After subsection (2) insert—

“(2A)

A description of undertaking included in regulations under subsection (2) may be framed by reference to—

(a)

the type of activities carried out by the undertaking, where those activities are carried out or any other feature of the undertaking;

(b)

whether persons who may be affected by the conduct of the undertaking, other than the self-employed person (or his employees), may thereby be exposed to risks to their health or safety.”

In section 11 of that Act (functions of the Executive), after subsection (4A) insert—

“(4AA)

Subsection (4)(b)(i) does not apply in relation to the making of regulations under section 3(2) for the railway safety purposes (and, accordingly, the Executive shall submit under subsection (3) such proposals as the Executive considers appropriate for the making of regulations under section 3(2) for those purposes).”

After subsection (6) insert—

“(6A)

This section does not apply to a Sikh who—

(a)

works, or is training to work, in an occupation that involves (to any extent) providing an urgent response to fire, riot or other hazardous situations, and

(b)

is at the workplace—

(i)

to provide such a response in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or

(ii)

to receive training in how to provide such a response in circumstances of that kind.

(6B)

This section also does not apply to a Sikh who—

(a)

is a member of Her Majesty's forces or a person providing support to Her Majesty's forces, and

(b)

is at the workplace—

(i)

to take part in a military operation in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or

(ii)

to receive training in how to take part in such an operation in circumstances of that kind.”

After paragraph (6) insert—

“(6A)

This Article does not apply to a Sikh who—

(a)

works, or is training to work, in an occupation that involves (to any extent) providing an urgent response to fire, riot or other hazardous situations, and

(b)

is at the workplace—

(i)

to provide such a response in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or

(ii)

to receive training in how to provide such a response in circumstances of that kind.

(6B)

This Article also does not apply to a Sikh who—

(a)

is a member of Her Majesty's forces or a person providing support to Her Majesty's forces, and

(b)

is at the workplace—

(i)

to take part in a military operation in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or

(ii)

to receive training in how to take part in such an operation in circumstances of that kind.”

In section 55 (licensing of operators of private hire vehicles), for subsection (2) substitute—

“(2)

Every licence granted under this section shall remain in force for five years or for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of the case.”

In section 3 (prohibition of unlicensed activities), after subsection (3) insert—

“(3A)

An order under subsection (3) may—

(a)

provide that section 10(1) does not apply to a person to the extent that the person is carrying on activities that do not require a licence by virtue of the order;

(b)

specify the maximum amount of a person's liability under section 10(1) so far as the liability relates to the carrying on of activities that do not require a licence by virtue of the order.”

In section 5 (terms of licence), after subsection (2) insert—

“(3)

A licence must specify the maximum amount of the licensee's liability to indemnify Her Majesty's government in the United Kingdom under section 10 in respect of activities authorised by the licence.”

In section 10 (obligation to indemnify government against claims), after subsection (1) insert—

“(1A)

Subsection (1) is subject to—

(a)

any limit on the amount of a person's liability that is specified in a licence, and

(b)

any order made under section 3(3).”

In Part 1 of the Energy Act 2008 (gas importation and storage), after section 3 insert—

“3AException for unloading to an installation in certain circumstances

The prohibition in section 2(1) does not apply to a person (“A”) who uses a controlled place for the unloading of gas to an installation if—

(a)

the installation is maintained by another person (“B”) who has a licence in respect of the maintenance of the installation and the use of a controlled place for the unloading of gas to it, and

(b)

B consents to the use by A of the controlled place for the unloading of gas to the installation.”

In section 20 (offence of emitting smoke in smoke control area where emission caused by use of fuel other than authorised fuel), after subsection (5) insert—

“(5ZA)

In the application of this Part to England, “authorised fuel” means a fuel included in a list of authorised fuels kept by the Secretary of State for the purposes of this Part.

(5ZB)

The Secretary of State must—

(a)

publish the list of authorised fuels, and

(b)

publish a revised copy of the list as soon as is reasonably practicable after any change is made to it.

(5ZC)

The list must be published in such manner as the Secretary of State considers appropriate.”

In section 21 (power by order to exempt certain fireplaces), at the beginning insert—

“A1

For the purposes of the application of this Part to England, the Secretary of State may exempt any class of fireplace from the provisions of section 20 (prohibition of smoke emissions in smoke control area) if he is satisfied that such fireplaces can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke.

A2

An exemption under subsection (A1) may be made subject to such conditions as the Secretary of State considers appropriate.

A3

The Secretary of State must—

(a)

publish a list of those classes of fireplace that are exempt under subsection (A1) including details of any conditions to which an exemption is subject;

(b)

publish a revised copy of the list as soon as is reasonably practicable after any change is made to the classes of fireplace that are so exempt or to the conditions to which an exemption is subject.

A4

The list must be published in such manner as the Secretary of State considers appropriate.”

In section 390 (persons not qualified to act as insolvency practitioners), for subsection (2) substitute—

“(2)

A person is not qualified to act as an insolvency practitioner at any time unless at that time the person is appropriately authorised under section 390A.”

After section 390 insert—

“390AAuthorisation

(1)

In this Part—

“partial authorisation” means authorisation to act as an insolvency practitioner—

(a)

only in relation to companies, or

(b)

only in relation to individuals;

“full authorisation” means authorisation to act as an insolvency practitioner in relation to companies, individuals and insolvent partnerships;

“partially authorised” and “fully authorised” are to be construed accordingly.

(2)

A person is fully authorised under this section to act as an insolvency practitioner—

(a)

by virtue of being a member of a professional body recognised under section 391(1) and being permitted to act as an insolvency practitioner for all purposes by or under the rules of that body, or

(b)

by holding an authorisation granted by the Department of Enterprise, Trade and Investment in Northern Ireland under Article 352 of the Insolvency (Northern Ireland) Order 1989.

(3)

A person is partially authorised under this section to act as an insolvency practitioner—

(a)

by virtue of being a member of a professional body recognised under section 391(1) and being permitted to act as an insolvency practitioner in relation only to companies or only to individuals by or under the rules of that body, or

(b)

by virtue of being a member of a professional body recognised under section 391(2) and being permitted to act as an insolvency practitioner by or under the rules of that body.

390BPartial authorisation: acting in relation to partnerships

(1)

A person who is partially authorised to act as an insolvency practitioner in relation to companies may nonetheless not accept an appointment to act in relation to a company if at the time of the appointment the person is aware that the company—

(a)

is or was a member of a partnership, and

(b)

has outstanding liabilities in relation to the partnership.

