance and of security”)— (a) in subsection (1A), for the words from “this Part of this Act” to “subsection (1) above” substitute “ subsection (1) as having been delivered ”; (b) in the heading, omit “and surrender”. 3 In section 148 (avoidance of certain exceptions to policies or securities), in subsection (1), for the words from “Where a certificate” to “has been given,” substitute “ Where a policy or security is issued or given for the purposes of this Part of this Act, ”. 4 (1) Section 151 (duty of insurers or persons giving security to satisfy judgment against persons insured or secured against third-party risks) is amended as follows. (2) In subsection (1), for the words from “a certificate of insurance” to “security has been given,” substitute “ a policy or security is issued or given for the purposes of this Part of this Act, ”. (3) In subsection (2)(a), omit “to which the certificate relates”. 5 In section 152 (exceptions to section 151), in paragraph (c) of subsection (1), omit the words from “, and also” to the end of the paragraph. 6 In section 153 (bankruptcy, etc, of insured or secured persons not to affect claims by third parties), in subsection (1), for the words from “a certificate of insurance” to “security has been given,” substitute “ a person has effected a policy of insurance or been given a security for the purposes of this Part of this Act, ”. 7 In section 161 (interpretation), omit subsection (2).

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SCHEDULE 4 Agricultural Holdings Act 1986: resolution of disputes by third party determination

Section 13 1 The Agricultural Holdings Act 1986 is amended as follows. 2 In section 2 (restriction on letting agricultural land for less than from year to year), after subsection (4) (determination of disputes arising as to the operation of the section in relation to any agreement to be by arbitration) insert— (5) Notwithstanding subsection (4) above, the parties to the agreement may instead refer for third party determination under this Act the dispute that has arisen as to the operation of this section. 3 (1) Section 6 (right to written tenancy agreement) is amended as follows. (2) After subsection (1) insert— (1A) Where the landlord or tenant has the right under subsection (1) above to refer the terms of the tenancy to arbitration under this Act, the landlord and tenant may instead refer the terms of the tenancy for third party determination under this Act. (3) In subsection (2) (contents of arbitrator's award)— (a) in the opening words, after “arbitrator in his award” insert “ or (as the case may be) the third party in his determination ”; (b) in paragraph (b), after “arbitrator” insert “ or third party ”. (4) In subsection (3) (power of arbitrator to vary rent in consequence of award)— (a) after “arbitrator” insert “ or third party ”; (b) after “award” insert “ or (as the case may be) his determination ”. (5) In subsection (4) (effect of arbitrator's award)— (a) after “The award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”; (b) after “the award” (in each place where it occurs) insert “ or determination ”. (6) In subsection (6) (period when determination of the terms of the tenancy is pending), after “award of an arbitrator” insert “ or the determination of a third party ”. 4 In section 7 (model clauses as to the maintenance, repair and insurance of fixed equipment), in subsection (2) (power for regulations to make provision for matters arising under them to be determined by arbitration), after “arbitration” insert “ or third party determination ”. 5 (1) Section 8 (arbitration where terms of written agreement are inconsistent with the model clauses) is amended as follows. (2) After subsection (2) insert— (2A) Where the landlord or tenant has the right under subsection (2) above to refer the terms of the tenancy as to the maintenance, repair and insurance of fixed equipment to arbitration under this Act (or would have that right but for subsection (6) below), the landlord and tenant may instead refer those terms for third party determination under this Act. (3) In subsection (3) (arbitrator's duty to consider terms and power to vary them)— (a) after “arbitrator” insert “ or third party ”; (b) after “arbitration” insert “ or (as the case may be) for third party determination ”; (c) after “award” insert “ or determination ”. (4) In subsection (4) (power of arbitrator to vary rent in consequence of award)— (a) after “arbitrator” insert “ or third party ”; (b) after “award” insert “ or (as the case may be) his determination ”. (5) In subsection (5) (effect of arbitrator's award)— (a) after “The award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”; (b) after “the award” (in each place where it occurs) insert “ or determination ”. (6) In subsection (6) (references under section to be made at least 3 years apart)— (a) after “a reference” insert “ to arbitration or third party determination ”; (b) for “further such reference” substitute “ subsequent reference to arbitration ”; (c) after “award of the arbitrator” insert “ or (as the case may be) the determination of the third party ”. (7) In the sidenote, after “Arbitration” insert “ or third party determination ”. 6 (1) Section 9 (transitional arrangements where liability in respect of fixed equipment transferred) is amended as follows. (2) After subsection (1) insert— (1A) Where the landlord has the right under subsection (1) above to require that there shall be determined by arbitration under this Act and paid by the tenant the amount of any relevant compensation (or would have that right but for the expiry of the prescribed period), the landlord and tenant may instead refer for third party determination under this Act the question of the amount of any relevant compensation that the tenant is to be required to pay. (3) In subsection (2) (definition of “relevant compensation”), for “subsection (1) above” (in the first place where it occurs) substitute “ subsections (1) and (1A) above ”. (4) After subsection (3) insert— (3A) Where the tenant has the right under subsection (3) above to require that there shall be determined by arbitration under this Act a claim of a type described in that subsection (or would have that right but for the expiry of the prescribed period), the tenant and landlord may instead refer the claim for third party determination under this Act. (5) In subsection (4) (provision about disregarding a variation of the terms of a tenancy as to the maintenance, repair or insurance of fixed equipment), after “arbitrator” insert “ or third party ”. 7 In section 10 (tenant's right to remove fixtures and buildings), after subsection (6) (determination by arbitration of any dispute between a landlord and tenant as to the amount payable by the landlord under subsection (4) on an election to purchase a fixture or building) insert— (6A) Notwithstanding subsection (6) above, the landlord and tenant may instead refer for third party determination under this Act the dispute that has arisen with respect to the amount payable by the landlord under subsection (4). 8 (1) Section 12 (arbitration of rent) is amended as follows. (2) After subsection (1) insert— (1A) The landlord and tenant may instead refer for third party determination under this Act the question of how much rent is to be payable in respect of the holding as from the next termination date. (3) In subsection (2) (arbitrator's duty to determine rent properly payable)— (a) after “arbitrator” insert “ or third party ”; (b) after “demand for arbitration” insert “ or (as the case may be) the reference for third party determination ”. (4) In subsection (4) (references to the next termination date following the date of a demand for arbitration)— (a) after “a demand for arbitration” insert “ , or reference for third party determination, ”; (b) after “the demand” (in each place where it occurs) insert “ or reference ”. (5) In the sidenote, after “Arbitration” insert “ or third party determination ”. 9 In section 13 (increases of rent for landlord's improvements), after subsection (7) (determination of any dispute between a landlord and tenant under the section to be by arbitration) insert— (7A) Notwithstanding subsection (7) above, the landlord and the tenant may instead refer the dispute for third party determination under this Act. 10 (1) Section 14 (variation of terms of tenancies as to permanent pasture) is amended as follows. (2) After subsection (2) insert— (2A) Where the landlord or tenant has the right under subsection (2) above to demand that the question described in that subsection shall be referred to arbitration under this Act, the landlord and tenant may instead refer that question for third party determination under this Act. (3) In subsection (3) (power of arbitrator to direct modification of terms as to land which is to be maintained as permanent pasture or is to be treated as arable land and as to cropping)— (a) after “subsection (2)” insert “ or (2A) ”; (b) after “arbitrator” insert “ or third party ”; (c) after “award” insert “ or (as the case may be) his determination ”. (4) In subsection (4) (power of arbitrator to order that, on termination of the tenancy, the tenant should leave an area of land as permanent pasture or as temporary pasture sown with certain seeds)— (a) after “subsection (2)” insert “ or (2A) ”; (b) after “arbitrator” insert “ or third party ”. 11 (1) Section 15 (disposal of produce and cropping) is amended as follows. (2) In subsection (6) (determination by arbitration of question whether tenant exercising subsection (1) rights in manner likely to injure holding etc), after “(including an arbitration” insert “ or third party determination ”. (3) After subsection (6) insert— (6A) Notwithstanding subsection (6) above, the landlord and tenant may agree that, for the purposes of proceedings brought by the landlord under paragraph (a) of subsection (5) above, the question described in subsection (6) is instead to be referred for third party determination under this Act. (6B) On a reference under subsection (6A) above, the determination of the third party shall, for the purposes of any proceedings brought under subsection (5) above (including an arbitration or third party determination under paragraph (b)) be conclusive proof of the facts stated in the determination. 12 (1) Section 20 (compensation for damage by game) is amended as follows. (2) After subsection (4) (amount of compensation to be determined by arbitration, in default of agreement) insert— (4A) Notwithstanding subsection (4) above, the tenant and landlord may instead refer for third party determination under this Act the question of the amount of compensation to which the tenant is entitled. (3) After subsection (5) (determination by arbitration of questions as to the landlord's right to be indemnified against claims for compensation by the person in whom the right to kill and take the wild animals or birds that did the damage is vested) insert— (6) Notwithstanding subsection (5) above, the landlord and the other person may instead refer for third party determination under this Act the questions arising between them under that subsection. 13 In section 25 (length of notice to quit), in subsection (3) (effect of determination under section 12 by arbitrator), after “arbitrator” insert “ or third party ”. 14 (1) Section 33 (reduction of rent where notice is given to quit part of holding) is amended as follows. (2) After subsection (2) (amount of rent reduction to be determined by arbitration, in default of agreement) insert— (2A) Notwithstanding subsection (2) above, the tenant and landlord may instead refer for third party determination under this Act the question of the amount of any reduction of rent to which the tenant is entitled under this section. (3) In subsection (3) (matters to be taken into account by arbitrator)— (a) after “arbitration” insert “ or third party determination ”; (b) after “arbitrator” insert “ or (as the case may be) the third party ”. 15 In section 47 (terms of new tenancy unless varied by arbitration), in the sidenote, after “arbitration” insert “ or third party determination ”. 16 (1) Section 48 (arbitration on terms of new tenancy) is amended as follows. (2) For subsection (3) substitute— (3) Where the provisions of this section apply— (a) the landlord or tenant may by notice in writing served on the other within the prescribed period demand a reference to arbitration under this Act of one or both of the questions specified in subsection (4) below, or (b) the landlord and tenant may refer for third party determination under this Act one or both of those questions. (3) In subsection (5) (duties of arbitrator on reference of “question (a)”)— (a) in the opening words— (i) after “arbitration” insert “ or third party determination ”; (ii) after “arbitrator” insert “ or (as the case may be) the third party ”; (b) in paragraph (b), after “award” insert “ or determination ”. (4) In subsection (6) (power of arbitrator to vary rent where “question (a)” but not “question (b)” referred to arbitration)— (a) after “arbitration” insert “ or third party determination ”; (b) after “arbitrator” insert “ or (as the case may be) the third party ”; (c) after “award” insert “ or determination ”. (5) In subsection (7) (duties of arbitrator on reference of “question (b)”)— (a) after “arbitration” insert “ or third party determination ”; (b) after “arbitrator” insert “ or (as the case may be) the third party ”. (6) In subsection (10) (power of arbitrator to include further provisions in award), after “award” insert “ or (as the case may be) the third party may include in his determination ”. (7) In subsection (11) (effect of arbitrator's award made before “the relevant time”)— (a) after “award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”; (b) after “award” (in the second place where it occurs) insert “ or determination ”. (8) In subsection (12) (effect of arbitrator's award made after “the relevant time”)— (a) after “award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”; (b) after “award” (in the second place where it occurs) insert “ or determination ”. (9) In the sidenote, after “Arbitration” insert “ or third party determination ”. 17 In section 74 (supplementary provisions with respect to compensation: termination of tenancy of part of holding), in subsection (2)(b) (matters to be taken into consideration by arbitrator assessing amount of compensation payable to tenant), after “arbitrator” insert “ or (as the case may be) the third party appointed under section 84A below ”. 18 In section 75 (compensation where reversionary estate in holding is severed), in subsection (2)— (a) after “arbitrator” (in the first place where it occurs) insert “ or (as the case may be) the third party ”; (b) after “awarded” insert “ or determined by third party determination ”; (c) after “award” insert “ or determination ”; (d) after “arbitrator” (in the second place where it occurs) insert “ or third party ”. 19 In section 80 (power of Tribunal to direct holding to be treated as market garden), after subsection (7) insert— (7A) Notwithstanding the provision made by subsection (7) above for rents to be settled by arbitration, the landlord and tenant may instead refer those rents to be settled by third party determination under this Act. 20 (1) Section 83 (settlement of claims on termination of tenancy) is amended as follows. (2) After subsection (1) (determination by arbitration of claims arising under the Act etc on or out of the termination of the tenancy) insert— (1A) Notwithstanding subsection (1) above, but subject to the provisions of subsections (2) and (3) below, the tenant and landlord may instead refer for third party determination under this Act any such claim as is mentioned in subsection (1). (3) For subsections (4) and (5) (8 month period from the termination of the tenancy within which the landlord and tenant may settle a claim by agreement in writing before it is determined by arbitration) substitute— (4) An arbitrator may not be appointed under section 84(2) below to determine a claim which has become enforceable by virtue of the service of a notice under subsection (2) above before the expiry of eight months from the termination of the tenancy. 21 After section 84 (arbitrations) insert— Third party determinations 84A (1) Parties who wish to refer a matter for third party determination under this Act must jointly appoint a third party to determine the matter. (2) Parties may not under subsection (1) jointly appoint a third party to determine a matter once an arbitrator has been appointed to determine the matter under section 84(2). (3) Any matter which by or by virtue of this Act or regulations made under this Act may be determined by third party determination under this Act is to be treated as having been referred for third party determination under this Act once an appointment has been made under subsection (1). (4) References to “third party determination under this Act” are to the determination of a matter by the third party appointed under subsection (1) or a replacement third party jointly appointed by the parties on a termination of the earlier appointment and references to a “third party”, in the context of such a determination, are to the third party so appointed. (5) If a third party appointed under this section to determine a matter dies, or is incapable of acting, the parties may (instead of appointing a replacement) agree to proceed as if they had not referred the matter for third party determination under this Act. (6) A matter that has been referred for third party determination under this Act may not be determined by arbitration under this Act except by virtue of subsection (5). (7) Where by virtue of this Act compensation under an agreement is to be substituted for compensation under this Act for improvements or for any such matters as are specified in Part 2 of Schedule 8 to this Act, the third party must award compensation in accordance with the agreement instead of in accordance with this Act. 22 In section 85 (enforcement), in subsection (1) (recovery of unpaid amount by county court proceedings), for “or awarded” substitute “ , awarded or determined by third party determination ”. 23 (1) Section 86 (power of landlord to obtain charge on holding) is amended as follows. (2) In subsection (2) (provision for landlord to request arbitrator to certify amount of compensation and term for which charge may properly be made), in the opening words— (a) after “arbitration” insert “ or third party determination ”; (b) after “arbitrator” insert “ or (as the case may be) the third party ”. (3) In subsection (3) (landlord acting as trustee etc: ability to obtain order charging the holding with repayment of sums to be paid by the landlord under the Act)— (a) for “or awarded” (in the first place where it occurs) substitute “ , awarded or determined by third party determination ”; (b) after “awarded” (in the second place where it occurs) insert “ or determined by third party determination ”. 24 In section 96 (interpretation), in subsection (1), at the relevant place insert— “third party” and “third party determination” have the meaning given by section 84A(4) above; . 25 (1) Schedule 2 (arbitration of rent: provisions supplementary to section 12) is amended as follows. (2) In paragraph 1(3) (amount of rent: arbitrator determining current level of rents for comparable lettings)— (a) after “arbitrator” insert “ or (as the case may be) the third party ”; (b) after “arbitration” insert “ or third party determination ”. (3) In paragraph 2(1) (amount of rent: duty of arbitrator to disregard increase in rental value due to certain improvements), after “arbitrator” insert “ or (as the case may be) the third party ”. (4) In paragraph 3 (amount of rent: other duties of arbitrator)— (a) in the opening words, after “arbitrator” insert “ or (as the case may be) the third party ”; (b) in paragraph (a), after “arbitration” insert “ or third party determination ”. (5) In paragraph 4 (frequency of arbitrations under section 12), in sub-paragraph (1)(c), after “arbitrator” insert “ or third party ”. (6) In the heading to the Schedule, after “ARBITRATION” insert “ OR THIRD PARTY DETERMINATION ”.

