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SCHEDULES

Section 3

SCHEDULE 1E+W+SApproved English apprenticeships

PART 1 E+W+SMain amendments

1In Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeships, study and training), before Chapter 1 insert—E+W+S

CHAPTER A1E+W+SApprenticeships: England

A1Meaning of “approved English apprenticeship” etc

(1)This section applies for the purposes of this Chapter.

(2)An approved English apprenticeship is an arrangement which—

(a)takes place under an approved English apprenticeship agreement, or

(b)is an alternative English apprenticeship,

and, in either case, satisfies any conditions specified in regulations made by the Secretary of State.

(3)An approved English apprenticeship agreement is an agreement which—

(a)provides for a person (“the apprentice”) to work for another person for reward in a sector for which the Secretary of State has published an approved apprenticeship standard under section A2,

(b)provides for the apprentice to receive training in order to assist the apprentice to achieve the approved apprenticeship standard in the work done under the agreement, and

(c)satisfies any other conditions specified in regulations made by the Secretary of State.

(4)An alternative English apprenticeship is an arrangement, under which a person works, which is of a kind described in regulations made by the Secretary of State.

(5)Regulations under subsection (4) may, for example, describe arrangements which relate to cases where a person—

(a)works otherwise than for another person;

(b)works otherwise than for reward.

(6)A person completes an approved English apprenticeship if the person achieves the approved apprenticeship standard while doing an approved English apprenticeship.

(7)The “approved apprenticeship standard”, in relation to an approved English apprenticeship, means the standard which applies in relation to the work to be done under the apprenticeship (see section A2).

A2Approved apprenticeship standards

(1)The Secretary of State must publish standards for such sectors of work as the Secretary of State thinks appropriate for the purposes of this Chapter.

(2)Each standard must be—

(a)prepared by the Secretary of State, or

(b)prepared by another person and approved by the Secretary of State.

(3)Each standard must—

(a)describe the sector of work to which it relates, and

(b)if there is more than one standard for that sector, describe the kind of work within that sector to which it relates.

(4)Each standard must set out the outcomes that persons seeking to complete an approved English apprenticeship are expected to achieve.

(5)The Secretary of State may—

(a)publish a revised version of a standard, or

(b)withdraw a standard (with or without publishing another in its place).

(6)Revisions of a standard may be—

(a)prepared by the Secretary of State, or

(b)prepared by another person and approved by the Secretary of State.

A3Power to issue apprenticeship certificate

(1)The Secretary of State may issue a certificate (“an apprenticeship certificate”) to a person who applies for it if it appears to the Secretary of State that the person has completed an approved English apprenticeship.

(2)The Secretary of State may by regulations make provision about—

(a)the manner in which applications under subsection (1) must be made;

(b)the supply by the Secretary of State of copies of apprenticeship certificates issued under that subsection to persons to whom they were issued.

(3)The Secretary of State may charge a fee for issuing an apprenticeship certificate or supplying a copy only if, and to the extent that, the charging of the fee is authorised by regulations.

A4Delegation

(1)Any function of the Secretary of State under this Chapter may be carried out by a person designated by the Secretary of State.

(2)Subsection (1) does not apply to any power of the Secretary of State to make regulations.

(3)A person designated under this section must—

(a)comply with directions given by the Secretary of State, and

(b)have regard to guidance given by the Secretary of State.

(4)A designation under this section may be revoked.

A5English apprenticeship agreements: status

(1)To the extent that it would otherwise be treated as being a contract of apprenticeship, an approved English apprenticeship agreement is to be treated as not being a contract of apprenticeship.

(2)To the extent that it would not otherwise be treated as being a contract of service, an approved English apprenticeship agreement is to be treated as being a contract of service.

(3)This section applies for the purposes of any enactment or rule of law.

A6English apprenticeship agreements: supplementary provision

(1)If an agreement—

(a)contains provision which satisfies the conditions mentioned in section A1(3)(a) to (c), but

(b)also contains other provision which is inconsistent with those conditions,

the other provision is to be treated as having no effect.

(2)Before an agreement which satisfies the conditions mentioned in section A1(3)(a) to (c) is varied in such a way that it no longer satisfies one or more of those conditions, the person for whom the apprentice is working must give the apprentice a written notice.

(3)The written notice must explain that, if the variation takes effect, the agreement will cease to be an approved English apprenticeship agreement.

(4)If an agreement is varied in breach of the requirement under subsection (2), the variation has no effect.

A7Crown servants and parliamentary staff

(1)Section A1(3) applies in relation to—

(a)an agreement under which a person undertakes Crown employment,

(b)an agreement under which a person undertakes service as a member of the naval, military or air forces of the Crown, and

(c)an agreement under which a person undertakes employment as—

(i)a relevant member of the House of Lords staff, or

(ii)a relevant member of the House of Commons staff,

as it applies in relation to any other agreement under which a person is to work for another (and this Chapter applies accordingly).

(2)Subsection (1) is subject to subsection (3) and to any modifications which may be prescribed under subsection (5).

(3)Section A5(2) does not apply in relation to an approved English apprenticeship agreement that is an agreement within paragraph (a), (b) or (c) of subsection (1).

(4)Without prejudice to section 262(3), the power conferred by section A1(3)(c) may be exercised, in particular, to make provision in relation to an agreement within any of paragraphs (a), (b) and (c) of subsection (1) that differs from provision made in relation to other agreements under which a person is to work for another.

(5)The Secretary of State may by regulations provide for any provision of this Chapter to apply with modifications in relation to—

(a)an agreement within paragraph (a), (b) or (c) of subsection (1), or

(b)a person working, or proposing to work, under such an agreement.

(6)In subsection (1)—

  • Crown employment” means employment under or for the purposes of a government department or an officer or body exercising on behalf of the Crown functions conferred by a statutory provision (but does not include service as a member of the naval, military or air forces of the Crown);

  • relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996;

  • relevant member of the House of Lords staff” has the meaning given by section 194(6) of that Act.

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Commencement Information

I1Sch. 1 para. 1 in force for certain purposes at Royal Assent, see s. 115

I2Sch. 1 para. 1 in force at 26.5.2015 in so far as not already in force by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

2(1)Section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 (provision of financial resources) is amended as follows.E+W+S

(2)In subsection (1), after “financial resources” insert “ under this subsection ”.

(3)After subsection (1) insert—

(1A)The Secretary of State may secure the provision of financial resources to any person under this subsection (whether or not the resources could be secured under subsection (1))—

(a)for the purpose of encouraging the provision of opportunities for individuals to complete approved English apprenticeships or to undertake work following the completion of such apprenticeships, or

(b)otherwise in connection with approved English apprenticeships.

(4)In subsection (3), after “subsection (1)” insert “ or (1A) ”.

(5)In subsection (4), after “subsection (1)(c)” insert “ or (1A) ”.

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Commencement Information

I3Sch. 1 para. 2 in force for certain purposes at Royal Assent, see s. 115

I4Sch. 1 para. 2 in force at 26.5.2015 in so far as not already in force by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

3(1)Section 101 of that Act (financial resources: conditions) is amended as follows.E+W+S

(2)In subsection (2)—

(a)after “may” insert “ (among other things) ”;

(b)omit paragraph (b).

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

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Commencement Information

I5Sch. 1 para. 3 in force for certain purposes at Royal Assent, see s. 115

I6Sch. 1 para. 3 in force at 26.5.2015 in so far as not already in force by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

4In section 103 of that Act (means tests), in subsection (1) (as amended by paragraph 16 of Schedule 14), after “section 100(1)(c), (d) or (e)” insert “ or (1A) ”.E+W+S

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Commencement Information

I7Sch. 1 para. 4 in force for certain purposes at Royal Assent, see s. 115

I8Sch. 1 para. 4 in force at 26.5.2015 in so far as not already in force by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

PART 2 E+W+SConsequential amendments

5In consequence of the amendments made by Part 1 of this Schedule, the Apprenticeships, Skills, Children and Learning Act 2009 is further amended as follows.E+W+S

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Commencement Information

I9Sch. 1 para. 5 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Amendments of Part 1E+W+S

6For the title of Chapter 1, substitute “ Apprenticeships: Wales ”.E+W+S

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Commencement Information

I10Sch. 1 para. 6 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

7Omit section 1, and the italic cross-heading before it.E+W+S

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Commencement Information

I11Sch. 1 para. 7 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

8Omit sections 3 to 6, and the italic cross-heading before them.E+W+S

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Commencement Information

I12Sch. 1 para. 8 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

9In section 11—E+W+S

(a)in subsection (2), for “the appropriate national authority” substitute “ the Welsh Ministers ”;

(b)omit subsection (3);

(c)in the italic cross-heading before that section, omit “England and”.

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Commencement Information

I13Sch. 1 para. 9 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

10In section 12—E+W+S

(a)omit subsection (3);

(b)in the italic cross-heading before that section, omit “England and”.

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Commencement Information

I14Sch. 1 para. 10 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

11Omit sections 13 to 17, and the italic cross-heading before them.E+W+S

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Commencement Information

I15Sch. 1 para. 11 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

12Omit sections 23 to 27, and the italic cross-heading before them.E+W+S

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Commencement Information

I16Sch. 1 para. 12 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

13In the italic cross-heading before section 32, omit “England and”.E+W+S

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Commencement Information

I17Sch. 1 para. 13 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

14In section 32, omit subsection (6)(a), and the “or” following it.E+W+S

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Commencement Information

I18Sch. 1 para. 14 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

15In section 38—E+W+S

(a)in subsection (1), for “The Secretary of State” substitute “ The Welsh Ministers ”;

(b)in subsection (2), for “the Secretary of State” substitute “ the Welsh Ministers ”.

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Commencement Information

I19Sch. 1 para. 15 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

16In section 39, in subsection (1)—E+W+S

(a)in the definition of “apprenticeship certificate”, omit “3, 4,”;

(b)omit the definitions of “English certifying authority”, “English issuing authority”, “recognised English framework” and “the specification of apprenticeship standards for England”.

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Commencement Information

I20Sch. 1 para. 16 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Other amendments of the 2009 ActE+W+S

17In section 83, in subsection (5), for paragraphs (a) to (c) substitute—E+W+S

(a)an approved English apprenticeship, or

(b)any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.

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Commencement Information

I21Sch. 1 para. 17 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

18In section 83A—E+W+S

(a)in subsection (3), for the words from “opportunity to” to the end of the subsection substitute “ opportunity to enter into an approved English apprenticeship. ”;

(b)omit subsection (11).

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Commencement Information

I22Sch. 1 para. 18 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

19(1)Section 83B is amended as follows.E+W+S

(2)In subsection (1), for the words from “at a particular level” to the end of the subsection substitute “for the purpose of assisting a person to achieve a particular approved apprenticeship standard if the person—

(a)has already completed an approved English apprenticeship by achieving that standard,

(b)has already completed an approved English apprenticeship by achieving another standard and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work), or

(c)has worked under another arrangement and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work).”

(3)After that subsection insert—

(1A)Section A1(6) and (7) (which make provision about when a person completes an approved English apprenticeship and about the meaning of “approved apprenticeship standard”) apply for the purposes of subsection (1).

(4)Omit subsections (2) to (5).

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Commencement Information

I23Sch. 1 para. 19 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

20In section 90, in subsection (2), for paragraphs (a) and (b) substitute—E+W+S

(a)an approved English apprenticeship, or

(b)any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.

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Commencement Information

I24Sch. 1 para. 20 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

21Omit section 105.E+W+S

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Commencement Information

I25Sch. 1 para. 21 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

22In section 121, in subsection (1)—E+W+S

(a)omit the definition of “apprenticeship agreement”;

(b)after the definition of “apprenticeship training” insert—

approved English apprenticeship” has the meaning given by section A1(2);.

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Commencement Information

I26Sch. 1 para. 22 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

23In section 267, in subsection (2), for “Chapter 1” substitute “ Chapter A1 ”.E+W+S

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Commencement Information

I27Sch. 1 para. 23 in force at 26.5.2015 by S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Prospective

PART 3 E+W+SApprenticeships: Wales

24Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.E+W+S

25(1)Section 18 (Welsh issuing authority) is amended as follows.E+W+S

(2)For subsection (2) substitute—

(2)The power to designate conferred by this section may not be exercised in such a way that there is at any time more than one person designated to issue apprenticeship frameworks relating to a particular apprenticeship sector.

(3)For subsection (5) substitute—

(5)In this Chapter, the “Welsh issuing authority”, in relation to an apprenticeship framework, means—

(a)the person (if any) designated under this section to issue frameworks of that description;

(b)if there is no-one so designated, the Welsh Ministers.

26In section 19 (issue: Wales), in subsection (2)—E+W+S

(a)after “withdrawn” insert “ by the Welsh issuing authority ”;

(b)omit paragraphs (a) and (b).

27(1)Section 20 (recognised Welsh frameworks: notification and publication) is amended as follows.E+W+S

(2)In subsection (1)(b), at the beginning insert “ if the issuing authority is not the Welsh Ministers, ”.

(3)In subsection (3)—

(a)for “A person who” substitute “ A Welsh issuing authority which ”;

(b)in paragraph (b), for “in the case of withdrawal otherwise than by the Welsh Ministers,” substitute “ in the case where the issuing authority are not the Welsh Ministers, ”.

PART 4 E+W+STransitional provision

28The provision that may be included in an order under section 115(9) in connection with the coming into force of paragraph 1 of this Schedule includes provision—E+W+S

(a)for work done by a person under an arrangement described in the order to be treated as work done under an approved English apprenticeship within the meaning of the Apprenticeships, Skills, Children and Learning Act 2009, where the person begins to work under the arrangement before the paragraph comes into force and continues to do so (for any period) afterwards;

(b)for a standard published by the Secretary of State before the paragraph comes into force, in connection with work that by virtue of provision made under paragraph (a) is treated as work done under an approved English apprenticeship, to be treated as if it were an approved apprenticeship standard published under section A2 of the 2009 Act in relation to the approved English apprenticeship.

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Commencement Information

I28Sch. 1 para. 28 in force for certain purposes at Royal Assent, see s. 115

Section 8

SCHEDULE 2E+W+SDriving instructors

PART 1 E+W+SAmendments of Part 5 RTA 1988 (as amended by RSA 2006)

1Part 5 of the Road Traffic Act 1988 (driving instruction), as amended by Schedule 6 to the Road Safety Act 2006, is amended as follows.E+W+S

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Commencement Information

I29Sch. 2 in force for certain purposes at Royal Assent, see s. 115

2In section 124 (exemption from prohibitions imposed by section 123)—E+W+S

(a)in subsection (3), for “in particular, consist of” substitute in particular—

(a)include the circumstance that a person holds a current emergency control certificate (and require the person to undergo an emergency control assessment for the purpose of obtaining such a certificate);

(b)consist of;

(b)after subsection (5) insert—

(6)In this Part “emergency control assessment” and “emergency control certificate” mean an assessment and a certificate under section 133A of this Act.

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Commencement Information

I30Sch. 2 in force for certain purposes at Royal Assent, see s. 115

3(1)Section 125 (register) is amended as follows.E+W+S

(2)After subsection (3) insert—

(3A)If an applicant is aware that he is suffering from a relevant or prospective disability, his application under subsection (2) must be accompanied by written notification of the nature and extent of his disability.

(3B)Any person who fails without reasonable excuse to comply with the requirement imposed by subsection (3A) is guilty of an offence.

(3C)The Registrar may, in the circumstances mentioned in subsection (3D), require an applicant to submit himself for an emergency control assessment (whether or not the applicant already holds an emergency control certificate) in connection with his application under subsection (2).

(3D)Those circumstances are that the Registrar has reasonable grounds for believing that the person would be unable to take control of a motor vehicle of the class in which instruction is to be given if an emergency arose while he was giving driving instruction in such a motor vehicle.

(3)After subsection (5) insert—

(5A)In this Part “disability”, in respect of motor vehicles of any description, means a want of physical ability affecting the driving of motor vehicles of that description; and

(a)relevant disability”, in relation to a person, means any prescribed disability or any other disability likely to cause the driving of a vehicle of the description in question by him to be a source of danger to the public;

(b)prospective disability”, in relation to a person, means any other disability which, at the material time, is not of such a kind that it is a relevant disability but, by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in the course of time.

(4)Omit subsection (6).

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Commencement Information

I31Sch. 2 in force for certain purposes at Royal Assent, see s. 115

4(1)Section 125ZA (conditions of registration) is amended as follows.E+W+S

(2)In subsection (2)—

(a)omit the “and” at the end of paragraph (b);

(b)after paragraph (c) insert , and

(d)in the case of persons who have been required under section 125(3C) to submit themselves for emergency control assessments, conditions requiring the persons to hold current emergency control certificates.

(3)In subsection (4)—

(a)after paragraph (b) insert—

(ba)conditions requiring the persons, if at any time required to do so by the Registrar in the circumstances mentioned in section 125(3D), to submit themselves for emergency control assessments (whether or not they already hold emergency control certificates) on such days (within such periods as may be prescribed) and at such places as may be specified by the Registrar,

(bb)conditions requiring the persons to hold an emergency control certificate following any such assessment,;

(b)in paragraph (c), for “and (c)” substitute “ , (c) and (d) ”;

(c)omit the “and” at the end of paragraph (c);

(d)after paragraph (c) insert—

(ca)conditions requiring that, if instruction in the driving of a motor vehicle is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the vehicle, the persons will only give such instruction if they would be able to take control of the vehicle if such an emergency arose while giving the instruction, and.

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Commencement Information

I32Sch. 2 in force for certain purposes at Royal Assent, see s. 115

5Omit sections 125A and 125B (registration of disabled persons and supplementary provision).E+W+S

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Commencement Information

I33Sch. 2 in force for certain purposes at Royal Assent, see s. 115

6In section 126 (duration of registration), omit subsection (5).E+W+S

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Commencement Information

I34Sch. 2 in force for certain purposes at Royal Assent, see s. 115

7In section 127 (extension of duration of registration), in subsection (4)—E+W+S

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

(b)in paragraph (b), omit “in any other case,”.

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Commencement Information

I35Sch. 2 in force for certain purposes at Royal Assent, see s. 115

8In section 128 (termination of registration by Registrar), in subsection (2)—E+W+S

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

(b)in paragraph (b), omit “in any other case,”.