(2)

A person who is partially authorised to act as an insolvency practitioner in relation to individuals may nonetheless not accept an appointment to act in relation to an individual if at the time of the appointment the person is aware that the individual—

(a)

is or was a member of a partnership other than a Scottish partnership, and

(b)

has outstanding liabilities in relation to the partnership.

(3)

Subject to subsection (9), a person who is partially authorised to act as an insolvency practitioner in relation to companies may nonetheless not continue to act in relation to a company if the person becomes aware that the company—

(a)

is or was a member of a partnership, and

(b)

has outstanding liabilities in relation to the partnership,

unless the person is granted permission to continue to act by the court.

(4)

Subject to subsection (9), a person who is partially authorised to act as an insolvency practitioner in relation to individuals may nonetheless not continue to act in relation to an individual if the person becomes aware that the individual—

(a)

is or was a member of a partnership other than a Scottish partnership, and

(b)

has outstanding liabilities in relation to the partnership,

unless the person is granted permission to continue to act by the court.

(5)

The court may grant a person permission to continue to act for the purposes of subsection (3) or (4) if it is satisfied that the person is competent to do so.

(6)

A person who is partially authorised and becomes aware as mentioned in subsection (3) or (4) may alternatively apply to the court for an order (a “ replacement order ”) appointing in his or her place a person who is fully authorised to act as an insolvency practitioner in relation to the company or (as the case may be) the individual.

(7)

A person may apply to the court for permission to continue to act or for a replacement order under—

(a)

where acting in relation to a company, this section or, if it applies, section 168(5B) (member of insolvent partnership: England and Wales);

(b)

where acting in relation to an individual, this section or, if it applies, section 303(2C) (member of insolvent partnership: England and Wales).

(8)

A person who acts as an insolvency practitioner in contravention of any of subsections (1) to (4) is guilty of an offence under section 389 (acting without qualification).

(9)

A person does not contravene subsection (3) or (4) by continuing to act as an insolvency practitioner during the permitted period if, within the period of 7 business days beginning with the day after the day on which the person becomes aware as mentioned in the subsection, the person—

(a)

applies to the court for permission to continue to act, or

(b)

applies to the court for a replacement order.

(10)

For the purposes of subsection (9)—

“business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of Great Britain;

“permitted period” means the period beginning with the day on which the person became aware as mentioned in subsection (3) or (4) and ending on the earlier of—

(a)

the expiry of the period of 6 weeks beginning with the day on which the person applies to the court as mentioned in subsection (9)(a) or (b), and

(b)

the day on which the court disposes of the application (by granting or refusing it);

“replacement order” has the meaning given by subsection (6).”

For section 391 (recognised professional bodies) substitute—

“391Recognised professional bodies

(1)

The Secretary of State may by order declare a body which appears to the Secretary of State to meet the requirements of subsection (4) to be a recognised professional body which is capable of providing its insolvency specialist members with full authorisation or partial authorisation.

(2)

The Secretary of State may by order declare a body which appears to the Secretary of State to meet the requirements of subsection (4) to be a recognised professional body which is capable of providing its insolvency specialist members with partial authorisation only.

(3)

An order under subsection (2) must state whether the partial authorisation relates to companies or to individuals.

(4)

The requirements are that the body—

(a)

regulates the practice of a profession, and

(b)

maintains and enforces rules for securing that its insolvency specialist members—

(i)

are fit and proper persons to act as insolvency practitioners, and

(ii)

meet acceptable requirements as to education and practical training and experience.

(5)

The Secretary of State may make an order revoking an order under subsection (1) or (2) in relation to a professional body if it appears to the Secretary of State that the body no longer meets the requirements of subsection (4).

(6)

The Secretary of State may make an order revoking an order under subsection (1) and replacing it with an order under subsection (2) in relation to a professional body if it appears to the Secretary of State that the body is capable of providing its insolvency specialist members with partial authorisation only.

(7)

An order of the Secretary of State under this section has effect from such date as is specified in the order.

(8)

An order revoking an order made under subsection (1) or (2) may make provision whereby members of the body in question continue to be treated as fully or partially authorised to act as insolvency practitioners (as the case may be) for a specified period after the revocation takes effect.

(9)

In this section—

(a)

references to members of a recognised professional body are to persons who, whether members of that body or not, are subject to its rules in the practice of the profession in question (and the references in section 390A to members of a recognised professional body are to be read accordingly);

(b)

references to insolvency specialist members of a professional body are to members who are permitted by or under the rules of the body to act as insolvency practitioners.”

In section 519 (statement by auditor to be deposited with company on ceasing to hold office), for subsections (1) to (3) substitute—

“(1)

An auditor of a public interest company who is ceasing to hold office (at any time and for any reason) must send to the company a statement of the reasons for doing so.

(2)

An auditor (“A”) of a non-public interest company who is ceasing to hold office must send to the company a statement of the reasons for doing so unless A satisfies the first or second condition.

(2A)

The first condition is that A is ceasing to hold office—

(a)

in the case of a private company, at the end of a period for appointing auditors;

(b)

in the case of a public company, at the end of an accounts meeting.

(2B)

The second condition is that—

(a)

A's reasons for ceasing to hold office are all exempt reasons (as to which see section 519A(3)), and

(b)

there are no matters connected with A's ceasing to hold office that A considers need to be brought to the attention of members or creditors of the company.

(3)

A statement under this section must include—

(a)

the auditor's name and address;

(b)

the number allocated to the auditor on being entered in the register of auditors kept under section 1239;

(c)

the company's name and registered number.

(3A)

Where there are matters connected with an auditor's ceasing to hold office that the auditor considers need to be brought to the attention of members or creditors of the company, the statement under this section must include details of those matters.

(3B)

Where—

(a)

an auditor (“A”) of a non-public interest company is required by subsection (2) to send a statement, and

(b)

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,

A's statement under this section must include a statement to that effect.”

After section 519 insert—

“519AMeaning of “public interest company”, “non-public interest company” and “exempt reasons”

(1)

In this Chapter—

“public interest company” means a company—

(a)

any of whose transferable securities are included in the official list (within the meaning of Part 6 of the Financial Services and Markets Act 2000), or

(b)

any of whose equity share capital is officially listed in an EEA state;

“non-public interest company” means a company that is not a public interest company.

(2)

For the purposes of the definition of “public interest company”, “transferable securities” means anything which is a transferable security for the purposes of Directive 2004/39/EC of the European Parliament and of the Council on markets in financial instruments.