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SCHEDULE 5 Auditors ceasing to hold office

Section 18 PART 1 Notification requirements 1 Chapter 4 of Part 16 of the Companies Act 2006 (audit: removal, resignation, etc of auditors) is amended in accordance with paragraphs 2 to 11. 2 Omit section 512 (notice to registrar of resolution removing auditor from office). 3 In section 516 (resignation of auditor), in subsection (2), for “The” substitute “ Where the company is a public interest company, the ”. 4 Omit section 517 (notice to registrar of resignation of auditor). 5 (1) Section 518 (rights of resigning auditor) is amended as follows. (2) In subsection (1), for the words from “auditor's notice of resignation” to the end of the subsection substitute auditor's (A's) notice of resignation is accompanied by a statement under section 519 except where— (a) the company is a non-public interest company, and (b) the statement includes a statement to the effect that A considers that none of the reasons for A's ceasing to hold office, and no matters (if any) connected with A's ceasing to hold office, need to be brought to the attention of members or creditors of the company (as required by section 519(3B)). (3) In subsection (2), for “circumstances connected with” substitute “ reasons for, and matters connected with, ”. (4) In subsection (3), in the words after paragraph (b), for “circumstances connected with” substitute “ reasons for, and matters connected with, ”. 6 In section 519 (statement by auditor to be deposited with company), in subsection (4), for “The statement required by this section” substitute “ A statement under this section ”. 7 (1) Section 520 (company's duties in relation to statement under section 519) is amended as follows. (2) In subsection (1), for the words from “the statement” to the end of the subsection substitute “a company receives from an auditor (“A”) who is ceasing to hold office a statement under section 519 except where— (a) the company is a non-public interest company, and (b) the statement includes a statement to the effect that A considers that none of the reasons for A's ceasing to hold office, and no matters (if any) connected with A's ceasing to hold office, need to be brought to the attention of members or creditors of the company (as required by section 519(3B)). (3) In subsection (2), for “The” substitute “ Where this section applies, the ”. 8 (1) Section 521 (copy of statement to be sent to registrar) is amended as follows. (2) Before subsection (1) insert— (A1) This section applies where an auditor (“A”) of a company sends a statement to the company under section 519 except where— (a) the company is a non-public interest company, and (b) the statement includes a statement to the effect that A considers that none of the reasons for A's ceasing to hold office, and no matters (if any) connected with A's ceasing to hold office, need to be brought to the attention of members or creditors of the company (as required by section 519(3B)). (3) In subsection (1), for “Unless” substitute “ Where this section applies, unless ”. 9 (1) Section 522 (duty of auditor to notify appropriate audit authority) is amended as follows. (2) For subsections (1) to (4) substitute— (1) Where an auditor of a company sends a statement under section 519, the auditor must at the same time send a copy of the statement to the appropriate audit authority. (3) In the heading, for “notify” substitute “ send statement to ”. 10 (1) Section 524 (information to be given to accounting authorities) is amended as follows. (2) For subsection (1) substitute— (1) Where the appropriate audit authority receives a statement under section 522 or a notice under section 523, the authority may forward to the accounting authorities— (a) a copy of the statement or notice, and (b) any other information the authority has received from the auditor or the company concerned in connection with the auditor's ceasing to hold office. (3) Omit subsection (3). (4) In the heading, for “Information to be given” substitute “ Provision of information ”. 11 (1) Section 525 (meaning of “appropriate audit authority” and “major audit”) is amended as follows. (2) In subsection (1)— (a) in paragraph (a)— (i) for the words before sub-paragraph (i) substitute “ in relation to an auditor of a public interest company (other than an Auditor General) ”; (ii) in sub-paragraph (ii), after “receiving the” insert “ statement or ”; (b) in paragraph (b), for the words from the beginning to “a major audit” substitute “ in relation to an auditor of a non-public interest company (other than an Auditor General) ”; (c) in paragraph (c), for “in the case of an audit conducted by” substitute “ in relation to ”. (3) Omit subsections (2) and (3). (4) In the heading, omit “and “major audit””. 12 (1) Schedule 8 to the Companies Act 2006 (index of defined expressions) is amended as follows. (2) Omit the entry for “major audit”. (3) At the appropriate places insert— exempt reasons, in relation to an auditor of a company ceasing to hold office (in Chapter 4 of Part 16) | section 519A non-public interest company (in Chapter 4 of Part 16) | section 519A public interest company (in Chapter 4 of Part 16) | section 519A PART 2 Miscellaneous 13 Chapter 4 of Part 16 of the Companies Act 2006 is further amended as follows. Failure to re-appoint auditor: special procedure requirements 14 (1) Section 514 (failure to re-appoint auditor: special procedure required for written resolution) is amended as follows. (2) For subsections (1) and (2) substitute— (1) This section applies where a resolution is proposed as a written resolution of a private company whose effect would be to appoint a person as auditor in place of a person (the “outgoing auditor”) who, at the time the resolution is proposed, is an auditor of the company and who is to cease to hold office at the end of a period for appointing auditors. But this section does not apply if the auditor is to cease to hold office by virtue of section 510 or 516. (2) This section also applies where a resolution is proposed as a written resolution of a private company whose effect would be to appoint a person as auditor where, at the time the resolution is proposed, the company does not have an auditor and the person proposed to be appointed is not a person (the “outgoing auditor”) who was an auditor of the company when the company last had an auditor. But this is subject to subsection (2A). (2A) This section does not apply (by virtue of subsection (2)) if— (a) a period for appointing auditors has ended since the outgoing auditor ceased to hold office, (b) the outgoing auditor ceased to hold office by virtue of section 510 or 516, or (c) the outgoing auditor has previously had the opportunity to make representations with respect to a proposed resolution under subsection (4) of this section or an intended resolution under section 515(4). (3) In subsection (3), for “The” substitute “ Where this section applies, the ”. 15 (1) Section 515 (failure to re-appoint auditor: special notice required for resolution at general meeting) is amended as follows. (2) For subsections (1) and (2) substitute— (1) Special notice is required for a resolution at a general meeting of a private company whose effect would be to appoint a person as auditor in place of a person (the “outgoing auditor”) who, at the time the notice is given, is an auditor of the company and who is to cease to hold office at the end of a period for appointing auditors. But special notice is not required under this subsection if the auditor is to cease to hold office by virtue of section 510 or 516. (1A) Special notice is required for a resolution at a general meeting of a public company whose effect would be to appoint a person as auditor in place of a person (the “outgoing auditor”) who, at the time the notice is given, is an auditor of the company and who is to cease to hold office at the end of an accounts meeting. But special notice is not required under this subsection if the auditor is to cease to hold office by virtue of section 510 or 516. (2) Special notice is required for a resolution at a general meeting of a company whose effect would be to appoint a person as auditor where, at the time the notice is given, the company does not have an auditor and the person proposed to be appointed is not a person (the “outgoing auditor”) who was an auditor of the company when the company last had an auditor. But this is subject to subsection (2A). (2A) Special notice is not required under subsection (2) if— (a) a period for appointing auditors has ended or (as the case may be) an accounts meeting of the company has been held since the outgoing auditor ceased to hold office, (b) the outgoing auditor ceased to hold office by virtue of section 510 or 516, or (c) the outgoing auditor has previously had the opportunity to make representations with respect to an intended resolution under subsection (4) of this section or a proposed resolution under section 514(4). (3) In subsection (3)— (a) omit “such”; (b) after “resolution” insert “ mentioned in subsection (1), (1A) or (2) ”. Replacement of references to documents being deposited at the company's registered office 16 (1) Section 516 (resignation of auditor) is amended as follows. (2) In subsection (1), for the words from “depositing” to the end of the subsection substitute “ sending a notice to that effect to the company ”. (3) In subsection (3), for “deposited” substitute “ received ”. 17 (1) Section 518 (rights of resigning auditor) is amended as follows. (2) In subsection (2)— (a) for “deposit” substitute “ send ”; (b) for “a signed” substitute “ an authenticated ”. (3) In subsection (5), for “of the deposit of” substitute “ on which the company receives ”. 18 (1) Section 519 (statement by auditor to be deposited with company) is amended as follows. (2) In subsection (4), for “deposited” substitute “ sent ”. (3) In the heading, for “deposited with” substitute “ sent to ”. 19 In section 520(2) (company's duties in relation to statement), for “deposit” substitute “ receipt ”. 20 In section 521(1) (copy of statement to be sent to registrar), for “deposited” substitute “ sent ”.

