Deregulation and Contracting Out Act 1994

Part I U.K. Deregulation

Chapter I U.K. General

Removal or reduction of burdens U.K.

1 Power to remove or reduce certain statutory burdens on businesses, individuals etc. U.K.

[F1 (1) If, with respect to any provision made by an enactment, a Minister of the Crown is of the opinion—

(a) that the effect of the provision is such as to impose, or authorise or require the imposition of, a burden affecting any person in the carrying on of any trade, business or profession or otherwise, and

(b) that, by amending or repealing the enactment concerned and, where appropriate, by making such other provision as is referred to in subsection (4)(a) below, it would be possible, without removing any necessary protection, to remove or reduce the burden or, as the case may be, the authorisation or requirement by virtue of which the burden may be imposed,

he may, subject to the following provisions of this section and sections 2 to 4 below, by order amend or repeal that enactment.

(2) The reference in subsection (1)(b) above to reducing the authorisation or requirement by virtue of which a burden may be imposed includes a reference to shortening any period of time within which the burden may be so imposed.

(3) In this section and sections 2 to 4 below, in relation to an order under this section,—

(a) “ the existing provision ” means the provision by which the burden concerned is imposed or, as the case may be, is authorised or required to be imposed; and

(b) “ the relevant enactment ” means the enactment containing the existing provision.

(4) An order under this section shall be made by statutory instrument and may do all or any of the following—

(a) make provision (whether by amending any enactment or otherwise) creating a burden which relates to the subject matter of, but is less onerous than that imposed by, the existing provision;

(b) make such modifications of enactments as, in the opinion of the Minister concerned, are consequential upon, or incidental to, the amendment or repeal of the relevant enactment;

(c) contain such transitional provisions and savings as appear to the Minister to be appropriate;

(d) make different provision for different cases or different areas;

but no order shall be made under this section unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(5) In this section and sections 2 to 4 below—

(a) “ Minister of the Crown ” has the same meaning as in the Ministers of the Crown M1 Act 1975 [F2 and includes the Scottish Ministers where the functions of a Minister of the Crown under this section have transferred to them under section 53 of the Scotland Act 1998 ] and “ Minister ” shall be construed accordingly;

(b) “ burden ” includes a restriction, requirement or condition (including one requiring the payment of fees), together with—

(i) any sanction (whether criminal or otherwise) for failure to observe the restriction or to comply with the requirement or condition; and

(ii) any procedural provisions (including provisions for appeal) relevant to that sanction; and

(c) “ enactment ”, subject to subsection (6) below, means an enactment contained in this Act or in any other Act passed before or in the same Session as this Act, or any provision of an order under this section.

(6) In paragraph (c) of subsection (5) above—

(a) “ Act ” does not include anything contained in Northern Ireland legislation, within the meaning of section 24 of the Interpretation M2 Act 1978; and

(b) the reference to an enactment is a reference to an enactment as for the time being amended, extended or applied by or under any Act mentioned in that paragraph.

(7) Where a restriction, requirement or condition is subject to a criminal sanction (as mentioned in subsection (5)(b)(i) above), nothing in this section shall authorise the making of an amendment which would have the effect of leaving the restriction, requirement or condition in place but producing a different criminal sanction or altering any procedural provisions relevant to the criminal sanction.]

Textual Amendments

F1 Ss. 1-5 repealed (S.) (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(3)(7)(7), Sch. 7 para. 1(2) (with Sch. 7 para. 1(4)); S.S.I. 2010/221, art. 3(2)

F2 Words in s. 1(5)(a) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 117(2) (with art. 5)

Marginal Citations

M1 1975 c. 26.

M2 1978 c. 30.

2 Limitations on the power under section 1. U.K.

[F1 (1) If an order under section 1 above creates a new criminal offence, then, subject to subsections (2) and (3) below, that offence shall not be punishable—

(a) on indictment with imprisonment for a term of more than two years; or

(b) on summary conviction with imprisonment for a term exceeding six months or a fine exceeding level 5 on the standard scale or both.

(2) In the case of an offence which, if committed by an adult, is triable either on indictment or summarily and is not an offence triable on indictment only by virtue of—

(a) Part V of M3 the Criminal Justice Act 1988, or

F3 [( b ) section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995,]

the reference in subsection (1)(b) above to level 5 on the standard scale shall be construed as a reference to the statutory maximum.

(3) If an order under section 1 above abolishes an offence contained in the relevant enactment and the maximum penalties for that offence are greater than those specified in subsection (1) above, the order may create a new criminal offence having maximum penalties not exceeding those applicable to the offence which is abolished.

(4) An order under section 1 above shall not contain any provision—

(a) providing for any forcible entry, search or seizure, or

(b) compelling the giving of evidence,

unless, and then only to the extent that, a provision to that effect is contained in the relevant enactment and is abolished by the order.]

Textual Amendments

F1 Ss. 1-5 repealed (S.) (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(3)(7)(7), Sch. 7 para. 1(2) (with Sch. 7 para. 1(4)); S.S.I. 2010/221, art. 3(2)

F3 S. 2(2)(b) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 96

Marginal Citations

M3 1988 c.33.

3 Preliminary consultation. U.K.

[F1 (1) Before a Minister makes an order under section 1 above, he shall—

(a) consult such organisations as appear to him to be representative of interests substantially affected by his proposals; and

(b) consult such other persons as he considers appropriate.

(2) If it appears to the Minister, as a result of the consultation required by subsection (1) above, that it is appropriate to vary the whole or any part of his proposals, he shall undertake such further consultation with respect to the variations as appears to him to be appropriate.

(3) If, after the conclusion of—

(a) the consultation required by subsection (1) above, and

(b) any further consultation undertaken as mentioned in subsection (2) above,

the Minister considers it appropriate to proceed with the making of an order under section 1 above, he shall lay before Parliament [F4 or, where the Minister is a Scottish Minister, before the Scottish Parliament] a document containing his proposals in the form of a draft of the order, together with details of the matters specified in subsection (4) below.

(4) The matters referred to in subsection (3) above are—

(a) the burden, authorisation or requirement which it is proposed to remove or reduce;

(b) whether the existing provision affords any necessary protection and, if so, how that protection is to be continued if the burden, authorisation or requirement is removed or reduced;

(c) whether any savings in cost are estimated to result from the proposals and, if so, either the estimated amount or the reasons why savings should be expected;

(d) any other benefits which are expected to flow from the removal or reduction of the burden, authorisation or requirement;

(e) any consultation undertaken as required by subsection (1) or subsection (2) above;

(f) any representations received as a result of that consultation; and

(g) the changes (if any) which the Minister has made to his original proposals in the light of those representations.

(5) In giving details of the representations referred to in subsection (4)(f) above, the Minister shall not disclose any information relating to a particular person or business except—

(a) with the consent of that person or of the person carrying on that business; or

(b) in such a manner as not to identify that person or business.

(6) If, before the day on which this section comes into force, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of subsection (1) above, those requirements shall to that extent be taken to have been satisfied.]

Textual Amendments

F1 Ss. 1-5 repealed (S.) (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(3)(7)(7), Sch. 7 para. 1(2) (with Sch. 7 para. 1(4)); S.S.I. 2010/221, art. 3(2)

F4 Words in s. 3(3) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 117(3) (with art. 5)

4 Parliamentary consideration of proposals. U.K.

[F1 (1) Where a document has been laid before Parliament under section 3(3) above, no draft of an order under section 1 above to give effect (with or without variations) to proposals in that document shall be laid before Parliament until after the expiry of the period for Parliamentary consideration, as defined in subsection (2) below.

(2) In this section “ the period for Parliamentary consideration ”, in relation to a document, means the period of sixty days beginning on the day on which it was laid before Parliament.

(3) In reckoning the period of sixty days referred to in subsection (2) above, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days [F5 and, in relation to the Scottish Parliament, no account shall be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.].

(4) In preparing a draft of an order under section 1 above to give effect, with or without variations, to proposals in a document laid before Parliament under section 3(3) above, the Minister concerned shall have regard to any representations made during the period for Parliamentary consideration and, in particular, to any resolution or report of, or of any committee of, either House of Parliament with regard to the document.

(5) Together with a draft of an order laid before Parliament under section 1(4) above, the Minister concerned shall lay a statement giving details of—

(a) any representations, resolution or report falling within subsection (4) above; and

(b) the changes (if any) which, in the light of any such representations, resolution or report, the Minister has made to his proposals as contained in the document previously laid before Parliament under section 3(3) above.

(6) Subsection (5) of section 3 above shall apply in relation to the representations referred to in subsection (5)(a) above as it applies in relation to the representations referred to in subsection (4)(f) of that section.]

Textual Amendments

F1 Ss. 1-5 repealed (S.) (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(3)(7)(7), Sch. 7 para. 1(2) (with Sch. 7 para. 1(4)); S.S.I. 2010/221, art. 3(2)

F5 Words in s. 4(3) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 117(4)(b) (with art. 5)

Enforcement procedures and appeals U.K.

5 Powers to improve enforcement procedures. U.K.

[F1 (1) If, with respect to any provision made by an enactment, a Minister of the Crown is of the opinion—

(a) that the effect of the provision is such as to impose, or authorise or require the imposition of, a restriction, requirement or condition affecting any person in the carrying on of any trade, business or profession or otherwise, and

(b) that, by exercising any one or more of the powers conferred by Schedule 1 to this Act, it would be possible, without jeopardising any necessary protection, to improve (so far as fairness, transparency and consistency are concerned) the procedures for enforcing the restriction, requirement or condition,

he may, subject to the following provisions of this section, by order exercise the power or powers accordingly.

(2) No order shall be made under this section in any case where the sole or main effect which the restriction, requirement or condition may be expected to have on each person on whom it is imposed is an effect on him in his personal capacity, and not as a person carrying on a trade, business or profession.

(3) Where the relevant enactment—

(a) contains a power for the Minister to make regulations or orders; and

(b) provides for that power to be exercisable so as to give effect, with or without modifications, to proposals submitted by some other person,

the Minister shall consult with that person before he makes an order under this section.

(4) An order under this section shall be made by statutory instrument and may do all or any of the following—

(a) make provision as to the consequences of any failure to comply with a provision made by the order;

(b) contain provisions (including provisions modifying enactments relating to the periods within which proceedings must be brought) which are consequential upon, or supplemental or incidental to, the provisions made by the order;

(c) contain such transitional provisions and savings as appear to the Minister to be appropriate;

(d) make different provision for different cases or different areas;

and a statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Nothing in any order made under this section shall—

(a) preclude an enforcement officer from taking immediate enforcement action against any person, or from requiring any person to take immediate remedial action, in any case where it appears to the officer to be necessary to take such action or impose such a requirement; or

(b) require such an officer to disclose any information the disclosure of which would be contrary to the public interest.