(3)

In the application of this Chapter to an auditor (“A”) of a company ceasing to hold office, the following are “exempt reasons”—

(a)

A is no longer to carry out statutory audit work within the meaning of Part 42 (see section 1210(1));

(b)

the company is, or is to become, exempt from audit under section 477, 479A or 480, or from the requirements of this Part under section 482, and intends to include in its balance sheet a statement of the type described in section 475(2);

(c)

the company is a subsidiary undertaking of a parent undertaking that is incorporated in the United Kingdom and—

(i)

the parent undertaking prepares group accounts, and

(ii)

A is being replaced as auditor of the company by the auditor who is conducting, or is to conduct, an audit of the group accounts;

(d)

the company is being wound up under Part 4 of the Insolvency Act 1986 or Part 5 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), whether voluntarily or by the court, or a petition under Part 4 of that Act or Part 5 of that Order for the winding up of the company has been presented and not finally dealt with or withdrawn.

(4)

But the reason described in subsection (3)(c) is only an exempt reason if the auditor who is conducting, or is to conduct, an audit of the group accounts is also conducting, or is also to conduct, the audit (if any) of the accounts of each of the subsidiary undertakings (of the parent undertaking) that is incorporated in the United Kingdom and included in the consolidation.

(5)

The Secretary of State may by order amend the definition of “public interest company” in subsection (1).

(6)

An order under subsection (5) is subject to negative resolution procedure.”

In section 523 (duty of company to notify appropriate audit authority), for subsections (1) to (3) substitute—

“(1)

This section applies if an auditor is ceasing to hold office—

(a)

in the case of a private company, at any time other than at the end of a period for appointing auditors;

(b)

in the case of a public company, at any time other than at the end of an accounts meeting.

(1A)

But this section does not apply if the company reasonably believes that the only reasons for the auditor's ceasing to hold office are exempt reasons (as to which see section 519A(3)).

(2)

Where this section applies, the company must give notice to the appropriate audit authority that the auditor is ceasing to hold office.

(2A)

The notice is to take the form of a statement by the company of what the company believes to be the reasons for the auditor's ceasing to hold office and must include the information listed in section 519(3).

This is subject to subsection (2C).

(2B)

Subsection (2C) applies where—

(a)

the company receives a statement from the auditor under section 519,

(b)

the statement is sent at the time required by section 519(4), and

(c)

the company agrees with the contents of the statement.

(2C)

Where this subsection applies, the notice may instead take the form of a copy of the statement endorsed by the company to the effect that it agrees with the contents of the statement.

(3)

A notice under this section must be given within the period of 28 days beginning with the day on which the auditor ceases to hold office.”

In section 119 (which sets out the qualifying period for the right to buy), before subsection (1) insert—

“A1

In the application of this Part to England, the right to buy does not arise unless the period which, in accordance with Schedule 4, is to be taken into account for the purposes of this section is at least three years.”

In article 2 (prescribed information relating to tenancy deposits), after paragraph (2) insert—

“(3)

In a case where the initial requirements of an authorised scheme have been complied with in relation to the deposit by a person (“the initial agent”) acting on the landlord's behalf in relation to the tenancy—

(a)

references in paragraph (1)(b), (g)(iii) and (vii) to the landlord are to be read as references to either the landlord or the initial agent;

(b)

references in paragraphs (1)(d), (e), (g)(iv) and (vi) and (2) to the landlord are to be read as references to either the landlord or a person who acts on the landlord's behalf in relation to the tenancy.

(4)

In any other case, references in paragraphs (1)(d), (e), (g)(iv) and (vi) and (2) to the landlord are to be read as references to either the landlord or a person who acts on the landlord's behalf in relation to the tenancy.

(5)

Section 212(9)(a) of the Act (references to landlord include persons acting on landlord's behalf) does not apply for the purposes of this article.”

After article 2 insert—

“Article 2(3) to (5): transitional provisions3

(1)

Paragraphs (3) to (5) of article 2 are treated as having had effect since 6th April 2007, subject to the following provisions of this article.

(2)

Paragraphs (3) to (5) of article 2 do not have effect in relation to—

(a)

a claim under section 214 of the Act or section 21 of the Housing Act 1988 in respect of a tenancy which is settled before the commencement date (whether or not proceedings in relation to the claim have been instituted), or

(b)

proceedings under either of those sections in respect of a tenancy which have been finally determined before the commencement date.

(3)

Paragraph (5) applies in respect of a tenancy if—

(a)

proceedings under section 214 of the Act in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and

(b)

because of paragraphs (3) to (5) of article 2, the court decides—

(i)

not to make an order under section 214(4) of that Act in respect of the tenancy, or

(ii)

to allow an appeal by the landlord against such an order.

(4)

Paragraph (5) also applies in respect of a tenancy if—

(a)

proceedings for possession under section 21 of the Housing Act 1988 in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and

(b)

because of paragraphs (3) to (5) of article 2, the court decides—

(i)

to make an order for possession under that section in respect of the tenancy, or

(ii)

to allow an appeal by the landlord against a refusal to make such an order.

(5)

Where this paragraph applies, the court must not order the tenant or any relevant person (as defined by section 213(10) of the Act) to pay the landlord's costs, to the extent that the court reasonably considers those costs are attributable to the proceedings under section 214 of the Act or (as the case may be) section 21 of the Housing Act 1988.

(6)

Proceedings have been “finally determined” for the purposes of this article if—

(a)

they have been determined by a court, and

(b)

there is no further right to appeal against the determination.

(7)

There is no further right to appeal against a court determination if there is no right to appeal against the determination, or there is such a right but—

(a)

the time limit for making an appeal has expired without an appeal being brought, or

(b)

an appeal brought within that time limit has been withdrawn.

(8)

In this article “the commencement date” means the date on which the Deregulation Act 2015 is passed.”

After subsection (4A) insert—

“(4B)

A notice under subsection (1) or (4) may not be given in relation to an assured shorthold tenancy of a dwelling-house in England—

(a)

in the case of a tenancy which is not a replacement tenancy, within the period of four months beginning with the day on which the tenancy began, and

(b)

in the case of a replacement tenancy, within the period of four months beginning with the day on which the original tenancy began.

(4C)

Subsection (4B) does not apply where the tenancy has arisen due to section 5(2).

(4D)

Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun after the end of the period of six months beginning with the date on which the notice was given under subsection (1) or (4).

(4E)

Where—

(a)

a notice under subsection (4) has been given in relation to a dwelling-house in England, and

(b)

paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given,

proceedings for an order for possession under this section may not be begun after the end of the period of four months beginning with the date specified in the notice.”