Propose a change

SCHEDULE 6 Insolvency and company law

Section 19 PART 1 Deeds of arrangement Repeal of Deeds of Arrangement Act 1914 1 (1) The Deeds of Arrangement Act 1914 is repealed. (2) In the Administration of Justice Act 1925, omit section 22 (which concerns registration of deeds of arrangement and is to be construed as one with the Act of 1914). 2 (1) The following amendments are made in consequence of paragraph 1. (2) In the Public Trustee Act 1906, in section 2(4), omit “, nor any trust under a deed of arrangement for the benefit of creditors”. (3) In the Trustee Act 1925, omit section 41(2). (4) In the Law of Property Act 1925, in section 43(1), omit “, deed of arrangement”. (5) In the Law of Property (Amendment) Act 1926, in section 3(1)— (a) omit “and property subject to a deed of arrangement”; (b) omit “and the trustee under the deed respectively”. (6) In the Administration of Justice Act 1965, in Schedule 1, omit the entry for the Deeds of Arrangement Act 1914. (7) In the Land Charges Act 1972— (a) omit section 1(1)(d) and (6A)(e); (b) omit section 7; (c) in section 17(1), omit the definition of “deed of arrangement”. (8) In the Magistrates' Courts Act 1980, in Schedule 1, omit paragraph 16. (9) In the Administration of Justice Act 1985— (a) in section 16(1)(g), omit “or a deed of arrangement for the benefit of his creditors”; (b) in section 17(2)(c), omit “or a deed of arrangement for the benefit of his creditors”. (10) In the Insolvency Act 1985, in Schedule 8, omit paragraph 2. (11) In the Insolvency Act 1986— (a) omit section 260(3); (b) in section 263(5), omit the words from “This is without prejudice” to the end of the subsection; (c) omit section 263D(6); (d) in section 372(1)— (i) omit paragraph (c) and the “or” before it; (ii) for “, the supervisor of the voluntary arrangement or the trustee under the deed of arrangement” substitute “ or the supervisor of the voluntary arrangement ”; (e) in section 379, omit “, and about proceedings in the course of that year under the Deeds of Arrangement Act 1914”; (f) in section 388(2)(b), omit “a deed of arrangement made for the benefit of his creditors or”; (g) in Schedule 9, in paragraph 24(a), omit “and of jurisdiction under the Deeds of Arrangement Act 1914”; (h) in Schedule 14, omit the entries for the Deeds of Arrangement Act 1914. (12) In the Taxation of Chargeable Gains Act 1992, in section 66(5), in the definition of “deed of arrangement”, for the words from “the Deeds of Arrangement Act 1914” to the end of the definition insert “ an enactment forming part of the law of Scotland or Northern Ireland which corresponds to the Deeds of Arrangement Act 1914 applies ”. (13) In the Value Added Tax Act 1994, in section 81(4B)(e), omit “the Deeds of Arrangement Act 1914 or”. (14) In the Finance Act 2000— (a) in Part 6 of Schedule 6, omit paragraph 75(2)(e)(i) and the “or” following it; (b) in Part 10 of Schedule 6, omit paragraph 120(7)(f)(i) and the “or” following it. (15) In the Finance Act 2001— (a) omit section 37(7)(f)(i) and the “or” following it; (b) in Schedule 8, omit paragraph 11(2)(e)(i) and the “or” following it. (16) In the Land Registration Act 2002, in section 87— (a) in subsection (1)(b), at the end insert “ and ”; (b) omit subsection (1)(d) and the “and” before it; (c) omit subsection (2)(b) and the “or” before it; (d) omit subsection (5). (17) In the Licensing Act 2003, in section 27(3)(c), omit “a deed of arrangement made for the benefit of his creditors or”. (18) In the Pensions Act 2004, omit section 121(2)(c). (19) In the Constitutional Reform Act 2005— (a) in Schedule 4, omit paragraph 19; (b) in Part 2 of Schedule 11, in paragraph 4(3), omit the entry for the Deeds of Arrangement Act 1914. (20) In the Tribunals, Courts and Enforcement Act 2007, in Schedule 13, omit paragraph 21. (21) In the Finance Act 2008, in section 131(8), in the definition of “deed of arrangement”, omit “the Deeds of Arrangement Act 1914 (c. 47) or”. (22) In the Third Parties (Rights against Insurers) Act 2010, omit section 4(1)(a). 3 The repeals and other amendments made by paragraphs 1 and 2 are to have no effect in relation to a deed of arrangement registered under section 5 of the Deeds of Arrangement Act 1914 before the date on which paragraph 1 of this Schedule comes into force if, immediately before that date, the estate of the debtor who executed the deed of arrangement has not been finally wound up. PART 2 Administration of companies 4 Schedule B1 to the Insolvency Act 1986 (administration of companies) is amended in accordance with paragraphs 5 to 7. Appointment of administrators 5 After paragraph 25 (circumstances in which an administrator of a company may not be appointed under paragraph 22) and before the italic cross-heading following paragraph 25 insert— 25A (1) Paragraph 25(a) does not prevent the appointment of an administrator of a company if the petition for the winding up of the company was presented after the person proposing to make the appointment filed the notice of intention to appoint with the court under paragraph 27. (2) But sub-paragraph (1) does not apply if the petition was presented under a provision mentioned in paragraph 42(4). 6 In paragraph 26 (notice by company, or directors of company, of intention to appoint administrator), in sub-paragraph (2) (requirement to give additional notice), for “proposes to make an appointment under paragraph 22” substitute “ gives notice of intention to appoint under sub-paragraph (1) ”. Release of administrator where no distribution to unsecured creditors other than by virtue of section 176A(2)(a) 7 (1) Paragraph 98 (vacation of office of administrator: discharge from liability) is amended as follows. (2) In sub-paragraph (2)(b) (when discharge takes effect in case of administrator appointed under paragraph 14 or 22), after “22” insert “ who has not made a statement under paragraph 52(1)(b) ”. (3) In sub-paragraph (2), after paragraph (b) (but before the “or” following it) insert— (ba) in the case of an administrator appointed under paragraph 14 or 22 who has made a statement under paragraph 52(1)(b), at a time decided by the relevant creditors, . (4) In sub-paragraph (3)— (a) for the words before paragraph (a) substitute “ For the purposes of sub-paragraph (2)(ba), the “relevant creditors” of a company are— ”; (b) in paragraph (b), for “give or withhold approval” substitute “ decide on the time of discharge ”. PART 3 Winding up of companies 8 Part 4 of the Insolvency Act 1986 (winding up of companies registered under the Companies Acts) is amended in accordance with paragraphs 9 and 10. Removal of power of court to order payment into Bank of England of money due to company 9 Omit section 151 (payment into bank of money due to company). Release of liquidator where winding-up order rescinded 10 In section 174 (release of liquidator of company being wound up by the court), after subsection (4) insert— (4A) Where a winding-up order made by the court in England and Wales is rescinded, the person (whether the official receiver or another person) who is the liquidator of the company at the time the order is rescinded has his release with effect from such time as the court may determine. PART 4 Disqualification of unfit directors of insolvent companies Application for making of disqualification order: power to require information 11 (1) In section 7 of the Company Directors Disqualification Act 1986 (disqualification order or undertaking; and reporting provisions), subsection (4) (power of Secretary of State or official receiver to require information) is amended as follows. (2) In the words before paragraph (a), for the words from “the liquidator” to “or administrative receiver of a company” (in the second place they occur) substitute “ any person ”. (3) In paragraph (a), for the words from “any person's conduct” to the end of the paragraph substitute “ that person's or another person's conduct as a director of a company which has at any time become insolvent (whether while the person was a director or subsequently), and ”. (4) In paragraph (b), for the words from “relevant to” to the end of the paragraph substitute “ as are considered by the Secretary of State or (as the case may be) the official receiver to be relevant to that person's or another person's conduct as such a director ”. PART 5 Bankruptcy 12 Part 9 of the Insolvency Act 1986 (bankruptcy) is amended in accordance with paragraphs 13 to 16. Appointment of insolvency practitioner as interim receiver 13 (1) In section 286(1) (power of court to appoint interim receiver if necessary for protection of debtor's property), after “official receiver” insert “ or an insolvency practitioner ”. (2) If sub-paragraph (1) comes into force before the coming into force of the repeal of subsection (2) of section 286 by paragraph 17(2) of Schedule 19 to the Enterprise and Regulatory Reform Act 2013, that subsection is to have effect (until the repeal comes into force) as if for “, instead of the official receiver,” there were substituted “ , another insolvency practitioner or the official receiver ”. 