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Commencement Information

I36Sch. 2 in force for certain purposes at Royal Assent, see s. 115

9After section 128A insert—E+W+S

128BDirection to disregard emergency control assessment requirement

(1)This section applies where a person has been required under section 125(3C), or as mentioned in section 125ZA(4)(ba), to submit himself for an emergency control assessment.

(2)At any time before the assessment takes place the Registrar may withdraw the requirement (in which case this Part applies as if the requirement had never been imposed).

(3)At any time after the assessment takes place the Registrar may direct that the requirement is to be disregarded for the purposes of this Part (and accordingly any condition that the person holds an emergency certificate is to cease to apply).

(4)Notice of—

(a)the withdrawal of a requirement under subsection (2), or

(b)a direction under subsection (3),

must be given to the person on whom the requirement was imposed.

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Commencement Information

I37Sch. 2 in force for certain purposes at Royal Assent, see s. 115

10In section 133 (review of examinations etc)—E+W+S

(a)in subsection (2)(a), omit “or 125A(6)(a)”;

(b)in subsection (2)(b), omit “or 125A(7A)(a)”.

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Commencement Information

I38Sch. 2 in force for certain purposes at Royal Assent, see s. 115

11(1)Section 133A (assessment of ability to control a motor car in an emergency) is amended as follows.E+W+S

(2)In subsection (2)—

(a)in paragraph (a), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”;

(b)in paragraph (b), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”;

(c)in the closing words, for “an appropriate” substitute “ a ”.

(3)In subsection (6)—

(a)in paragraph (a), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”;

(b)in paragraph (b), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”.

(4)In subsection (7)(a), omit “covered by his disabled person's limited driving licence”.

(5)After subsection (9) insert—

(10)In this Part, “modifications”, in relation to a motor vehicle, includes equipment.

(6)In the heading, omit “disabled person's”.

(7)In the italic cross-heading before section 133A omit “Disabled Persons:”.

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Commencement Information

I39Sch. 2 in force for certain purposes at Royal Assent, see s. 115

12(1)Section 133B (further assessments) is amended as follows.E+W+S

(2)Omit subsection (1).

(3)After subsection (2) insert—

(2A)A person may, for the purpose of obtaining an emergency control certificate, apply to undergo a further emergency control assessment if—

(a)he has been required to submit himself for an emergency control assessment under section 125(3C) or as mentioned in section 125ZA(4)(ba),

(b)on completing that assessment, the assessor refused to grant him an emergency control certificate, and

(c)the application for the further assessment is made in such circumstances as may be prescribed.

(4)Omit subsection (3).

(5)In subsection (4), for “subsection (1) above” substitute “ subsection (5A) ”.

(6)After subsection (5) insert—

(5A)A person may not apply to undergo a further emergency control assessment under subsection (4) until after the end of—

(a)the period of six months beginning with the date of his most recent previous assessment, or

(b)such other period as may be prescribed by regulations,

unless the Registrar considers it appropriate for the application to be made at such earlier time as may be specified by the Registrar.

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Commencement Information

I40Sch. 2 in force for certain purposes at Royal Assent, see s. 115

13In section 133C (duty to disclose further disability), in subsection (2)—E+W+S

(a)in the opening words, omit “disabled”;

(b)in paragraph (a), for “125A(3)” substitute “ 125(3A) ”.

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Commencement Information

I41Sch. 2 in force for certain purposes at Royal Assent, see s. 115

14(1)Section 133D (offences relating to giving of paid driving instruction) is amended as follows.E+W+S

(2)Before subsection (2) insert—

(1A)This section applies to registered instructors who have undergone emergency control assessments in accordance with a requirement imposed under section 125(3C) or as mentioned in section 125ZA(4)(ba).

(3)In subsections (2) and (3), for “registered disabled instructor” substitute “ registered instructor to whom this section applies ”.

(4)After subsection (3) insert—

(3A)Subsection (3) does not apply if the person to whom the instruction is given holds a full licence granted under Part 3 which is not limited by virtue of a notice served under section 92(5)(b).

(5)In subsection (4), in the opening words, for “registered disabled instructor” substitute “ registered instructor to whom this section applies ”.

(6)In the heading, omit “by disabled person”.

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Commencement Information

I42Sch. 2 in force for certain purposes at Royal Assent, see s. 115

15In section 142 (index to Part 5), in the index—E+W+S

(a)omit the following expressions and the corresponding relevant provisions—

  • “Appropriate motor vehicle”;

  • “Disabled person's limited driving licence”;

  • “Registered disabled instructor”;

(b)in the entry for the expressions “disability, prospective disability and relevant disability”, in the corresponding relevant provision, for “125A(8)” substitute “ 125(5A) ”;

(c)in the entry for the expressions “emergency control assessment and emergency control certificate”, in the corresponding relevant provision, for “125A(8)” substitute “ 124(6) ”;

(d)in the entry for the expression “modifications, in relation to a motor vehicle”, in the corresponding relevant provision, for “125A(8)” substitute “ 133A(10) ”.

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Commencement Information

I43Sch. 2 in force for certain purposes at Royal Assent, see s. 115

PART 2 E+W+STransitory amendments of Part 5 RTA 1988 (before amendment by RSA 2006)

16Until the commencement of Schedule 6 to the Road Safety Act 2006, Part 5 of the Road Traffic Act 1988 (driving instruction) has effect as if it were amended as follows.E+W+S

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Commencement Information

I44Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I45Sch. 2 para. 16 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

17(1)Section 125 (the register of approved instructors) has effect as if it were amended as follows.E+W+S

(2)After subsection (2) insert—

(2A)If an applicant is aware that he is suffering from a relevant or prospective disability, his application under subsection (2) must be accompanied by written notification of the nature and extent of his disability.

(2B)Any person who fails without reasonable excuse to comply with the requirement imposed by subsection (2A) is guilty of an offence.

(2C)The Registrar may, in the circumstances mentioned in subsection (2D), require an applicant to submit himself for an emergency control assessment (whether or not the applicant already holds an emergency control certificate) in connection with his application under subsection (2).

(2D)Those circumstances are that the Registrar has reasonable grounds for believing that the person would be unable to take control of a motor car of a prescribed class if an emergency arose while he was giving driving instruction in such a motor car.

(3)In subsection (3)—

(a)omit the “and” at the end of paragraph (d);

(b)after paragraph (d) insert—

(da)in the case of an applicant who has been required under subsection (2C) to submit himself for an emergency control assessment, he holds a current emergency control certificate, and.

(4)In subsection (5), for the words from “condition” to the end substitute following conditions—

(a)that, so long as his name is on the register, the person will, if at any time required to do so by the Registrar, submit himself for—

(i)such test of continued ability and fitness to give instruction in the driving of motor cars (which may consist of practical and other means of assessment) as may be prescribed;

(ii)an emergency control assessment (whether or not the person already holds an emergency control certificate) on the day (within such period as may be prescribed) and at the place specified by the Registrar; and

(b)that, so long as his name is on the register, if instruction in the driving of a motor car is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the motor car, the person will only give such instruction if he would be able to take control of the motor car if such an emergency arose while he was giving the instruction.

(5)After subsection (5) insert—

(5A)The Registrar may impose a requirement as mentioned in subsection (5)(a)(ii) only in the circumstances mentioned in subsection (2D).

(6)After subsection (7) insert—

(7A)A person shall be exempt from the condition mentioned in subsection (3)(da) if—

(a)the Secretary of State is satisfied that satisfactory provision is made by the law of Northern Ireland for purposes corresponding to section 133A, and

(b)the person satisfies the Registrar that he holds a current certificate granted under that law which corresponds to an emergency control certificate granted under section 133A.

(7)After subsection (8) insert—

(8A)Subsection (8B) applies if—

(a)a person undergoes an emergency control assessment in accordance with a requirement imposed under subsection (2C) or as mentioned in subsection (5)(a)(ii),

(b)the assessor refuses to grant the applicant an emergency control certificate, and

(c)as a result the person is not registered, or the person's name is removed from the register (as the case may be).

(8B)The person may not make a further application for registration before the end of—

(a)the period of 6 months beginning with the date of the emergency control assessment mentioned in subsection (8A)(a), or

(b)such other period as may be prescribed,

unless the Registrar is satisfied that there is good reason for permitting such an application before the end of that period.

(8)Omit subsection (9).

(9)In subsection (10), for the words after “In this Part of this Act” substitute

Community licence” has the same meaning as in Part 3 of this Act;

disability” means a want of physical ability affecting the driving of motor cars; and

(a)relevant disability”, in relation to a person, means any prescribed disability or any other disability likely to cause the driving of a motor car by him to be a source of danger to the public;

(b)prospective disability”, in relation to a person, means any other disability which, at the material time, is not of such a kind that it is a relevant disability but, by virtue of the intermittent or progressive nature of the disability or otherwise, may become a relevant disability in the course of time;

“emergency control assessment” and “emergency control certificate” mean an assessment and a certificate under section 133A.

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Commencement Information

I46Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I47Sch. 2 para. 17 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

18Part 5 has effect as if sections 125A and 125B (registration of disabled persons and supplementary provision) were omitted.E+W+S

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Commencement Information

I48Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I49Sch. 2 para. 18 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

19Section 126 (duration of registration) has effect as if subsection (4) were omitted.E+W+S

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Commencement Information

I50Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I51Sch. 2 para. 19 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

20(1)Section 127 (extension of duration of registration) has effect as if it were amended as follows.E+W+S

(2)In subsection (3)—

(a)in the opening words, omit “Except in the case of a registered disabled instructor,”;

(b)in paragraph (a), for “such test as is mentioned in section 125(5)” substitute “ such test or assessment as is mentioned in section 125(5)(a)(i) or (ii) ”;

(c)omit the “and” at the end of paragraph (d);

(d)after paragraph (d) insert—

(da)that, in the case of a person who—

(i)when he applied to be registered, was required under section 125(2C) to submit himself for an emergency control assessment, or

(ii)at any time during the period mentioned in paragraph (a) was required as mentioned in section 125(5)(a)(ii) to submit himself for such an assessment,

he holds a current emergency control certificate, and.

(3)Omit subsection (3A).

(4)In subsection (4)—

(a)in paragraph (a), omit “in the case of its retention by virtue of subsection (3) above,”;

(b)in paragraph (a), for “condition” substitute “ conditions ”;

(c)omit the “and” at the end of paragraph (a);

(d)omit paragraph (b).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I52Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I53Sch. 2 para. 20 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

21(1)Section 128 (removal of names from register) has effect as if it were amended as follows.E+W+S

(2)In subsection (2)—

(a)in the opening words, omit “Except in the case of a registered disabled instructor,”;

(b)in paragraph (c), for “test such as is mentioned in section 125(5)” substitute “ test or assessment such as is mentioned in section 125(5)(a)(i) or (ii) ”;

(c)after paragraph (d) insert—

(da)that an assessor refused to grant him an emergency control certificate on completing an emergency control assessment of him following a requirement imposed as mentioned in section 125(5)(a)(ii),

(db)that he gave instruction in the driving of a motor car in breach of the condition in section 125(5)(b) (ability to take control of motor car in an emergency),.

(3)Omit subsection (2A).

(4)In subsection (8)(b), for “(5)” substitute “ (5)(a)(i) ”.

(5)Omit subsection (9).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I55Sch. 2 para. 21 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

22(1)Section 129 (licences for giving instruction so as to obtain practical experience) has effect as if it were amended as follows.E+W+S

(2)In subsection (1), for the words from “either” to the end substitute “ such part of the examination referred to in section 125(3)(a) as consists of a practical test of ability and fitness to instruct ”.

(3)After subsection (1) insert—

(1A)An application for a licence to give paid instruction in the driving of a motor car must be made to the Registrar, in the manner determined by the Secretary of State, accompanied by particulars so determined.

(1B)The Registrar may, in the circumstances mentioned in subsection (1C), require the applicant to submit himself for an emergency control assessment in connection with the application.

(1C)Those circumstances are that the Registrar has reasonable grounds for believing that the person in question would be unable to take control of a motor car of a prescribed class if an emergency arose while he was giving driving instruction in such a motor car.

(4)For subsection (2) substitute—

(2)Where a person duly applies for a licence, the Registrar must, on payment of such fee, if any, as may be prescribed, grant to the applicant a licence to give paid instruction in the driving of a motor car if the Registrar is satisfied—

(a)that the applicant has passed the other parts of the examination referred to in subsection (1),

(b)that the conditions set out in section 125(3)(b), (c), (d) and (e) are fulfilled in the applicant's case, and

(c)in the case of an applicant who has been required under subsection (1B) to submit himself for an emergency control assessment, he holds a current emergency control certificate.

(5)In subsection (5), omit “, subject to subsection (5A) below,”.

(6)After subsection (5) insert—

(5ZA)Those conditions may (in particular) include—

(a)a condition requiring the person to whom the licence was granted, if required to do so by the Registrar at any time when the circumstances mentioned in subsection (1C) apply, to submit himself for an emergency control assessment (whether or not the person already holds an emergency control certificate) on such day (within such period as may be prescribed) and at such place as may be specified by the Registrar;

(b)a condition requiring that, if instruction in the driving of a motor car is to be given in circumstances where there is a reasonable expectation of an emergency arising which necessitates the instructor taking control of the car, the person will only give such instruction if he would be able to take control of the car if such an emergency arose while giving the instruction.

(7)Omit subsections (5A) and (5B).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I57Sch. 2 para. 22 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

23(1)Section 130 (revocation of licence) has effect as if it were amended as follows.E+W+S

(2)In subsection (2)—

(a)in the opening words omit “Except in the case of a licence granted by virtue of subsection (2)(b) of section 129 of this Act,”;

(b)omit the “or” at the end of paragraphs (a) and (b);

(c)after paragraph (b) insert—

(ba)that an assessor refused to grant him an emergency control certificate on completing an emergency control assessment of him following a requirement imposed as mentioned in section 129(5ZA)(a), or.

(3)Omit subsection (2A).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I58Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I59Sch. 2 para. 23 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

24(1)Section 133A (assessment of ability to control a motor car in an emergency) has effect as if it were amended as follows.E+W+S

(2)In subsection (2)—

(a)in paragraph (a), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”;

(b)in paragraph (b), for “class covered by his disabled person's driving licence” substitute “ prescribed class ”;

(c)in the closing words, for “an appropriate” substitute “ a ”.

(3)In subsection (6)—

(a)in paragraph (a), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”;

(b)in paragraph (b), for “class covered by his disabled person's limited driving licence” substitute “ prescribed class ”.

(4)In subsection (7)(a), omit “covered by his disabled person's limited driving licence”.

(5)After subsection (9) insert—

(10)In this Part, “modifications”, in relation to a motor car, includes equipment.

(6)In the heading, omit “disabled person's”.

(7)In the italic cross-heading before section 133A omit “Disabled Persons:”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I60Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I61Sch. 2 para. 24 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

25(1)Section 133B (further assessments) has effect as if it were amended as follows.E+W+S

(2)Omit subsection (1).

(3)After subsection (2) insert—

(2A)A person may, for the purpose of obtaining an emergency control certificate, apply to undergo a further emergency control assessment if—

(a)he has been required to submit himself for an emergency control assessment—

(i)under section 125(2C) or 129(1B), or

(ii)as mentioned in section 125(5)(a)(ii) or 129(5ZA),

(b)on completing that assessment, the assessor refused to grant him an emergency control certificate, and

(c)the application for the further assessment is made in such circumstances as may be prescribed.

(4)Omit subsection (3).

(5)In subsection (4), for “subsection (1) above” substitute “ subsection (5A) ”.

(6)After subsection (5) insert—

(5A)A person may not apply to undergo a further emergency control assessment under subsection (4) until after the end of—

(a)the period of six months beginning with the date of his most recent previous assessment, or

(b)such other period as may be prescribed by regulations,

unless the Registrar considers it appropriate for the application to be made at such earlier time as may be specified by the Registrar.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I62Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I63Sch. 2 para. 25 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

26(1)Section 133C (duty to disclose further disability) has effect as if it were amended as follows.E+W+S

(2)In subsection (1)—

(a)for paragraph (a) substitute—

(a)persons whose names are in the register, and;

(b)in paragraph (b), omit “granted by virtue of subsection (2)(b) of that section”.

(3)In subsection (2)(a), for “125A(3)” substitute “ 125(2A), 129(1A) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I64Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I65Sch. 2 para. 26 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

27(1)Section 133D (offences relating to giving by disabled person of paid driving instruction) has effect as if it were amended as follows.E+W+S

(2)For subsection (1) substitute—

(1)This section applies to—

(a)persons whose names are in the register, and

(b)persons who hold licences under section 129 of this Act,

who have undergone emergency control assessments in accordance with a requirement imposed under section 125(2C) or 129(1B) or as mentioned in section 125(5)(a)(ii) or 129(5ZA)(a).

(3)After subsection (3) insert—

(3A)Subsection (3) does not apply if the person to whom the instruction is given holds a full licence granted under Part 3 which is not limited by virtue of a notice served under section 92(5)(b).

(4)In the heading, omit “by disabled person”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I66Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I67Sch. 2 para. 27 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

28Part 5 has effect as if after section 133D there were inserted—E+W+S

133EDirection to disregard emergency control assessment requirement

(1)This section applies where a person has been required—

(a)under section 125(2C) or 129(1B), or

(b)as mentioned in section 125(5)(a)(ii) or 129(5ZA),

to submit himself for an emergency control assessment.

(2)At any time before the assessment takes place the Registrar may withdraw the requirement (in which case this Part applies as if the requirement had never been imposed).

(3)At any time after the assessment takes place the Registrar may direct that the requirement is to be disregarded for the purposes of this Part (and accordingly any condition that the person holds an emergency certificate is to cease to apply).

(4)Notice of—

(a)the withdrawal of a requirement under subsection (2), or

(b)a direction under subsection (3),

must be given to the person on whom the requirement was imposed.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I68Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I69Sch. 2 para. 28 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

29(1)Section 142 (index to Part 5) has effect as if the index were amended as follows.E+W+S

(2)Omit the following expressions and the corresponding relevant provisions—

  • “Appropriate motor car”;

  • “Disabled person's limited driving licence”;

  • “Registered disabled instructor”.

(3)In the entry for the expressions “disability, prospective disability and relevant disability”, in the corresponding relevant provision, for “125A(8)” substitute “ 125(10) ”.