(6) In this section and Schedule 1 to this Act—

• “ enactment ” means an enactment within the meaning of section 1 above, and any subordinate legislation made under such an enactment;

• “ enforcement action ”—

  (a)

  in relation to any restriction, requirement or condition, means any action taken with a view to or in connection with imposing any sanction (whether criminal or otherwise) for failure to observe or comply with it; and

  (b)

  in relation to a restriction, requirement or condition relating to the grant or renewal of licences, includes any refusal to grant, renew or vary a licence, the imposition of any condition on the grant or renewal of a licence and any variation or revocation of a licence;

• “ enforcement officer ” does not include—

  (a)

  the Director of Public Prosecutions;

  (b)

  the Lord Advocate or a procurator fiscal; or

  (c)

  the Director of Public Prosecutions for Northern Ireland,

  but, subject to that, means any person who is authorised, whether by or under the relevant enactment or otherwise, to take enforcement action;

• “ licence ” includes any authorisation (by whatever name called) to do anything which would otherwise be unlawful;

• “ Minister of the Crown ” and “ Minister ” have the same meanings as in section 1 above;

• “ the relevant enactment ” means the enactment containing the provision by which the restriction, requirement or condition is imposed or, as the case may be, is authorised or required to be imposed;

• “ remedial action ” means action taken by any person in order to avoid enforcement action being taken against him;

• “ subordinate legislation ” has the same meaning as in the Interpretation M4 Act 1978. ]

Textual Amendments

F1 Ss. 1-5 repealed (S.) (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(3)(7)(7), Sch. 7 para. 1(2) (with Sch. 7 para. 1(4)); S.S.I. 2010/221, art. 3(2)

Marginal Citations

M4 1978 c. 30.

6 Model provisions with respect to appeals. E+W+N.I.

(1) The Secretary of State shall by order prescribe model provisions with respect to appeals against enforcement action with a view to their being incorporated, if thought fit and with or without modifications, in enactments to which subsection (2) below applies.

(2) This subsection applies to enactments which include provision the effect of which is to impose, or authorise or require the imposition of, a restriction, requirement or condition affecting any person in the carrying on of any trade, business or profession or otherwise.

(3) The Secretary of State shall perform his duty under this section in the manner which he considers is best calculated to secure—

(a) that appeals determined in accordance with the model provisions are determined without unnecessary delay; and

(b) that the costs or expenses incurred by the parties to appeals so determined are kept to the minimum.

(4) Model provisions prescribed by an order under this section may provide for the appointment of persons to hear and determine appeals and confer powers on persons so appointed, including in particular—

(a) power to appoint experts and their own counsel or solicitor;

(b) power to require respondents to disclose documents and other material;

(c) power to summon or, in Scotland, to cite witnesses;

(d) power to make interim orders, including orders staying or, in Scotland, suspending enforcement action; and

(e) power to award costs or expenses to appellants and, in certain cases, against them.

(5) Model provisions so prescribed may also—

(a) confer a right for interested persons to make representations before enforcement action is taken;

(b) require the giving of reasons to such persons for any decision to take such action;

(c) require appellants to state their grounds of appeal and respondents to furnish statements by way of answer;

(d) enable appellants to amend their grounds of appeal before the hearing;

(e) require appeals to be determined on the merits rather than by way of review; and

(f) provide for further appeals to courts on points of law.

(6) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this section—

• “enactment” does not include anything contained in Northern Ireland legislation but, subject to that, includes an enactment contained in an Act (whenever passed) and an enactment contained in subordinate legislation (whenever made);

• “enforcement action” has the same meaning as in [F6 section 9 of the Regulatory Reform Act 2001];

• [F7 “ interested person ” means—

  (a)

  the person against whom enforcement action may be or has been taken;

(b) any other person who will or may be required to meet, or to make a significant contribution towards, the cost of observing the restriction or complying with the requirement or condition; or

(c) where the enforcement action which may be or has been taken relates specifically to goods or services which are to be or have been supplied by a person other than the one against whom enforcement action may be or has been taken, that person;]

• “Northern Ireland legislation” means—

  (a)

  Northern Ireland legislation within the meaning of section 24 of the Interpretation M5 Act 1978; and

  (b)

  instruments, within the meaning of the Interpretation M6 Act (Northern Ireland) 1954, made under such legislation;

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Extent Information

E1 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F6 Words in the definition of “enforcement action” in s. 6(7) substituted (10.4.2001) by 2001 c. 6, s. 13(1)(a)

F7 Definition of “interested person” in s. 6(7) substituted (10.4.2001) by 2001 c. 6, s. 13(1)(b)

Modifications etc. (not altering text)

C1 S. 6: power to apply (with modifications) conferred (3.8.1999 for certain purposes only and 1.11.1999 otherwise) by 1999 c. 8, s. 37(6); S.I. 1999/2177, arts. 2(2)(c), 4(a)

Marginal Citations

M5 1978 c. 30.

M6 1954 c. 33 (N.I.).

Chapter II U.K. Miscellaneous Deregulatory Provisions

F8 7 Undertakings as alternative to monopoly reference by Director General of Fair Trading. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 S. 7(1) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1) (with art. 8)

F9 8 Newspaper mergers: meaning of “newspaper proprietor” etc. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 S. 8 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F10 9 Undertakings as alternative to merger reference: non-divestment matters. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 S. 9 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1) (with art. 8)

F11 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F11 S. 10 repealed (1.3.2000) by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 19(2)(a), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.

F12 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F12 S. 11 repealed (1.3.2000) by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 19(2)(b), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.

12 Anti-competitive practices: competition references. U.K.

F13 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Schedule 4 to this Act (which makes provision about sectoral regulators and with respect to transition) shall have effect.

Textual Amendments

F13 S. 12(1)-(6) repealed (1.3.2000) by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 19(3), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.

13 Striking off of non-trading private companies. U.K.

F14 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 S. 13(1) repealed (1.10.2009) by Companies Act 2006 (c. 46), s. 1300(2), Sch. 16; S.I. 2008/2860, art. 4, Sch. 1 Pt. 1 (with arts. 7 8 Sch. 2) (which transitional provisions in Sch. 2 are amended (1.10.2009) by S.I. 2009/2476, arts. 1(3), 2(3)(4) and by S.I. 2009/1802, arts. 1, 18, Sch.)

F15 S. 13(1) repealed (1.10.2009) by Companies Act 2006 (c. 46), s. 1300(2), Sch. 16; S.I. 2008/2860, art. 4, Sch. 1 Pt. 2 (with arts. 7 8 Sch. 2) (which transitional provisions in Sch. 2 are amended (1.10.2009) by S.I. 2009/2476, arts. 1(3), 2(3)(4) and by S.I. 2009/1802, arts. 1, 18, Sch.)

15 Building societies: issue of deferred shares at a premium. U.K.

In section 7 of the M7 Building Societies Act 1986 (power to raise funds) after subsection (2) there shall be inserted—

“(2A) In the case of deferred shares, the power to raise funds by the issue of shares includes the issue of shares at a premium.

(2B) If a building society issues deferred shares at a premium, whether for cash or otherwise, a sum equal to the aggregate amount or value of the premiums on those shares shall be transferred to the society’s reserves.”

Marginal Citations

M7 1986 c. 53.

F16 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F16 S. 16 repealed (1.12.1997) by 1997 c. 32, s. 46(2), Sch. 9; S.I. 1997/2668, art. 2(2)(3)(5), Sch. Pt. II

F17 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F17 S. 17 repealed (1.12.1997) by 1997 c. 32, s. 46(2), Sch. 9; S.I. 1997/2668, art. 2(2)(3)(5), Sch. Pt. II

35 Employment agencies etc.: replacement of licensing. U.K.

Schedule 10 to this Act (which provides for the replacement of licensing in relation to employment agencies etc.) shall have effect.

36 Unfair dismissal: selection for redundancy. U.K.

F18 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Article 22C(1)(e) of M8 the Industrial Relations (Northern Ireland) Order 1976 (corresponding provision for Northern Ireland) shall be omitted.

Textual Amendments

F18 S. 36(1) repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Commencement Information

I1 S. 36 wholly in force at 3.1.1995; s. 36 not in force at Royal Assent see s. 82; s. 36(1) in force at 3.1.1995 by S.I. 1994/3188, art. 3(e) (with transitional provisions in arts. 5, 6); s. 36(2) in force at 3.1.1995 by S.R. 1994/488, art. 2

Marginal Citations

M8 S.I. 1976/1043 (N.I. 16).

37 Power to repeal certain health and safety provisions. U.K.

(1) The appropriate authority may by regulations repeal or, as the case may be, revoke—

(a) any provision which is an existing statutory provision for the purposes of Part I of M9 the Health and Safety at Work etc. Act 1974 (“the 1974 Act”),

(b) any provision of regulations under section 15 of the 1974 Act (health and safety regulations) which has effect in place of a provision which was an existing statutory provision for the purposes of that Part,

[F19 (ba) any of the relevant nuclear provisions,

(bb) any provision of regulations under section 74 of the Energy Act 2013 which has effect in place of any of the relevant nuclear provisions,]

(c) any provision which is an existing statutory provision for the purposes of M10 the Health and Safety at Work (Northern Ireland) Order 1978 (“the 1978 Order”), or

(d) any provision of regulations under Article 17 of the 1978 Order (health and safety regulations) which has effect in place of a provision which was an existing statutory provision for the purposes of that Order.

(2) Before making regulations under subsection (1) above, the appropriate authority shall consult—

[F20 (a) in the case of regulations under paragraph (a) or (b) of that subsection, the Health and Safety Commission,]

[F20 (a) in the case of regulations under paragraph (a) of that subsection repealing or revoking a provision specified in section 117(4) of the Railways Act 1993, [F21 the Office of Rail and Road] ,

(aa) in the case of regulations under paragraph (a) of that subsection not falling within paragraph (a) of this subsection, [F22 the Health and Safety Executive ],

(ab) in the case of regulations under paragraph (b) of that subsection revoking a provision of regulations which make provision exclusively in relation to transport systems falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005, [F21 the Office of Rail and Road],

(ac) in the case of regulations under paragraph (b) of that subsection not falling within paragraph (ab) of this subsection, [F22 the Health and Safety Executive ],]

[F23 (ad) in the case of regulations under paragraph (ba) or (bb) of that subsection, the Office for Nuclear Regulation,]

(b) in the case of regulations under paragraph (c) or (d) of that subsection, the Health and Safety Agency for Northern Ireland,

and, in [F24 either] [F24 any ] case, such other persons as the appropriate authority considers appropriate.

(3) Instead of consulting such other persons as the appropriate authority considers it appropriate to consult under subsection (2) above, the authority may require [F25 the Health and Safety Commission or, as the case may be, the Health and Safety Agency for Northern Ireland ] [F25 the required consultee ] to consult such persons as it considers appropriate for the purpose of deciding how it should respond to consultation under that subsection.

(4) Instead of consulting a person whom the appropriate authority considers it appropriate to consult under subsection (2) above, the authority may require [F26 the Health and Safety Commission or, as the case may be, the Health and Safety Agency for Northern Ireland ] [F26 the required consultee ] to consult the person for the purpose of deciding how it should respond to consultation under that subsection.

[F27 (4A) In subsections (3) and (4), “ the required consultee ” means the body which the appropriate authority is required to consult by virtue of subsection (2)(a) to (b). ]

(5) The appropriate authority may require consultation under subsection (3) or (4) above to be carried out in accordance with the authority’s directions.

(6) Regulations under subsection (1) above may contain such transitional provisions and savings as the appropriate authority considers appropriate.