14 (1) Section 370 (power to appoint special manager) is amended as follows. (2) In subsection (1)(c) (power of court to appoint person to be special manager of property or business of debtor in whose case an interim receiver has been appointed under section 286), for “the official receiver has been appointed interim receiver” substitute “ an interim receiver has been appointed ”. (3) In subsection (2) (who may apply for the appointment of a special manager), for “official receiver” (in both places where it occurs) substitute “ interim receiver ”. Statement of affairs 15 (1) Section 288 (statement of affairs) is amended as follows. (2) In subsection (1) (duty of bankrupt to submit statement of affairs), for the words from “the bankrupt shall submit” to the end of the subsection substitute “ the official receiver may at any time before the discharge of the bankrupt require the bankrupt to submit to the official receiver a statement of affairs. ” (3) After subsection (2) insert— (2A) Where a bankrupt is required under subsection (1) to submit a statement of affairs to the official receiver, the bankrupt shall do so (subject to subsection (3)) before the end of the period of 21 days beginning with the day after that on which the prescribed notice of the requirement is given to the bankrupt by the official receiver. (4) In subsection (3)(a) (power of official receiver to release bankrupt from duty under subsection (1)), for “the bankrupt from his duty” substitute “ a bankrupt from an obligation imposed on the bankrupt ”. (5) For subsection (3)(b) (power of official receiver to extend period for submitting statement of affairs) substitute— (b) either when giving the notice mentioned in subsection (2A) or subsequently, extend the period mentioned in that subsection, . (6) In subsection (4)(a) (offence of failing to comply with obligation to submit statement of affairs), for “the obligation imposed by” substitute “ an obligation imposed under ”. After-acquired property of bankrupt 16 (1) Section 307 (power of trustee in bankruptcy to claim, for the bankrupt's estate, property which has been acquired by, or has devolved upon, the bankrupt after commencement of the bankruptcy) is amended as follows. (2) In subsection (3) (property to vest in trustee on service of notice on bankrupt), for “Subject to the next subsection” substitute “ Subject to subsections (4) and (4A) ”. (3) In subsection (4) (trustee not entitled to remedy against certain persons and certain bankers)— (a) in the words before paragraph (a), after “service” insert “ on the bankrupt ”; (b) omit paragraph (b) (which makes provision about bankers) and the “or” at the end of paragraph (a); (c) in the words after paragraph (b)— (i) omit “or transaction”; (ii) omit “or banker” (in both places where they occur). (4) After subsection (4) insert— (4A) Where a banker enters into a transaction before service on the banker of a notice under this section (and whether before or after service on the bankrupt of a notice under this section) the trustee is not in respect of that transaction entitled by virtue of this section to any remedy against the banker. This subsection applies whether or not the banker has notice of the bankruptcy. PART 6 Authorisation of insolvency practitioners 17 Part 13 of the Insolvency Act 1986 (insolvency practitioners and their qualification) is amended in accordance with paragraphs 18, 19 and 21. Repeal of provision for authorisation of nominees and supervisors in relation to voluntary arrangements 18 Omit section 389(1A) (acting without qualification not an offence if authorised under section 389A). 19 Omit section 389A (authorisation of nominees and supervisors). 20 (1) The following repeals are made in consequence of paragraphs 18 and 19. (2) In the Insolvency Act 1986— (a) in section 1(2), omit “or authorised to act as nominee,”; (b) in section 2(4), omit “, or authorised to act as nominee,”; (c) in section 4(2), omit “or authorised to act as nominee,”; (d) in section 7(5), omit “or authorised to act as supervisor,”; (e) in Schedule A1— (i) in paragraph 28(1), omit “, or authorised to act as nominee,”; (ii) in paragraph 31(2), omit “, or authorised to act as nominee,”; (iii) in paragraph 33(1), omit “, or authorised to act as nominee,”; (iv) in paragraph 39(6), omit “, or authorised to act as supervisor,”. (3) In the Insolvency Act 2000, omit section 4(3) and (4). (4) In Schedule 6 to the Mental Capacity Act 2005, omit paragraph 31(2). Repeal of provision for authorisation of insolvency practitioners to be granted by competent authority 21 Omit sections 392 to 398 and Schedule 7 (procedure for authorisation by competent authority, including provision for reference to Insolvency Practitioners Tribunal). 22 (1) The following repeals are made in consequence of paragraph 21. (2) In the Parliamentary Commissioner Act 1967, in Schedule 4, omit the entry for the Insolvency Practitioners Tribunal. (3) In the Northern Ireland Assembly Disqualification Act 1975, in Part 3 of Schedule 1, omit the entry for any member of the Insolvency Practitioners Tribunal in receipt of remuneration. (4) In the Companies Act 1985, in Schedule 15D, omit paragraph 37. (5) In the Insolvency Act 1986— (a) omit section 415A(2); (b) in Schedule 10, omit the entry for paragraph 4(3) of Schedule 7. (6) In the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), omit Article 349(2)(c) and the “or” before it. (7) In the Courts and Legal Services Act 1990, in Schedule 10, omit paragraph 67. (8) In the Tribunals and Inquiries Act 1992— (a) in Part 1 of Schedule 1, omit the entry for insolvency practitioners; (b) in Schedule 3, omit paragraph 19. (9) In the Railways Act 1993, omit section 145(2)(b)(ix) (but not the “or” following it). (10) In the Greater London Authority Act 1999, omit section 235(2)(c)(ix) (but not the “or” following it). (11) In the Utilities Act 2000, omit section 105(5)(j). (12) In the Transport Act 2000, in Schedule 9, omit paragraph 3(2)(l). (13) In the Enterprise Act 2002, omit section 270(3). (14) In the Constitutional Reform Act 2005, in Part 3 of Schedule 14, omit the entry for a member of the Insolvency Practitioners Tribunal panel. (15) In the Companies Act 2006— (a) in Schedule 2, in Part 2, in Section (A) (United Kingdom), omit paragraph 18; (b) in Schedule 11A, omit paragraph 64. (16) In the Tribunals, Courts and Enforcement Act 2007— (a) in Part 4 of Schedule 6, omit the entry for the Insolvency Practitioners Tribunal; (b) in Schedule 10, omit paragraph 19. (17) In the Civil Aviation Act 2012, in Schedule 6, in paragraph 4(2), omit the entry for the Insolvency Practitioners Tribunal. 23 (1) For the purposes of this paragraph— the “commencement date” is 1 October 2015 (the date on which paragraph 21 of this Schedule came into force); the “transitional period” is the period of 1 year beginning with the commencement date. (2) Where, immediately before the commencement date, a person holds an authorisation granted under section 393 of the Insolvency Act 1986, section 393(3A) to (6) of that Act together with, for the purposes of this sub-paragraph, paragraphs (a) and (b) of section 393(2) of that Act (which are repealed by paragraph 21) continue to have effect in relation to the person and the authorisation during the transitional period. (3) During the transitional period, a person to whom sub-paragraph (2) applies is to be treated for the purposes of Part 13 of the Insolvency Act 1986 as fully authorised under section 390A of that Act (as inserted by section 17(3) of this Act) to act as an insolvency practitioner unless and until the person's authorisation is (by virtue of sub-paragraph (2)) withdrawn. (4) Where, immediately before the commencement date, a person has applied under section 392 of the Insolvency Act 1986 for authorisation to act as an insolvency practitioner and the application has not been granted, refused or withdrawn, sections 392(4) to (7) and 393(1) and (2) of that Act (which are repealed by paragraph 21) continue to have effect in relation to the person and the application during the transitional period. (5) Where, during the transitional period, an authorisation is (by virtue of sub-paragraph (4)) granted under section 393 of the Insolvency Act 1986, sub-paragraphs (2) and (3) above apply as if— (a) the authorisation had been granted immediately before the commencement date; (b) in sub-paragraph (2), the reference to section 393(3A) to (6) were a reference to section 393(4) to (6). (6) For the purposes of sub-paragraphs (2) and (4), sections 394 to 398 of, and Schedule 7 to, the Insolvency Act 1986 (which are repealed by paragraph 21) continue to have effect during the transitional period. PART 7 Liabilities of administrators and administrative receivers of companies and preferential debts of companies and individuals Treatment of liabilities relating to contracts of employment 24 The Insolvency Act 1986 is amended in accordance with paragraphs 25 to 28. 25 In section 19 (vacation of office by administrator), as continued in force by virtue of section 249(1) of the Enterprise Act 2002 (special administration regimes), omit subsection (10) (what “wages or salary” includes for the purposes of subsection (9)(a)). 26 In section 44 (receivership: agency and liability for contracts), omit subsection (2D) (what “wages or salary” includes for the purposes of subsection (2C)(a)). 27 In Schedule B1 (administration of companies), in paragraph 99 (vacation of office by administrator: charges and liabilities), omit sub-paragraph (6)(d) (what “wages or salary” includes for the purposes of sub-paragraph (5)(c)) but not the “and” following it. 28 In Schedule 6 (categories of preferential debt), in paragraph 15 (what “wages or salary” includes for the purposes of determining what is a category 5 preferential debt), omit paragraph (b) and the “and” before it. PART 8 Requirements of company law: proxies Proxies at a poll taken 48 hours or less after it was demanded 29 In section 327(2) of the Companies Act 2006 (which regulates the period of notice required for the appointment of a proxy), omit paragraph (c). 30 In section 330(6) of that Act (which regulates the period of notice required for the termination of a proxy's authority), omit paragraph (c).