In section 25 (provision of temporary sleeping accommodation to constitute material change of use), after subsection (1) insert—

“(1A)

Subsection (1) is subject to section 25A.”

After section 25 insert—

“25AException to section 25

(1)

Despite section 25(1), the use as temporary sleeping accommodation of any residential premises in Greater London does not involve a material change of use if two conditions are met.

(2)

The first is that the sum of—

(a)

the number of nights of use as temporary sleeping accommodation, and

(b)

the number of nights (if any) of each previous use of the premises as temporary sleeping accommodation in the same calendar year,

does not exceed ninety.

(3)

The second is that, in respect of each night which falls to be counted under subsection (2)(a)—

(a)

the person who provided the sleeping accommodation for the night was liable to pay council tax under Part 1 of the Local Government Finance Act 1992 in respect of the premises, or

(b)

where more than one person provided the sleeping accommodation for the night, at least one of those persons was liable to pay council tax under Part 1 of that Act in respect of the premises.

(4)

For the purposes of subsection (2)(b), it does not matter whether any previous use was by the same person.”

After section 25A (inserted by subsection (3) above) insert—

“25BFurther provision about section 25A

(1)

The local planning authority or the Secretary of State may direct that section 25A is not to apply—

(a)

to particular residential premises specified in the direction;

(b)

to residential premises situated in a particular area specified in the direction.

(2)

A direction under subsection (1) may be given only if the local planning authority or (as the case may be) the Secretary of State considers that it is necessary to protect the amenity of the locality.

(3)

The local planning authority may give a direction under subsection (1) only with the consent of the Secretary of State.

(4)

A direction under subsection (1) may be revoked by the person who gave it, whether or not an application is made for the revocation.

(5)

The Secretary of State may—

(a)

delegate the functions of the Secretary of State under subsection (1) or (4) to the local planning authority;

(b)

direct that a local planning authority may give directions under this section without the consent of the Secretary of State.

(6)

The Secretary of State may revoke a delegation under subsection (5)(a) or a direction under subsection (5)(b).

(7)

The Secretary of State may by regulations made by statutory instrument make provision—

(a)

as to the procedure which must be followed in connection with the giving of a direction under subsection (1) or in connection with the revocation of such a direction under subsection (4);

(b)

as to the information which must be provided where the local planning authority seeks the consent of the Secretary of State to the giving of a direction under subsection (1).

(8)

A statutory instrument containing regulations under subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament.

(9)

In this section, “local planning authority” has the same meaning as in the Town and Country Planning Act 1990 (see section 336(1) of that Act).”

After subsection (1) insert—

“(1A)

In subsection (1)(aa), “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.”

After subsection (1) insert—

“(1A)

Subsection (1) above applies in relation to a vehicle that, although not being used for ambulance purposes, is being used for the purpose of providing a response to an emergency at the request of an NHS ambulance service.

(1B)

In subsection (1A), “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.”

After section 78 (notification of penalty charge) insert—

“78ANotification of penalty charge: parking contraventions in England

(1)

Regulations under section 78 must include provision requiring notification of a penalty charge to be given by a notice affixed to the vehicle where the charge is in respect of a parking contravention on a road in a civil enforcement area in England.

(2)

The regulations may, however, provide that the requirement does not apply in circumstances specified in the regulations (which may be framed by reference to the type of contravention, the circumstances in which a contravention occurs or in any other way) and, where the regulations so provide, they may make any such alternative provision for notification as is authorised by section 78.”

After section 87 insert—

“87APower to prohibit use of devices etc: parking contraventions in England

(1)

The Secretary of State may by regulations make provision to prohibit the use by civil enforcement officers of a device of a description specified in the regulations, or of records produced by such a device, in connection with the enforcement of parking contraventions on a road in a civil enforcement area in England.

(2)

The prohibition may be—

(a)

general, or

(b)

limited to particular uses specified in the regulations.

(3)

The regulations may provide that a general or limited prohibition does not apply in circumstances specified in the regulations (which may be framed by reference to the type of contravention, the circumstances in which a contravention occurs or in any other way).

(4)

Regulations under this section may amend this Part or any provision made under it.”

After section 46 insert—

“46AWritten warnings and penalties for failure to comply with requirements relating to household waste receptacles: England

(1)

This section applies where an authorised officer of a waste collection authority in England is satisfied that—

(a)

a person has failed without reasonable excuse to comply with a requirement imposed by the authority under section 46(1), (3)(c) or (d) or (4) (a “section 46 requirement”), 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 authorised officer may give a written warning to the person.

(3)

A written warning must—

(a)

identify the section 46 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 section 46 requirement.

(4)

Where a written warning has been given in respect of a failure to comply that is continuing, an authorised officer of the waste collection authority may require the person to whom the written warning was given to pay a fixed penalty to the authority if satisfied that the person has failed to comply with the section 46 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 fixed penalty under subsection (4) and that requirement has not been withdrawn on appeal, an authorised officer of the authority may require the person to pay a further fixed penalty to the authority 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 given.

(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 46C(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 fixed penalty imposed by the 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 fixed penalty is withdrawn on appeal.

(7)

Where a written warning has been given, whether or not in respect of a failure to comply that is continuing, an authorised officer of the waste collection authority may require the person to whom the written warning was given to pay a fixed penalty to the authority if satisfied that, within the period of one year beginning with the day the written warning was given —

(a)

the person has again failed without reasonable excuse to comply with the section 46 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 section 46 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)

An authorised officer may require a person to pay a fixed penalty under subsection (5) or (7) each time that the authorised officer is satisfied of the matters mentioned in the subsection.

(9)

An authorised officer imposing a requirement to pay a fixed penalty under subsection (4), (5) or (7) must act in accordance with section 46C.

(10)

A “fixed penalty” means a monetary penalty of an amount determined in accordance with section 46B.

(11)

An “authorised officer”, in relation to a waste collection authority, means—

(a)

an employee of the authority who is authorised in writing by the authority for the purpose of giving written warnings and requiring payment of fixed penalties under this section;

(b)

any person who, under arrangements made with the authority, has the function of giving such warnings and requiring such payments and is authorised in writing by the authority to perform that function;

(c)

any employee of such a person who is authorised in writing by the authority for the purpose of giving such warnings and requiring such payments.

46BAmount of penalty under section 46A and recovery of penalty

(1)

The amount of the monetary penalty that a person may be required to pay to a waste collection authority under section 46A is—

(a)

the amount specified by the waste collection authority in relation to the authority's area, or

(b)

if no amount is so specified, £60.