(4)In the entry for the expressions “emergency control assessment and emergency control certificate”, in the corresponding relevant provision, for “125A(8)” substitute “ 125(10) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I70Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I71Sch. 2 para. 29 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

PART 3 E+W+SConsequential and related amendments

Road Traffic (Driving Instruction by Disabled Persons) Act 1993E+W+S

30(1)The Road Traffic (Driving Instruction by Disabled Persons) Act 1993 is amended as follows.E+W+S

(2)Omit section 1 (registration of disabled persons as driving instructors).

(3)In section 2 (licences allowing disabled persons to give instruction so as to obtain practical experience), omit subsection (4).

(4)In the Schedule (related and consequential amendments)—

(a)omit paragraph 5(4);

(b)omit paragraph 6(4) and (5);

(c)omit paragraph 7(4).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I72Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I73Sch. 2 para. 30 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Road Traffic Offenders Act 1988E+W+S

31(1)Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts), as amended by Schedule 6 to the Road Safety Act 2006, is amended as follows.E+W+S

(2)In the entry for section 125A(4) of the Road Traffic Act 1988—

(a)for “125A(4)” substitute “ 125(3B) ”;

(b)in the second column, for “for registration as disabled driving instructor” substitute “ to be registered in respect of driving instruction ”;

(c)in the second column, omit “onset of, or deterioration in,”.

(3)In the entry for section 133C(4) of the Road Traffic Act 1988, in the second column, omit “disabled”.

(4)In the entry for section 133D of the Road Traffic Act 1988, in the second column, for “disabled persons” substitute “ persons required to hold emergency control certificates ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I74Sch. 2 in force for certain purposes at Royal Assent, see s. 115

32(1)Until the commencement of Schedule 6 to the Road Safety Act 2006, Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts) has effect as if it were amended as follows.E+W+S

(2)In the entry for section 125A(4) of the Road Traffic Act 1988—

(a)for “125A(4)” substitute “ 125(2B) ”;

(b)in the second column, for “for registration as disabled driving instructor” substitute “ to be registered in respect of driving instruction ”;

(c)in the second column, omit “onset of, or deterioration in,”.

(3)In the entry for section 133C(4) of the Road Traffic Act 1988, in the second column, omit “disabled”.

(4)In the entry for section 133D of the Road Traffic Act 1988, in the second column, for “disabled persons” substitute “ persons required to hold emergency control certificates ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I75Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I76Sch. 2 para. 32 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Road Safety Act 2006E+W+S

33In Schedule 6 to the Road Safety Act 2006, omit paragraphs 6 and 7.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I77Sch. 2 in force for certain purposes at Royal Assent, see s. 115

I78Sch. 2 para. 33 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(a) (with Sch. Pt. 3)

Section 9

SCHEDULE 3E+W+SMotor insurance industry: certificates of insurance

1The Road Traffic Act 1988 is amended as follows.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I79Sch. 3 para. 1 in force at 30.6.2015 by S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A)

2In section 147 (issue and surrender of certificates of insurance and of security”)—E+W+S

(a)in subsection (1A), for the words from “this Part of this Act” to “subsection (1) above” substitute “ subsection (1) as having been delivered ”;

(b)in the heading, omit “and surrender”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I80Sch. 3 para. 2 in force at 30.6.2015 by S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A)

3In section 148 (avoidance of certain exceptions to policies or securities), in subsection (1), for the words from “Where a certificate” to “has been given,” substitute “ Where a policy or security is issued or given for the purposes of this Part of this Act, ”.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I81Sch. 3 para. 3 in force at 30.6.2015 by S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A)

4(1)Section 151 (duty of insurers or persons giving security to satisfy judgment against persons insured or secured against third-party risks) is amended as follows.E+W+S

(2)In subsection (1), for the words from “a certificate of insurance” to “security has been given,” substitute “ a policy or security is issued or given for the purposes of this Part of this Act, ”.

(3)In subsection (2)(a), omit “to which the certificate relates”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I82Sch. 3 para. 4 in force at 30.6.2015 by S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A)

5In section 152 (exceptions to section 151), in paragraph (c) of subsection (1), omit the words from “, and also” to the end of the paragraph.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I83Sch. 3 para. 5 in force at 30.6.2015 by S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A)

6In section 153 (bankruptcy, etc, of insured or secured persons not to affect claims by third parties), in subsection (1), for the words from “a certificate of insurance” to “security has been given,” substitute “ a person has effected a policy of insurance or been given a security for the purposes of this Part of this Act, ”.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I84Sch. 3 para. 6 in force at 30.6.2015 by S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A)

7In section 161 (interpretation), omit subsection (2).E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I85Sch. 3 para. 7 in force at 30.6.2015 by S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A)

Section 13

SCHEDULE 4E+W+SAgricultural Holdings Act 1986: resolution of disputes by third party determination

1The Agricultural Holdings Act 1986 is amended as follows.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I86Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

2In section 2 (restriction on letting agricultural land for less than from year to year), after subsection (4) (determination of disputes arising as to the operation of the section in relation to any agreement to be by arbitration) insert—E+W+S

(5)Notwithstanding subsection (4) above, the parties to the agreement may instead refer for third party determination under this Act the dispute that has arisen as to the operation of this section.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I87Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

3(1)Section 6 (right to written tenancy agreement) is amended as follows.E+W+S

(2)After subsection (1) insert—

(1A)Where the landlord or tenant has the right under subsection (1) above to refer the terms of the tenancy to arbitration under this Act, the landlord and tenant may instead refer the terms of the tenancy for third party determination under this Act.

(3)In subsection (2) (contents of arbitrator's award)—

(a)in the opening words, after “arbitrator in his award” insert “ or (as the case may be) the third party in his determination ”;

(b)in paragraph (b), after “arbitrator” insert “ or third party ”.

(4)In subsection (3) (power of arbitrator to vary rent in consequence of award)—

(a)after “arbitrator” insert “ or third party ”;

(b)after “award” insert “ or (as the case may be) his determination ”.

(5)In subsection (4) (effect of arbitrator's award)—

(a)after “The award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”;

(b)after “the award” (in each place where it occurs) insert “ or determination ”.

(6)In subsection (6) (period when determination of the terms of the tenancy is pending), after “award of an arbitrator” insert “ or the determination of a third party ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I88Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

4In section 7 (model clauses as to the maintenance, repair and insurance of fixed equipment), in subsection (2) (power for regulations to make provision for matters arising under them to be determined by arbitration), after “arbitration” insert “ or third party determination ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I89Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

5(1)Section 8 (arbitration where terms of written agreement are inconsistent with the model clauses) is amended as follows.E+W+S

(2)After subsection (2) insert—

(2A)Where the landlord or tenant has the right under subsection (2) above to refer the terms of the tenancy as to the maintenance, repair and insurance of fixed equipment to arbitration under this Act (or would have that right but for subsection (6) below), the landlord and tenant may instead refer those terms for third party determination under this Act.

(3)In subsection (3) (arbitrator's duty to consider terms and power to vary them)—

(a)after “arbitrator” insert “ or third party ”;

(b)after “arbitration” insert “ or (as the case may be) for third party determination ”;

(c)after “award” insert “ or determination ”.

(4)In subsection (4) (power of arbitrator to vary rent in consequence of award)—

(a)after “arbitrator” insert “ or third party ”;

(b)after “award” insert “ or (as the case may be) his determination ”.

(5)In subsection (5) (effect of arbitrator's award)—

(a)after “The award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”;

(b)after “the award” (in each place where it occurs) insert “ or determination ”.

(6)In subsection (6) (references under section to be made at least 3 years apart)—

(a)after “a reference” insert “ to arbitration or third party determination ”;

(b)for “further such reference” substitute “ subsequent reference to arbitration ”;

(c)after “award of the arbitrator” insert “ or (as the case may be) the determination of the third party ”.

(7)In the sidenote, after “Arbitration” insert “ or third party determination ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I90Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

6(1)Section 9 (transitional arrangements where liability in respect of fixed equipment transferred) is amended as follows.E+W+S

(2)After subsection (1) insert—

(1A)Where the landlord has the right under subsection (1) above to require that there shall be determined by arbitration under this Act and paid by the tenant the amount of any relevant compensation (or would have that right but for the expiry of the prescribed period), the landlord and tenant may instead refer for third party determination under this Act the question of the amount of any relevant compensation that the tenant is to be required to pay.

(3)In subsection (2) (definition of “relevant compensation”), for “subsection (1) above” (in the first place where it occurs) substitute “ subsections (1) and (1A) above ”.

(4)After subsection (3) insert—

(3A)Where the tenant has the right under subsection (3) above to require that there shall be determined by arbitration under this Act a claim of a type described in that subsection (or would have that right but for the expiry of the prescribed period), the tenant and landlord may instead refer the claim for third party determination under this Act.

(5)In subsection (4) (provision about disregarding a variation of the terms of a tenancy as to the maintenance, repair or insurance of fixed equipment), after “arbitrator” insert “ or third party ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I91Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

7In section 10 (tenant's right to remove fixtures and buildings), after subsection (6) (determination by arbitration of any dispute between a landlord and tenant as to the amount payable by the landlord under subsection (4) on an election to purchase a fixture or building) insert—E+W+S

(6A)Notwithstanding subsection (6) above, the landlord and tenant may instead refer for third party determination under this Act the dispute that has arisen with respect to the amount payable by the landlord under subsection (4).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I92Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

8(1)Section 12 (arbitration of rent) is amended as follows.E+W+S

(2)After subsection (1) insert—

(1A)The landlord and tenant may instead refer for third party determination under this Act the question of how much rent is to be payable in respect of the holding as from the next termination date.

(3)In subsection (2) (arbitrator's duty to determine rent properly payable)—

(a)after “arbitrator” insert “ or third party ”;

(b)after “demand for arbitration” insert “ or (as the case may be) the reference for third party determination ”.

(4)In subsection (4) (references to the next termination date following the date of a demand for arbitration)—

(a)after “a demand for arbitration” insert “ , or reference for third party determination, ”;

(b)after “the demand” (in each place where it occurs) insert “ or reference ”.

(5)In the sidenote, after “Arbitration” insert “ or third party determination ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I93Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

9In section 13 (increases of rent for landlord's improvements), after subsection (7) (determination of any dispute between a landlord and tenant under the section to be by arbitration) insert—E+W+S

(7A)Notwithstanding subsection (7) above, the landlord and the tenant may instead refer the dispute for third party determination under this Act.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I94Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

10(1)Section 14 (variation of terms of tenancies as to permanent pasture) is amended as follows.E+W+S

(2)After subsection (2) insert—

(2A)Where the landlord or tenant has the right under subsection (2) above to demand that the question described in that subsection shall be referred to arbitration under this Act, the landlord and tenant may instead refer that question for third party determination under this Act.

(3)In subsection (3) (power of arbitrator to direct modification of terms as to land which is to be maintained as permanent pasture or is to be treated as arable land and as to cropping)—

(a)after “subsection (2)” insert “ or (2A) ”;

(b)after “arbitrator” insert “ or third party ”;

(c)after “award” insert “ or (as the case may be) his determination ”.

(4)In subsection (4) (power of arbitrator to order that, on termination of the tenancy, the tenant should leave an area of land as permanent pasture or as temporary pasture sown with certain seeds)—

(a)after “subsection (2)” insert “ or (2A) ”;

(b)after “arbitrator” insert “ or third party ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I95Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

11(1)Section 15 (disposal of produce and cropping) is amended as follows.E+W+S

(2)In subsection (6) (determination by arbitration of question whether tenant exercising subsection (1) rights in manner likely to injure holding etc), after “(including an arbitration” insert “ or third party determination ”.

(3)After subsection (6) insert—

(6A)Notwithstanding subsection (6) above, the landlord and tenant may agree that, for the purposes of proceedings brought by the landlord under paragraph (a) of subsection (5) above, the question described in subsection (6) is instead to be referred for third party determination under this Act.

(6B)On a reference under subsection (6A) above, the determination of the third party shall, for the purposes of any proceedings brought under subsection (5) above (including an arbitration or third party determination under paragraph (b)) be conclusive proof of the facts stated in the determination.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I96Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

12(1)Section 20 (compensation for damage by game) is amended as follows.E+W+S

(2)After subsection (4) (amount of compensation to be determined by arbitration, in default of agreement) insert—

(4A)Notwithstanding subsection (4) above, the tenant and landlord may instead refer for third party determination under this Act the question of the amount of compensation to which the tenant is entitled.

(3)After subsection (5) (determination by arbitration of questions as to the landlord's right to be indemnified against claims for compensation by the person in whom the right to kill and take the wild animals or birds that did the damage is vested) insert—

(6)Notwithstanding subsection (5) above, the landlord and the other person may instead refer for third party determination under this Act the questions arising between them under that subsection.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I97Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

13In section 25 (length of notice to quit), in subsection (3) (effect of determination under section 12 by arbitrator), after “arbitrator” insert “ or third party ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I98Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

14(1)Section 33 (reduction of rent where notice is given to quit part of holding) is amended as follows.E+W+S

(2)After subsection (2) (amount of rent reduction to be determined by arbitration, in default of agreement) insert—

(2A)Notwithstanding subsection (2) above, the tenant and landlord may instead refer for third party determination under this Act the question of the amount of any reduction of rent to which the tenant is entitled under this section.

(3)In subsection (3) (matters to be taken into account by arbitrator)—

(a)after “arbitration” insert “ or third party determination ”;

(b)after “arbitrator” insert “ or (as the case may be) the third party ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I99Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

15In section 47 (terms of new tenancy unless varied by arbitration), in the sidenote, after “arbitration” insert “ or third party determination ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I100Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

16(1)Section 48 (arbitration on terms of new tenancy) is amended as follows.E+W+S

(2)For subsection (3) substitute—

(3)Where the provisions of this section apply—

(a)the landlord or tenant may by notice in writing served on the other within the prescribed period demand a reference to arbitration under this Act of one or both of the questions specified in subsection (4) below, or

(b)the landlord and tenant may refer for third party determination under this Act one or both of those questions.

(3)In subsection (5) (duties of arbitrator on reference of “question (a)”)—

(a)in the opening words—

(i)after “arbitration” insert “ or third party determination ”;

(ii)after “arbitrator” insert “ or (as the case may be) the third party ”;

(b)in paragraph (b), after “award” insert “ or determination ”.

(4)In subsection (6) (power of arbitrator to vary rent where “question (a)” but not “question (b)” referred to arbitration)—

(a)after “arbitration” insert “ or third party determination ”;

(b)after “arbitrator” insert “ or (as the case may be) the third party ”;

(c)after “award” insert “ or determination ”.

(5)In subsection (7) (duties of arbitrator on reference of “question (b)”)—

(a)after “arbitration” insert “ or third party determination ”;

(b)after “arbitrator” insert “ or (as the case may be) the third party ”.

(6)In subsection (10) (power of arbitrator to include further provisions in award), after “award” insert “ or (as the case may be) the third party may include in his determination ”.

(7)In subsection (11) (effect of arbitrator's award made before “the relevant time”)—

(a)after “award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”;

(b)after “award” (in the second place where it occurs) insert “ or determination ”.

(8)In subsection (12) (effect of arbitrator's award made after “the relevant time”)—

(a)after “award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”;

(b)after “award” (in the second place where it occurs) insert “ or determination ”.

(9)In the sidenote, after “Arbitration” insert “ or third party determination ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I101Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

17In section 74 (supplementary provisions with respect to compensation: termination of tenancy of part of holding), in subsection (2)(b) (matters to be taken into consideration by arbitrator assessing amount of compensation payable to tenant), after “arbitrator” insert “ or (as the case may be) the third party appointed under section 84A below ”.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I102Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

18In section 75 (compensation where reversionary estate in holding is severed), in subsection (2)—E+W+S

(a)after “arbitrator” (in the first place where it occurs) insert “ or (as the case may be) the third party ”;

(b)after “awarded” insert “ or determined by third party determination ”;

(c)after “award” insert “ or determination ”;

(d)after “arbitrator” (in the second place where it occurs) insert “ or third party ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I103Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

19In section 80 (power of Tribunal to direct holding to be treated as market garden), after subsection (7) insert—E+W+S

(7A)Notwithstanding the provision made by subsection (7) above for rents to be settled by arbitration, the landlord and tenant may instead refer those rents to be settled by third party determination under this Act.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I104Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

20(1)Section 83 (settlement of claims on termination of tenancy) is amended as follows.E+W+S

(2)After subsection (1) (determination by arbitration of claims arising under the Act etc on or out of the termination of the tenancy) insert—

(1A)Notwithstanding subsection (1) above, but subject to the provisions of subsections (2) and (3) below, the tenant and landlord may instead refer for third party determination under this Act any such claim as is mentioned in subsection (1).

(3)For subsections (4) and (5) (8 month period from the termination of the tenancy within which the landlord and tenant may settle a claim by agreement in writing before it is determined by arbitration) substitute—

(4)An arbitrator may not be appointed under section 84(2) below to determine a claim which has become enforceable by virtue of the service of a notice under subsection (2) above before the expiry of eight months from the termination of the tenancy.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I105Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

21After section 84 (arbitrations) insert—E+W+S

84AThird party determinations

(1)Parties who wish to refer a matter for third party determination under this Act must jointly appoint a third party to determine the matter.

(2)Parties may not under subsection (1) jointly appoint a third party to determine a matter once an arbitrator has been appointed to determine the matter under section 84(2).

(3)Any matter which by or by virtue of this Act or regulations made under this Act may be determined by third party determination under this Act is to be treated as having been referred for third party determination under this Act once an appointment has been made under subsection (1).

(4)References to “third party determination under this Act” are to the determination of a matter by the third party appointed under subsection (1) or a replacement third party jointly appointed by the parties on a termination of the earlier appointment and references to a “third party”, in the context of such a determination, are to the third party so appointed.

(5)If a third party appointed under this section to determine a matter dies, or is incapable of acting, the parties may (instead of appointing a replacement) agree to proceed as if they had not referred the matter for third party determination under this Act.

(6)A matter that has been referred for third party determination under this Act may not be determined by arbitration under this Act except by virtue of subsection (5).