Propose a change

SCHEDULE 8 Provision of passenger rail services

Section 49 Consequential amendments 1 The Transport Act 1968 is amended in accordance with paragraphs 2 to 5. 2 (1) Section 10(1) is amended as follows. (2) In paragraph (iii), before “(ii)”, in both places, insert “ (ia)(b) or ”. (3) In paragraph (iv), before “(ii)” insert “ (ia), ”. (4) After paragraph (viiia), insert— (viiiaa) where that area is in England, to let locomotives and other rolling stock on hire to a person not falling within paragraph (viiia) for or in connection with the provision of railway passenger services; . (5) In paragraph (viiib), at the beginning insert “ where that area is in Wales or Scotland, ”. 3 In section 10(1), paragraphs (vi) and (viza) have effect, until the day on which the repeal of those provisions in relation to Scotland by section 14(1)(a) of the Railways Act 2005 comes into force, as if for “(ii)” there were substituted “ (ia)(b) ”. 4 (1) Section 20 (special duty of certain Executives with respect to railway passenger services) is amended as follows. (2) In paragraph (a) of subsection (2), omit the words from “for the purposes” to the end of the paragraph. (3) After subsection (2) insert— (2A) For the purposes of subsection (2)(a) “permitted distance”, in relation to an integrated transport area, a combined authority area or a passenger transport area, means the distance of 25 miles from the nearest point on the boundary of that area. 5 In section 23A (interpretation of certain provisions of this Part relating to railways), after subsection (1) insert— (1A) For the purposes of section 10, “railway” has the meaning given in section 67(1) of the Transport and Works Act 1992. 6 Section 119 of the Transport Act 1985 (bus substitution services and bus service conditions) has effect, until the repeal of the section by Part 4 of Schedule 31 to the Transport Act 2000 comes into force, as if— (a) in subsection (3) the words from “for the purposes” to the end of the subsection were omitted; (b) after subsection (5) there were inserted— (5A) For the purposes of subsection (3) “permitted distance”, in relation to a passenger transport area, means the distance of 25 miles from the nearest point on the boundary of that area. 7 In section 13 of the Railways Act 2005 (railway functions of Passenger Transport Executives), in subsection (9), for the words from “has the same meaning” to the end substitute “ , in relation to an integrated transport area, means the distance of 25 miles from the nearest point on the boundary of that area. ” Franchise exemptions granted by Secretary of State: protection of railway assets etc 8 After section 24 of the Railways Act 1993 insert— Secretary of State franchise exemptions: operator agreements 24A (1) Conditions specified in an order under section 24 made by the Secretary of State may, in particular, include conditions which are to apply to any person providing services under an operator agreement. (2) An order under section 24 made by the Secretary of State may include provision which, subject to any modifications that the Secretary of State considers appropriate, has an effect in connection with operator agreements which corresponds or is similar to the effect of the following provisions in connection with franchise agreements— (a) section 27(3) of this Act (restrictions on transfer or creation of security over assets); (b) section 27(5) of this Act (transactions entered into in breach of restrictions to be void); (c) section 27(6) and (7) of this Act (no execution or other legal process etc in respect of assets); (d) section 31 of this Act (disapplication of legislation: security of tenure of business premises); (e) sections 55 to 58 of this Act (enforcement); (f) section 12 of, and Schedule 2 to, the Railways Act 2005 (transfer schemes), subject to subsection (4) below. (3) Provision included in an order by virtue of subsection (2) may be made by applying the provision in question, subject to any modifications that the Secretary of State considers appropriate. (4) The provision which may be included in an order by virtue of subsection (2)(f) is subject to the following restrictions— (a) it is to be provision which applies only where an operator agreement is or has been in force to which one of the following is or was party— (i) a Passenger Transport Executive, (ii) a local transport authority, or (iii) a relevant company; (b) the person entitled under the provision to make a transfer scheme is to be a Passenger Transport Executive or local transport authority which— (i) is or was party to the operator agreement, or (ii) is the owner, or one of the owners, of a relevant company which is or was party to the operator agreement; (c) the persons to whom assets may be transferred under a scheme made under the provision are to be— (i) the Passenger Transport Executive or local transport authority which makes the scheme; (ii) any other Passenger Transport Executive or local transport authority which— (a) is or was party to the operator agreement, or (b) is the owner, or one of the owners, of a relevant company which is or was party to the operator agreement; (iii) a relevant company; (iv) a person who is, or is to be, the operator under an operator agreement. (5) In this section— “local transport authority” has the same meaning as in Part 2 of the Transport Act 2000 (see section 108(4) of that Act); “operator agreement” means any agreement which a person who has the benefit of a franchise exemption may enter into for another person (“the operator”) to provide the services (or any part of the services) in respect of which the exemption is granted; “Passenger Transport Executive” means a body which is such an Executive for the purposes of Part 2 of the Transport Act 1968; “relevant company” means— a company that is wholly owned by a Passenger Transport Executive or a local transport authority, or a company of which each owner is a Passenger Transport Executive or a local transport authority. Minor correcting amendments 9 (1) The Transport Act 1968 is amended as follows. (2) In section 9(1)(c)— (a) in sub-paragraph (i), for “sub-paragraph (ia)” substitute “ sub-paragraphs (ia) to (ie) ”; (b) after sub-paragraph (ia) insert— (ib) in relation to the area of the Greater Manchester Combined Authority, the Greater Manchester Passenger Transport Executive; (ic) in relation to the area of the Greater Merseyside Combined Authority, the Merseyside Passenger Transport Executive; (id) in relation to the area of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority, the South Yorkshire Passenger Transport Executive; (ie) in relation to the area of the Durham, Gateshead, Newcastle upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority, the Tyne and Wear Passenger Transport Executive; . (3) In section 16(2A)— (a) for “subsection (2)” substitute “ subsection (1) ”; (b) omit the “and” at the end of paragraph (b); (c) after paragraph (c) insert ; and (d) the words from “including in particular” to the end of the subsection were omitted. (4) In Schedule 5— (a) in Part 2, in paragraph 2, after “as the case may be,”, in both places where it occurs, insert “ the combined authority area or ”; (b) in Part 3, in paragraph 11(a), after “integrated transport area” insert “ , a combined authority area ”. 10 (1) In section 30 of the Railways Act 1993 (duty of relevant franchising authority), subsection (3) is amended as follows. (2) In paragraph (b)— (a) for “notice” substitute “ proposal ”; (b) for “the proposal date specified for the purposes of subsection (5)(a)(ii) of that section” substitute “ the date for the discontinuance of services specified in the proposal ”. (3) In paragraph (c), for “subsection (2)” substitute “ subsection (3) ”.