(7) Regulations under paragraph (a) [F28 (b), (ba) or (bb) ] of subsection (1) above shall be made by statutory instrument, and no instrument shall be made under that paragraph unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(8) Regulations under subsection (1)(c) or (d) above—

(a) shall be statutory rules for the purposes of M11 the Statutory Rules (Northern Ireland) Order 1979, and

(b) shall be subject to affirmative resolution, as defined in section 41(4) of M12 the Interpretation Act (Northern Ireland) 1954, as if they were statutory instruments within the meaning of that Act.

(9) In this section, “appropriate authority”—

(a) in relation to regulations under subsection (1)(a) [F29 (b), (ba) or (bb)] above, means the Secretary of State, and

(b) in relation to regulations under subsection (1)(c) or (d) above, means the Department concerned (within the meaning of the 1978 Order, but as if any reference to that Order included a reference to this section).

[F30 (10) In subsection (1), “ the relevant nuclear provisions ” means—

(a) sections 1, 3 to [F31 5], 22 and 24A of the Nuclear Installations Act 1965,

[F32 (aa) section 6 of that Act, so far as it relates to sites in respect of which nuclear site licences (within the meaning of that Act) have been granted,] and

(b) any regulations made under any of those sections,

so far as they have effect in England and Wales or Scotland.]

Textual Amendments

F19 S. 37(1)(ba)(bb) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 71(2); S.I. 2014/251, art. 4

F20 S. 37(2)(a)-(ac) substituted for s. 37(2)(a) (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 12(2)(a); S.I. 2006/266, art. 2(2)

F21 Words in s. 37(2) substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(k)

F22 Words in s. 37(2)(aa)(ac) substituted (1.4.2008) by Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)

F23 S. 37(2)(ad) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 71(3); S.I. 2014/251, art. 4

F24 Word in s. 37(2) substituted (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 12(2)(b); S.I. 2006/266, art. 2(2)

F25 Words in s. 37(3) substituted (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 12(3); S.I. 2006/266, art. 2(2)

F26 Words in s. 37(4) substituted (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 12(3); S.I. 2006/266, art. 2(2)

F27 S. 37(4A) inserted (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 12(4); S.I. 2006/266, art. 2(2)

F28 Words in s. 37(7) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 71(4); S.I. 2014/251, art. 4

F29 Words in s. 37(9)(a) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 71(5); S.I. 2014/251, art. 4

F30 S. 37(10) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 71(6); S.I. 2014/251, art. 4

F31 Word in s. 37(10)(a) substituted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), art. 1(2), Sch. 2 para. 3(a) (with art. 40)

F32 S. 37(10)(aa) inserted (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), art. 1(2), Sch. 2 para. 3(b) (with art. 40)

Marginal Citations

M9 1974 c. 37.

M10 S.I. 1978/1039 (N.I. 9).

M11 S.I. 1979/1573 (N.I. 12).

M12 1954 c. 33 (N.I.).

39 Chapter II: consequential amendments. U.K.

Schedule 11 to this Act (which contains amendments consequential on certain provisions of this Chapter) shall have effect.

Commencement Information

I2 S. 39 wholly in force at 1.1.1996; s. 39 in force for certain purposes at Royal Assent see s. 82(2)(3); s. 39 in force for certain purposes at 3.1.1995 by S.I. 1994/3188, arts. 2, 3; s. 39 in force for certain purposes at 1.7.1995 by S.I. 1995/1433, art. 3(c); s. 39 in force for certain purposes at 1.11.1995 by S.I. 1995/1433, arts. 4, 5(b); s. 39 in force at 1.1.1996 in so far as not already in force by S.I. 1995/2835, art. 2 (with transitional provisions in Sch.)

40 Extent of Chapter II. U.K.

(1) The following provisions of this Chapter extend to England and Wales only—

• sections 18(1), 19, 20(3), 21, 25 to 30, 32, 34 and 38,

• paragraphs 8 to 10 of Schedule 2,

• Schedules 7 and 8, and

• paragraph 2 of Schedule 9.

(2) Sections 18(2), 22 and 24(b) and paragraph 3 of Schedule 9 extend to Scotland only.

(3) The following provisions of this Chapter extend to Northern Ireland only—

• sections 13(2) and 36(2),

• paragraphs 5, 6(2) and 7(2) of Schedule 2,

• Schedule 6, and

• paragraphs 2 and 5 of Schedule 10.

(4) The following provisions of this Chapter also extend to Northern Ireland—

• sections 7 to 12,

• sections 15 to 17,

• sections 35, 37 and 39,

• this section,

• paragraphs 1 to 3 and 15 of Schedule 2,

• Schedule 3,

• paragraphs 1 and 5 to 8 of Schedule 4, and

• paragraph 3 of Schedule 10.

(5) The extent of any amendment of an enactment in paragraph 2 or 3 of Schedule 4 to this Act or Schedule 11 to this Act is the same as that of the enactment amended.

(6) Subject to subsections (3) to (5) above, this Chapter does not extend to Northern Ireland.

Part II U.K. Contracting Out

Modifications etc. (not altering text)

C2 Pt. 2 (ss. 69-79) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 13 (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Pt. 2 (ss. 69-79) extended (S.) (8.9.2000) by 2000 asp. 10, s. 9, Sch. 2 para. 14 (with s. 32); S.S.I. 2000/312, art. 2

Pt. 2 (ss. 69-79) modified (1.10.2001 (W.) 25.3.2002 (E.) for specified purposes, otherwiseprosp.) by 2000 c. 14, ss. 67(7), 122; S.I. 2001/2538, art. 2(2)(4)(a); S.I. 2002/1245, art. 2

C3 Pt. 2 modified (29.12.2003) by Communications Act 2003 (c. 21), ss. 1(7), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C4 Pt. 2 applied (with modifications) (E.W.) (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 34

C5 Pt. 2 modified (E.W.) (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 34

C6 Pt. 2 modified (2.12.2019) by Children and Social Work Act 2017 (c. 16), ss. 46(4), 70(2); S.I. 2019/1436, reg. 2(f)

Contracting out of functions U.K.

69 Functions of Ministers and office-holders. U.K.

(1) This section applies to any function of a Minister or office-holder—

(a) which is conferred by or under any enactment; and

(b) which, by virtue of any enactment or rule of law, may be exercised by an officer of his; and

(c) which is not excluded by section 71 below.

(2) If a Minister by order so provides, a function to which this section applies may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the office-holder or Minister whose function it is.

(3) A Minister shall not make an order under this section in relation to an office-holder without first consulting him.

(4) An order under this section may provide that a function to which this section applies may be exercised, and an authorisation given by virtue of such an order may (subject to the provisions of the order) authorise the exercise of such a function—

(a) either wholly or to such extent as may be specified in the order or authorisation;

(b) either generally or in such cases or areas as may be so specified; and

(c) either unconditionally or subject to the fulfilment of such conditions as may be so specified.

(5) An authorisation given by virtue of an order under this section—

(a) shall be for such period, not exceeding 10 years, as is specified in the authorisation;

(b) may be revoked at any time by the Minister or office-holder by whom the authorisation is given; and

(c) shall not prevent that Minister or office-holder or any other person from exercising the function to which the authorisation relates.

Modifications etc. (not altering text)

C7 S. 69 extended (1.10.2000) by 2000 c. 21, s. 136(3); S.I. 2000/2559, art. 2, Sch. Pt. I

S. 69 applied (with modifications) (27.7.2000) by S.I. 2000/2040, art. 2, Sch. Pt. I para. 16

C8 S. 69(5)(a) modified (1.10.2016) by Energy Act 2016 (c. 20), ss. 7(1)(2), 84(3); S.I. 2016/920, reg. 2(a)

70 Functions of local authorities. U.K.

(1) This section applies to any function of a local authority—

(a) which is conferred by or under any enactment; and

(b) which, by virtue of section 101 of M13 the Local Government Act 1972 or section 56 of M14 the Local Government (Scotland) Act 1973 [F33 or an enactment mentioned in subsection (1ZA) below], may be exercised by an officer of the authority; and

(c) which is not excluded by section 71 below.

[F34 (1A) This section also applies to any function of a local authority—

(a) if, and to the extent that, it is the responsibility of an executive of that local authority under executive arrangements, within the meaning of Part II of the Local Government Act 2000;

(b) which is conferred by or under any enactment;

(c) which, by virtue of any of sections 14 to 16, or any provisions made under sections 17 to 20, of the Local Government Act 2000 (provisions with respect to executive arrangements—discharge of functions etc. ), may be exercised by an officer of the local authority; and

(d) which is not excluded by section 71 below.]

[F35 (1ZA) The enactments referred to in subsection (1)(b) above are—

F36 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) section 38 or 380 of the Greater London Authority Act 1999 (delegation of functions exercisable by the Mayor of London);

(c) paragraph 7 of Schedule 10 to that Act (delegation by Transport for London).

(1ZB) In its application in relation to a local authority which is a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies [F37 or a fire and rescue authority created by an order under section 4A of that Act], subsection (1) above has effect as if paragraph (b) were omitted.]

[F38 (1ZC) In its application to a local authority which is a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, subsection (1) has effect as if for paragraph (b) there were substituted—

“(b) which by virtue of regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 may be exercised by an officer of the authority;”]

(2) If a Minister by order so provides, a function to which this section applies may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the local authority whose function it is.

(3) A Minister shall not make an order under this section in relation to a local authority without first consulting—

(a) in the case of an authority in England or Wales, such representatives of local government;

(b) in the case of an authority in Scotland, such associations of local authorities,

as he considers appropriate.

(4) Subsections (4) and (5) of section 69 above shall apply for the purposes of this section as they apply for the purposes of that section; and in subsection (5) of that section as so applied any reference to the Minister or office-holder by whom the authorisation is given shall be construed as a reference to the local authority by which the authorisation is given.

(5) Where at any time—

(a) an order is in force under this section in relation to any function of a local authority (“authority A”); and

(b) arrangements are in force under section 101 of M15 the Local Government Act 1972 or section 56 of M16 the Local Government (Scotland) Act 1973 for the exercise of that function by another local authority (“authority B”),

it shall be an implied term of those arrangements that, except with the consent of authority A, authority B shall not give any authorisation by virtue of the order in relation to that function.

[F39 (5A) In its application to a local authority which is a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, subsection (5) has effect as if the references to arrangements under section 101 of the Local Government Act 1972 were references to arrangements under regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021.]

[F40 (6) Any reference in subsection (5) above to arrangements under section 101 of the M17 Local Government Act 1972 includes a reference to an authorisation under section 38 or 380 of the Greater London Authority Act 1999.]

[F41 (7) Where at any time—

(a) an order is in force under this section in relation to any function of a local authority (“authority A”);

(b) that function, to any extent, is the responsibility of an executive of authority A under executive arrangements, within the meaning of Part II of the Local Government Act 2000; and

(c) arrangements are in force under regulations made under section 19 of the Local Government Act 2000 (discharge of functions of and by another local authority) for the exercise of that function, to any extent, by another local authority (“authority B”) or by any executive of authority B,

it shall be an implied term of those arrangements that authority B or, as the case may be, the executive of authority B, shall not give any authorisation by virtue of the order in relation to that function except with the consent of the executive of authority A.]