(7)Where by virtue of this Act compensation under an agreement is to be substituted for compensation under this Act for improvements or for any such matters as are specified in Part 2 of Schedule 8 to this Act, the third party must award compensation in accordance with the agreement instead of in accordance with this Act.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I106Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

22In section 85 (enforcement), in subsection (1) (recovery of unpaid amount by county court proceedings), for “or awarded” substitute “ , awarded or determined by third party determination ”.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I107Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

23(1)Section 86 (power of landlord to obtain charge on holding) is amended as follows.E+W+S

(2)In subsection (2) (provision for landlord to request arbitrator to certify amount of compensation and term for which charge may properly be made), in the opening words—

(a)after “arbitration” insert “ or third party determination ”;

(b)after “arbitrator” insert “ or (as the case may be) the third party ”.

(3)In subsection (3) (landlord acting as trustee etc: ability to obtain order charging the holding with repayment of sums to be paid by the landlord under the Act)—

(a)for “or awarded” (in the first place where it occurs) substitute “ , awarded or determined by third party determination ”;

(b)after “awarded” (in the second place where it occurs) insert “ or determined by third party determination ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I108Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

24In section 96 (interpretation), in subsection (1), at the relevant place insert—E+W+S

“third party” and “third party determination” have the meaning given by section 84A(4) above;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I109Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

25(1)Schedule 2 (arbitration of rent: provisions supplementary to section 12) is amended as follows.E+W+S

(2)In paragraph 1(3) (amount of rent: arbitrator determining current level of rents for comparable lettings)—

(a)after “arbitrator” insert “ or (as the case may be) the third party ”;

(b)after “arbitration” insert “ or third party determination ”.

(3)In paragraph 2(1) (amount of rent: duty of arbitrator to disregard increase in rental value due to certain improvements), after “arbitrator” insert “ or (as the case may be) the third party ”.

(4)In paragraph 3 (amount of rent: other duties of arbitrator)—

(a)in the opening words, after “arbitrator” insert “ or (as the case may be) the third party ”;

(b)in paragraph (a), after “arbitration” insert “ or third party determination ”.

(5)In paragraph 4 (frequency of arbitrations under section 12), in sub-paragraph (1)(c), after “arbitrator” insert “ or third party ”.

(6)In the heading to the Schedule, after “ARBITRATION” insert “ OR THIRD PARTY DETERMINATION ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I110Sch. 4 in force for certain purposes at Royal Assent and 26.5.2015 in so far as not already in force, see s. 115

Section 18

SCHEDULE 5E+W+SAuditors ceasing to hold office

PART 1 E+W+SNotification requirements

1Chapter 4 of Part 16 of the Companies Act 2006 (audit: removal, resignation, etc of auditors) is amended in accordance with paragraphs 2 to 11.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I111Sch. 5 para. 1 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

2Omit section 512 (notice to registrar of resolution removing auditor from office).E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I112Sch. 5 para. 2 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

3In section 516 (resignation of auditor), in subsection (2), for “The” substitute “ Where the company is a public interest company, the ”.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I113Sch. 5 para. 3 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

4Omit section 517 (notice to registrar of resignation of auditor).E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I114Sch. 5 para. 4 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

5(1)Section 518 (rights of resigning auditor) is amended as follows.E+W+S

(2)In subsection (1), for the words from “auditor's notice of resignation” to the end of the subsection substitute auditor's (A's) notice of resignation is accompanied by a statement under section 519 except where—

(a)the company is a non-public interest company, and

(b)the statement includes a statement to the effect that A considers that none of the reasons for A's ceasing to hold office, and no matters (if any) connected with A's ceasing to hold office, need to be brought to the attention of members or creditors of the company (as required by section 519(3B)).

(3)In subsection (2), for “circumstances connected with” substitute “ reasons for, and matters connected with, ”.

(4)In subsection (3), in the words after paragraph (b), for “circumstances connected with” substitute “ reasons for, and matters connected with, ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I115Sch. 5 para. 5 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

6In section 519 (statement by auditor to be deposited with company), in subsection (4), for “The statement required by this section” substitute “ A statement under this section ”.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I116Sch. 5 para. 6 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

7(1)Section 520 (company's duties in relation to statement under section 519) is amended as follows.E+W+S

(2)In subsection (1), for the words from “the statement” to the end of the subsection substitute “a company receives from an auditor (“A”) who is ceasing to hold office a statement under section 519 except where—

(a)the company is a non-public interest company, and

(b)the statement includes a statement to the effect that A considers that none of the reasons for A's ceasing to hold office, and no matters (if any) connected with A's ceasing to hold office, need to be brought to the attention of members or creditors of the company (as required by section 519(3B)).

(3)In subsection (2), for “The” substitute “ Where this section applies, the ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I117Sch. 5 para. 7 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

8(1)Section 521 (copy of statement to be sent to registrar) is amended as follows.E+W+S

(2)Before subsection (1) insert—

(A1)This section applies where an auditor (“A”) of a company sends a statement to the company under section 519 except where—

(a)the company is a non-public interest company, and

(b)the statement includes a statement to the effect that A considers that none of the reasons for A's ceasing to hold office, and no matters (if any) connected with A's ceasing to hold office, need to be brought to the attention of members or creditors of the company (as required by section 519(3B)).

(3)In subsection (1), for “Unless” substitute “ Where this section applies, unless ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I118Sch. 5 para. 8 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

9(1)Section 522 (duty of auditor to notify appropriate audit authority) is amended as follows.E+W+S

(2)For subsections (1) to (4) substitute—

(1)Where an auditor of a company sends a statement under section 519, the auditor must at the same time send a copy of the statement to the appropriate audit authority.

(3)In the heading, for “notify” substitute “ send statement to ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I119Sch. 5 para. 9 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

10(1)Section 524 (information to be given to accounting authorities) is amended as follows.E+W+S

(2)For subsection (1) substitute—

(1)Where the appropriate audit authority receives a statement under section 522 or a notice under section 523, the authority may forward to the accounting authorities—

(a)a copy of the statement or notice, and

(b)any other information the authority has received from the auditor or the company concerned in connection with the auditor's ceasing to hold office.

(3)Omit subsection (3).

(4)In the heading, for “Information to be given” substitute “ Provision of information ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I120Sch. 5 para. 10 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

11(1)Section 525 (meaning of “appropriate audit authority” and “major audit”) is amended as follows.E+W+S

(2)In subsection (1)—

(a)in paragraph (a)—

(i)for the words before sub-paragraph (i) substitute “ in relation to an auditor of a public interest company (other than an Auditor General) ”;

(ii)in sub-paragraph (ii), after “receiving the” insert “ statement or ”;

(b)in paragraph (b), for the words from the beginning to “a major audit” substitute “ in relation to an auditor of a non-public interest company (other than an Auditor General) ”;

(c)in paragraph (c), for “in the case of an audit conducted by” substitute “ in relation to ”.

(3)Omit subsections (2) and (3).

(4)In the heading, omit “and “major audit””.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I121Sch. 5 para. 11 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

12(1)Schedule 8 to the Companies Act 2006 (index of defined expressions) is amended as follows.E+W+S

(2)Omit the entry for “major audit”.

(3)At the appropriate places insert—

exempt reasons, in relation to an auditor of a company ceasing to hold office (in Chapter 4 of Part 16)section 519A
non-public interest company (in Chapter 4 of Part 16)section 519A
public interest company (in Chapter 4 of Part 16)section 519A
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I122Sch. 5 para. 12 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

PART 2 E+W+SMiscellaneous

13Chapter 4 of Part 16 of the Companies Act 2006 is further amended as follows.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I123Sch. 5 para. 13 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

Failure to re-appoint auditor: special procedure requirementsE+W+S

14(1)Section 514 (failure to re-appoint auditor: special procedure required for written resolution) is amended as follows.E+W+S

(2)For subsections (1) and (2) substitute—

(1)This section applies where a resolution is proposed as a written resolution of a private company whose effect would be to appoint a person as auditor in place of a person (the “outgoing auditor”) who, at the time the resolution is proposed, is an auditor of the company and who is to cease to hold office at the end of a period for appointing auditors.

But this section does not apply if the auditor is to cease to hold office by virtue of section 510 or 516.

(2)This section also applies where a resolution is proposed as a written resolution of a private company whose effect would be to appoint a person as auditor where, at the time the resolution is proposed, the company does not have an auditor and the person proposed to be appointed is not a person (the “outgoing auditor”) who was an auditor of the company when the company last had an auditor.

But this is subject to subsection (2A).

(2A)This section does not apply (by virtue of subsection (2)) if—

(a)a period for appointing auditors has ended since the outgoing auditor ceased to hold office,

(b)the outgoing auditor ceased to hold office by virtue of section 510 or 516, or

(c)the outgoing auditor has previously had the opportunity to make representations with respect to a proposed resolution under subsection (4) of this section or an intended resolution under section 515(4).

(3)In subsection (3), for “The” substitute “ Where this section applies, the ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I124Sch. 5 para. 14 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

15(1)Section 515 (failure to re-appoint auditor: special notice required for resolution at general meeting) is amended as follows.E+W+S

(2)For subsections (1) and (2) substitute—

(1)Special notice is required for a resolution at a general meeting of a private company whose effect would be to appoint a person as auditor in place of a person (the “outgoing auditor”) who, at the time the notice is given, is an auditor of the company and who is to cease to hold office at the end of a period for appointing auditors.

But special notice is not required under this subsection if the auditor is to cease to hold office by virtue of section 510 or 516.

(1A)Special notice is required for a resolution at a general meeting of a public company whose effect would be to appoint a person as auditor in place of a person (the “outgoing auditor”) who, at the time the notice is given, is an auditor of the company and who is to cease to hold office at the end of an accounts meeting.

But special notice is not required under this subsection if the auditor is to cease to hold office by virtue of section 510 or 516.

(2)Special notice is required for a resolution at a general meeting of a company whose effect would be to appoint a person as auditor where, at the time the notice is given, the company does not have an auditor and the person proposed to be appointed is not a person (the “outgoing auditor”) who was an auditor of the company when the company last had an auditor.

But this is subject to subsection (2A).

(2A)Special notice is not required under subsection (2) if—

(a)a period for appointing auditors has ended or (as the case may be) an accounts meeting of the company has been held since the outgoing auditor ceased to hold office,

(b)the outgoing auditor ceased to hold office by virtue of section 510 or 516, or

(c)the outgoing auditor has previously had the opportunity to make representations with respect to an intended resolution under subsection (4) of this section or a proposed resolution under section 514(4).

(3)In subsection (3)—

(a)omit “such”;

(b)after “resolution” insert “ mentioned in subsection (1), (1A) or (2) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I125Sch. 5 para. 15 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

Replacement of references to documents being deposited at the company's registered officeE+W+S

16(1)Section 516 (resignation of auditor) is amended as follows.E+W+S

(2)In subsection (1), for the words from “depositing” to the end of the subsection substitute “ sending a notice to that effect to the company ”.

(3)In subsection (3), for “deposited” substitute “ received ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I126Sch. 5 para. 16 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

17(1)Section 518 (rights of resigning auditor) is amended as follows.E+W+S

(2)In subsection (2)—

(a)for “deposit” substitute “ send ”;

(b)for “a signed” substitute “ an authenticated ”.

(3)In subsection (5), for “of the deposit of” substitute “ on which the company receives ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I127Sch. 5 para. 17 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

18(1)Section 519 (statement by auditor to be deposited with company) is amended as follows.E+W+S

(2)In subsection (4), for “deposited” substitute “ sent ”.

(3)In the heading, for “deposited with” substitute “ sent to ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I128Sch. 5 para. 18 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

19In section 520(2) (company's duties in relation to statement), for “deposit” substitute “ receipt ”.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I129Sch. 5 para. 19 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

20In section 521(1) (copy of statement to be sent to registrar), for “deposited” substitute “ sent ”.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I130Sch. 5 para. 20 in force at 1.10.2015 by S.I. 2015/1732, art. 2(d) (with arts. 4, 6)

Section 19

SCHEDULE 6E+W+SInsolvency and company law

PART 1 E+W+SDeeds of arrangement

Repeal of Deeds of Arrangement Act 1914E+W+S

1(1)The Deeds of Arrangement Act 1914 is repealed.E+W+S

(2)In the Administration of Justice Act 1925, omit section 22 (which concerns registration of deeds of arrangement and is to be construed as one with the Act of 1914).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I131Sch. 6 para. 1 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(i)

2(1)The following amendments are made in consequence of paragraph 1.E+W+S

(2)In the Public Trustee Act 1906, in section 2(4), omit “, nor any trust under a deed of arrangement for the benefit of creditors”.

(3)In the Trustee Act 1925, omit section 41(2).

(4)In the Law of Property Act 1925, in section 43(1), omit “, deed of arrangement”.

(5)In the Law of Property (Amendment) Act 1926, in section 3(1)—

(a)omit “and property subject to a deed of arrangement”;

(b)omit “and the trustee under the deed respectively”.

(6)In the Administration of Justice Act 1965, in Schedule 1, omit the entry for the Deeds of Arrangement Act 1914.

(7)In the Land Charges Act 1972—

(a)omit section 1(1)(d) and (6A)(e);

(b)omit section 7;

(c)in section 17(1), omit the definition of “deed of arrangement”.

(8)In the Magistrates' Courts Act 1980, in Schedule 1, omit paragraph 16.

(9)In the Administration of Justice Act 1985—

(a)in section 16(1)(g), omit “or a deed of arrangement for the benefit of his creditors”;

(b)in section 17(2)(c), omit “or a deed of arrangement for the benefit of his creditors”.

(10)In the Insolvency Act 1985, in Schedule 8, omit paragraph 2.

(11)In the Insolvency Act 1986—

(a)omit section 260(3);

(b)in section 263(5), omit the words from “This is without prejudice” to the end of the subsection;

(c)omit section 263D(6);

(d)in section 372(1)—

(i)omit paragraph (c) and the “or” before it;

(ii)for “, the supervisor of the voluntary arrangement or the trustee under the deed of arrangement” substitute “ or the supervisor of the voluntary arrangement ”;

(e)in section 379, omit “, and about proceedings in the course of that year under the Deeds of Arrangement Act 1914”;

(f)in section 388(2)(b), omit “a deed of arrangement made for the benefit of his creditors or”;

(g)in Schedule 9, in paragraph 24(a), omit “and of jurisdiction under the Deeds of Arrangement Act 1914”;

(h)in Schedule 14, omit the entries for the Deeds of Arrangement Act 1914.

(12)In the Taxation of Chargeable Gains Act 1992, in section 66(5), in the definition of “deed of arrangement”, for the words from “the Deeds of Arrangement Act 1914” to the end of the definition insert “ an enactment forming part of the law of Scotland or Northern Ireland which corresponds to the Deeds of Arrangement Act 1914 applies ”.

(13)In the Value Added Tax Act 1994, in section 81(4B)(e), omit “the Deeds of Arrangement Act 1914 or”.

(14)In the Finance Act 2000—

(a)in Part 6 of Schedule 6, omit paragraph 75(2)(e)(i) and the “or” following it;

(b)in Part 10 of Schedule 6, omit paragraph 120(7)(f)(i) and the “or” following it.

(15)In the Finance Act 2001—

(a)omit section 37(7)(f)(i) and the “or” following it;

(b)in Schedule 8, omit paragraph 11(2)(e)(i) and the “or” following it.

(16)In the Land Registration Act 2002, in section 87—

(a)in subsection (1)(b), at the end insert “ and ”;

(b)omit subsection (1)(d) and the “and” before it;

(c)omit subsection (2)(b) and the “or” before it;

(d)omit subsection (5).

(17)In the Licensing Act 2003, in section 27(3)(c), omit “a deed of arrangement made for the benefit of his creditors or”.

(18)In the Pensions Act 2004, omit section 121(2)(c).

(19)In the Constitutional Reform Act 2005—

(a)in Schedule 4, omit paragraph 19;

(b)in Part 2 of Schedule 11, in paragraph 4(3), omit the entry for the Deeds of Arrangement Act 1914.

(20)In the Tribunals, Courts and Enforcement Act 2007, in Schedule 13, omit paragraph 21.

(21)In the Finance Act 2008, in section 131(8), in the definition of “deed of arrangement”, omit “the Deeds of Arrangement Act 1914 (c. 47) or”.

(22)In the Third Parties (Rights against Insurers) Act 2010, omit section 4(1)(a).

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Commencement Information

I132Sch. 6 para. 2 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(i)

3The repeals and other amendments made by paragraphs 1 and 2 are to have no effect in relation to a deed of arrangement registered under section 5 of the Deeds of Arrangement Act 1914 before the date on which paragraph 1 of this Schedule comes into force if, immediately before that date, the estate of the debtor who executed the deed of arrangement has not been finally wound up.E+W+S

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Commencement Information

I133Sch. 6 para. 3 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(i)

PART 2 E+W+SAdministration of companies

4Schedule B1 to the Insolvency Act 1986 (administration of companies) is amended in accordance with paragraphs 5 to 7.E+W+S

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Commencement Information

I134Sch. 6 para. 4 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(ii)

Appointment of administratorsE+W+S

5After paragraph 25 (circumstances in which an administrator of a company may not be appointed under paragraph 22) and before the italic cross-heading following paragraph 25 insert—E+W+S+N.I.

25A(1)Paragraph 25(a) does not prevent the appointment of an administrator of a company if the petition for the winding up of the company was presented after the person proposing to make the appointment filed the notice of intention to appoint with the court under paragraph 27.

(2)But sub-paragraph (1) does not apply if the petition was presented under a provision mentioned in paragraph 42(4).

6In paragraph 26 (notice by company, or directors of company, of intention to appoint administrator), in sub-paragraph (2) (requirement to give additional notice), for “proposes to make an appointment under paragraph 22” substitute “ gives notice of intention to appoint under sub-paragraph (1) ”.E+W+S+N.I.

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Commencement Information

I135Sch. 6 para. 6 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(ii)

Release of administrator where no distribution to unsecured creditors other than by virtue of section 176A(2)(a)E+W+S

7(1)Paragraph 98 (vacation of office of administrator: discharge from liability) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (2)(b) (when discharge takes effect in case of administrator appointed under paragraph 14 or 22), after “22” insert “ who has not made a statement under paragraph 52(1)(b) ”.

(3)In sub-paragraph (2), after paragraph (b) (but before the “or” following it) insert—

(ba)in the case of an administrator appointed under paragraph 14 or 22 who has made a statement under paragraph 52(1)(b), at a time decided by the relevant creditors,.