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SCHEDULE 9 Road traffic legislation: use of vehicles in emergency response by NHS

Section 50 Traffic Management Act 2004 1 The Traffic Management Act 2004 is amended as follows. 2 In section 85 (prohibition of double parking etc), in subsection (3), for “for fire brigade, ambulance or police purposes” substitute — (a) for fire brigade or police purposes, or (b) for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service. “An NHS ambulance service” means— (a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services; (b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services; (c) the Scottish Ambulance Service Board. 3 In section 86 (prohibition of parking at dropped footways etc), in subsection (4), for “for fire brigade, ambulance or police purposes” substitute — (a) for fire brigade or police purposes, or (b) for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service. “An NHS ambulance service” means— (a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services; (b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services; (c) the Scottish Ambulance Service Board. Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078) 4 The Road Vehicles (Construction and Use) Regulations 1986 are amended as follows. 5 In regulation 3(2) (interpretation), in the Table at the appropriate place insert— an NHS ambulance service | (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. 6 (1) Regulation 37 (audible warning instruments) is amended as follows. (2) In paragraph (5)(a), omit “, ambulance”. (3) After paragraph (5)(a) insert— (aza) used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service; . 7 (1) Regulation 82 (restriction on width of loads) is amended as follows. (2) In paragraph (10)(a), omit “, ambulance”. (3) After paragraph (10)(a) (but before the “or”) insert— (aa) for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service; . 8 (1) Regulation 101 (parking in darkness) is amended as follows. (2) In paragraph (2)(a), omit “ambulance”. (3) After paragraph (2)(a) insert— (aa) being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service if compliance with those provisions would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion; . 9 (1) Regulation 107 (leaving motor vehicles unattended) is amended as follows. (2) In paragraph (2)(a), omit “ambulance,”. (3) After paragraph (2)(a) (but before the “or”) insert— (aa) being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service; . Road Vehicles Lighting Regulations 1989 (S.I. 1989/1796) 10 The Road Vehicles Lighting Regulations 1989 are amended as follows. 11 (1) The Table in regulation 3(2) (which sets out the meaning of expressions used in the regulations) is amended as follows. (2) In column 2, in paragraph (a) of the definition of “emergency vehicle”, omit “, ambulance”. (3) In that definition, after paragraph (a) insert— (aza) a vehicle used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service; (4) At the appropriate place insert— An NHS ambulance service | (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. 12 (1) Regulation 11 (colour of light shown by lamps and reflectors) is amended as follows. (2) Omit paragraph (2)(y)(iii). (3) After paragraph (2)(y) insert— (z) reflected light from yellow or orange retro reflective material fitted to the rear of a vehicle— (i) used for ambulance purposes, or (ii) used for the purpose of providing a response to an emergency at the request of an NHS ambulance service. 13 In Part 2 of Schedule 17 (requirements relating to optional side retro reflectors), in the first column of the Table, below “Ambulance” (but in the same row) insert “ The provision of a response to an emergency at the request of an NHS ambulance service but only in respect of a vehicle which is owned by the service or held by it under a lease or hire agreement ”. 14 (1) Part 2 of Schedule 18 (requirements relating to optional rear retro reflectors) is amended as follows. (2) The first sentence becomes paragraph 1. (3) At the end of that paragraph insert “ , subject to paragraphs 2 and 3. ” (4) The second sentence becomes paragraph 2. (5) In that paragraph— (a) omit “But”; (b) omit paragraph (c). (6) After paragraph 2 insert— 3 The colour of rear retro reflectors fitted to— (a) a vehicle used for ambulance purposes, or (b) a vehicle used for the purpose of providing a response to an emergency at the request of an NHS ambulance service, may be red, yellow or orange (or any combination), provided that, in the case mentioned in paragraph (b), the vehicle is owned by the NHS ambulance service or held by it under a lease or hire agreement. Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I. 1997/2400) 15 The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 are amended as follows. 16 In regulation 3(1) (interpretation), at the appropriate place insert— “an NHS ambulance service” means— (a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services; (b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services; (c) the Scottish Ambulance Service Board; . 17 (1) Regulation 12 (significance of vehicular light signals at Pelican crossings) is amended as follows. (2) In paragraph (1)(e), omit “, ambulance, national blood service”. (3) After paragraph (1)(e) insert— (eza) when a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition conveyed by the steady amber or the red signal in accordance with sub-paragraph (c) or (d) would be likely to hinder the use of that vehicle for the purpose for which it is being used, then those sub-paragraphs shall not apply to the vehicle, and the steady amber and the red signal shall each convey the information that the vehicle may proceed beyond the stop line if the driver— (i) accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on a central reservation which lies between two crossings which do not form part of a system of staggered crossings; and (ii) does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident; . 18 (1) Regulation 13 (significance of vehicular light signals at Puffin crossings) is amended as follows. (2) In paragraph (1)(f), omit “, ambulance, national blood service”. (3) After paragraph (1)(f) insert— (fa) when a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition conveyed by the amber, red or red-with-amber signal in accordance with sub-paragraph (c), (d) or (e) would be likely to hinder the use of that vehicle for the purpose for which it is being used, then those sub-paragraphs shall not apply to the vehicle, and the red signal, red-with-amber and amber signals shall each convey the information that the vehicle may proceed beyond the stop line if the driver— (i) accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on a central reservation which lies between two crossings which do not form part of a system of staggered crossings; and (ii) does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident; . 19 (1) Regulation 21 (stopping in controlled areas) is amended as follows. (2) In paragraph (c), omit “, ambulance”. (3) After paragraph (c) insert— (ca) when the vehicle is being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service; or . Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113) 20 The Traffic Signs Regulations and General Directions 2002 are amended as follows. 21 In regulation 4 (interpretation), at the appropriate place insert— “an NHS ambulance service” means— (a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services; (b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services; (c) the Scottish Ambulance Service Board. 22 (1) Regulation 15 (keep right and kept left signs) is amended as follows. (2) In paragraph (2)— (a) omit “ambulance,”; (b) omit “, national blood service”. (3) After paragraph (2) insert— (2ZA) On an occasion where a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the requirement specified in paragraph (1) would be likely to hinder the use of that vehicle for one of those purposes then, instead of that requirement, the requirement conveyed by the sign in question shall be that the vehicle shall not proceed beyond that sign in such a manner or at such a time as to be likely to endanger any person. 23 (1) Regulation 26 (double white lines) is amended as follows. (2) In paragraph (5)(b), omit “ambulance,”. (3) After paragraph (5)(b) insert— (bza) to a vehicle for the time being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service; . 24 (1) Regulation 27 (zig zag lines) is amended as follows. (2) In paragraph (3)(c), omit “ambulance,”. (3) After paragraph (3)(c) insert— (ca) when the vehicle is being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service; . 25 (1) Regulation 36 (light signals) is amended as follows. (2) In paragraph (1)(b)— (a) omit “ambulance,”; (b) omit “, national blood service”. (3) After paragraph (1)(b) insert— (bza) when a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition conveyed by the red signal in accordance with sub-paragraph (a) would be likely to hinder the use of that vehicle for the purpose for which it is being used, then sub-paragraph (a) shall not apply to the vehicle, and the red signal shall convey the prohibition that that vehicle shall not proceed beyond the stop line in a manner or at a time likely to endanger any person or to cause the driver of any vehicle proceeding in accordance with the indications of light signals operating in association with the signals displaying the red signal to change its speed or course in order to avoid an accident; . 26 (1) Schedule 19 (bus stop and bus stand clearways and box junctions) is amended as follows. (2) In paragraph 4 (bus stop and bus stand clearways)— (a) in paragraph (a), omit “ambulance,”; (b) after paragraph (a) insert— (aza) a vehicle being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service; . (3) In paragraph 9 (box junctions)— (a) omit “ambulance,”; (b) omit “, national blood service”. (4) After paragraph 9 insert— 10 When a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition in paragraph 7(1) or 8 would be likely to hinder the use of that vehicle for the purpose for which it is being used, then that prohibition shall not apply to the driver of the vehicle.