Textual Amendments

F33 Words in s. 70(1)(b) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 239(1)(a), 245(5); S.I. 2008/917, art. 2(1)(u) (with art. 6(6))

F34 S. 70(1A) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 29, and the same subsection inserted (W.) (1.4.2002) by S.I. 2002/808, art. 28(a)

F35 S. 70(1ZA)(1ZB) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 239(1)(b), 245(5); S.I. 2008/917, art. 2(1)(u) (with art. 6(6))

F36 S. 70(1ZA)(a) repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6; S.I. 2012/1662, art. 2(2)(b)

F37 Words in s. 70(1ZB) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 74; S.I. 2017/399, reg. 2, Sch. para. 38

F38 S. 70(1ZC) inserted (E.W.) (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 12(a)(i)

F39 S. 70(5A) inserted (E.W.) (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 12(a)(ii)

F40 S. 70(6) inserted (8.5.2000) by 1999 c. 29, s. 40(3); S.I. 2000/801, art. 2(2)(b), Sch. Part 2

F41 S. 70(7) inserted (E.) (11.7.2001) by S.I. 2001/2237, art. 29, and the same subsection inserted (W.) (1.4.2002) by S.I. 2002/808, art. 28(b)

Modifications etc. (not altering text)

C9 S. 70 modified (16.7.1998) by 1998 c. 30, s. 23(3)(b) (with s. 42(8))

S. 70 extended (27.9.1999 with effect in relation to England and Wales and 27.7.2000 otherwise) by 1999 c. 27, ss. 18, 27(1)(2)(c); S.I. 1999/2169, art. 3(1)

S. 70 extended (prosp.) by 2002 c. 32, ss. 183(4)(a), 216 (with ss. 210(8), 214(4))

C10 S. 70 extended (1.9.2003) by Education Act 2002 (c. 32), ss. 183(4)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. 2

C11 S. 70 functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 33(1)

Marginal Citations

M13 1972 c.70.

M14 1973 c.65.

M15 1972 c.70.

M16 1973 c.65.

M17 1972 c. 70.

71 Functions excluded from sections 69 and 70. U.K.

(1) Subject to subsections (2) and (3) below, a function is excluded from sections 69 and 70 above if—

(a) its exercise would constitute the exercise of jurisdiction of any court or of any tribunal which exercises the judicial power of the State; or

(b) its exercise, or a failure to exercise it, would necessarily interfere with or otherwise affect the liberty of any individual; or

(c) it is a power or right of entry, search or seizure into or of any property; or

(d) it is a power or duty to make subordinate legislation.

(2) Subsection (1)(b) and (c) above shall not exclude any function of the official receiver attached to any court.

(3) Subsection (1)(c) above shall not exclude any function of a local authority under, or under regulations made under, any of the following enactments, namely—

(a) section 247 of M18 the Local Government (Scotland) Act 1947 (enforcement of non-domestic rates);

(b) Part VI of M19 the General Rate Act 1967 (distress for general rates);

(c) paragraphs 7 and 7A of Schedule 2 and paragraph 11 of Schedule 5 to M20 the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (enforcement of community charges and community water charges);

(d) paragraphs 5 to 7 of Schedule 4 to M21 the Local Government Finance Act 1988 (enforcement of community charge);

(e) paragraph 3(2)(b) of Schedule 9 to that Act (enforcement of non-domestic rates);

[F42 (ea) section 48 of the Local Government Act 2003 (administration etc of BID levy) if the function corresponds to any function falling within paragraph (e) above,. ]

(f) paragraphs 5 to 7 of Schedule 4 to M22 the Local Government Finance Act 1992 (enforcement of council tax);

(g) paragraphs 2 and 6 of Schedule 8 and paragraph 11 of Schedule 11 to that Act (enforcement of council tax and council water charge); F43 ...

(h) paragraph 2 of Schedule 10 to the Local M23 Government etc. (Scotland) Act 1994 (enforcement of water and sewerage charges);[F44 and

(i) sections 217 and 218 of the Planning Act 2008 (Community Infrastructure Levy: collection and enforcement).]

Textual Amendments

F42 S. 71(3)(ea) inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 59; S.I. 2003/2938, art. 3(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F43 Word in s. 71(3)(g) omitted (6.4.2010) by virtue of Planning Act 2008 (c. 29), ss. 224(3), 241(8) (with s. 226); S.I. 2010/566, art. 2

F44 S. 71(3)(i) and word inserted (6.4.2010) by Planning Act 2008 (c. 29), ss. 224(3), 241(8) (with s. 226); S.I. 2010/566, art. 2

Marginal Citations

M18 1947 c.43.

M19 1967 c.9.

M20 1987 c.47.

M21 1988 c.41.

M22 1992 c.14.

M23 1994 c. 39.

72 Effect of contracting out. U.K.

(1) This section applies where by virtue of an order made under section 69 or 70 above a person is authorised to exercise any function of a Minister, office-holder or local authority.

(2) Subject to subsection (3) below, anything done or omitted to be done by or in relation to the authorised person (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done—

(a) in the case of a function of a Minister or office-holder, by or in relation to the Minister or office-holder in his capacity as such;

(b) in the case of a function of a local authority, by or in relation to that authority.

(3) Subsection (2) above shall not apply—

(a) for the purposes of so much of any contract made between the authorised person and the Minister, office-holder or local authority as relates to the exercise of the function, or

(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of his).

Modifications etc. (not altering text)

C12 S. 72 applied by 1998 c. 37, s. 1F(7)(a) (as inserted (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 142(1), 178(8); S.I. 2005/1521, art. 3(1)(s))

C13 S. 72 applied by 2003 c. 38, s. 28A(7) (as inserted (1.8.2007 for E.) by Police and Justice Act 2006 (c. 48), ss. 25, 53(1); S.I. 2007/1614, art. 3(a))

73 Termination of contracting out. U.K.

(1) This section applies where—

(a) by virtue of an order made under section 69 or 70 above a person is authorised to exercise any function of a Minister, office-holder or local authority; and

(b) the order or authorisation is revoked at a time when a relevant contract is subsisting.

(2) The authorised person shall be entitled to treat the relevant contract as repudiated by the Minister, office-holder or local authority (and not as frustrated by reason of the revocation).

(3) In this section “relevant contract” means so much of any contract made between the authorised person and the Minister, office-holder or local authority as relates to the exercise of the function.

Modifications etc. (not altering text)

C14 S. 73 applied by 1998 c. 37, s. 1F(7)(b) (as inserted (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 142(1), 178(8); S.I. 2005/1521, art. 3(1)(s))

C15 S. 73 applied by 2003 c. 38, s. 28A(7) (as inserted (1.8.2007 for E.) by Police and Justice Act 2006 (c. 48), ss. 25, 53(1); S.I. 2007/1614, art. 3(a))

Provisions for facilitating contracting out U.K.

74 Powers of certain office-holders. U.K.

(1) In so far as an office-holder to whom this section applies does not already have power to do so, he may authorise an officer of his to exercise any function of his which is conferred by or under any enactment.

(2) Subject to subsection (3) below, anything done or omitted to be done by an officer so authorised in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the office-holder in his capacity as such.

(3) Subsection (2) above shall not apply for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that subsection.

(4) The office-holders to whom this section applies are—

[F45 (a) the registrar of companies for England and Wales, Scotland or Northern Ireland;]

(b) the official receiver attached to any court;

(c) the Comptroller-General of Patents, Designs and Trade Marks;

(d) the Public Trustee;

[F46 (e) a traffic commissioner;]

(f) the registrar of approved driving instructors;

(g) the Registrar General of Births, Deaths and Marriages for Scotland;

(h) the Keeper of the Registers of Scotland; and

(i) the Keeper of the Records of Scotland.

Textual Amendments

F45 S. 74(4)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 148(2) (with art. 10)

F46 S. 74(4)(e) substituted (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 1 (with arts. 1(3), 2, 7)

Modifications etc. (not altering text)

C16 S. 74(4)(a) applied (3.12.1998) by 1998 c. 48, ss. 23, 25(3), Sch. 3 para. 4

75 Restrictions on disclosure of information. U.K.

Schedule 15 to this Act (which contains provisions modifying certain restrictions on the disclosure of information where functions of Ministers, office-holders or local authorities are contracted out) shall have effect.

Modifications etc. (not altering text)

C17 S. 75 applied by 1998 c. 37, s. 1F(7)(c) (as inserted (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 142(1), 178(8); S.I. 2005/1521, art. 3(1)(s))

C18 S. 75 applied by 2003 c. 38, s. 28A(7) (as inserted (1.8.2007 for E.) by Police and Justice Act 2006 (c. 48), ss. 25, 53(1); S.I. 2007/1614, art. 3(a))

76 Amendments of enactments etc. U.K.

Schedule 16 to this Act (which contains amendments and other provisions for facilitating or otherwise in connection with the contracting out of particular functions, whether in pursuance of an order made under section 69 or 70 above or otherwise) shall have effect.

Supplemental U.K.

77 Provisions with respect to orders. U.K.

(1) An order under section 69 or 70 above—

(a) shall be made by statutory instrument;

(b) may contain provisions (including provisions modifying enactments) which are consequential upon, or supplemental or incidental to, the provisions made by the order which fall within subsection (2) of that section; and

(c) may contain such transitional provisions and savings as appear to the Minister by whom the order is made to be appropriate.

(2) No order shall be made under section 69 or 70 above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

78 Extent of Part II. U.K.

(1) The following provisions of this Part extend to Northern Ireland, namely—

(a) sections 69 and 74 above;

(b) the other provisions of this Part in so far as they relate to orders under section 69 or to functions of Ministers or office-holders; and

(c) paragraphs 4, 24 and 25 of Schedule 16.

(2) In so far as they relate to functions under enactments relating to patents, registered designs or trade marks, the provisions of this Part also extend to the Isle of Man, subject to such exceptions and modifications as Her Majesty may specify by Order in Council.