(4)In sub-paragraph (3)—

(a)for the words before paragraph (a) substitute “ For the purposes of sub-paragraph (2)(ba), the “relevant creditors” of a company are— ”;

(b)in paragraph (b), for “give or withhold approval” substitute “ decide on the time of discharge ”.

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Commencement Information

I136Sch. 6 para. 7 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(ii)

PART 3 E+W+SWinding up of companies

8Part 4 of the Insolvency Act 1986 (winding up of companies registered under the Companies Acts) is amended in accordance with paragraphs 9 and 10.E+W+S

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Commencement Information

I137Sch. 6 para. 8 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(iii)

Removal of power of court to order payment into Bank of England of money due to companyE+W+S

9Omit section 151 (payment into bank of money due to company).E+W+S

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Commencement Information

I138Sch. 6 para. 9 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(iii)

Release of liquidator where winding-up order rescindedE+W+S

10In section 174 (release of liquidator of company being wound up by the court), after subsection (4) insert—E+W+S

(4A)Where a winding-up order made by the court in England and Wales is rescinded, the person (whether the official receiver or another person) who is the liquidator of the company at the time the order is rescinded has his release with effect from such time as the court may determine.

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Commencement Information

I139Sch. 6 para. 10 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(iii)

PART 4 E+W+SDisqualification of unfit directors of insolvent companies

Application for making of disqualification order: power to require informationE+W+S

11(1)In section 7 of the Company Directors Disqualification Act 1986 (disqualification order or undertaking; and reporting provisions), subsection (4) (power of Secretary of State or official receiver to require information) is amended as follows.E+W+S

(2)In the words before paragraph (a), for the words from “the liquidator” to “or administrative receiver of a company” (in the second place they occur) substitute “ any person ”.

(3)In paragraph (a), for the words from “any person's conduct” to the end of the paragraph substitute “ that person's or another person's conduct as a director of a company which has at any time become insolvent (whether while the person was a director or subsequently), and ”.

(4)In paragraph (b), for the words from “relevant to” to the end of the paragraph substitute “ as are considered by the Secretary of State or (as the case may be) the official receiver to be relevant to that person's or another person's conduct as such a director ”.

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Commencement Information

I140Sch. 6 para. 11 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(iv) (with art. 5)

PART 5 E+W+SBankruptcy

12Part 9 of the Insolvency Act 1986 (bankruptcy) is amended in accordance with paragraphs 13 to 16.E+W+S

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Commencement Information

I141Sch. 6 para. 12 in force at 1.10.2015 for specified purposes by S.I. 2015/1732, art. 2(e)(v)

I142Sch. 6 para. 12 in force at 9.3.2017 in so far as not already in force by S.I. 2017/331, art. 2(a)

Appointment of insolvency practitioner as interim receiverE+W+S

13(1)In section 286(1) (power of court to appoint interim receiver if necessary for protection of debtor's property), after “official receiver” insert “ or an insolvency practitioner ”.E+W+S

(2)If sub-paragraph (1) comes into force before the coming into force of the repeal of subsection (2) of section 286 by paragraph 17(2) of Schedule 19 to the Enterprise and Regulatory Reform Act 2013, that subsection is to have effect (until the repeal comes into force) as if for “, instead of the official receiver,” there were substituted “ , another insolvency practitioner or the official receiver ”.

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Commencement Information

I143Sch. 6 para. 13(1) in force at 6.4.2017 by S.I. 2016/1016, art. 2(b)

14(1)Section 370 (power to appoint special manager) is amended as follows.E+W+S

(2)In subsection (1)(c) (power of court to appoint person to be special manager of property or business of debtor in whose case an interim receiver has been appointed under section 286), for “the official receiver has been appointed interim receiver” substitute “ an interim receiver has been appointed ”.

(3)In subsection (2) (who may apply for the appointment of a special manager), for “official receiver” (in both places where it occurs) substitute “ interim receiver ”.

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Commencement Information

I144Sch. 6 para. 14 in force at 6.4.2017 by S.I. 2016/1016, art. 2(b)

Statement of affairsE+W+S

15(1)Section 288 (statement of affairs) is amended as follows.E+W+S

(2)In subsection (1) (duty of bankrupt to submit statement of affairs), for the words from “the bankrupt shall submit” to the end of the subsection substitute “ the official receiver may at any time before the discharge of the bankrupt require the bankrupt to submit to the official receiver a statement of affairs. ”

(3)After subsection (2) insert—

(2A)Where a bankrupt is required under subsection (1) to submit a statement of affairs to the official receiver, the bankrupt shall do so (subject to subsection (3)) before the end of the period of 21 days beginning with the day after that on which the prescribed notice of the requirement is given to the bankrupt by the official receiver.

(4)In subsection (3)(a) (power of official receiver to release bankrupt from duty under subsection (1)), for “the bankrupt from his duty” substitute “ a bankrupt from an obligation imposed on the bankrupt ”.

(5)For subsection (3)(b) (power of official receiver to extend period for submitting statement of affairs) substitute—

(b)either when giving the notice mentioned in subsection (2A) or subsequently, extend the period mentioned in that subsection,.

(6)In subsection (4)(a) (offence of failing to comply with obligation to submit statement of affairs), for “the obligation imposed by” substitute “ an obligation imposed under ”.

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Commencement Information

I145Sch. 6 para. 15 in force at 6.4.2017 by S.I. 2016/1016, art. 2(b) (with art. 3)

After-acquired property of bankruptE+W+S

16(1)Section 307 (power of trustee in bankruptcy to claim, for the bankrupt's estate, property which has been acquired by, or has devolved upon, the bankrupt after commencement of the bankruptcy) is amended as follows.E+W+S

(2)In subsection (3) (property to vest in trustee on service of notice on bankrupt), for “Subject to the next subsection” substitute “ Subject to subsections (4) and (4A) ”.

(3)In subsection (4) (trustee not entitled to remedy against certain persons and certain bankers)—

(a)in the words before paragraph (a), after “service” insert “ on the bankrupt ”;

(b)omit paragraph (b) (which makes provision about bankers) and the “or” at the end of paragraph (a);

(c)in the words after paragraph (b)—

(i)omit “or transaction”;

(ii)omit “or banker” (in both places where they occur).

(4)After subsection (4) insert—

(4A)Where a banker enters into a transaction before service on the banker of a notice under this section (and whether before or after service on the bankrupt of a notice under this section) the trustee is not in respect of that transaction entitled by virtue of this section to any remedy against the banker.

This subsection applies whether or not the banker has notice of the bankruptcy.

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Commencement Information

I146Sch. 6 para. 16 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(v)

PART 6 E+W+S+N.I.Authorisation of insolvency practitioners

17Part 13 of the Insolvency Act 1986 (insolvency practitioners and their qualification) is amended in accordance with paragraphs 18, 19 and 21.E+W+S

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Commencement Information

I147Sch. 6 para. 17 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(vi)

Repeal of provision for authorisation of nominees and supervisors in relation to voluntary arrangementsE+W+S

18Omit section 389(1A) (acting without qualification not an offence if authorised under section 389A).E+W+S

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Commencement Information

I148Sch. 6 para. 18 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(vi)

19Omit section 389A (authorisation of nominees and supervisors).E+W+S

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Commencement Information

I149Sch. 6 para. 19 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(vi)

20(1)The following repeals are made in consequence of paragraphs 18 and 19.E+W+S

(2)In the Insolvency Act 1986—

(a)in section 1(2), omit “or authorised to act as nominee,”;

(b)in section 2(4), omit “, or authorised to act as nominee,”;

(c)in section 4(2), omit “or authorised to act as nominee,”;

(d)in section 7(5), omit “or authorised to act as supervisor,”;

(e)in Schedule A1—

(i)in paragraph 28(1), omit “, or authorised to act as nominee,”;

(ii)in paragraph 31(2), omit “, or authorised to act as nominee,”;

(iii)in paragraph 33(1), omit “, or authorised to act as nominee,”;

(iv)in paragraph 39(6), omit “, or authorised to act as supervisor,”.

(3)In the Insolvency Act 2000, omit section 4(3) and (4).

(4)In Schedule 6 to the Mental Capacity Act 2005, omit paragraph 31(2).

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Commencement Information

I150Sch. 6 para. 20 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(vi)

Repeal of provision for authorisation of insolvency practitioners to be granted by competent authorityE+W+S

21Omit sections 392 to 398 and Schedule 7 (procedure for authorisation by competent authority, including provision for reference to Insolvency Practitioners Tribunal).E+W+S

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Commencement Information

I151Sch. 6 para. 21 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(vi)

22(1)The following repeals are made in consequence of paragraph 21.E+W+S

(2)In the Parliamentary Commissioner Act 1967, in Schedule 4, omit the entry for the Insolvency Practitioners Tribunal.

(3)In the Northern Ireland Assembly Disqualification Act 1975, in Part 3 of Schedule 1, omit the entry for any member of the Insolvency Practitioners Tribunal in receipt of remuneration.

(4)In the Companies Act 1985, in Schedule 15D, omit paragraph 37.

(5)In the Insolvency Act 1986—

(a)omit section 415A(2);

(b)in Schedule 10, omit the entry for paragraph 4(3) of Schedule 7.

(6)In the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), omit Article 349(2)(c) and the “or” before it.

(7)In the Courts and Legal Services Act 1990, in Schedule 10, omit paragraph 67.

(8)In the Tribunals and Inquiries Act 1992—

(a)in Part 1 of Schedule 1, omit the entry for insolvency practitioners;

(b)in Schedule 3, omit paragraph 19.

(9)In the Railways Act 1993, omit section 145(2)(b)(ix) (but not the “or” following it).

(10)In the Greater London Authority Act 1999, omit section 235(2)(c)(ix) (but not the “or” following it).

(11)In the Utilities Act 2000, omit section 105(5)(j).

(12)In the Transport Act 2000, in Schedule 9, omit paragraph 3(2)(l).

(13)In the Enterprise Act 2002, omit section 270(3).

(14)In the Constitutional Reform Act 2005, in Part 3 of Schedule 14, omit the entry for a member of the Insolvency Practitioners Tribunal panel.

(15)In the Companies Act 2006—

(a)in Schedule 2, in Part 2, in Section (A) (United Kingdom), omit paragraph 18;

(b)in Schedule 11A, omit paragraph 64.

(16)In the Tribunals, Courts and Enforcement Act 2007—

(a)in Part 4 of Schedule 6, omit the entry for the Insolvency Practitioners Tribunal;

(b)in Schedule 10, omit paragraph 19.

(17)In the Civil Aviation Act 2012, in Schedule 6, in paragraph 4(2), omit the entry for the Insolvency Practitioners Tribunal.

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Commencement Information

I152Sch. 6 para. 22 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(vi) (with art. 7)

23(1)For the purposes of this paragraph—E+W+S

  • the “commencement date” is [F11 October 2015 (the date on which paragraph 21 of this Schedule came into force)];

  • the “transitional period” is the period of 1 year beginning with the commencement date.

(2)Where, immediately before the commencement date, a person holds an authorisation granted under section 393 of the Insolvency Act 1986, section 393(3A) to (6) of that Act together with, for the purposes of this sub-paragraph, paragraphs (a) and (b) of section 393(2) of that Act (which are repealed by paragraph 21) continue to have effect in relation to the person and the authorisation during the transitional period.

(3)During the transitional period, a person to whom sub-paragraph (2) applies is to be treated for the purposes of Part 13 of the Insolvency Act 1986 as fully authorised under section 390A of that Act (as inserted by section 17(3) of this Act) to act as an insolvency practitioner unless and until the person's authorisation is (by virtue of sub-paragraph (2)) withdrawn.

(4)Where, immediately before the commencement date, a person has applied under section 392 of the Insolvency Act 1986 for authorisation to act as an insolvency practitioner and the application has not been granted, refused or withdrawn, sections 392(4) to (7) and 393(1) and (2) of that Act (which are repealed by paragraph 21) continue to have effect in relation to the person and the application during the transitional period.

(5)Where, during the transitional period, an authorisation is (by virtue of sub-paragraph (4)) granted under section 393 of the Insolvency Act 1986, sub-paragraphs (2) and (3) above apply as if—

(a)the authorisation had been granted immediately before the commencement date;

(b)in sub-paragraph (2), the reference to section 393(3A) to (6) were a reference to section 393(4) to (6).

(6)For the purposes of sub-paragraphs (2) and (4), sections 394 to 398 of, and Schedule 7 to, the Insolvency Act 1986 (which are repealed by paragraph 21) continue to have effect during the transitional period.

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Amendments (Textual)

Commencement Information

I153Sch. 6 para. 23 in force at 1.10.2015 by S.I. 2015/1732, art. 2(e)(vi)

PART 7 E+W+SLiabilities of administrators and administrative receivers of companies and preferential debts of companies and individuals

Treatment of liabilities relating to contracts of employmentE+W+S

24The Insolvency Act 1986 is amended in accordance with paragraphs 25 to 28.E+W+S

25In section 19 (vacation of office by administrator), as continued in force by virtue of section 249(1) of the Enterprise Act 2002 (special administration regimes), omit subsection (10) (what “wages or salary” includes for the purposes of subsection (9)(a)).E+W+S

26In section 44 (receivership: agency and liability for contracts), omit subsection (2D) (what “wages or salary” includes for the purposes of subsection (2C)(a)).E+W+S

27In Schedule B1 (administration of companies), in paragraph 99 (vacation of office by administrator: charges and liabilities), omit sub-paragraph (6)(d) (what “wages or salary” includes for the purposes of sub-paragraph (5)(c)) but not the “and” following it.E+W+S

28In Schedule 6 (categories of preferential debt), in paragraph 15 (what “wages or salary” includes for the purposes of determining what is a category 5 preferential debt), omit paragraph (b) and the “and” before it.E+W+S

PART 8 E+W+SRequirements of company law: proxies

Proxies at a poll taken 48 hours or less after it was demandedE+W+S

29In section 327(2) of the Companies Act 2006 (which regulates the period of notice required for the appointment of a proxy), omit paragraph (c).E+W+S

30In section 330(6) of that Act (which regulates the period of notice required for the termination of a proxy's authority), omit paragraph (c).E+W+S

Prospective

Section 26

SCHEDULE 7E+W+SAscertainment of rights of way

PART 1 E+W+SWildlife and Countryside Act 1981

1The Wildlife and Countryside Act 1981 is amended as follows.E+W+S

2In section 53 (duty to keep definitive map and statement under continuous review) —E+W+S

(a)in subsection (3)(c)(i), omit “or is reasonably alleged to subsist”;

(b)after subsection (3)(c)(i) insert—

(ia)in the case of an authority in Wales, that a right of way which is not shown in the map and statement is reasonably alleged to subsist over land in the area to which the map relates, being such a right of way as is mentioned in sub-paragraph (i);.

3After that section insert—E+W+S

53ZAModifications arising from administrative errors

(1)The Secretary of State may by regulations provide for Schedules 13A and 14A to apply with prescribed modifications in relation to the making of orders under section 53(2) in cases where it appears to a surveying authority in England (whether or not on an application under section 53(5)) that—

(a)it is requisite to make a modification of a definitive map and statement in consequence of an event mentioned in section 53(3)(c);

(b)the need for the modification has arisen because of an administrative error; and

(c)both the error and the modification needed to correct it are obvious.

(2)The Secretary of State may by regulations provide for Schedule 14A to apply with prescribed modifications in cases where an order under section 53(2) is made in accordance with regulations under subsection (1).

(3)Regulations 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.

(4)At any time when regulations under subsection (1) are in force, a surveying authority shall, in deciding whether paragraphs (a) to (c) of that subsection apply in a particular case (and, accordingly, whether the provision made by the regulations applies in relation to the making of an order under section 53(2) in that case), have regard to any guidance given by the Secretary of State.

(5)In this section, “prescribed” means prescribed by regulations.

4In section 53B (register of applications under section 53), after subsection (4) insert—E+W+S

(4A)Regulations may provide that subsection (1) does not apply, with respect to applications under section 53(5) made to an authority in England, or to any prescribed description of such applications, unless the authority serve notice under paragraph 2(4)(b) of Schedule 13A in relation to such an application.

(4B)The making of regulations under subsection (4A) does not prevent an authority including in the register any information that they would be required to include in it had the regulations not been made.

5After section 54A insert—E+W+S

54BModifications of definitive map and statement by consent: England

(1)This section applies where it appears to a surveying authority in England (whether or not on an application under section 53(5)) that —

(a)it might be requisite to make a modification to a definitive map and statement in consequence of the occurrence of one or more events falling within section 53(3)(b) or (c)(i) or (ii);

(b)the basis for the authority's view that it might be requisite is documentary evidence of the existence of a right of way before 1949; and

(c)in a case where the authority form that view following an application, the authority have served notice under paragraph 2(4)(b) of Schedule 13A that they are considering the application.

(2)The authority shall ascertain whether every owner of the land to which the modification relates consents to the making of an order under section 53(2) or would so consent if the authority made one or more of the following orders (“special orders”)—

(a)a diversion order;

(b)an order altering the width of the path or way;

(c)an order imposing a new limitation or condition affecting the right of way.

(3)A diversion order is an order which, for the purpose of diverting the line of the path or way or part of it—

(a)creates any such new path or way (of the same kind) as appears to the authority appropriate; and

(b)extinguishes any public right of way over so much of the path or way as appears to the authority to be appropriate.

(4)If every owner consents to the making of an order under section 53(2) (without the making of a special order), the authority—

(a)may make the order under section 53(2); and

(b)if they do so, shall include in the order a statement that it is made with the consent of every owner.

(5)If an owner would consent to the making of an order under section 53(2) only if one or more special orders are made, and the other owners (if any) do not object to the making of such an order or orders, the authority may make the special order or orders in question and, if they do so, shall—

(a)make an order under section 53(2);

(b)include in that order a statement that it is made with the consent of every owner; and

(c)combine any special orders and the order under section 53(2) in a single document.

(6)Before making a diversion order, the authority must—

(a)be satisfied that the path or way will not be substantially less convenient to the public in consequence of the diversion; and

(b)have regard to any guidance given by the Secretary of State.