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SCHEDULE 10 Regulation of the use of roads and railways

Section 51 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— Implementation of permit schemes of strategic highway companies and local highway authorities in England 33A (1) This section applies to a permit scheme prepared in accordance with section 33(1) or (2) by— (a) a strategic highways company, (b) a local highway authority in England, or (c) such a company or authority acting together with one or more other such companies or authorities. (2) The scheme shall not have effect in the area of a participating authority unless the authority gives effect to it by order. (3) For the purposes of subsection (2) a local highway authority or a strategic highways company is a “participating authority” in relation to a permit scheme if it is the highway authority for any of the streets in which the scheme is to control the carrying out of works. (4) An order under subsection (2)— (a) must set out the scheme and specify the date on which the scheme is to come into effect, and (b) may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order. 7 (1) Section 34 (implementation of local highway authority permit schemes) is amended as follows. (2) In subsection (1)— (a) after “prepared” insert “ by a local highway authority in Wales ”; (b) for “appropriate national authority (“the authority”)” substitute “ Welsh Ministers ”; (c) for “33(1) or (2)” substitute “ 33(1A) or (2A) ”. (3) In subsection (2), for “authority” substitute “ Welsh Ministers ”. (4) In subsection (3), for “it approves” substitute “ the Welsh Ministers approve ”. (5) In subsection (4), for “the authority by order gives” substitute “ the Welsh Ministers by order give ”. (6) In the heading, at the end insert “ : Wales ”. 8 For section 36 (variation and revocation of permit schemes) substitute— Variation and revocation of permit schemes 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 4 Pedestrian crossings: removal of requirement to inform Secretary of State 23 In section 23(2) of the Road Traffic Regulation Act 1984— (a) omit paragraph (c) (which requires that the Secretary of State or, in relation to Wales, the Welsh Ministers be informed in writing before certain pedestrian crossings are established or removed etc); (b) omit the “and” before that paragraph. PART 5 Off-road motoring events 24 In section 13A(1) of the Road Traffic Act 1988 (list of motoring offences which do not apply for authorised off-road motoring events), after “2” insert “ , 2B ”. PART 6 Testing of vehicles 25 In section 52 of the Road Traffic Act 1988 (supplementary provisions about tests etc of goods vehicles), in subsection (2) (which confers power on the Secretary of State to provide and maintain stations and apparatus for the carrying out of examinations of certain goods vehicles), for the words from “provide and maintain” to the end of the subsection substitute — (a) provide and maintain stations where examinations of goods vehicles under regulations under section 49 or under section 50 of this Act may be carried out, (b) designate premises as stations where such examinations may be carried out, and (c) provide and maintain apparatus for the carrying out of such examinations. 26 (1) Section 46 of that Act (provision which may be included in regulations under section 45 of that Act about tests of the condition of vehicles other than certain goods vehicles) is amended as follows. (2) In subsection (1), after paragraph (j) insert— (ja) the charges to be paid to the Secretary of State by persons occupying premises designated under section 8(3)(b) of the Public Passenger Vehicles Act 1981 as stations where inspections of public service vehicles may be carried out where the charges are in connection with— (i) the provision by the Secretary of State of vehicle examiners to examine public service vehicles on the premises, (ii) the issue of test certificates or notifications of the refusal of test certificates in respect of examinations of public service vehicles carried out on the premises, (iii) the issue of duplicates or copies of test certificates issued in respect of such examinations, and (iv) the correction of errors in test certificates so issued, . (3) In that subsection, omit the “and” at the end of paragraph (k) and insert— (ka) the keeping by persons mentioned in paragraph (ja) of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed, . (4) In that subsection, after paragraph (l) insert , and (m) the keeping of records by persons mentioned in paragraph (ja) and the providing by them of returns and information to the Secretary of State. (5) In subsection (4), after “subsection (1)(j)” insert “ or (ja) ”. 27 (1) Section 51 of that Act (particular aspects of regulations under section 49 of that Act dealing with the testing of certain goods vehicles etc) is amended as follows. (2) In subsection (1), after paragraph (k) insert— (ka) make provision as to the charges to be paid to the Secretary of State by persons occupying premises designated under section 52(2)(b) as stations where examinations of goods vehicles may be carried out where the charges are in connection with— (i) the provision by the Secretary of State of vehicle examiners to examine goods vehicles on the premises, (ii) the issue of test certificates or notifications of the refusal of test certificates in respect of examinations of goods vehicles carried out on the premises, (iii) the issue of duplicates or copies of test certificates issued in respect of such examinations, and (iv) the correction of errors in test certificates so issued, . (3) In that subsection, after paragraph (ka) (as inserted by sub-paragraph (2)) insert— (kb) make provision as to the keeping by persons mentioned in paragraph (ka) of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed, (kc) make provision as to the keeping of records by persons mentioned in paragraph (ka) and the providing by them of returns and information to the Secretary of State, . (4) After subsection (1) insert— (1A) The provision which may be made by virtue of subsection (1)(ka) above includes provision requiring— (a) the making to the Secretary of State at prescribed times of payments, of such amounts as may be determined by him in accordance with regulations, on account of charges that may become payable, and (b) where forms for test certificates and notifications of the refusal of test certificates are supplied by the Secretary of State, the payment to him of charges for the supply of such forms, and for the repayment, in prescribed circumstances, of such payments received by the Secretary of State. PART 7 Rail vehicle accessibility regulations: exemption orders 28 The Equality Act 2010 is amended as follows. 29 (1) Section 183 (exemptions from rail vehicle accessibility regulations) is amended as follows. (2) Omit subsection (3) (power to make regulations as to exemption orders: applications etc). (3) After subsection (6) insert— (7) Section 207(2) does not require an exemption order to be made by statutory instrument; but such an order is as capable of being amended or revoked as an order made by statutory instrument. 30 In consequence of paragraph 29— (a) omit section 184 (procedure for making exemption orders); (b) in section 185 (annual report on exemption orders)— (i) omit subsection (1)(b); (ii) in subsection (2)(b), for “sections 183(4) and 184(2)” substitute “ section 183(4) ”; (c) in section 208 (Ministers of the Crown, etc)— (i) omit subsection (5)(g); (ii) omit subsection (7)(a). 31 (1) This paragraph applies to an exemption order made by statutory instrument under section 183(1) of the Equality Act 2010, or treated as so made, before the date on which paragraph 29(3) comes into force. (2) The order is to be treated as having been made otherwise than by statutory instrument; but is to be as capable of being amended or revoked as an order made by statutory instrument.

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SCHEDULE 11 Enforcement of transport legislation