(2)

A waste collection authority may make provision for treating a fixed penalty under section 46A as having been paid if a lesser amount is paid before the end of a period specified by the authority.

(3)

The Secretary of State may by regulations make provision in connection with the powers conferred on waste collection authorities in England under subsections (1)(a) and (2).

(4)

Regulations under subsection (3) may (in particular)—

(a)

require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations;

(b)

restrict the extent to which, and the circumstances in which, a waste collection authority may make provision under subsection (2).

(5)

The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).

(6)

A fixed penalty under section 46A—

(a)

is recoverable summarily as a civil debt;

(b)

is recoverable as if it were payable under an order of the High Court or the county court, if the court in question so orders.

46CPenalties under section 46A: procedure regarding notices of intent and final notices

(1)

Before requiring a person to pay a fixed penalty under section 46A, an authorised officer 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 fixed penalty,

(b)

the amount of the penalty 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 authorised officer as to why payment of a fixed penalty 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 fixed penalty under section 46A, an authorised officer 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 an authorised officer 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, an authorised officer 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 fixed penalty,

(b)

the amount of the penalty,

(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 46B(2),

(f)

the right to appeal under section 46D, and

(g)

the consequences of not paying the penalty.

46DAppeals against penalties under section 46A

(1)

A person on whom a final notice is served under section 46C may appeal to the First-tier Tribunal against the decision to require payment of a fixed penalty.

(2)

On an appeal under this section the First-tier Tribunal may withdraw or confirm the requirement to pay the fixed penalty.

(3)

The requirement to pay the fixed penalty is suspended pending the determination or withdrawal of the appeal that is the final appeal made by the person against the decision to require payment of the penalty.

(This is subject to subsection (4).)

(4)

Where the requirement to pay the fixed penalty is confirmed at any stage in the proceedings on appeal, payment must be made before the end of the period of 28 days beginning with the day on which the requirement is so confirmed unless the person makes a further appeal before the end of that period.

(5)

The reference in subsection (4) to the requirement to pay the fixed penalty being confirmed on appeal includes a reference to an appeal decision confirming the requirement to pay the fixed penalty being upheld on a further appeal.”

In that section, after subsection (11) insert—

“(11A)

Regulations under subsection (10) may provide that, where the terms on which a person is appointed by the Treasury or by the Secretary of State include provision for payment to the person, the payment must be made by a government department specified in the regulations (instead of by the person making the appointment).

(11B)

Regulations may provide that, where a person authorised to manage a child trust fund by virtue of subsection (10) ceases to be so authorised, the person must provide any information held by that person in connection with the management of the fund to the person (if any) who becomes authorised by virtue of that subsection to manage the trust fund instead.”

In subsection (6), for paragraphs (a) and (b) substitute—

“(a)

if the child is 16 or over and has elected to manage the child trust fund, is the child;

(b)

in any other case, is the person who has that authority by virtue of subsection (7) (but subject to subsection (10)).”

After section 7 insert—

“7ATransfers to other accounts for children

(1)

Regulations may make provision requiring an account provider, at the request of a person who has the authority to manage a child trust fund, to—

(a)

transfer all the investments under the fund, or an amount representing their value in cash, to a protected child account that is provided by a person chosen by the person making the request, and

(b)

when all the investments have been transferred, close the child trust fund.

(2)

An account is a protected child account if—

(a)

there is relief from income tax and capital gains tax in respect of investments under it,

(b)

it may be held only by a child, and

(c)

it satisfies any other conditions prescribed in regulations under this section.”

After section 7A (as inserted by subsection (2)) insert—

“7BTransfers on child reaching 18

(1)

Regulations may make provision requiring an account provider to transfer all the investments under a child trust fund held by a person immediately before his or her 18th birthday to a protected account of a description prescribed in the regulations.

(2)

Regulations under subsection (1) must include provision that the requirement does not apply if the person gives instructions, in accordance with the regulations, to the account provider as to what is to be done with the investments.

(3)

An account is a protected account if—

(a)

there is relief from income tax and capital gains tax in respect of investments under it, and

(b)

it satisfies any other conditions prescribed in regulations under this section.”

After paragraph 2 insert—

“2AExempt supplies: designated areas, descriptions of premises and times

(1)

The supply of hot food or hot drink is an exempt supply for the purposes of paragraph 1(1) if it takes place—

(a)

on or from premises which are wholly situated in an area designated by the relevant licensing authority;

(b)

on or from premises which are of a description designated by the relevant licensing authority; or

(c)

during a period (beginning no earlier than 11.00 p.m. and ending no later than 5.00 a.m.) designated by the relevant licensing authority.

(2)

A licensing authority may designate a description of premises under sub-paragraph (1)(b) only if the description is one that is prescribed by regulations.

(3)

A designation under sub-paragraph (1) may be varied or revoked by the licensing authority that made it.

(4)

A licensing authority that makes, varies or revokes a designation under sub-paragraph (1) must publish the designation, variation or revocation.

(5)

In sub-paragraph (1) references to the “relevant licensing authority”, in relation to a supply of hot food or hot drink, are references to—

(a)

the licensing authority in whose area the premises on or from which the food or drink is supplied are situated, or

(b)

where those premises are situated in the areas of two or more licensing authorities, any of those authorities.”

In section 12 (motor racing on public ways), after subsection (1) insert—

“(1A)

Subsection (1) is subject to—

(a)

in relation to England and Wales, sections 12A to 12F (which make provision to allow the holding of races or trials of speed between motor vehicles on public ways in England and Wales);

(b)

in relation to Scotland, sections 12G to 12I (which make provision to allow the holding of races or trials of speed between motor vehicles on public ways in Scotland).”

After section 12 insert—

“12AMotor race orders: England and Wales: overview

(1)

Sections 12A to 12F allow highway authorities to make orders relating to the holding of a race or trial of speed between motor vehicles on a highway in England and Wales (“motor race orders”).

(2)

A motor race order is made on the application of the person promoting the event, with the permission of a motor sport governing body (see sections 12B to 12D).

(3)

The effect of a motor race order is set out in section 12E.

12BPermission to apply for motor race order

(1)

A person who wishes to promote a race or trial of speed between motor vehicles on a highway in England and Wales may apply for a permit to a motor sport governing body authorised by regulations made by the appropriate national authority to issue permits in respect of a race or trial of speed of that kind.