(7)As soon as reasonably practicable after an authority are satisfied that they have power under subsection (4) or (5) to make an order under section 53(2), the authority must—

(a)give notice to each owner that they are satisfied that they have that power; and

(b)include in the notice an explanation of the effect of subsection (9) of this section.

(8)An order under section 53(2) which includes a statement that it is made with the consent of every owner is referred to in this Act as a modification consent order.

(9)An authority must determine whether to make a modification consent order before the end of the period of 12 months beginning with—

(a)in the case mentioned in subsection (1)(c), the day on which the authority served notice under paragraph 2(4)(b) of Schedule 13A in respect of the application;

(b)in any other case, the day on which notice is given under subsection (7).

(10)The Secretary of State may by order provide that, in cases or circumstances specified in the order, subsection (9) applies as if for the period of 12 months mentioned in that subsection there were substituted a longer period specified in the order.

(11)An order under subsection (10) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

54CModifications of definitive map and statement by consent: supplemental

(1)An authority may not make a diversion order under section 54B(5) so as to alter a point of termination of a path or way—

(a)if that point is not on a highway; or

(b)(where it is on a highway) otherwise than to another point which is on the same highway, or a highway connected with it, and which is substantially as convenient to the public.

(2)An authority may not make such an order so as to alter the line of a path or way such that it falls on land owned by a person whose consent was not sought under section 54B(2), unless that other person consents to the alteration.

(3)Where a modification consent order takes effect, any path or way, or any part of a path or way, which is shown in a definitive map and statement in consequence of the order or any special order combined with it under section 54B(5) is maintainable at the public expense (including so much of a path or way as has been created by the making of a special order altering the width of an existing path or way).

(4)Where it appears to an authority—

(a)that if a modification consent order were to take effect, a path or way, or part of a path or way, would be maintainable at the public expense by virtue of subsection (3); and

(b)that work is required to be done to bring the path or way, or the part, into a fit condition for use by the public,

the authority may not confirm the order under Schedule 14A until they are satisfied that the work has been carried out.

PART 2 E+W+SNew Schedule 13A to the 1981 Act

6After Schedule 13 to the Wildlife and Countryside Act 1981 insert—E+W+S

SCHEDULE 13AE+W+SApplications for certain orders under Part 3: England

Form of applicationsE+W+S

1(1)An application must be made in the prescribed form and be accompanied by—

(a)a map drawn to the prescribed scale and showing the way or ways to which the application relates; and

(b)copies of any documentary evidence (including statements of witnesses) which the applicant wishes to adduce in support of the application, unless the authority have informed the applicant that the authority already have access to the evidence in question.

(2)Regulations under sub-paragraph (1) must provide for an application to include an explanation as to why the applicant believes that a definitive map and statement should be modified in consequence of the occurrence of one or more events falling within section 53(3)(b) or (c).

Preliminary assessment and notice of applicationsE+W+S

2(1)An authority must, before the end of the period of 3 months beginning with the day on which they receive an application, decide whether the application, and any documentary evidence which the applicant relies on in support of it, show that there is a reasonable basis for the applicant's belief that a definitive map and statement should be modified in consequence of the occurrence of one or more events falling within section 53(3)(b) or (c).

(2)In deciding whether there is such a basis, the authority must have regard to any guidance given by the Secretary of State.

(3)If they decide that there is no such basis, they must, before the end of that period of 3 months, inform the applicant of their decision and the reasons for it.

(4)If they decide that there is such a basis, they must, before the end of that period—

(a)inform the applicant; and

(b)serve a notice on every owner and occupier of any land to which the application relates stating that an application has been made and the authority are considering it.

(5)If, after reasonable inquiry has been made, the authority are satisfied that it is not practicable to ascertain the name or address of an owner or occupier of any land to which the application relates, the authority may direct that the notice required to be served on the person by sub-paragraph (4) may be served by addressing it to the person by the description “owner” or “occupier” of the land (describing it) and by affixing it to some conspicuous object or objects on the land.

Failure by authority to conduct preliminary assessmentE+W+S

3(1)If an authority have not assessed an application in accordance with paragraph 2 before the end of the period of 3 months beginning with the day on which they received the application, the applicant may give notice to the authority in the prescribed form of an intention to apply to a magistrates' court for an order under this paragraph.

(2)The applicant may apply to a magistrates' court for an order under this paragraph at any time—

(a)after the end of the period of 1 month beginning with the day on which notice was given; and

(b)before the end of the period of 6 months beginning with that day.

(3)On hearing an application under this paragraph, a magistrates' court may order the authority to take specified steps for the purposes of discharging the authority's duty under paragraph 2 and to do so within such reasonable period as may be specified.

(4)An order under sub-paragraph (3) may provide for paragraph 5 to apply in relation to the application made to the authority as if for the period of 12 months beginning with the day on which the authority received the application there were substituted a longer period.

(5)The authority or the applicant may appeal to the Crown Court against a decision of a magistrates' court under this paragraph.

(6)An order under this paragraph does not take effect—

(a)until the end of the period of 21 days beginning with the day after the day on which the order was made, or

(b)if an appeal is brought in respect of the order within that period (whether by way of appeal to the Crown Court or by way of case stated for the opinion of the High Court), until the final determination or withdrawal of the appeal.

Determination by authorityE+W+S

4(1)As soon as reasonably practicable after serving a notice under paragraph 2(4)(b), the authority must—

(a)investigate the matters stated in the application; and

(b)after consulting with every local authority whose area includes the land to which the application relates, decide whether to make or not to make the order to which the application relates.

(2)The duty in sub-paragraph (1) does not apply in a case to which section 54B (modifications by consent) applies (see section 54B(1)).

(3)But if, in such a case, an event mentioned below occurs, the authority must take the steps mentioned in sub-paragraph (1)(a) and (b) as soon as reasonably practicable after the occurrence of that event.

The events are—

(a)that the authority ascertain that an owner does not consent to the making of an order under section 53(2) (whether with or without the making of a special order mentioned in section 54B(2)(a) to (c));

(b)that the authority decide for any other reason not to make a modification consent order;

(c)that the period of 12 months beginning with the date on which notice was served under paragraph 2(4)(b) expires without the authority having determined whether to make such an order;

(d)that the authority make such an order but decide not to confirm it.

(4)As soon as practicable after determining an application, the authority must give notice of their decision by serving a copy of it on the applicant and any person on whom notice of the application was required to be served under paragraph 2(4)(b).

Failure by authority to determine applicationE+W+S

5(1)If an authority have not discharged their duty under paragraph 4 within the period of 12 months beginning with the day on which they received the application, the applicant or any owner or occupier of any land to which the application relates may give notice to the authority in the prescribed form of an intention to apply to a magistrates' court for an order under sub-paragraph (4).

(2)A person who has given notice under sub-paragraph (1) may apply to a magistrates' court for an order under sub-paragraph (4) at any time—

(a)after the end of the period of 1 month beginning with the day on which notice was given; and

(b)before the end of the period of 12 months beginning with that day.

(3)On the hearing of an application under sub-paragraph (2) the other persons by whom a notice under sub-paragraph (1) could have been given have a right to be heard.

(4)On hearing an application under sub-paragraph (2), a magistrates' court may order the authority to take specified steps for the purposes of discharging their duty under paragraph 4 and to do so within such reasonable period as may be specified.

(5)The authority may make one application to a magistrates' court for an order extending by up to 12 months the period specified in the order under sub-paragraph (4).

(6)On the hearing of an application under sub-paragraph (5) in relation to an order under sub-paragraph (4), the person who applied for that order and the other persons by whom a notice under sub-paragraph (1) could have been given have a right to be heard.

(7)A decision of a magistrates' court under this paragraph may be appealed to the Crown Court by—

(a)the authority;

(b)the applicant for an order under sub-paragraph (4);

(c)any other person by whom a notice under sub-paragraph (1) could have been given.

(8)An order under this paragraph does not take effect—

(a)until the end of the period of 21 days beginning with the day after the day on which the order was made; or

(b)if an appeal is brought in respect of the order within that period (whether by way of appeal to the Crown Court or by way of case stated for the opinion of the High Court), until the final determination or withdrawal of the appeal.

Failure by authority to determine application: further provision about noticesE+W+S

6(1)An applicant for an order under sub-paragraph (4) of paragraph 5 must give notice to the court of the names and addresses of any other person by whom a notice under sub-paragraph (1) of that paragraph could have been given.

(2)If it is not reasonably practicable for an applicant to ascertain such a name and address, the applicant is be taken to have complied with sub-paragraph (1) if the applicant gives notice to the court that that is the case.

(3)Notice of the hearing, of the right to be heard and of the right to appeal against a decision on an application under paragraph 5(2) must be given by the court to each person whose name and address is notified to the court under sub-paragraph (1).

(4)Notice of the hearing, of the right to be heard and of the right to appeal against a decision on an application under paragraph 5(5) must be given by the court to—

(a)the person who applied for the order under paragraph 5(4) to which the application relates; and

(b)each person whose name and address was notified to the court under sub-paragraph (1) by the person mentioned in paragraph (a).

(5)Where the court is given notice under sub-paragraph (2), notice of the hearing, of the right to be heard and of the right to appeal against a decision on an application under paragraph 5(2) or (5) must also be given by the court by affixing it to some conspicuous object or objects on the land to which the application relates.

Procedure where authority decide not to make order: generalE+W+S

7(1)Where an authority decide under paragraph 4 not to make an order, the applicant may, at any time within 28 days after service of notice of the decision, give notice to the authority in the prescribed form of the applicant's wish to appeal against the decision to the Secretary of State and of the grounds on which the applicant wishes to do so.

(2)If the applicant gives such notice and does not withdraw it—

(a)the authority must submit the matter to the Secretary of State; and

(b)the Secretary of State must deal with the matter as an appeal against the decision of the authority.

(3)The authority may, but need not, act as mentioned in sub-paragraph (2) if the authority are of the opinion that nothing in the grounds of appeal relates to an issue which, if the matter were submitted to the Secretary of State, would be relevant to the Secretary of State's decision on the appeal.

(4)In deciding whether to exercise their power under sub-paragraph (3) not to submit the matter, the authority must have regard to any guidance given by the Secretary of State.

(5)Where the authority decide not to submit the matter, the authority must inform the applicant of their decision and the reasons for it.

(6)Where the matter is submitted to the Secretary of State, the authority must give notice in the prescribed form—

(a)setting out the authority's decision;

(b)stating that the matter has been submitted to the Secretary of State;

(c)naming a place in the area in which the land to which the decision relates is situated where a copy of the decision may be inspected free of charge, and copies of it may be obtained at a reasonable charge, at all reasonable hours; and

(d)specifying the time (not being less than 42 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the decision, which must include particulars of the grounds relied on, may be made to the Secretary of State.

(7)Subject to sub-paragraph (9), the notice to be given under sub-paragraph (6) must be given—

(a)by publication on a website maintained by the authority and on such other websites or through the use of such other digital communications media as the authority may consider appropriate;

(b)by serving a like notice on—

(i)every owner and occupier of any of the land to which the decision relates;

(ii)every local authority whose area includes any of that land;

(iii)every person on whom notice is required to be served in pursuance of sub-paragraph (8); and

(iv)such other persons as may be prescribed in relation to the area in which that land is situated or as the authority may consider appropriate; and

(c)by causing a copy of the notice to be displayed in a prominent position—

(i)at the ends of so much of any way as is affected by the decision;

(ii)at council offices in the locality of the land to which the decision relates; and

(iii)at such other places as the authority may consider appropriate.

(8)Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give the person notice of all such decisions under paragraph 4 not to make an order as—

(a)are made by the authority during a period specified in the requirement;

(b)are of a description so specified; and

(c)relate to land comprised in an area so specified.

(9)The Secretary of State may, in any particular case, direct that it is not necessary to comply with sub-paragraph (7)(b)(i); but if such a direction is given in the case of any land, then in addition to publication the notice must be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice must be affixed to some conspicuous object or objects on the land.

(10)Sub-paragraph (7)(b) and (c) and, where applicable, sub-paragraph (9) must be complied with not less than 42 days before the expiration of the time specified in the notice.

(11)A notice required to be served by sub-paragraph (7)(b) on the owner or occupier of any land, or on a local authority, must be accompanied by a copy of so much of the decision as relates to that land or, as the case may be, the area of that authority; and a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate must be accompanied by a copy of the decision.

(12)A notice required to be displayed by sub-paragraph (7)(c) at the ends of so much of any way as is affected by the decision must be accompanied by a plan showing the general effect of the decision so far as it relates to that way.

(13)At any time after the publication of a notice under this paragraph, and before the expiration of the period specified in the notice for the making of representations and objections, any person may require the authority to inform the person what documents (if any) were taken into account in making the decision and—

(a)as respects any such documents in the possession of the authority, to permit him to inspect them and take copies; and

(b)as respects any such documents not in their possession, to give him any information the authority have as to where the documents can be inspected;

and the authority must comply with a requirement under this sub-paragraph within 14 days of the making of the requirement.

(14)Nothing in sub-paragraph (6)(d) or (13) is to be construed as limiting the grounds which may be relied on or the documentary or other evidence which may be adduced at any local inquiry or hearing held under paragraph 8(1)(a) or (c) or included in representations made under paragraph 8(1)(b).

8(1)Where a matter is submitted to the Secretary of State under paragraph 7(2), the Secretary of State must either—

(a)cause a local inquiry to be held;

(b)afford the applicant, and any person by whom a representation or objection has been duly made and not withdrawn, an opportunity to make representations (or further representations) to a person appointed by the Secretary of State for that purpose; or

(c)afford the applicant, and any person by whom a representation or objection has been duly made and not withdrawn, an opportunity to be heard by a person appointed by the Secretary of State for that purpose.

(2)The Secretary of State may, but need not, act as mentioned in sub-paragraph (1) if, in the opinion of the Secretary of State, nothing in the grounds of appeal, and no representation or objection which has been duly made and not withdrawn, relates to an issue which would be relevant to the Secretary of State's decision on the appeal.

(3)On considering the grounds of appeal, any representations or objections duly made (and not withdrawn) and the report of any person appointed to hold an inquiry or appointed as mentioned in sub-paragraph (1)(b) or (c), the Secretary of State may—

(a)uphold the authority's decision;

(b)direct the authority to make an order in accordance with the direction;

(c)make an order.

(4)Sub-paragraph (5) applies if—

(a)the Secretary of State proposes to direct an authority to make an order or proposes to make an order; and

(b)an order made in accordance with the proposed direction or (as the case may be) the order that the Secretary of State is proposing to make would differ in a material respect from the order sought by the applicant in the application.

(5)The Secretary of State must give such notice as appears to him or her to be requisite of the proposal, specifying the time (which must not be less than 28 days from the date of first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal, which must include particulars of the grounds relied on, may be made.

(6)If any representation or objection duly made under sub-paragraph (5) is not withdrawn, the Secretary of State must either—

(a)cause a local inquiry to be held;

(b)afford any person by whom a representation or objection has been duly made and not withdrawn, an opportunity to make representations (or further representations) to a person appointed by the Secretary of State for that purpose; or

(c)afford any person by whom a representation or objection has been duly made and not withdrawn, an opportunity to be heard by a person appointed by the Secretary of State for that purpose.

(7)The Secretary of State must consider the report of any person appointed to hold an inquiry or appointed as mentioned in sub-paragraph (6)(b) or (c).

(8)The Secretary of State may, but need not, act as mentioned in sub-paragraph (6) if, in his or her opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant to the Secretary of State's decision on the appeal.

(9)For the purposes of sub-paragraph (4)(b), an order made in accordance with the proposed direction, or (as the case may be) the order that the Secretary of State is proposing to make, would differ in a material respect from the order sought by the applicant in the application if—

(a)it would affect land not affected by the order sought by the applicant;

(b)it would not show any way shown in the order sought by the applicant;

(c)it would show any way not so shown; or

(d)it would show as a highway of a particular description a way which is shown in the order sought by the applicant as a highway of another description.

(10)Nothing in sub-paragraph (5) is be construed as limiting the grounds which may be relied upon or the documentary or other evidence which may be adduced at any local inquiry or hearing held under sub-paragraph (6)(a) or (c) or included in representations made under sub-paragraph (6)(b).

Procedure where authority decide not to make an order: supplementalE+W+S

9(1)A decision of the Secretary of State under paragraph 8 must, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed is to be treated as a decision of the Secretary of State.

(2)The Secretary of State may, if the Secretary of State thinks fit, direct that a decision which, by virtue of sub-paragraph (1) and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State is instead to be made by the Secretary of State; and a direction under this sub-paragraph must state the reasons for which it is given and must be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

(3)Where the Secretary of State has appointed a person to make a decision under paragraph 8 the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

(4)Where by virtue of sub-paragraph (2) or (3) a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter is to be treated as having been done by or in relation to the former.

(5)Regulations under this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

10(1)Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) apply in relation to any hearing or local inquiry held under paragraph 8 as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.

(2)In its application to a hearing or inquiry held under paragraph 8 by a person appointed under paragraph 9, subsection (5) of that section is to have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State.

(3)Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under paragraph 8 as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.

11Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give the person notice of all such orders as—

(a)are made by the authority in accordance with a direction under paragraph 8(3)(b) or by the Secretary of State under paragraph 8(3)(c) during a period specified in the requirement;

(b)are of a description so specified; and

(c)relate to land in an area so specified.

Transfer of applicationsE+W+S

12(1)Where an application is made to an authority, the applicant may at any time before the application is determined give notice in the prescribed form to the authority that another person named in the notice is to carry on the application.

(2)Where such a notice is given, the other person is (in relation to any time after it is given) to be treated as the applicant for the purposes of this Act.

InterpretationE+W+S

13(1)In this Schedule—

  • application” means an application under section 53(5);

  • local authority” means a non-metropolitan district council, a parish council or the parish meeting of a parish not having a separate parish council;

  • prescribed” means prescribed by regulations made by the Secretary of State.

(2)Regulations under this Schedule are to be made by statutory instrument and are subject to annulment in pursuance of a resolution of either House of Parliament.

PART 3 E+W+SNew Schedule 14A to the 1981 Act

7After Schedule 14 to the Wildlife and Countryside Act 1981 insert the following Schedule—E+W+S

SCHEDULE 14AE+W+SProcedure in connection with certain orders under part 3: England

PART 1 E+W+SOrders made in accordance with paragraph 8 of Schedule 13A

1(1)Where an order is made by an authority in accordance with a direction given under paragraph 8(3)(b) of Schedule 13A, or by the Secretary of State under paragraph 8(3)(c) of that Schedule, the Secretary of State must confirm the order.