79 Interpretation of Part II. U.K.

(1) In this Part—

• “employee”, in relation to a body corporate, includes any director or other officer of that body;

• “enactment” does not include an enactment contained in Northern Ireland legislation but, subject to that, includes an enactment contained in an Act (whenever passed) and an enactment contained in subordinate legislation (whenever made);

• “function”, in relation to a local authority, includes any power to do any thing which is calculated to facilitate, or is conducive or incidental to, the exercise of a function;

• “joint board”—

  (a)

  in relation to England and Wales, means a joint or special planning board constituted for a National Park by order under paragraph 1, 3 or 3A of Schedule 17 to M24 the Local Government Act 1972, or a joint planning board within the meaning of section 2 of M25 the Town and Country Planning Act 1990;

  (b)

  in relation to Scotland, has the same meaning as in the Local M26 Government (Scotland) Act 1973;

• “joint committee”—

  (a)

  in relation to England and Wales, means a joint committee appointed under section 102(1)(b) of the Local Government Act 1972;

  (b)

  in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973;

• “local authority”—

  (a)

  in relation to England, [F47 has the meaning given by section 79A; ]

  (b)

  in relation to Wales, [F48 has the meaning given by section 79B; ]

  (c)

  in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973;

• “Minister” has the same meaning as Minister of the Crown has in the Ministers M27 of the Crown Act 1975;

• “Northern Ireland legislation” means—

  (a)

  Northern Ireland legislation within the meaning of section 24 of M28 the Interpretation Act 1978; and

  (b)

  instruments, within the meaning of M29 the Interpretation Act (Northern Ireland) 1954, made under such legislation;

• “office-holder” does not include a Minister, an officer of either House of Parliament, [F49 the Auditor General for Wales,] the Parliamentary Commissioner for Administration , [F50 the Public Services Ombudsman for Wales ] F51 ...[F52 , the Health Service Commissioner for England F53 ... or the Scottish Public Services Ombudsman] but, subject to that, means—

  (a)

  the holder of an office created or continued in existence by a public general Act of Parliament;

  (b)

  the holder of an office the remuneration in respect of which is paid out of money provided by Parliament;

  (c)

  [F54 the registrar of companies for England and Wales, Scotland or Northern Ireland; and]

  (d)

  the registrar of approved driving instructors;

• “officer”—

  (a)

  in relation to a Minister, means any person in the civil service of the Crown who is serving in his department;

  (b)

  in relation to an office-holder, means any member of his staff, or any person in the civil service of the Crown who has been assigned or appointed to assist him in the exercise of his functions;

• “the registrar of approved driving instructors” means the officer of the Secretary of State by whom the register of approved driving instructors established in pursuance of section 23 of M30 the Road Traffic Act 1962 is compiled and maintained;

• “subordinate legislation” has the same meaning as in the Interpretation M31 Act 1978.

(2) In relation to any time before 1st April 1996, subsection (1) above shall have effect as if, in paragraph (b) of the definition of “local authority”, for the words “county borough” there were substituted the word “ district ”.

(3) Subject to subsection (4) below, this Part shall have effect as if—

[F55 (a) any reference to a Minister included a reference to the Forestry Commissioners or to the Charity Commission;]

[F55 (b) any reference to an officer in relation to the Charity Commission were a reference to a member or member of staff of the Commission; and.]

(4) Nothing in subsection (3) above shall be construed as enabling those Commissioners [F56 or that Commission ]F57 . . . to make an order under section 69 or 70 above F57 . . ..

(5) Subject to subsection (6) below, any function of an examiner or other officer of the Patent Office which is conferred by or under any enactment shall be treated for all purposes of this Part as if it were a function of the Comptroller-General of Patents, Designs and Trade Marks.

(6) In any case where by virtue of an order made under section 69 above a person is authorised by that Comptroller to exercise any such function as is mentioned in subsection (5) above, section 72(2) above shall have effect as if for paragraphs (a) and (b) there were substituted the words “ by or in relation to an examiner or other officer of the Patent Office in his capacity as such ”.

Textual Amendments

F47 Words in s. 79(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 239(2)(a), 245(5); S.I. 2008/917, art. 2(1)(u) (with art. 6(6))

F48 Words in s. 79(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 239(2)(b), 245(5); S.I. 2008/917, art. 2(1)(u) (with art. 6(6))

F49 Words in the definition in s. 79(1) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 36(a) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F50 Words in s. 79(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 55(a); S.I. 2005/2800, art. 5(1)(3)

F51 Words in s. 79(1) omitted (14.7.2004) by virtue of Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 18

F52 Words in s. 79(1) substituted (14.7.2004) by Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 18

F53 Words in s. 79(1) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 55(b), Sch. 7; S.I. 2005/2800, art. 5(1)(3)

F54 Words in s. 79(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 148(3) (with art. 10)

F55 S. 79(3)(a)(b) substituted for s. 79(3)(a) (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 179(2); S.I. 2007/309, art. 2

F56 Words in s. 79(4) inserted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 179(3); S.I. 2007/309, art. 2

F57 Words in s. 79(4) repealed (15.11.2001) by S.I. 2001/3686, regs. 1(1), 6(11)(b)

Modifications etc. (not altering text)

C19 S. 79(1) extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(2)(f) (with art. 8)

Marginal Citations

M24 1972 c.70.

M25 1990 c.8.

M26 1973 c.65.

M27 1975 c. 26.

M28 1978 c.30.

M29 1954 c.33 (N.I.).

M30 1962 c.59.

M31 1978 c.30.

[F58 79A “Local authority”: England U.K.

In this Part, “local authority” in relation to England means—

(a) a county council;

(b) a district council;

(c) a London borough council;

(d) the Greater London Authority acting through the Mayor of London;

(e) the Common Council of the City of London;

(f) the sub-treasurer of the Inner Temple;

(g) the under treasurer of the Middle Temple;

(h) the Council of the Isles of Scilly;

(i) a parish council;

(j) a National Park authority;

(k) a functional body within the meaning of the Greater London Authority Act 1999;

(l) an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);

(m) a joint authority established by Part 4 of that Act (fire and rescue services and transport);

[F59 (ma) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(mb) a combined authority established under section 103 of that Act;]

[F60 (mc) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;]

(n) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

[F61 (na) a fire and rescue authority created by an order under section 4A of that Act;]

F62 (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63 (p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q) any body specified for the purposes of this paragraph by regulations under section 79C.

Textual Amendments

F58 Ss. 79A-79C inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 239(3), 245(5); S.I. 2008/917, art. 2(1)(u) (with art. 6(6))

F59 S. 79A(ma)(mb) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 87; S.I. 2009/3318, art. 2(c)

F60 S. 79A(mc) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 117 (with s. 247)

F61 S. 79A(na) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 75; S.I. 2017/399, reg. 2, Sch. para. 38

F62 S. 79A(o) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 215; S.I. 2012/2892, art. 2(i)

F63 S. 79A(p) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(27); S.I. 2015/994, art. 6(g)

79B “Local authority”: Wales U.K.

In this Part, “ local authority ” in relation to Wales means—

(a) a county council;

(b) a county borough council;

(c) a community council;

(d) a National Park authority;

[F64 (da) a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;]

(e) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990;

(f) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

F65 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) any body specified for the purposes of this paragraph by regulations under section 79C.

Textual Amendments

F58 Ss. 79A-79C inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 239(3), 245(5); S.I. 2008/917, art. 2(1)(u) (with art. 6(6))

F64 S. 79B(da) inserted (E.W.) (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 12(b)

F65 S. 79B(g) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 216; S.I. 2012/2892, art. 2(i)

79C Regulations for the purposes of section 79A and 79B U.K.

(1) The Secretary of State may by regulations made by statutory instrument specify for the purposes of section 79A(q) or 79B(h) any body which is (or any class of bodies each of which is)–

(a) a levying body, within the meaning of section 74 of the Local Government Finance Act 1988;

(b) a body to which section 75 of that Act applies (bodies with power to issue special levies);

(c) a body to which section 118 of that Act applies (other bodies with levying powers);

(d) a local precepting authority as defined in section 69 of the Local Government Finance Act 1992.

(2) Regulations under subsection (1)—

(a) may provide for this Part to have effect, in relation to a body specified under that subsection, subject to exceptions or modifications;

(b) may contain transitional provisions and savings.

(3) Any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F58 Ss. 79A-79C inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 239(3), 245(5); S.I. 2008/917, art. 2(1)(u) (with art. 6(6))

Modifications etc. (not altering text)

C20 S. 79C(1) functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 33(2)

Part III U.K. Supplementary

82 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Deregulation and Contracting Out Act 1994.

F66 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Except in so far as any provision of this Act otherwise provides, this Act, other than Chapter I of Part I and this section, does not extend to Northern Ireland.

Subordinate Legislation Made

P1 S. 82(4) power partly exercised: 1.12.1994 appointed for specified provisions by S.I. 1994/3037, arts. 2, 3

S. 82(4) power partly exercised: different dates appointed for specified provisions by S.I. 1994/3188, arts. 2-4 (with transitional provisions in arts. 5, 6)

S. 82(4) power partly exercised: 1.7.1995 and 1.11.1995 appointed for specified provisions by S.I. 1995/1433, arts. 2-5

S. 82(4) power partly exercised (2.11.1995): 1.1.1996 appointed for specified provisions by S.I. 1995/2835, art. 2 (with transitional provisions in Sch.)

P2 S. 82(5) power fully exercised (2.11.1995): 1.1.1996 appointed for specified provisions by S.I. 1995/2835, art. 2 (with transitional provisions in Sch.)

Textual Amendments

F66 S. 82(2)-(7) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

SCHEDULES

Section 5.

F67 SCHEDULE 1 U.K. Powers to Improve Enforcement Procedures

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Sch. 1 repealed (S.) (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(3)(7)(7), Sch. 7 para. 1(2) (with Sch. 7 para. 1(4)); S.S.I. 2010/221, art. 3(2), Sch.(repealed for E.W.S. by Regulatory Reform Act 2001 (c. 6), s 12(1) (itself repealed (1.8.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), Sch.))

Section 7.

F68 SCHEDULE 2 U.K. Section 7: Sectoral Regulators

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Sch. 2 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1) (with art. 8)

Section 10.

SCHEDULE 3 U.K. Non-notifiable Agreements: Modifications of the Restrictive Trade Practices Act 1976

1 U.K. The M32 Restrictive Trade Practices Act 1976 shall be amended as follows.

Marginal Citations

M32 1976 c. 34.

2 U.K. In section 1 (registration of agreements) after subsection (2) there shall be inserted—

“(2A) In the case of a non-notifiable agreement, subsection (2)(a) and (b) above shall only apply where the Director considers that any restrictions or information provisions by virtue of which this Act applies to the agreement are of such significance as to call for investigation by the Court.”

3 (1) Section 24 (particulars and time for registration) shall be amended as follows. U.K.

(2) In subsection (1) (duty to furnish particulars of agreements subject to registration under the Act) after “under this Act” there shall be inserted “ , other than a non-notifiable agreement, ”.

(3) In subsection (2) (additional provisions about particulars to be furnished)—

(a) in paragraph (a), after “under this Act” there shall be inserted “ and is not a non-notifiable agreement ”, and

(b) in paragraph (b), for “such an agreement” there shall be substituted “ an agreement which, at the time of the variation or determination, falls within paragraph (a) above ”.

(4) After that subsection there shall be inserted—

“(2A) Subsections (1) and (2)(a) above shall not apply in relation to an agreement which ceases to be a non-notifiable agreement by virtue of the Director entering or filing particulars of it under section 1(2)(b) above.”

4 U.K. After section 25 there shall be inserted—

“25A Registration of non-notifiable agreement: duty to inform parties.

(1) Where an agreement ceases to be a non-notifiable agreement by virtue of the Director entering or filing particulars of it under section 1(2)(b) above, he shall give notice of that fact to each of the parties to the agreement.

(2) Regulations under section 27 below may prescribe how notice under subsection (1) above is to be given and who is to be treated as a party to an agreement for the purposes of that subsection.”

5 (1) Section 26 shall be amended as follows. U.K.