Section 52 PART 1 Drink and drug driving offences Removal of “statutory option” to have breath specimen replaced: road and rail transport 1 (1) In section 8 of the Road Traffic Act 1988 (choice of specimens of breath), omit subsections (2), (2A), (3) and (4). (2) The amendments in sub-paragraphs (3) to (5) are made in consequence of sub-paragraph (1). (3) In the Road Traffic Act 1988— (a) for the heading of section 8 substitute “ Breath specimen showing higher alcohol level to be disregarded ”; (b) in section 8(1), omit “Subject to subsection (2) below,”; (c) in section 195(3), omit “8(3),”; (d) in section 195(4), omit “8(3),”; (e) in section 195(4A), omit “8(3) or”. (4) In the Serious Organised Crime and Police Act 2005, omit section 154(7). (5) In the Scotland Act 2012, omit section 20(2) to (4). 2 (1) In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of railways etc: offences involving drink or drugs), in section 32 (choice of specimens of breath), omit subsections (2) to (4). (2) In consequence of sub-paragraph (1), for the heading of that section substitute “ Breath specimen showing higher alcohol level to be disregarded ”. No need for preliminary breath test before evidential breath test: road transport 3 (1) The Road Traffic Act 1988 is amended as follows. (2) In section 7 (provision of specimens for analysis), for subsection (2) substitute— (2) A constable may make a requirement under this section to provide specimens of breath only if— (a) the requirement is made at a police station or a hospital, (b) the requirement is imposed in circumstances where section 6(5) of this Act applies, or (c) the constable is in uniform. (3) Omit subsections (2A) and (2B). (4) After subsection (2C) insert— (2CA) For the purposes of subsection (2C) “a relevant breath test” is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his breath or blood is likely to exceed the prescribed limit. (5) After subsection (5) insert— (5A) A constable may arrest a person without warrant if— (a) the person fails to provide a specimen of breath when required to do so in pursuance of this section, and (b) the constable reasonably suspects that the person has alcohol in his body. Removing restriction that evidential breath test must be taken at police station: rail transport 4 (1) In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of railways etc: offences involving drink or drugs), section 31 (provision of specimens for analysis) is amended as follows. (2) For subsection (2) substitute— (2) A constable may make a requirement under this section to provide specimens of breath only if— (a) the requirement is made at a police station or a hospital, or (b) the constable is in uniform. (3) After subsection (7) insert— (7A) A constable may arrest a person without warrant if— (a) the person fails to provide a specimen of breath when required to do so in pursuance of this section, and (b) the constable reasonably suspects that the person has alcohol in his body. Health care professionals advising whether condition is due to drugs: road and rail transport 5 In section 7 of the Road Traffic Act 1988 (provision of specimens for analysis), in subsection (3)(c) (medical advice that person's condition might be due to drugs), after “advised by a medical practitioner” insert “ or a registered health care professional ”. 6 In section 31 of the Transport and Works Act 1992 (provision of specimens for analysis)— (a) in subsection (4)(c) (medical advice that person's condition might be due to drugs), after “advised by a medical practitioner” insert “ or a registered health care professional ”; (b) omit subsections (9A), (9B) and (9C). Further extension of role of health care professionals: road and rail transport 7 The Road Traffic Act 1988 is amended in accordance with paragraphs 8 and 9. 8 (1) Section 7A (specimens of blood taken from persons incapable of consenting) is amended as follows. (2) In subsections (1) and (2)(a), for “a medical practitioner” substitute “ a medical or health care practitioner ”. (3) In subsection (2)(b), for “a medical practitioner other than a police medical practitioner” substitute “ a practitioner other than a police medical or health care practitioner ”. (4) In subsection (2)(b)(i), for “to made to a police medical practitioner” substitute “ to be made to a police medical or health care practitioner ”. (5) In subsection (2)(b)(ii), omit “medical”. (6) In subsection (3), for “a medical practitioner” substitute “ a medical or health care practitioner ”. (7) For subsection (7) substitute— (7) In this section— “medical or health care practitioner” means a medical practitioner or a registered health care professional; “police medical or health care practitioner” means a medical practitioner, or a registered health care professional, who is engaged under any agreement to provide medical or health care services for purposes connected with the activities of a police force. 9 In section 11 (interpretation), in subsection (4) (providing a specimen of blood), omit “by a medical practitioner or, if it is taken in a police station,”. 10 In consequence of paragraphs 8 and 9, in section 15 of the Road Traffic Offenders Act 1988 (use of specimens in proceedings for certain offences under the Road Traffic Act), in subsection (4) (circumstances in which specimen of blood is to be disregarded)— (a) in paragraph (a), for the words from “and either” to the end of the paragraph substitute “ by a medical practitioner or a registered health care professional ”; (b) in paragraph (b), after “medical practitioner” insert “ or a registered health care professional ”. 11 The Transport and Works Act 1992 is amended in accordance with paragraphs 12 and 13. 12 (1) Section 31A (specimens of blood taken from persons incapable of consenting) is amended as follows. (2) In subsections (1) and (2)(a), for “a medical practitioner” substitute “ a medical or health care practitioner ”. (3) In subsection (2)(b), for “a medical practitioner other than a police medical practitioner” substitute “ a practitioner other than a police medical or health care practitioner ”. (4) In subsection (2)(b)(i), for “to made to a police medical practitioner” substitute “ to be made to a police medical or health care practitioner ”. (5) In subsection (2)(b)(ii), omit “medical”. (6) In subsection (3), for “a medical practitioner” substitute “ a medical or health care practitioner ”. (7) For subsection (7) substitute— (7) In this section— “medical or health care practitioner” means a medical practitioner or a registered health care professional; “police medical or health care practitioner” means a medical practitioner, or a registered health care professional, who is engaged under any agreement to provide medical or health care services for purposes connected with the activities of a police force. 13 In section 38 (interpretation of Chapter 1), in subsection (5)(b) (providing a specimen of blood), omit “by a medical practitioner or, if it is taken in a police station,”. Application of Road Traffic Act provisions in shipping regime 14 (1) In Part 4 of the Railways and Transport Safety Act 2003 (shipping: alcohol and drugs), section 83 (specimens, etc) is amended as follows. (2) After subsection (1) (but before the table) insert— (1A) The references in the table to provisions of the Road Traffic Act 1988 or the Road Traffic Offenders Act 1988 are, subject to any contrary intention expressed in this Part or in any other enactment, references to those provisions as amended from time to time. (3) The table is amended as follows. (4) In the entry for sections 6A to 6E of the Road Traffic Act 1988, in the third column, at the end insert— In section 6C, the following shall be disregarded— in subsection (1)(b), the words following “in his body”; subsection (3). In section 6D, subsection (1)(b) shall be disregarded. (5) In the entry for section 7 of the Road Traffic Act 1988, in the third column— (a) after the first sentence insert— Subsection (1A) shall be disregarded. In subsection (2)(b), the reference to the circumstances in which section 6(5) of the 1988 Act applies shall be treated as a reference to the circumstances in which the following provision of this table applies: paragraph (c) of the modifications specified for section 6 of the 1988 Act. ; (b) in the last sentence, for “or 4” substitute “ , 4 or 5A ”. (6) In the entry for section 8 of the Road Traffic Act 1988, in the second column, for “Choice of specimen of breath” substitute “ Breath specimen showing higher alcohol level to be disregarded ”. (7) In the entry for section 10 of the Road Traffic Act 1988, in the third column— (a) in paragraph (b), for “or 5” substitute “ , 5 or 5A ”; (b) before the last sentence insert— In subsection (2), paragraph (c) shall be disregarded. (8) In the entry for section 15 of the Road Traffic Offenders Act 1988, in the third column— (a) in the first sentence, for “section 3A, 4 or 5” substitute “ any of sections 3A to 5A ”; (b) after the first sentence insert— Subsection (2)(b) shall be disregarded. ; (c) after the last sentence insert— Subsection (3A) shall be disregarded. 15 In Schedule 22 to the Crime and Courts Act 2013 (drugs and driving: minor and consequential amendments), omit paragraphs 8 and 14. Application of Road Traffic Act provisions in aviation regime 16 (1) In Part 5 of the Railways and Transport Safety Act 2003 (aviation: alcohol and drugs), section 96 (specimens, etc) is amended as follows. (2) After subsection (1) (but before the table) insert— (1A) The references in the table to provisions of the Road Traffic Act 1988 or the Road Traffic Offenders Act 1988 are, subject to any contrary intention expressed in this Part or in any other enactment, references to those provisions as amended from time to time. (3) The table is amended as follows. (4) In the entry for sections 6A to 6E of the Road Traffic Act 1988, in the third column, at the end insert— In section 6C, the following shall be disregarded— in subsection (1)(b), the words following “in his body”; subsection (3). In section 6D, subsection (1)(b) shall be disregarded. (5) In the entry for section 7 of the Road Traffic Act 1988, in the third column— (a) after the first sentence insert— Subsection (1A) shall be disregarded. In subsection (2)(b), the reference to the circumstances in which section 6(5) of the 1988 Act applies shall be treated as a reference to the circumstances in which the following provisions of this table apply: paragraphs (c) and (d) of the modifications specified for section 6 of the 1988 Act. ; (b) in the last sentence, for “or 4” substitute “ , 4 or 5A ”. (6) In the entry for section 8 of the Road Traffic Act 1988— (a) in the second column, for “Choice of specimen of breath” substitute “ Breath specimen showing higher alcohol level to be disregarded ”; (b) omit the words in the third column. (7) In the entry for section 10 of the Road Traffic Act 1988, in the third column— (a) in paragraph (b), for “or 5” substitute “ , 5 or 5A ”; (b) before the last sentence insert— In subsection (2), paragraph (c) shall be disregarded. (8) In the entry for section 15 of the Road Traffic Offenders Act 1988, in the third column— (a) in the first sentence, for “section 3A, 4 or 5” substitute “ any of sections 3A to 5A ”; (b) after the first sentence insert— Subsection (2)(b) shall be disregarded. ; (c) after the last sentence insert— Subsection (3A) shall be disregarded. PART 2 Bus lane contraventions 17 (1) Until the relevant day, section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) has effect as if in subsection (3)(b), for the words from “made an order” to the end of the paragraph there were substituted “ notified the authority in writing that it is an approved local authority for the purposes of this section (and has not withdrawn that notice). ” (2) In sub-paragraph (1) the “relevant day” means the day on which the repeal of section 144 of the Transport Act 2000 by Part 1 of Schedule 12 to the Traffic Management Act 2004 comes into force in relation to England. 18 (1) Sub-paragraph (2) applies to any authority which, immediately before paragraph 17 comes into force, is specified in an order under section 144(3)(b) of the Transport Act 2000 as an approved local authority for the purposes of section 144 of that Act. (2) The authority is to be treated, on and after the date on which paragraph 17 comes into force, as having been notified in writing by the Secretary of State that it is an approved local authority for the purposes of section 144 of the Transport Act 2000. 19 In paragraph 9 of Schedule 8 to the Traffic Management Act 2004 (designation of civil enforcement areas for bus lane contraventions), after sub-paragraph (3) insert— (3A) A notice given (and not withdrawn) before the commencement of this Part of this Act approving a local authority in England for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions) has effect on and after the commencement of this Part of this Act (in relation to England) as an order under this paragraph designating as a civil enforcement area for bus lane contraventions so much of that authority's area as is a civil enforcement area for parking contraventions.

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SCHEDULE 12 Household waste: London

Section 58 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— Regulations relating to receptacles for household waste: enforcement 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. Amount of penalty charge that may be imposed under section 20A 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)). Penalty charges under section 20A: procedure regarding notices of intent and final notices 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. Appeals and application of provisions of Part 4 of this Act 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 ”.

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SCHEDULE 13 Other measures relating to animals, food and the environment

Section 59 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”; (c) in section 85(4), for “, a combined authority and a joint waste authority” substitute “ and a combined 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); (c) in section 99(4), omit paragraph (dba); (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 ”; (c) in section 41(13), in the definition of “local authority”, omit paragraph (ea) (but not the “and” following it). (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; (c) in section 240(6), omit “, 207”. (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) ”; (c) in Schedule 11, in paragraphs 1(1)(b) and 4(2)(b), omit “or 84”. 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).

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SCHEDULE 14 Abolition of office of the Chief Executive of Skills Funding

Section 64 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 ”; (c) omit paragraph (f). (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— Territorial application of Part 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 ”; (c) omit subsection (5)(a); (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 ”; (c) for the title of Chapter 2 substitute “ Provision of services to other bodies ”; (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; (c) section 72; (d) in Schedule 18, paragraphs 4 and 6.

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