(2)The order takes effect when it is confirmed by the Secretary of State.

PART 2 E+W+SOther orders
Application of Part 2E+W+S

2Part 2 of this Schedule applies to orders other than those which are made in accordance with a direction given under paragraph 8(3)(b) of Schedule 13A or by the Secretary of State under paragraph 8(3)(c) of that Schedule.

ConsultationE+W+S

3Before making an order, the authority must consult with every local authority whose area includes the land to which the order relates.

Coming into operationE+W+S

4(1)A modification consent order does not take effect until confirmed by the authority under paragraph 9.

(2)Any other order does not take effect until confirmed either by the authority or the Secretary of State under paragraph 10 or by the Secretary of State under paragraph 13.

Publicity for ordersE+W+S

5(1)On making an order, the authority must give notice in the prescribed form—

(a)describing the general effect of the order and stating that it has been made and requires confirmation;

(b)naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge, and copies may be obtained at a reasonable charge, at all reasonable hours; and

(c)specifying the time (not being less than 42 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order, which must include particulars of the grounds relied on, may be made.

(2)Subject to sub-paragraph (4), the notice to be given under sub-paragraph (1) must be given—

(a)by publication on a website maintained by the authority and on such other websites or through the use of such other digital communications media as the authority may consider appropriate;

(b)by serving a like notice on—

(i)every owner and occupier of any of that land;

(ii)every local authority whose area includes any of that land;

(iii)every person on whom notice is required to be served in pursuance of sub-paragraph (3); and

(iv)such other persons as may be prescribed in relation to the area in which that land is situated or as the authority may consider appropriate; and

(c)by causing a copy of the notice to be displayed in a prominent position—

(i)at the ends of so much of any way as is affected by the order;

(ii)at council offices in the locality of the land to which the order relates; and

(iii)at such other places as the authority may consider appropriate.

(3)Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give the person notice of all such orders as—

(a)are made by the authority during a period specified in the requirement;

(b)are of a description so specified; and

(c)relate to land comprised in an area so specified.

(4)In the case of a modification consent order, the authority may decide that it is not necessary to comply with sub-paragraph (2)(b)(i) and, in any other case, the Secretary of State may give a direction that it is not necessary to comply with it.

But, if such a decision is made or such a direction is given in the case of any land, then in addition to publication the notice must be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice must be affixed to some conspicuous object or objects on the land.

(5)Sub-paragraph (2)(b) and (c) and, where applicable, sub-paragraph (4) must be complied with not less than 42 days before the expiration of the time specified in the notice.

(6)A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, must be accompanied by a copy of so much of the order as relates to that land or, as the case may be, the area of that authority; and a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate must be accompanied by a copy of the order.

(7)A notice required to be displayed by sub-paragraph (2)(c) at the ends of so much of any way as is affected by the order must be accompanied by a plan showing the general effect of the order so far as it relates to that way.

(8)At any time after the publication of a notice under this paragraph, and before the expiration of the period specified in the notice for the making of representations and objections, any person may require the authority to inform the person what documents (if any) were taken into account in preparing the order and—

(a)as respects any such documents in the possession of the authority, to permit the person to inspect them and take copies; and

(b)as respects any such documents not in their possession, to give the person any information the authority have as to where the documents can be inspected;

and the authority must comply with a requirement under this sub-paragraph within 14 days of the making of the requirement.

(9)Nothing in sub-paragraph (1)(c) or (8) is to be construed as limiting the grounds which may be relied on or the documentary or other evidence which may be adduced at any local inquiry or hearing held under paragraph 13(1)(a) or (c) or 14(3)(a) or (c) or included in representations made under paragraph 13(1)(b) or 14(3)(b).

Irrelevant representations or objectionsE+W+S

6(1)If representations or objections have been duly made about an order to an authority (and not withdrawn) but the authority consider that none of them are relevant, the authority may proceed under this Schedule as if no representations or objections had been duly made (and the following provisions of this Schedule apply accordingly).

(2)For the purposes of this paragraph, a representation or objection is relevant if, were the order to be submitted to the Secretary of State under paragraph 11, it would be relevant in determining whether or not to confirm the order (either with or without modifications).

(3)In deciding whether to exercise their power under sub-paragraph (1), an authority must have regard to any guidance given by the Secretary of State.

(4)Where the authority decide to exercise that power, the authority must inform the applicant, and any person who made a representation or objection (and has not withdrawn it), of their decision and the reasons for it.

(5)Nothing in this paragraph applies to a modification consent order.

Severance of orders - representations etc relating to only some modificationsE+W+S

7(1)Where at any time representations or objections duly made and not withdrawn relate to some but not all of the modifications made by an order, the authority may, by notice given to the Secretary of State, elect that, for the purposes of the following provisions of this Schedule, the order is to have effect as two separate orders—

(a)the one comprising the modifications to which the representations or objections relate; and

(b)the other comprising the remaining modifications.

(2)Any reference in sub-paragraph (1) to an order includes a reference to any part of an order which, by virtue of one or more previous elections under that sub-paragraph, has effect as a separate order.

(3)Nothing in this paragraph applies to a modification consent order.

Severance of orders - only some representations etc relevantE+W+S

8(1)If representations or objections have been duly made about an order to an authority (and not withdrawn) but the authority consider that not all of the representations or objections are relevant, the authority may elect that the order is to have effect as two separate orders—

(a)the one comprising the modifications to which the relevant representations or objections relate;

(b)the other, comprising the remaining modifications, which is to be treated as if no representations or objections had been duly made;

and the following provisions of this Schedule apply accordingly.

(2)For the purposes of this paragraph, a representation or objection is relevant if, were the order to be submitted to the Secretary of State under paragraph 11, it would be relevant in determining whether or not to confirm the order (either with or without modifications).

(3)In deciding whether to exercise their power under sub-paragraph (1), an authority must have regard to any guidance given by the Secretary of State.

(4)Where the authority decide to exercise such a power, the authority must inform the applicant, and any person who made a representation or objection (and has not withdrawn it), of their decision and the reasons for it.

(5)Nothing in this paragraph applies to a modification consent order.

Confirmation - modification consent ordersE+W+S

9(1)The authority may (whether or not any representations or objections are made) confirm a modification consent order—

(a)without modifications; or

(b)with modifications, if every owner of the land to which the order relates so consents.

(2)Nothing in paragraphs 10 to 16 applies to a modification consent order.

Confirmation - unopposed orders (other than modification consent orders)E+W+S

10(1)If no representations or objections are duly made, or if any so made are withdrawn, the authority may—

(a)confirm the order without modification; or

(b)if they require any modification to be made, submit the order to the Secretary of State for confirmation by him or her.

(2)Where an order is submitted to the Secretary of State under sub-paragraph (1), the Secretary of State may confirm the order with or without modifications.

Confirmation - opposed orders (other than modification consent orders)E+W+S

11If any representation or objection duly made to an order is not withdrawn the authority must submit the order to the Secretary of State for confirmation by him or her.

12(1)Where an order is submitted by an authority to the Secretary of State and the representations or objections relate to some but not all of the modifications made by the order, the Secretary of State may, by notice given to the authority, elect that the order is to have effect as two separate orders—

(a)the one comprising the modifications to which the representations or objections relate (“the opposed order”); and

(b)the other comprising the remaining modifications.

(2)Where notice is given under sub-paragraph (1), paragraph 10 and the following provisions of this Schedule apply as if only the opposed order had been submitted to the Secretary of State for confirmation.

(3)Any reference in sub-paragraph (1) to an order includes a reference to any part of an order which, by virtue of one or more previous elections under that sub-paragraph, has effect as a separate order.

13(1)Where an order is submitted to the Secretary of State under paragraph 11, the Secretary of State must, subject to sub-paragraph (2), either—

(a)cause a local inquiry to be held;

(b)afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity to make representations (or further representations) to a person appointed by the Secretary of State for the purpose; or

(c)afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity to be heard by a person appointed by the Secretary of State for the purpose.

(2)The Secretary of State may, but need not, act as mentioned in sub-paragraph (1) if, in the Secretary of State's opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order, either with or without modifications.

(3)On considering any representations or objections duly made and the report of any person appointed to hold an inquiry, or appointed as mentioned in sub-paragraph (1)(b) or (c), the Secretary of State may confirm the order with or without modifications.

Restriction on power to confirm orders with modificationsE+W+S

14(1)The Secretary of State must not confirm an order with modifications so as—

(a)to affect land not affected by the order;

(b)not to show any way shown in the order or to show any way not so shown; or

(c)to show as a highway of one description a way which is shown in the order as a highway of another description,

except after complying with the requirements of this paragraph.

(2)The Secretary of State must give such notice as appears to him or her to be requisite of his or her proposal so to modify the order, specifying the time (which must not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal, which must include particulars of the grounds relied on, may be made.

(3)If any representation or objection duly made under sub-paragraph (2) is not withdrawn, the Secretary of State must either—

(a)cause a local inquiry to be held;

(b)afford any person by whom a representation or objection has been duly made and not withdrawn, an opportunity to make representations (or further representations) to a person appointed by the Secretary of State for that purpose; or

(c)afford any person by whom a representation or objection has been duly made and not withdrawn, an opportunity to be heard by a person appointed by the Secretary of State for that purpose.

(4)The Secretary of State must consider the report of any person appointed to hold an inquiry or appointed as mentioned in sub-paragraph (3)(b) or (c).

(5)The Secretary of State may, but need not, act as mentioned in sub-paragraph (3) if, in his or her opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order in accordance with his or her proposal.

(6)Sub-paragraph (2) is not to be construed as limiting the grounds which may be relied on at any local inquiry or hearing held under sub-paragraph (3)(a) or (c) or included in representations made under sub-paragraph (3)(b).

Appointment of inspectors etcE+W+S

15(1)A decision of the Secretary of State under paragraph 10, 13 or 14 must, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed is to be treated as a decision of the Secretary of State.

(2)The Secretary of State may, if he or she thinks fit, direct that a decision which, by virtue of sub-paragraph (1) and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State is instead to be made by the Secretary of State; and a direction under this sub-paragraph must state the reasons for which it is given and must be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

(3)Where the Secretary of State has appointed a person to make a decision under paragraph 10, 13 or 14 the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

(4)Where by virtue of sub-paragraph (2) or (3) a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter is to be treated as having been done by or in relation to the former.

(5)Regulations under this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

Hearings and local inquiriesE+W+S

16(1)Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) are to apply in relation to any hearing or local inquiry held under paragraph 13 or 14 as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.

(2)In its application to a hearing or inquiry held under paragraph 13 or 14 by a person appointed under paragraph 15, subsection (5) of that section has effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State.

(3)Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under paragraph 13 or 14 as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.

PART 3 E+W+SOrders: general
Notice of final decisions on ordersE+W+S

17(1)As soon as practicable after a decision to confirm an order is made or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of the decision, the authority must give notice—

(a)describing the general effect of the order as confirmed and stating that it has been confirmed (with or without modification) and the date on which it took effect; and

(b)naming a place in the area in which the land to which the order relates is situated where a copy of the order as confirmed may be inspected free of charge, and copies may be obtained at a reasonable charge, at all reasonable hours.

(2)A notice under sub-paragraph (1) must be given—

(a)by publication in the manner required by paragraph 5(2)(a);

(b)by serving a like notice on any persons on whom notices were required to be served under paragraph 5(2)(b) or (4); and

(c)by causing like notices to be displayed in the like manner as the notices required to be displayed under paragraph 5(2)(c).

(3)A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, must be accompanied by a copy of so much of the order as confirmed as relates to that land or, as the case may be, the area of that authority; and, in the case of an order which has been confirmed with modifications, a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate must be accompanied by a copy of the order as confirmed.

(4)As soon as practicable after a decision not to confirm an order or, in the case of a decision by the Secretary of State, as soon as practicable after receiving notice of his or her decision, the authority must give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 5(2)(b) or (4).

Proceedings for questioning validity of ordersE+W+S

18(1)If any person is aggrieved by an order which has taken effect and desires to question its validity on the ground that it is not within the powers of sections 53, 54, 54B and 54C or that any of the requirements of Schedule 13A or this Schedule have not been complied with in relation to it, the person may within 42 days from the date of publication of the notice under paragraph 17 make an application to the High Court under this paragraph.

(2)On any such application the High Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with those requirements, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant.

(3)Sub-paragraph (4) applies if the application relates to an order of an authority that has been submitted to, and confirmed by, the Secretary of State.

(4)The High Court may quash the decision of the Secretary of State confirming the order or any part of it (either generally or in so far as it affects the interests of the applicant), instead of quashing the order or any provision of it.

(5)Except as provided by this paragraph, the validity of an order is not to be questioned in any legal proceedings whatsoever.

SupplementalE+W+S

19(1)The Secretary of State may, subject to the provisions of this Schedule, by regulations make such provision as to the procedure on the making, submission and confirmation of orders as appears to him or her to be expedient.

(2)In the application of this Schedule to an order that is a modification consent order, any special orders made under section 54B(5) are to be treated as part of the order.

(3)In this Schedule—

  • council offices” means offices or buildings acquired or provided by the authority or by a local authority;

  • local authority” means a non-metropolitan district council, a parish council or the parish meeting of a parish not having a separate parish council;

  • order” means an order to which the provisions of this Schedule apply;

  • prescribed” means prescribed by regulations made by the Secretary of State.

(4)Regulations under this Schedule are to be made by statutory instrument and are to be subject to annulment in pursuance of a resolution of either House of Parliament.

PART 4 E+W+SHighways Act 1980

8(1)Schedule 6 to the Highways Act 1980 (procedure applicable to the making etc of certain orders under the Act relating to footpaths, bridleways and restricted byways) is amended as follows.E+W+S

(2)In paragraph 1 (publicity for orders)—

(a)in sub-paragraph (3), in paragraph (a), for the words from “in at least one local newspaper” to the end of the paragraph substitute “ (within the meaning of sub-paragraph (3ZA)) ”;

(b)after sub-paragraph (3) insert—

(3ZA)In sub-paragraph (3)(a), “publication” means—

(a)in relation to England, publication on a website maintained by the authority and on such other websites or through the use of such other digital communications media as the authority may consider appropriate;

(b)in relation to Wales, publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated.

(3)In paragraph 2 (opposed and unopposed orders), after sub-paragraph (2) insert—

(2ZA)If representations or objections have been duly made to an authority in England other than the Secretary of State (and not withdrawn), but the authority consider that none of the representations or objections are relevant, the authority may proceed under this Schedule as if no representations or objections had been duly made (and the provisions of this Schedule apply accordingly).

(2ZB)If representations or objections have been duly made to such an authority (and not withdrawn), but the authority consider that at least one of the representations or objections is not relevant, the authority may elect that the order shall have effect as two separate orders—

(a)the one comprising the parts to which the relevant representations or objections relate; and

(b)the other, comprising the remaining parts, which is to be treated as if no representations or objections had been duly made;

and the provisions of this Schedule apply accordingly.

(2ZC)For the purposes of this paragraph, a representation or objection is relevant if, were the order to be submitted to the Secretary of State, it would be relevant in determining whether or not to confirm the order (either with or without modifications).

(2ZD)In deciding whether to exercise their power under subsection (2ZA) or (2ZB), an authority shall have regard to any guidance given by the Secretary of State.

(2ZE)Where the authority decide to exercise such a power, the authority shall inform the applicant, and any person who made a representation or objection (and has not withdrawn it), of their decision and the reasons for it.

(4)In that paragraph, after sub-paragraph (3) insert—

(4)The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(a) or (b) or (3)(b) in relation to an order relating to England if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order (either with or without modifications) or to make it.

(5)In that paragraph, after sub-paragraph (4) (as inserted by sub-paragraph (4) of this paragraph) insert—

(5)In the case of an order relating to England, the Secretary of State may, instead of affording a person an opportunity of being heard as mentioned in sub-paragraph (2)(b), (2A)(b) or (3)(b), afford the person an opportunity of making representations (or further representations) to a person appointed by him or her for the purpose.

(6)Where the Secretary of State acts under sub-paragraph (5) by affording a person an opportunity of making representations (or further representations) instead of an opportunity of being heard as mentioned in sub-paragraph (2)(b) or (3)(b), the reference in sub-paragraph (2) or (as the case may be) (3)(c) to the report of the person appointed to hear representations or objections is to be read as a reference to the report of the person appointed under sub-paragraph (5).

(6)After paragraph 2 insert—

2ZZA(1)Where at any time representations or objections duly made to an authority in England (and not withdrawn) relate to only parts of an order, the authority may elect that for the purposes of paragraph 2 and the following provisions of this Schedule, the order shall have effect as two separate orders—

(a)the one comprising the parts to which the representations or objections relate; and

(b)the other comprising the remaining parts.

(2)Where the authority is not the Secretary of State, an election for the purposes of sub-paragraph (1) shall be given by notice to the Secretary of State.

(3)Where an order made by an authority in England (other than the Secretary of State) is submitted to the Secretary of State, and any representations or objections duly made (and not withdrawn) relate to only parts of the order, the Secretary of State may, by notice given to the authority, elect that it shall have effect as two separate orders—

(a)the one comprising the parts to which the representations or objections relate (“the opposed order”); and

(b)the other comprising the remaining parts.

(4)Where notice is given under sub-paragraph (3), paragraph 2 and the following provisions of this Schedule apply as if only the opposed order had been submitted to the Secretary of State for confirmation.

(5)Any reference in sub-paragraph (1) or (3) to an order includes a reference to any part of an order which, by virtue of one or more previous elections under that sub-paragraph, has effect as a separate order.

(7)In paragraph 4A (publication of orders)—

(a)the existing text becomes sub-paragraph (1);

(b)in that sub-paragraph, for the words from “in at least one local newspaper” to the end of the sub-paragraph substitute “ (within the meaning of sub-paragraph (2)) ”;

(c)after that sub-paragraph insert—

(2)In sub-paragraph (1), “publication” means—

(a)in relation to England, publication on a website maintained by the authority and on such other websites or through the use of such other digital communications media as the authority may consider appropriate;

(b)in relation to Wales, publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated.