(2) In subsection (2) (power of the Restrictive Practices Court to make declarations as to certain matters) for the words from “and” to the end there shall be substituted “ , declare whether or not it is subject to registration under this Act and declare whether or not it is a non-notifiable agreement. ”

(3) For subsection (3) there shall be substituted—

“(3) Where a party to an agreement makes an application for a declaration under subsection (2) above, the Director shall not enter or file particulars of the agreement in the register during the time during which the proceedings and any appeal therein are pending.

(3A) Subsection (3) above shall not apply where—

(a) the only question in relation to which the declaration is sought is whether or not the agreement is a non-notifiable agreement, and

(b) the Director considers that any restrictions or information provisions by virtue of which this Act applies to the agreement are of such significance as to call for investigation by the Court.

(3B) Where—

(a) a party to an agreement makes an application for a declaration under subsection (2) above,

(b) the question in relation to which the declaration is sought is relevant to the existence of a duty to furnish particulars of the agreement under section 24 above, and

(c) the application is made before the expiry of the time within which particulars of the agreement are required to be furnished if the duty to furnish particulars under that section applies,

then, if particulars of the agreement have not been furnished under that section before the commencement of the proceedings, that time shall be extended by a time equal to the time during which the proceedings and any appeal therein are pending, and such further time, if any, as the Court may direct.”

6 U.K. In section 36 (Director’s power to obtain information) after subsection (3) there shall be inserted—

“(3A) The Director may give notice to any person being party to an agreement which—

(a) is a non-notifiable agreement, or

(b) has ceased to be a non-notifiable agreement by virtue of the Director entering or filing particulars of it under section 1(2)(b) above,

requiring him to furnish such documents or information in his possession or control as the Director considers expedient for the purposes of, or in connection with, the registration of the agreement.”

7 (1) Schedule 2 (furnishing of particulars of agreements) shall be amended as follows. U.K.

(2) In paragraph 1, for sub-paragraph (1) there shall be substituted—

“(1) Subject to paragraph 2 below, no duty to furnish particulars in respect of an agreement which is subject to registration shall be affected by any subsequent variation or determination of the agreement.”

(3) In paragraph 2, in sub-paragraph (1), for “an agreement becomes subject to registration after it is made” there shall be substituted “ , after an agreement is made, it becomes an agreement in respect of which particulars fall to be furnished under section 24 above ”.

(4) In that paragraph, in sub-paragraph (2), after “section 24(1) above” there shall be inserted “ (so far as applicable) ”.

(5) In that paragraph, in sub-paragraph (3), for “24” there shall be substituted “ 24(1) ”.

(6) In paragraph 5(1) after entry (c) in the Table there shall be inserted—

“(ca) Agreement which ceases to be a non-notifiable agreement.

Within 1 month from the day on which the agreement so ceases.”

Section 12.

SCHEDULE 4 U.K. Section 12: Sectoral Regulators and Transition

Extent Information

E2 Sch. 4: certain amendments are co-extensive with the enactments they affect see s. 40.

Sectoral regulators U.K.

F69 1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69 Sch. 4 para. 1 repealed (1.3.2000) by 1998 c. 41, s. 74(1)(3), Sch. 12 para. 19(4), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.

F70 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 Sch. 4 para. 2 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1) (with art. 8)

3 U.K. In each of the following, namely—

F71 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) section 43(6) of the Electricity Act 1989, and

(c) Article 46(6) of the Electricity (Northern Ireland) Order 1992,

(which provide for the Secretary of State or, in Northern Ireland, the Department of Economic Development to determine certain questions in connection with the jurisdictions of the sectoral regulators concerned) for “as to whether” there shall be substituted “ in any particular case as to the jurisdiction of the Director under any of the provisions mentioned in ” and the words “applies to any particular case” shall be omitted.

Textual Amendments

F71 Sch. 4 para. 3(a) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Transition U.K.

F72 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 Sch. 4 paras. 5-8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

F72 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 Sch. 4 paras. 5-8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

F72 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 Sch. 4 paras. 5-8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

F72 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 Sch. 4 paras. 5-8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

Section 13(2).

F73 SCHEDULE 6 N.I. Striking Off of Non-trading Private Companies: Northern Ireland

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73 Sch. 6 repealed (1.10.2009) by Companies Act 2006 (c. 46), s. 1300(2), Sch. 16; S.I. 2008/2860, art. 4, Sch. 1 Pt. 2 (with arts. 7 8 Schs. 2) (which transitional provisions in Sch. 2 are amended (1.10.2009) by S.I. 2009/2476, arts. 1(3), 2(3)(4) and by S.I. 2009/1802, arts. 1, 18, Sch.)

Section 35.

SCHEDULE 10 U.K. Employment Agencies etc.: Replacement of Licensing

Part I U.K. General

Great Britain U.K.

1 (1) M33 The Employment Agencies Act 1973 shall be amended as follows. U.K.

F74 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) After section 3 there shall be inserted—

“ Prohibition orders U.K.

3A Power to make orders.

(1) On application by the Secretary of State, an [F75 employment tribunal] may by order prohibit a person from carrying on, or being concerned with the carrying on of—

(a) any employment agency or employment business; or

(b) any specified description of employment agency or employment business.

(2) An order under subsection (1) of this section (in this Act referred to as “a prohibition order”) may either prohibit a person from engaging in an activity altogether or prohibit him from doing so otherwise than in accordance with specified conditions.

(3) A prohibition order shall be made for a period beginning with the date of the order and ending—

(a) on a specified date, or

(b) on the happening of a specified event,

in either case, not more than ten years later.

(4) Subject to subsections (5) and (6) of this section, an [F75 employment tribunal] shall not make a prohibition order in relation to any person unless it is satisfied that he is, on account of his misconduct or for any other sufficient reason, unsuitable to do what the order prohibits.

(5) An [F75 employment tribunal] may make a prohibition order in relation to a body corporate if it is satisfied that—

(a) any director, secretary, manager or similar officer of the body corporate,

(b) any person who performs on behalf of the body corporate the functions of a director, secretary, manager or similar officer, or

(c) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act,

is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.

(6) An [F75 employment tribunal] may make a prohibition order in relation to a partnership if it is satisfied that any member of the partnership, or any manager employed by the partnership, is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.

(7) For the purposes of subsection (4) of this section, where an employment agency or employment business has been improperly conducted, each person who was carrying on, or concerned with the carrying on of, the agency or business at the time, shall be deemed to have been responsible for what happened unless he can show that it happened without his connivance or consent and was not attributable to any neglect on his part.

(8) A person shall not be deemed to fall within subsection (5)(c) of this section by reason only that the directors act on advice given by him in a professional capacity.

(9) In this section—

• “director”, in relation to a body corporate whose affairs are controlled by its members, means a member of the body corporate; and

• “specified”, in relation to a prohibition order, means specified in the order.

3B Enforcement.

Any person who, without reasonable excuse, fails to comply with a prohibition order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

3C Variation and revocation of orders.

(1) On application by the person to whom a prohibition order applies, an [F75 employment tribunal] may vary or revoke the order if the tribunal is satisfied that there has been a material change of circumstances since the order was last considered.

(2) An [F75 employment tribunal] may not, on an application under this section, so vary a prohibition order as to make it more restrictive.

(3) The Secretary of State shall be a party to any proceedings before an [F75 employment tribunal] with respect to an application under this section, and be entitled to appear and be heard accordingly.

(4) When making a prohibition order or disposing of an application under this section, an [F75 employment tribunal] may, with a view to preventing the making of vexatious or frivolous applications, by order prohibit the making of an application, or further application, under this section in relation to the prohibition order before such date as the tribunal may specify in the order under this subsection.

3D Appeals.

(1) An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [F75 employment tribunal] under section 3A or 3C of this Act.

(2) No other appeal shall lie from a decision of an [F75 employment tribunal] under section 3A or 3C of this Act; and section 11 of the Tribunals and Inquiries M34 Act 1992 (appeals from certain tribunals to High Court or Court of Session) shall not apply to proceedings before an [F75 employment tribunal] under section 3A or 3C of this Act.”

(4) In section 9(4)(a)(iv) (circumstances in which information obtained in exercise of statutory powers may be disclosed) for “hearing under section 3(7) of this Act” there shall be substituted “ proceedings under section 3A, 3C or 3D of this Act ”.

(5) In section 13(1) (interpretation) after the definition of “prescribed” there shall be inserted—

““prohibition order” has the meaning given by section 3A(2) of this Act;”.

Textual Amendments

F74 Sch. 10 para. 1(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

F75 Words in Sch.10 para. 1(3) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Marginal Citations

M33 1973 c35.

M34 1992 c. 53.

Northern Ireland N.I.

2 F76 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

(2) After Article 5 of that Order there shall be inserted—

“ Prohibition orders N.I.

Power to make orders

5A (1) On application by the Department, an industrial tribunal may by order prohibit a person from carrying on, or being concerned with the carrying on of—

(a) any employment agency or employment business; or

(b) any specified description of employment agency or employment business.

(2) An order under paragraph (1) (in this Order referred to as “a prohibition order”) may either prohibit a person from engaging in an activity altogether or prohibit him from doing so otherwise than in accordance with specified conditions.

(3) A prohibition order shall be made for a period beginning with the date of the order and ending—

(a) on a specified date, or

(b) on the happening of a specified event,

in either case, not more than ten years later.

(4) Subject to paragraphs (5) and (6), an industrial tribunal shall not make a prohibition order in relation to any person unless it is satisfied that he is, on account of his misconduct or for any other sufficient reason, unsuitable to do what the order prohibits.

(5) An industrial tribunal may make a prohibition order in relation to a body corporate if it is satisfied that—

(a) any director, secretary, manager or similar officer of the body corporate,

(b) any person who performs on behalf of the body corporate the functions of a director, secretary, manager or similar officer, or

(c) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act,

is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.

(6) An industrial tribunal may make a prohibition order in relation to a partnership if it is satisfied that any member of the partnership, or any manager employed by the partnership, is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.

(7) For the purposes of paragraph (4), where an employment agency or employment business has been improperly conducted, each person who was carrying on, or concerned with the carrying on of, the agency or business at the time, shall be deemed to have been responsible for what happened unless he can show that it happened without his connivance or consent and was not attributable to any neglect on his part.

(8) A person shall not be deemed to fall within paragraph (5)(c) by reason only that the directors act on advice given by him in a professional capacity.

(9) In this Article—

• “director”, in relation to a body corporate whose affairs are controlled by its members, means a member of the body corporate; and

• “specified”, in relation to a prohibition order, means specified in the order.

  Enforcement

5B Any person who, without reasonable excuse, fails to comply with a prohibition order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Variation and revocation of orders

5C (1) On application by the person to whom a prohibition order applies, an industrial tribunal may vary or revoke the order if the tribunal is satisfied that there has been a material change of circumstances since the order was last considered.

(2) An industrial tribunal may not, on an application under this Article, so vary a prohibition order as to make it more restrictive.

(3) The Department shall be a party to any proceedings before an industrial tribunal with respect to an application under this Article, and be entitled to appear and be heard accordingly.

(4) When making a prohibition order or disposing of an application under this Article, an industrial tribunal may, with a view to preventing the making of vexatious or frivolous applications, by order prohibit the making of an application, or further application, under this Article in relation to the prohibition order before such date as the tribunal may specify in the order under this paragraph.”