(2)

Before issuing a permit, the motor sport governing body must consult—

(a)

the highway authority for each area in which the event is to take place or which is otherwise likely to be significantly affected by the event,

(b)

the local authority for each such area,

(c)

the police authority for each such area,

(d)

in the case of an event that is to take place in Greater London, the Greater London Authority,

(e)

each person who has given the motor sport governing body written notice within the previous 12 months that the person wishes to be consulted about applications under this section, and

(f)

such other persons as the motor sport governing body thinks appropriate.

(3)

The motor sport governing body must issue the permit if satisfied that—

(a)

the applicant intends to promote the proposed event,

(b)

the applicant has the necessary financial and other resources to make appropriate arrangements for the event,

(c)

the applicant has arranged or will arrange appropriate insurance cover in connection with the event, in accordance with guidance issued by the motor sport governing body, and

(d)

the application includes all necessary details of the safety and other arrangements proposed for the event.

(4)

A permit must specify—

(a)

any route to be followed in the course of the event;

(b)

arrangements for the approval by the motor sport governing body of drivers participating in the event;

(c)

arrangements for the approval by the motor sport governing body of vehicles to be used in the course of the event;

(d)

arrangements made or to be made for insurance in connection with the event.

(5)

A permit may set out conditions that the motor sport governing body thinks should be included in any motor race order made in relation to the event.

(6)

The appropriate national authority must by regulations list motor sport governing bodies that are authorised to issue permits for the purposes of this section.

(7)

The regulations may specify the kinds of races or trials of speed between motor vehicles on a highway in respect of which each listed governing body may issue permits.

(8)

The regulations may provide that a listed motor sport governing body ceases to be authorised to issue permits if the rules of the governing body—

(a)

include provision of a kind specified in the regulations;

(b)

do not include provision of a kind so specified.

(9)

In this section—

“the appropriate national authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

“local authority” means —

(a)

a county or district council in England;

(b)

a parish council in England;

(c)

a London borough council;

(d)

the Common Council of the City of London in its capacity as a local authority;

(e)

the Council of the Isles of Scilly;

(f)

a county or county borough council in Wales.

12CApplication for motor race order

(1)

A motor race order may only be made on an application under this section.

(2)

An application may be made only by a person who—

(a)

wishes to promote a race or trial of speed between motor vehicles on a highway in England and Wales, and

(b)

has a permit issued in accordance with section 12B in relation to the event.

(3)

The application must be made to the highway authority for the area in which the event is to take place (and, where the event is to take place in the area of more than one highway authority, separate applications must be made under this section to each authority).

(4)

The application must be made not less than 6 months before the event.

(5)

The application must be accompanied by—

(a)

the permit issued in accordance with section 12B;

(b)

details of any orders under section 16A of the Road Traffic Regulation Act 1984 (prohibition or restriction on roads in connection with certain events), and of any other orders, regulations or other legislative instruments, that will be needed in connection with the event;

(c)

a risk assessment in such form as the highway authority may specify;

(d)

such fee as the highway authority may specify.

12DDetermination of applications for motor race orders

(1)

Before determining whether to make a motor race order, a highway authority must consider—

(a)

the likely impact of the event on the local community,

(b)

the potential local economic and other benefits (in respect of tourism or otherwise), and

(c)

any other local considerations that the authority thinks relevant.

(2)

The highway authority may make the motor race order if satisfied that—

(a)

adequate arrangements have been made to allow the views of the local community to be taken into account,

(b)

the person proposing to promote the event has shown that the event is commercially viable, and

(c)

effective arrangements have been made to involve local residents, the police and other emergency services in the planning and implementation of the event.

(3)

A motor race order must—

(a)

specify the event to which it relates, including the date or (in the case of an event that is to take place on more than one day) the dates on which it is to take place,

(b)

include a map of the area to be used for the event (showing, in particular, the roads which participants will use, and areas which will be available for occupation by spectators), and

(c)

include any other information specified by the appropriate national authority by regulations.

(4)

A motor race order may include conditions which must be satisfied before, during or after the event.

(5)

A motor race order may, in particular, include conditions designed to ensure that the arrangements mentioned in subsection (2)(c) continue throughout the planning and implementation of the event.

(6)

In this section, “the appropriate national authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers.

12EEffect of motor race order

(1)

A motor race order made under section 12D has the effect described in this section.

(2)

Section 12(1) does not apply to the promoter of the event if that person—

(a)

promotes the event in accordance with any conditions imposed on the promoter by the motor race order, and

(b)

takes reasonable steps to ensure that any other conditions specified in the motor race order are met.

(3)

The provisions listed in the Table do not apply in relation to a participant or an official or (as the case may be) in relation to a vehicle used by a participant or an official provided that—

(a)

the participant has been approved by the motor sport governing body that issued a permit in respect of the event or (as the case may be) the official has been authorised by the promoter,

(b)

the participant or official complies with any conditions specified in the motor race order that apply to participants or (as the case may be) officials, and

(c)

the participant or official also complies with any conditions imposed on him or her by the promoter.

Provision	Topic
Road Traffic Regulation Act 1984
Section 18(3)	Contravention of order relating to one-way traffic on trunk roads
Section 20(5)	Contravention of order relating to use on roads of vehicles of certain classes
Section 81(1), an order under section 84(1), section 86(1), an order under section 88(1) and section 89(1)	Speed limits
Regulations under section 99	Removal of vehicles illegally parked etc
Section 104(1)	Immobilisation of vehicles illegally parked
Road Traffic Act 1988
Section 1	Causing death by dangerous driving
Section 1A	Causing serious injury by dangerous driving
Section 2	Dangerous driving
Section 2B	Causing death by careless, or inconsiderate, driving
Section 3	Careless, and inconsiderate, driving
Section 3ZB	Causing death by driving: unlicensed, disqualified or uninsured drivers
Section 12(1)	Motor racing on public ways
Section 21(1)	Prohibition of driving or parking on cycle tracks
Section 22	Leaving vehicles in dangerous positions
Section 22A	Causing danger to road-users
Section 36(1)	Drivers to comply with traffic signs
The Highway Code, as it has effect under section 38
Section 40A	Using vehicle in dangerous condition etc
Regulations under section 41	Regulation of construction, weight, equipment and use of vehicles
Section 41A	Breach of requirement as to brakes, steering-gear or tyres
Section 41C	Breach of requirement as to speed assessment equipment detection devices
Section 42	Breach of other construction and use requirements
Section 47(1)	Obligatory test certificates
Section 87(1)	Drivers of motor vehicles to have driving licences
Section 103(1)(b)	Driving while disqualified
Section 143(1) and (2)	Users of motor vehicles to be insured or secured against third-party risks
Sections 164 and 165	Powers of constables to require production of driving licence, obtain information etc
Section 165A	Power to seize vehicles driven without licence or insurance
Section 170	Duty of driver to stop, report accident and give information or documents
Vehicle Excise and Registration Act 1994
Section 1(1)(b)	Circumstances in which vehicle excise duty is chargeable on unregistered mechanically propelled vehicles
Section 29(1)	Offence of using or keeping an unlicensed vehicle

(4)

The appropriate national authority may by regulations amend this section so as to—

(a)

add or omit an entry in the Table in subsection (3);

(b)

provide that subsection (3) applies in relation to a provision for the time being included in the Table only for purposes specified in the regulations;

(c)

provide that subsection (3) applies in relation to a provision for the time being included in the Table only if a condition specified in the regulations is included in the motor race order.