(3) In Article 11(1) of that Order (interpretation) after the definition of “prescribed” there shall be inserted—

““prohibition order” has the meaning given by Article 5A(2);”.

Textual Amendments

F76 Sch. 10 para. 2(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

Part II U.K. Seamen

United Kingdom U.K.

F77 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77 Sch. 10 paras. 3-5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

Northern Ireland U.K.

F77 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77 Sch. 10 paras. 3-5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

Section 39.

SCHEDULE 11 U.K. Miscellaneous Deregulatory Provisions: Consequential Amendments

Fair Trading Act 1973 (c. 41) U.K.

2 (1) The Fair Trading Act 1973 shall be amended as follows. U.K.

F78 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78 Sch. 11 para. 2(2) repealed (29.12.2003) by Enterprise Act 2002 and Media Mergers (Consequential Amendments) Order 2003 (S.I. 2003/3180), arts. 1(1), 2, Sch. para. 5(2) (with art. 3)

F79 Sch. 11 para. 2(3)(4) repealed (20.6.2003 for specified purposes) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1) (with arts. 3(1) 8)

Commencement Information

I3 Sch. 11 para. 2 wholly in force; Sch. 11 para. 2(1)(3)(4) in force at 3.1.1995 see s. 82(2)(e); Sch. 11 para. 2(2) in force at 3.1.1995 by S.I. 1994/3188, arts. 2, 3(q)

Energy Act 1976 (c. 76) U.K.

3 U.K. In section 5(6) of the Energy Act 1976, for “under”, in the third place where it occurs, there shall be substituted “ in accordance with section 24 of and Schedule 2 to ”.

Competition Act 1980 (c. 21) U.K.

Road Traffic Regulation Act 1984 (c. 27) U.K.

5 U.K. In Schedule 9 to the Road Traffic Regulation Act 1984, in paragraph 28, after sub-paragraph (d) there shall be inserted;” or

“(e) an order under section 34 of the Deregulation and Contracting Out Act 1994.”

Building Societies Act 1986 (c. 53) U.K.

Financial Services Act 1986 (c. 60) U.K.

F80 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80 Sch. 11 para. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

Companies Act 1989 (c. 40) U.K.

F81 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Sch. 11 para. 9 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

Companies (Northern Ireland) Order 1989 (N.I. 18) N.I.

10 N.I. [F82 In the Companies (Northern Ireland) Order 1989, in Article 5(1), for “or liquidation” there shall be substituted “ , liquidation or striking off ”.]

Textual Amendments

F82 Sch. 11 para. 10 repealed (N.I.) (5.9.2003) by The Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150), art. 1(2), Sch. 4 (with Sch. 2); S.R. 2003/345, art. 3(2) (subject to S.R. 2003/346, arts. 3-6)

Companies (Northern Ireland) Order 1990 (N.I. 5) U.K.

F83 11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83 Sch. 11 para. 11 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 16 Group 2

Charities Act 1993 (c. 10) U.K.

F84 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Sch. 11 para. 12 repealed (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 10 (with s. 20(2), Sch. 8)

Section 75.

SCHEDULE 15 U.K. Restrictions on Disclosure of Information

Modifications etc. (not altering text)

C21 Sch. 15 modified (3.1.1995) by 1984 c. 58, s. 43C (as inserted (3.1.1995) by 1994 c. 40, ss. 76, 82(2), Sch. 16 para. 7)

C22 Sch. 15 applied by 1998 c. 37, s. 1F(7)(c) (as inserted (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 142(1), 178(8); S.I. 2005/1521, art. 3(1)(s))

C23 Sch. 15 applied (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 85(4), 107(6)(a); S.I. 2006/1382, art. 2

C24 Sch. 15 applied by 2003 c. 38, s. 28A(7) (as inserted (1.8.2007 for E.) by Police and Justice Act 2006 (c. 48), ss. 25, 53(1); S.I. 2007/1614, art. 3(a))

C25 Sch. 15 applied (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 21(4), 324(3); S.I. 2009/3345, art. 2, Sch. para. 2

C26 Sch. 15 applied (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), ss. 171(4), 324(3) (with ss. 172(3), 185); S.I. 2011/556, art. 2(2)(e)

C27 Sch. 15 applied (5.3.2015) by Infrastructure Act 2015 (c. 7), ss. 8(4), 57(1); S.I. 2015/481, reg. 2(a)

C28 Sch. 15 applied (E.W.) (1.4.2015) by Care Act 2014 (c. 23), ss. 79(8), 127(1); S.I. 2015/993, art. 2(t) (with transitional provisions in S.I. 2015/995)

Preliminary U.K.

1 (1) Paragraphs 2 to 5, 7 and 8 below apply where— U.K.

(a) a person (contractor A) is authorised, whether by virtue of an order made under section 69 or 70 above or otherwise, to exercise any function (the relevant function) of a Minister, office-holder or local authority (authority A); and

(b) the disclosure of relevant information, that is, information obtained, whether before or after the commencement of this Part of this Act, in or in connection with the exercise of the relevant function or a related function, is restricted by any enactment or by any obligation of confidentiality.

(2) Paragraphs 6 to 8 below apply where—

(a) a person (contractor A) is authorised, whether by virtue of an order made under section 69 or 70 above or otherwise, to exercise any function (the relevant function) of a Minister, office-holder or local authority (authority A); and

(b) the disclosure of relevant information, that is, information obtained, whether before or after the commencement of this Part of this Act, in or in connection with the exercise of any function of another Minister, office-holder or local authority (authority E), is restricted by any enactment or by any obligation of confidentiality.

Disclosures between contracting parties etc. U.K.

2 U.K. The enactment or obligation shall not prevent or penalise the disclosure of relevant information—

(a) between contractor A or an employee of his and authority A or an authorised officer of that authority;

(b) between contractor A and an employee of his or between one such employee and another; or

(c) where the relevant function has been delegated to authority A by another Minister, office-holder or local authority (authority B), between contractor A or an employee of his and authority B or an authorised officer of that authority,

if the disclosure is necessary or expedient in or in connection with, or for the purpose of facilitating, the exercise of the relevant function or a related function, or the performance of ancillary services.

Disclosures by contracting parties to contractor B U.K.

3 (1) This paragraph applies where another person (contractor B) is authorised, whether by virtue of an order under section 69 or 70 above or otherwise, to exercise the relevant function or a related function. U.K.

(2) The enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his, or authority A or an authorised officer of that authority, to contractor B or an employee of his if—

(a) the disclosure is necessary or expedient for the purpose of facilitating the exercise of the relevant function or a related function; and

(b) where the disclosure is by contractor A or an employee of his, the disclosure falls within a description of disclosures certified by authority A (whether in the authorisation or otherwise) to be capable of being so necessary or expedient.

Disclosures by contracting parties to contractor C U.K.

4 (1) This paragraph applies where another person (contractor C) is authorised, whether by virtue of an order under section 69 or 70 above or otherwise, to exercise a function of another Minister, office-holder or local authority (authority C). U.K.

(2) The enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his, or authority A or an authorised officer of that authority, to contractor C or an employee of his if—

(a) the disclosure is necessary or expedient for the purpose of facilitating the exercise of the relevant function, a related function or a function of authority C;

(b) where the disclosure is by contractor A or an employee of his, the disclosure falls within a description of disclosures certified by authority A (whether in the authorisation or otherwise) to be capable of being so necessary or expedient; and

(c) the information could be lawfully disclosed, for that purpose, by authority A to authority C.

Disclosures by contractor A to authority D U.K.

5 U.K. The enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his to another Minister, office-holder or local authority (authority D) or an authorised officer of that authority if—

(a) the disclosure is necessary or expedient for the purpose of facilitating the exercise of the relevant function, a related function or a function of authority D;

(b) the disclosure falls within a description of disclosures certified by authority A (whether in the authorisation or otherwise) to be capable of being so necessary or expedient; and

(c) the information could be lawfully disclosed, for that purpose, by authority A to authority D.

Disclosures to contractor A by authority E U.K.

6 U.K. The enactment or obligation shall not prevent or penalise the disclosure of relevant information by authority E or an authorised officer of that authority to contractor A or an employee of his if—

(a) the disclosure is necessary or expedient for the purpose of facilitating the exercise of the relevant function, a related function or a function of authority E; and

(b) the information could be lawfully disclosed, for that purpose, by authority E to authority A.

Disclosures for audit purposes U.K.

7 (1) Where authority A is a Minister or office-holder, the enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his if— U.K.

(a) the disclosure is to the Comptroller, or a person exercising an audit function of his, and the information could lawfully be disclosed to the Comptroller or that person by authority A; or

(b) the disclosure is to an accounting officer, or a person exercising an audit function of his, and the information could lawfully be disclosed to that officer or person by authority A.

(2) Where authority A is a local authority, the enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his if—

(a) the disclosure is to the authority’s chief finance officer, or a person exercising an audit function of his; and

(b) the information could lawfully be disclosed to that officer or person by the authority.

(3) In this paragraph—

• “accounting officer” means an officer appointed by the Treasury under [F85 section 5(6) or (8) of the Government Resources and Accounts Act 2000 (resource accounts)] or section 4 of the Government Trading Funds Act M35 1973;

• “audit function”, in relation to the Comptroller, includes any function under Part II of the National Audit Act M36 1983 or Part III of the Audit (Northern Ireland) Order M37 1987 (examinations into economy, efficiency and effectiveness);

• “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act M38 1989;

• “Comptroller” means the Comptroller and Auditor General or the Comptroller and Auditor General for Northern Ireland.

Textual Amendments

F85 Words in Sch. 15 para. 7(3) substituted (1.4.2001) by 2000 c. 20, s. 29, Sch. 1 para. 20; S.I. 2000/3349, art. 3(1)(a) (with art. 5)

Marginal Citations

M35 1973 c. 63.

M36 1983 c. 44.

M37 S.I. 1987/460 (N.I. 5).

M38 1989 c. 42.

Implied term of contractor A’s contract U.K.

8 U.K. It shall be an implied term of any contract made between contractor A and authority A and relating to the exercise of the relevant function that contractor A shall take all reasonable steps to secure that any relevant information—

(a) which is obtained by him or an employee of his; and

(b) the disclosure of which is restricted by any enactment or obligation,

is not disclosed at any time (whether or not during the subsistence of the contract) to any other person in contravention of the enactment or in breach of the obligation.

Unauthorised disclosures U.K.

9 (1) This paragraph applies where— U.K.

(a) any information is disclosed to any person in accordance with paragraphs 2 to 7 above (the original disclosure); and

(b) that person, or any other person to whom the information is subsequently so disclosed, discloses the information otherwise than in accordance with paragraphs 2 to 7 above (the unauthorised disclosure).

(2) If the original disclosure was restricted by an enactment, the enactment shall apply in relation to the person making the unauthorised disclosure as if—

(a) he had obtained the information by virtue of the same provision as the person who made the original disclosure; and

(b) where the enactment would not have restricted that disclosure if the person who made it had not fallen within a particular class, he fell within that class.

(3) If the original disclosure was restricted by an obligation, the person making the unauthorised disclosure shall be treated for all purposes as if he were subject to that obligation.

Interpretation: general U.K.