(5)

However, regulations under subsection (4) may not add any provision of sections 3A to 11 of this Act (motor vehicles: drink and drugs) to the Table in subsection (3).

(6)

The promoter of an event in respect of which a motor race order has been made is liable in damages if personal injury or damage to property is caused by anything done—

(a)

by or on behalf of the promoter in connection with the event, or

(b)

by or on behalf of a participant or an official,

unless it is proved that the promoter took reasonable steps to prevent the injury or damage occurring.

(7)

For the purposes of the Law Reform (Contributory Negligence) Act 1945, the Fatal Accidents Act 1976 and the Limitation Act 1980 any injury or damage for which a person is liable under subsection (6) is to be treated as due to the fault of that person.

(8)

In this section—

“the appropriate national authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

“official” means a person who facilitates the holding of a race or trial of speed.

12FRegulations by appropriate national authority: procedure

(1)

A power to make regulations conferred on the Secretary of State or the Welsh Ministers by section 12B(6), 12D(3)(c) or 12E(4) is exercisable by statutory instrument.

(2)

A statutory instrument containing regulations made by the Secretary of State under section 12E(4) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3)

A statutory instrument containing regulations made by the Secretary of State under section 12B(6) or 12D(3)(c) (other than regulations to which subsection (2) applies) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

A statutory instrument containing regulations made by the Welsh Ministers under section 12E(4) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(5)

A statutory instrument containing regulations made by the Welsh Ministers under section 12B(6) or 12D(3)(c) (other than regulations to which subsection (4) applies) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

12GAuthorisation of races and trials of speed in Scotland

(1)

The Scottish Ministers may by regulations authorise, or make provision for authorising, the holding of races or trials of speed on public roads in Scotland.

(2)

Regulations under this section may in particular—

(a)

specify the persons by whom authorisations may be given;

(b)

limit the circumstances in which, and the places in respect of which, authorisations may be given;

(c)

provide for authorisations to be subject to conditions imposed by or under the regulations;

(d)

provide for authorisations to cease to have effect in circumstances specified in the regulations;

(e)

provide for the procedure to be followed, the particulars to be given, and the amount (or the persons who are to determine the amount) of any fees to be paid, in connection with applications for authorisations.

(3)

Regulations under this section may make different provision for different cases.

12HRaces and trials of speed in Scotland: further provision

(1)

Section 12(1) does not apply to the promoter of an event that has been authorised by or under regulations under section 12G if that person—

(a)

promotes the event in accordance with any conditions imposed on the promoter by or under the regulations, and

(b)

takes reasonable steps to ensure that any other conditions imposed by or under the regulations are met.

(2)

Section 12(1) does not apply to a participant in an event that has been authorised by or under regulations under section 12G, provided that the participant complies with any conditions imposed on participants by or under the regulations.

(3)

Sections 1, 1A, 2, 2B and 3 do not apply to a participant in an event that has been authorised by or under regulations under section 12G or to any other person of a description specified in regulations made by the Scottish Ministers, provided that the participant or other person complies with any conditions imposed on participants or on persons of that description by or under regulations under section 12G.

(4)

The Scottish Ministers may by regulations make provision for specified provisions of legislation of a kind mentioned in subsection (5)—

(a)

not to apply in relation to participants in events authorised by or under regulations under section 12G or (as appropriate) in relation to vehicles used by such persons;

(b)

to apply in relation to such persons or vehicles subject to modifications specified in the regulations;

(c)

not to apply in relation to persons of a description specified in regulations under this subsection or (as appropriate) in relation to vehicles used by such persons;

(d)

to apply in relation to such persons or vehicles subject to modifications specified in the regulations.

(5)

The kinds of legislation are—

(a)

legislation restricting the speed of vehicles or otherwise regulating the use of vehicles on a public road;

(b)

legislation regulating the construction, maintenance or lighting of vehicles;

(c)

legislation requiring a policy of insurance or security to be in force in relation to the use of any vehicle;

(d)

legislation relating to the duty chargeable on, or the licensing and registration of, vehicles;

(e)

legislation requiring the driver of a vehicle to hold a licence to drive it;

(f)

legislation relating to the enforcement of any legislation mentioned in paragraphs (a) to (e).

(6)

However, regulations under subsection (4) may not disapply, or otherwise alter the application of, sections 3A to 11 of this Act (motor vehicles: drink and drugs).

(7)

The Scottish Ministers may by regulations amend section 16A of the Road Traffic Regulation Act 1984 so as to enable orders under that section that are made for the purposes of an event authorised by or under regulations under section 12G to suspend statutory provisions in addition to those specified in section 16A(11).

(8)

The promoter of an event that has been authorised by or under regulations under section 12G is liable in damages if personal injury or damage to property is caused by anything done—

(a)

by or on behalf of the promoter in connection with the event,

(b)

by or on behalf of a participant, or

(c)

by or on behalf of a person of a description specified in regulations made by the Scottish Ministers,

unless it is proved that the promoter took reasonable steps to prevent the injury or damage occurring.

(9)

For the purposes of the Law Reform (Contributory Negligence) Act 1945, any injury or damage for which a person is liable under subsection (8) is to be treated as due to the fault of that person.

(10)

In this section, “legislation” means—

(a)

an Act or subordinate legislation (within the meaning of the Interpretation Act 1978);

(b)

an Act of the Scottish Parliament or an instrument made under an Act of the Scottish Parliament.

12IRegulations under section 12G or 12H: procedure

(1)

Before making regulations under section 12H(3), (4), (7) or (8), the Scottish Ministers must consult such persons as they consider appropriate.

(2)

Regulations under section 12G are subject to the negative procedure.

(3)

Regulations under section 12H(3), (4), (7) or (8) are subject to the affirmative procedure.”