10 (1) In this Schedule— U.K.

• “ancillary services” means services certified by authority A (whether in the authorisation or otherwise) to be services appearing to it to be calculated to facilitate, or to be conducive or incidental to, the exercise of the relevant function;

• “authorised officer”, in relation to a Minister, office-holder or local authority, means any officer of the Minister, office-holder or local authority who is authorised by him or it to disclose or (as the case may be) obtain the information in question;

• “employee”, in relation to contractor A, includes any person who performs ancillary services for that contractor, and any employee of such a person;

• “related function” means any function of authority A which is certified by that authority (whether in the authorisation or otherwise) to be a function appearing to it to be a function which is related to the relevant function.

(2) For the purposes of sub-paragraph (1) above a function of authority A is related to another function of that authority if information—

(a) which is obtained in or in connection with the exercise of either function; and

(b) the disclosure of which is restricted by any enactment or by any obligation of confidentiality,

can lawfully be used by that authority for the purpose of facilitating the exercise of the other function.

(3) In this Schedule—

(a) any reference to another person is a reference to a person other than contractor A; and

(b) any reference to another Minister, office-holder or local authority is a reference to a Minister, office-holder or local authority other than authority A.

Section 76.

SCHEDULE 16 U.K. Amendments etc. for Facilitating Contracting Out

Patents Act 1977 (c.37) U.K.

4 U.K. If and to the extent that an order under section 69 of this Act so provides, section 112 of the Patents Act 1977 (misuse of title “Patent Office”) shall not apply in relation to anything done by a person who is authorised by virtue of the order to exercise any function of the Comptroller-General of Patents, Designs and Trade Marks.

Social Security Administration (Northern Ireland) Act 1992 (c.8) U.K.

24 [F86 (1) After subsection (7) of section 52 of the Social Security Administration (Northern Ireland) Act 1992 (claims relating to attendance allowance, disability living allowance and disability working allowance) there shall be inserted the following subsection— U.K.

“(7A) Any reference in subsections (3) to (7) above to a medical practitioner who is an officer of the Department includes a reference to a medical practitioner who is provided by any person in pursuance of a contract entered into with the Department.”]

(2) Sub-paragraph (3) below applies where a consent given before the commencement of this Part authorises the disclosure of any information to the Department, or to a medical practitioner who is an officer of the Department.

(3) The consent shall have effect as if it also authorised the disclosure of the information—

(a) to a medical practitioner who is provided by any person in pursuance of a contract entered into with the Department, and

(b) if and to the extent that the Department so directs, to any employee of such a practitioner.

(4) In this paragraph—

• “the Department” means the Department of Health and Social Services for Northern Ireland;

• “employee”, in relation to a medical practitioner, includes any person who performs ancillary services for the practitioner, and any employee of such a person;

• “medical practitioner” has the same meaning as in that Act.

Textual Amendments

F86 Sch. 16 para. 24(1) repealed (N.I.) (29.11.1999) by S.I. 1998/1506 (N.I. 10), art. 78(2), Sch. 7; S.R. 1999/472, art. 2(1), Sch. 1

25 U.K. After subsection (6) of section 117 of that Act (disclosure of information relating to particular persons) there shall be inserted the following subsection—

“(6A) Subsection (6) above shall have effect as if any medical practitioner who, for the purposes of section 52 above, is provided by any person in pursuance of a contract entered into with the Department were specified in Part I of Schedule 4 to this Act”.

Section 81

SCHEDULE 17 U.K. Repeals

Commencement Information

I4 Sch. 17 wholly in force at 1.1.1996; Sch. 17 in force for certain purposes at Royal Assent and at 3.1.1995 see s. 82(2)(3); Sch. 17 in force for certain purposes at 1.12.1994 by S.I. 1994/3037, art. 2, 3; Sch. 17 in force for certain purposes at 3.1.1995 by S.I. 1994/3188, arts. 2, 3(s); Sch. 17 in force at 1.1.1996 in so far as not already in force by S.I. 1995/2835, art. 2 (with transitional provisions in Sch.).

Chapter or Number	Title	Extent of repeal
57 & 58 Vict. c. 60.	The Merchant Shipping Act 1894.	Sections 110 to 112.
14 Geo. 6. c. 28.	The Shops Act 1950.	The whole Act.
1962 c. 35.	The Shops (Airports) Act 1962.	The whole Act.
1964 c. 26.	The Licensing Act 1964.	In section 196A(1), the word “or” at the end of paragraph (a)(ii).
1965 c. 35.	The Shops (Early Closing Days) Act 1965.	The whole Act.
1968 c. 73.	The Transport Act 1968.	In section 62(2), the words from “which” to the end of paragraph (c). In section 62(4)(b), the words “(or, so long as those sections remain in force, sections 73 and 186 of the Act of 1960)”. Section 63(5). In section 63(6), the definition of “statutory provision”. In section 69(4), in paragraph (b)(ii) the word “authorisations” and in paragraph (c) the words “or section 73 or 186 of the Act of 1960”. In section 69(6), the words “premature termination”. Section 69B(7). Section 69F. In section 87(3), the words “or 69F”. In section 91(1), the words following paragraph (g). In section 91(4), the words from “and different” to the end. In section 92(1), the definition of “authorised vehicle”. Sections 93 and 94(1), (2), (9) and (10).
1969 c. 48.	The Post Office Act 1969.	In Schedule 4, paragraph 51.
1972 c. 70.	The Local Government Act 1972.	In Schedule 29, paragraph 43.
1973 c. 35.	The Employment Agencies Act 1973.	Sections 1 to 3 and 7. In section 9(1)(a), the words from “by” to “Act”. Section 10(1). In section 13, in subsection (1), the definitions of “current licence”, “holder” and “seaman”, and subsection (7)(e).
1973 c. 41.	The Fair Trading Act 1973.	In section 75G, in subsection (1), the words “complying with subsections (2) and (3) of this section”, and subsections (2) and (3).
1973 c. 65.	The Local Government (Scotland) Act 1973.	Section 157.
1974 c. 50.	The Road Traffic Act 1974.	In Schedule 4, paragraphs 2, 3, 4(1), (3) and (5), and 5.
1975 c. 24.	The House of Commons Disqualification Act 1975.	In Part III of Schedule 1, the entry relating to persons appointed under section 3(4)(b) of the Employment Agencies Act 1973.
1975 c. 71.	The Employment Protection Act 1975.	In Schedule 13, paragraphs 1 to 4, and, in paragraph 6(3), the words from “and in sub-paragraph (iv)” to the end.
S.I. 1976/1043 (N.I. 9).	The Industrial Relations (Northern Ireland) Order 1976.	In Article 22C(1), the word “or” immediately preceding sub-paragraph (e) and that sub-paragraph.
1978 c. 44.	The Employment Protection (Consolidation) Act 1978.	In section 59(1), the word “either”, the word “or” immediately preceding paragraph (b) and that paragraph.
1979 c. 39.	The Merchant Shipping Act 1979.	In Schedule 6, in Part I, the entries relating to sections 111(4) and 112(2) of the Merchant Shipping Act 1894.
1980 c. 21.	The Competition Act 1980.	Section 2(5). Section 3(2) to (6), (9) and (10). In section 5, subsection (2), in subsection (3), the words from the beginning of paragraph (a) to “notice reference” and subsection (5). Section 6(2). In section 13(1), the words “(subject to subsection (5) of that section)”. In section 15(2), paragraph (a) and the word “or” immediately following it.
1980 c. 65.	The Local Government, Planning and Land Act 1980.	In Schedule 4, paragraph 1(4).
1981 c. 14.	The Public Passenger Vehicles Act 1981.	Section 14A(3). In section 16(6), the word “or” immediately before paragraph (b). In section 17(2)(b), the words “(during which time it shall be of no effect)”. Section 17(2)(c). In section 17(3)(a), the words “intention or”. Section 27. Section 50(2). In section 50(4)(c), the words “or to curtail its period of validity”.
S.I. 1981/839 (N.I. 20).	The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981.	Articles 3 to 5 and 8. Article 9(1). In Article 11, in paragraph (1), the definitions of “current licence”, “holder” and “seaman” and paragraph (5)(d).
1982 c. 49.	The Transport Act 1982.	Section 21(5). In Schedule 4, in Part II, paragraphs 2 to 5 and 6(b).
1984 c. 12.	The Telecommunications Act 1984.	In section 50(6), the words “applies to any particular case”.
1984 c. 27.	The Road Traffic Regulation Act 1984.	In Schedule 9, in paragraph 28, the word “or” immediately preceding sub-paragraph (d).
1984 c. 32.	The London Regional Transport Act 1984.	In Schedule 6, paragraph 22.
1985 c. 13.	The Cinemas Act 1985.	In Schedule 2, paragraphs 4 and 5.
1985 c. 65.	The Insolvency Act 1985.	In Schedule 8, paragraph 16.
1985 c. 67.	The Transport Act 1985.	Section 12(3). Section 24(2). In Schedule 2, paragraph 4(6) and (9).
1985 c. 72.	The Weights and Measures Act 1985.	Section 43. In section 86, in subsections (2)(a) and (5), “43(2),”. In section 99(2), the words “Except as provided by section 43(2) above,”.
1986 c. 44.	The Gas Act 1986.	In section 17(8), paragraph (d) and the word “and” immediately preceding that paragraph.
1986 c. 53.	The Building Societies Act 1986.	In section 13, in subsection (2), the word “and” immediately preceding paragraph (d), and in subsection (3)(a), the words “of the land”.
1986 c. 60.	The Financial Services Act 1986.	In section 125(7), the words “section 24 of”.
1988 c. 1.	The Income and Corporation Taxes Act 1988.	In section 201A, in subsection (2)(c), the words “and holds a current licence for the agency”, and, in subsection (3), paragraph (b) and the word “and” immediately preceding it.
1988 c. 54.	The Road Traffic (Consequential Provisions) Act 1988.	In Schedule 3, paragraph 6(4).
1989 c. 29.	The Electricity Act 1989.	In section 43(6), the words “applies to any particular case”.
1989 c. 38.	The Employment Act 1989.	In Schedule 6, paragraphs 3 to 5.
1989 c. 40.	The Companies Act 1989.	In Schedule 14, in paragraph 9(6), the words “section 24 of”.
1990 c. 43.	The Environmental Protection Act 1990.	In Schedule 15, paragraph 10(2)(a).
S.I. 1990/593 (N.I. 5).	The Companies (Northern Ireland) Order 1990.	In Schedule 14, in paragraph 9(6), the words “section 24 of”.
1992 c. 41.	The Charities Act 1992.	Section 67(3)(b) and the word “but” immediately preceding it.
S.I. 1992/231 (N.I. 1).	The Electricity (Northern Ireland) Order 1992.	In Article 46(6), the words “applies to any particular case”.
1993 c. 10.	The Charities Act 1993.	Section 47(3)(a).
1993 c. 19.	The Trade Union Reform and Employment Rights Act 1993.	In Schedule 8, paragraph 14(b).
1993 c. 43.	The Railways Act 1993.	In section 67(8), the words “applies to any particular case”.
1994 c. 20.	The Sunday Trading Act 1994.	Section 5. In Schedule 4, paragraph 23.