After subsection (11) insert—

“(12)

An order under this section that is made for the purposes of a race or trial of speed in relation to which a motor race order under section 12D of the Road Traffic Act 1988 has been made may also suspend—

(a)

regulations under section 25(1);

(b)

section 28(1);

(c)

an order under section 29(1);

(d)

byelaws under section 31(1);

(e)

any provision made by or under Part 4.”

In section 193A (tramcars and trolley vehicles), after subsection (3) insert—

“(3A)

Sections 12A to 12I do not apply to tramcars or to trolley vehicles.”

In section 195 (provisions as to regulations), after subsection (5) insert—

“(6)

This section does not apply in relation to regulations under section 12B(6), 12D(3)(c) or 12E(4) (provision as to which is made by section 12F) or regulations under section 12G or 12H(3), (4), (7) or (8) (provision as to which is made by section 12I).”

After subsection (2) insert—

“(2A)

For the purposes of subsection (2)(d), “the relevant period” is—

(a)

such number of days, which may not be less than seven, from the service of the copy of the statement as may be prescribed by Criminal Procedure Rules, or

(b)

if no such number is prescribed, seven days from the service of the copy of the statement.”

After subsection (7) insert—

“(7ZA)

Rules of court may—

(a)

specify which of paragraphs (a) to (d) of subsection (7) (if any) are to apply;

(b)

provide that any such paragraph is to apply only in circumstances specified in the rules.

(7ZB)

Where rules of court are made under subsection (7ZA), subsection (7) applies only to the extent provided for by the rules.”

In the Terrorism Act 2000, in Part 1 of Schedule 5 (making of orders and issue of warrants in respect of obtaining information in terrorist investigations: England and Wales and Northern Ireland), in paragraph 11 (which deals with the issue of warrants in respect of excluded or special procedure material), after sub-paragraph (4) insert—

“(5)

Criminal Procedure Rules may make provision about proceedings relating to a warrant under this paragraph.”

In the Criminal Justice and Police Act 2001, in section 59 (applications for the return of seized property etc), after subsection (12) insert—

“(13)

Criminal Procedure Rules may make provision about proceedings under this section on an application to a judge of the Crown Court in England and Wales.”

In the Proceeds of Crime Act 2002, in section 352 (applications for search and seizure warrants), after subsection (7) insert—

“(8)

Criminal Procedure Rules may make provision about proceedings under this section on an application to a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales.”

After subsection (4) insert—

“(4A)

The offences specified in this subsection are—

(a)

an offence under section 1 of the Child Abduction Act 1984 (abduction of child by parent);

(b)

an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (trafficking people for exploitation), where the offence is committed against a child;

(c)

an offence under section 4(3) of the Misuse of Drugs Act 1971 where the offence is committed by—

(i)

supplying or offering to supply a Class A drug to a child,

(ii)

being concerned in the supplying of such a drug to a child, or

(iii)

being concerned in the making to a child of an offer to supply such a drug;

(d)

an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this subsection;

(e)

an offence of conspiring to commit an offence so specified;

(f)

an offence of attempting to commit an offence so specified.”

In subsection (6), after “In this section” insert“—

child” means a person under 18;”.

In subsection (3C), after paragraph (a) insert—

“(aa)

conditions restricting the kinds of CLC practitioner services that may be provided by the body;”.

For subsection (8) substitute—

“(8)

In this section—

“administration of oaths” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

“CLC practitioner services” has the meaning given by section 32B;

“CLC practitioner services body” has the meaning given by section 32B;

“conduct of litigation” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

“conveyancing services body” has the meaning given by section 32A;

“probate activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

“relevant legal services”—

(a)

in relation to a conveyancing services body, has the meaning given by section 32A; and

(b)

in relation to a CLC practitioner services body, has the meaning given by section 32B;

“reserved instrument activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

“right of audience” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act).”

After subsection (8) insert—

“(8A)

Nothing in this section affects section 13 of the Legal Services Act 2007 (entitlement to carry on a reserved legal activity).”

After section 32A (definition of “conveyancing services body”) insert—

“32BCLC practitioner services bodies

(1)

For the purposes of section 32 a “CLC practitioner services body” means a body (corporate or unincorporate) in respect of which—

(a)

the management and control condition,

(b)

the services condition, and

(c)

the authorised person condition,

are satisfied.

(2)

The management and control condition is satisfied in the case of a partnership if at least one of the partners is a licensed conveyancer or a licensed CLC practitioner.

(3)

The management and control condition is satisfied in the case of an unincorporated body (other than a partnership), or a body corporate which is managed by its members, if at least one of those members is a licensed conveyancer or a licensed CLC practitioner.

(4)

The management and control condition is satisfied in the case of any other body corporate if at least one director of the body is a licensed conveyancer or a licensed CLC practitioner.

(5)

The services condition is satisfied in respect of a body if—

(a)

the body is carrying on a business consisting of the provision of—

(i)

CLC practitioner services; or

(ii)

CLC practitioner services and other relevant legal services; and

(b)

the body does not provide conveyancing services.

(6)

The authorised person condition is satisfied if the licensed conveyancer or licensed CLC practitioner by reference to whom the management and control condition is satisfied, or one of the persons by reference to whom that condition is satisfied, is an authorised person in relation to any reserved legal activity involved in the CLC practitioner services that are provided by the body.

(7)

For the purposes of this section—

(a)

a reference to CLC practitioner services is a reference to services involving the carrying on of such of the following as are reserved legal activities in relation to which the Council is designated as an approved regulator—

(i)

the exercise of a right of audience;

(ii)

the conduct of litigation;

(iii)

probate activities;

(iv)

the administration of oaths;

(b)

a reference to designation as an approved regulator is a reference to designation as an approved regulator—

(i)

by Part 1 of Schedule 4 to the Legal Services Act 2007, or

(ii)

under Part 2 of Schedule 4 to that Act;

(c)

a person has an interest in a body if the person has an interest in the body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 72 and 109 of that Act).

(8)

In this section—

“administration of oaths” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

“authorised person” means an authorised person in relation to an activity which is a reserved legal activity (within the meaning of the Legal Services Act 2007);

“conduct of litigation” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

“probate activities” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

“relevant legal services”, in relation to a body, means—

(a)

CLC practitioner services, and

(b)

where authorised persons are managers or employees of, or have an interest in, the body, services such as are provided by individuals practising as such authorised persons (whether or not those services involve the carrying on of reserved legal activities), except for conveyancing services;

“reserved legal activity” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act);

“right of audience” has the same meaning as in the Legal Services Act 2007 (see section 12 of, and Schedule 2 to, that Act).”