(8)In paragraph 5 (proceedings for questioning validity of orders) omit the “and” after paragraph (b) and insert—

(ba)the Schedule has effect as if after paragraph 3 there were inserted—

3A(1)Sub-paragraph (2) applies if the application relates to an order of an authority in England that has been submitted to, and confirmed by, the Secretary of State.

(2)The High Court may quash the decision of the Secretary of State confirming the order or any part of it (either generally or in so far as it affects the interests of the applicant), instead of quashing the order or any provision of it.; and.

PART 5 E+W+SConsequential amendments

9Part 3 of the Wildlife and Countryside Act 1981 is amended as follows.E+W+S

10In section 53 (duty to keep definitive map and statement under continuous review)—E+W+S

(a)in subsection (5), for “the provisions of Schedule 14” substitute “ the provisions of Schedule 13A (in relation to England) and Schedule 14 (in relation to Wales) ”;

(b)in subsection (6), for “the provisions of Schedule 15” substitute “ the provisions of Schedule 14A (in relation to England) and Schedule 15 (in relation to Wales) ”.

11(1)Schedule 14 (Applications for certain orders under Part 3) is amended as follows.E+W+S

(2)In the heading, at the end, insert “ : Wales ”.

(3)In paragraph 5 (interpretation), in sub-paragraph (1), for the definition of “local authority” substitute—

local authority” means a community council;.

12(1)Schedule 15 (Procedure in connection with certain orders under Part 3) is amended as follows.E+W+S

(2)In the heading, at the end, insert “ : Wales ”.

(3)In paragraph 13 (interpretation), in sub-paragraph (2), for the definition of “local authority” substitute—

local authority” means a community council;.

Section 49

SCHEDULE 8E+W+SProvision of passenger rail services

Consequential amendmentsE+W+S

1The Transport Act 1968 is amended in accordance with paragraphs 2 to 5.E+W+S

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Commencement Information

I154Sch. 8 in force for certain purposes at Royal Assent, see s. 115

I155Sch. 8 para. 1 in force at 1.10.2015 in so far as not already in force by S.I. 2015/994, art. 11(o)

2(1)Section 10(1) is amended as follows.E+W+S

(2)In paragraph (iii), before “(ii)”, in both places, insert “ (ia)(b) or ”.

(3)In paragraph (iv), before “(ii)” insert “ (ia), ”.

(4)After paragraph (viiia), insert—

(viiiaa)where that area is in England, to let locomotives and other rolling stock on hire to a person not falling within paragraph (viiia) for or in connection with the provision of railway passenger services;.

(5)In paragraph (viiib), at the beginning insert “ where that area is in Wales or Scotland, ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I156Sch. 8 in force for certain purposes at Royal Assent, see s. 115

I157Sch. 8 para. 2 in force at 1.10.2015 in so far as not already in force by S.I. 2015/994, art. 11(o)

3In section 10(1), paragraphs (vi) and (viza) have effect, until the day on which the repeal of those provisions in relation to Scotland by section 14(1)(a) of the Railways Act 2005 comes into force, as if for “(ii)” there were substituted “ (ia)(b) ”.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I158Sch. 8 in force for certain purposes at Royal Assent, see s. 115

I159Sch. 8 para. 3 in force at 1.10.2015 in so far as not already in force by S.I. 2015/994, art. 11(o)

4(1)Section 20 (special duty of certain Executives with respect to railway passenger services) is amended as follows.E+W+S

(2)In paragraph (a) of subsection (2), omit the words from “for the purposes” to the end of the paragraph.

(3)After subsection (2) insert—

(2A)For the purposes of subsection (2)(a) “permitted distance”, in relation to an integrated transport area, a combined authority area or a passenger transport area, means the distance of 25 miles from the nearest point on the boundary of that area.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I160Sch. 8 in force for certain purposes at Royal Assent, see s. 115

I161Sch. 8 para. 4 in force at 1.10.2015 in so far as not already in force by S.I. 2015/994, art. 11(o)

5In section 23A (interpretation of certain provisions of this Part relating to railways), after subsection (1) insert—E+W+S

(1A)For the purposes of section 10, “railway” has the meaning given in section 67(1) of the Transport and Works Act 1992.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I162Sch. 8 in force for certain purposes at Royal Assent, see s. 115

I163Sch. 8 para. 5 in force at 1.10.2015 in so far as not already in force by S.I. 2015/994, art. 11(o)

6Section 119 of the Transport Act 1985 (bus substitution services and bus service conditions) has effect, until the repeal of the section by Part 4 of Schedule 31 to the Transport Act 2000 comes into force, as if—E+W+S

(a)in subsection (3) the words from “for the purposes” to the end of the subsection were omitted;

(b)after subsection (5) there were inserted—

(5A)For the purposes of subsection (3) “permitted distance”, in relation to a passenger transport area, means the distance of 25 miles from the nearest point on the boundary of that area.

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Commencement Information

I164Sch. 8 in force for certain purposes at Royal Assent, see s. 115

I165Sch. 8 para. 6 in force at 1.10.2015 in so far as not already in force by S.I. 2015/994, art. 11(o)

7In section 13 of the Railways Act 2005 (railway functions of Passenger Transport Executives), in subsection (9), for the words from “has the same meaning” to the end substitute “ , in relation to an integrated transport area, means the distance of 25 miles from the nearest point on the boundary of that area. ”E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I166Sch. 8 in force for certain purposes at Royal Assent, see s. 115

I167Sch. 8 para. 7 in force at 1.10.2015 in so far as not already in force by S.I. 2015/994, art. 11(o)

Franchise exemptions granted by Secretary of State: protection of railway assets etcE+W+S

8After section 24 of the Railways Act 1993 insert—E+W+S

24ASecretary of State franchise exemptions: operator agreements

(1)Conditions specified in an order under section 24 made by the Secretary of State may, in particular, include conditions which are to apply to any person providing services under an operator agreement.

(2)An order under section 24 made by the Secretary of State may include provision which, subject to any modifications that the Secretary of State considers appropriate, has an effect in connection with operator agreements which corresponds or is similar to the effect of the following provisions in connection with franchise agreements—

(a)section 27(3) of this Act (restrictions on transfer or creation of security over assets);

(b)section 27(5) of this Act (transactions entered into in breach of restrictions to be void);

(c)section 27(6) and (7) of this Act (no execution or other legal process etc in respect of assets);

(d)section 31 of this Act (disapplication of legislation: security of tenure of business premises);

(e)sections 55 to 58 of this Act (enforcement);

(f)section 12 of, and Schedule 2 to, the Railways Act 2005 (transfer schemes), subject to subsection (4) below.

(3)Provision included in an order by virtue of subsection (2) may be made by applying the provision in question, subject to any modifications that the Secretary of State considers appropriate.

(4)The provision which may be included in an order by virtue of subsection (2)(f) is subject to the following restrictions—

(a)it is to be provision which applies only where an operator agreement is or has been in force to which one of the following is or was party—

(i)a Passenger Transport Executive,

(ii)a local transport authority, or

(iii)a relevant company;

(b)the person entitled under the provision to make a transfer scheme is to be a Passenger Transport Executive or local transport authority which—

(i)is or was party to the operator agreement, or

(ii)is the owner, or one of the owners, of a relevant company which is or was party to the operator agreement;

(c)the persons to whom assets may be transferred under a scheme made under the provision are to be—

(i)the Passenger Transport Executive or local transport authority which makes the scheme;

(ii)any other Passenger Transport Executive or local transport authority which—

(a)is or was party to the operator agreement, or

(b)is the owner, or one of the owners, of a relevant company which is or was party to the operator agreement;

(iii)a relevant company;

(iv)a person who is, or is to be, the operator under an operator agreement.

(5)In this section—

  • local transport authority” has the same meaning as in Part 2 of the Transport Act 2000 (see section 108(4) of that Act);

  • operator agreement” means any agreement which a person who has the benefit of a franchise exemption may enter into for another person (“the operator”) to provide the services (or any part of the services) in respect of which the exemption is granted;

  • Passenger Transport Executive” means a body which is such an Executive for the purposes of Part 2 of the Transport Act 1968;

  • relevant company” means—

    (a)

    a company that is wholly owned by a Passenger Transport Executive or a local transport authority, or

    (b)

    a company of which each owner is a Passenger Transport Executive or a local transport authority.

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Commencement Information

I168Sch. 8 in force for certain purposes at Royal Assent, see s. 115

I169Sch. 8 para. 8 in force at 1.10.2015 in so far as not already in force by S.I. 2015/994, art. 11(o)

Minor correcting amendmentsE+W+S

9(1)The Transport Act 1968 is amended as follows.E+W+S

(2)In section 9(1)(c)—

(a)in sub-paragraph (i), for “sub-paragraph (ia)” substitute “ sub-paragraphs (ia) to (ie) ”;

(b)after sub-paragraph (ia) insert—

(ib)in relation to the area of the Greater Manchester Combined Authority, the Greater Manchester Passenger Transport Executive;

(ic)in relation to the area of the Greater Merseyside Combined Authority, the Merseyside Passenger Transport Executive;

(id)in relation to the area of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority, the South Yorkshire Passenger Transport Executive;

(ie)in relation to the area of the Durham, Gateshead, Newcastle upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority, the Tyne and Wear Passenger Transport Executive;.

(3)In section 16(2A)—

(a)for “subsection (2)” substitute “ subsection (1) ”;

(b)omit the “and” at the end of paragraph (b);

(c)after paragraph (c) insert ; and

(d)the words from “including in particular” to the end of the subsection were omitted.

(4)In Schedule 5—

(a)in Part 2, in paragraph 2, after “as the case may be,”, in both places where it occurs, insert “ the combined authority area or ”;

(b)in Part 3, in paragraph 11(a), after “integrated transport area” insert “ , a combined authority area ”.

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Commencement Information

I170Sch. 8 in force for certain purposes at Royal Assent, see s. 115

I171Sch. 8 para. 9 in force at 1.10.2015 in so far as not already in force by S.I. 2015/994, art. 11(o)

10(1)In section 30 of the Railways Act 1993 (duty of relevant franchising authority), subsection (3) is amended as follows.E+W+S

(2)In paragraph (b)—

(a)for “notice” substitute “ proposal ”;

(b)for “the proposal date specified for the purposes of subsection (5)(a)(ii) of that section” substitute “ the date for the discontinuance of services specified in the proposal ”.

(3)In paragraph (c), for “subsection (2)” substitute “ subsection (3) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I172Sch. 8 in force for certain purposes at Royal Assent, see s. 115

I173Sch. 8 para. 10 in force at 1.10.2015 in so far as not already in force by S.I. 2015/994, art. 11(o)

Section 50

SCHEDULE 9E+W+SRoad traffic legislation: use of vehicles in emergency response by NHS

Traffic Management Act 2004E+W+S

1The Traffic Management Act 2004 is amended as follows.E+W+S

2In section 85 (prohibition of double parking etc), in subsection (3), for “for fire brigade, ambulance or police purposes” substitute E+W+S

(a)for fire brigade or police purposes, or

(b)for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service.

An NHS ambulance service” means—

(a)an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;

(b)an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;

(c)the Scottish Ambulance Service Board.

3In section 86 (prohibition of parking at dropped footways etc), in subsection (4), for “for fire brigade, ambulance or police purposes” substitute E+W+S

(a)for fire brigade or police purposes, or

(b)for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service.

An NHS ambulance service” means—

(a)an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;

(b)an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;

(c)the Scottish Ambulance Service Board.

Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078)E+W+S

4The Road Vehicles (Construction and Use) Regulations 1986 are amended as follows.E+W+S

5In regulation 3(2) (interpretation), in the Table at the appropriate place insert—E+W+S

an NHS ambulance service

(a)an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;

(b)an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;

(c)the Scottish Ambulance Service Board.

6(1)Regulation 37 (audible warning instruments) is amended as follows.E+W+S

(2)In paragraph (5)(a), omit “, ambulance”.

(3)After paragraph (5)(a) insert—

(aza)used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;.

7(1)Regulation 82 (restriction on width of loads) is amended as follows.E+W+S

(2)In paragraph (10)(a), omit “, ambulance”.

(3)After paragraph (10)(a) (but before the “or”) insert—

(aa)for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;.

8(1)Regulation 101 (parking in darkness) is amended as follows.E+W+S

(2)In paragraph (2)(a), omit “ambulance”.

(3)After paragraph (2)(a) insert—

(aa)being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service if compliance with those provisions would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion;.

9(1)Regulation 107 (leaving motor vehicles unattended) is amended as follows.E+W+S

(2)In paragraph (2)(a), omit “ambulance,”.

(3)After paragraph (2)(a) (but before the “or”) insert—

(aa)being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;.

Road Vehicles Lighting Regulations 1989 (S.I. 1989/1796)E+W+S

10The Road Vehicles Lighting Regulations 1989 are amended as follows.E+W+S

11(1)The Table in regulation 3(2) (which sets out the meaning of expressions used in the regulations) is amended as follows.E+W+S

(2)In column 2, in paragraph (a) of the definition of “emergency vehicle”, omit “, ambulance”.

(3)In that definition, after paragraph (a) insert—

(aza) a vehicle used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;

(4)At the appropriate place insert—

An NHS ambulance service

(a)an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;

(b)an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;

(c)the Scottish Ambulance Service Board.

12(1)Regulation 11 (colour of light shown by lamps and reflectors) is amended as follows.E+W+S

(2)Omit paragraph (2)(y)(iii).

(3)After paragraph (2)(y) insert—

(z)reflected light from yellow or orange retro reflective material fitted to the rear of a vehicle—

(i)used for ambulance purposes, or

(ii)used for the purpose of providing a response to an emergency at the request of an NHS ambulance service.

13In Part 2 of Schedule 17 (requirements relating to optional side retro reflectors), in the first column of the Table, below “Ambulance” (but in the same row) insert “ The provision of a response to an emergency at the request of an NHS ambulance service but only in respect of a vehicle which is owned by the service or held by it under a lease or hire agreement ”.E+W+S

14(1)Part 2 of Schedule 18 (requirements relating to optional rear retro reflectors) is amended as follows.E+W+S

(2)The first sentence becomes paragraph 1.

(3)At the end of that paragraph insert “ , subject to paragraphs 2 and 3. ”

(4)The second sentence becomes paragraph 2.

(5)In that paragraph—

(a)omit “But”;

(b)omit paragraph (c).

(6)After paragraph 2 insert—

3The colour of rear retro reflectors fitted to—

(a)a vehicle used for ambulance purposes, or

(b)a vehicle used for the purpose of providing a response to an emergency at the request of an NHS ambulance service,

may be red, yellow or orange (or any combination), provided that, in the case mentioned in paragraph (b), the vehicle is owned by the NHS ambulance service or held by it under a lease or hire agreement.

Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I. 1997/2400)E+W+S

15The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 are amended as follows.E+W+S

16In regulation 3(1) (interpretation), at the appropriate place insert—E+W+S

an NHS ambulance service” means—

(a)an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;

(b)an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;

(c)the Scottish Ambulance Service Board;.

17(1)Regulation 12 (significance of vehicular light signals at Pelican crossings) is amended as follows.E+W+S

(2)In paragraph (1)(e), omit “, ambulance, national blood service”.

(3)After paragraph (1)(e) insert—

(eza)when a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition conveyed by the steady amber or the red signal in accordance with sub-paragraph (c) or (d) would be likely to hinder the use of that vehicle for the purpose for which it is being used, then those sub-paragraphs shall not apply to the vehicle, and the steady amber and the red signal shall each convey the information that the vehicle may proceed beyond the stop line if the driver—

(i)accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on a central reservation which lies between two crossings which do not form part of a system of staggered crossings; and

(ii)does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident;.

18(1)Regulation 13 (significance of vehicular light signals at Puffin crossings) is amended as follows.E+W+S

(2)In paragraph (1)(f), omit “, ambulance, national blood service”.

(3)After paragraph (1)(f) insert—

(fa)when a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition conveyed by the amber, red or red-with-amber signal in accordance with sub-paragraph (c), (d) or (e) would be likely to hinder the use of that vehicle for the purpose for which it is being used, then those sub-paragraphs shall not apply to the vehicle, and the red signal, red-with-amber and amber signals shall each convey the information that the vehicle may proceed beyond the stop line if the driver—

(i)accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on a central reservation which lies between two crossings which do not form part of a system of staggered crossings; and

(ii)does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident;.

19(1)Regulation 21 (stopping in controlled areas) is amended as follows.E+W+S

(2)In paragraph (c), omit “, ambulance”.

(3)After paragraph (c) insert—

(ca)when the vehicle is being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service; or.

Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113)E+W+S

20The Traffic Signs Regulations and General Directions 2002 are amended as follows.E+W+S

21In regulation 4 (interpretation), at the appropriate place insert—E+W+S

an NHS ambulance service” means—

(a)an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;

(b)an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;

(c)the Scottish Ambulance Service Board.

22(1)Regulation 15 (keep right and kept left signs) is amended as follows.E+W+S

(2)In paragraph (2)—

(a)omit “ambulance,”;

(b)omit “, national blood service”.

(3)After paragraph (2) insert—

(2ZA)On an occasion where a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the requirement specified in paragraph (1) would be likely to hinder the use of that vehicle for one of those purposes then, instead of that requirement, the requirement conveyed by the sign in question shall be that the vehicle shall not proceed beyond that sign in such a manner or at such a time as to be likely to endanger any person.

23(1)Regulation 26 (double white lines) is amended as follows.E+W+S

(2)In paragraph (5)(b), omit “ambulance,”.

(3)After paragraph (5)(b) insert—

(bza)to a vehicle for the time being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;.

24(1)Regulation 27 (zig zag lines) is amended as follows.E+W+S

(2)In paragraph (3)(c), omit “ambulance,”.

(3)After paragraph (3)(c) insert—

(ca)when the vehicle is being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;.

25(1)Regulation 36 (light signals) is amended as follows.E+W+S

(2)In paragraph (1)(b)—

(a)omit “ambulance,”;

(b)omit “, national blood service”.

(3)After paragraph (1)(b) insert—

(bza)when a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition conveyed by the red signal in accordance with sub-paragraph (a) would be likely to hinder the use of that vehicle for the purpose for which it is being used, then sub-paragraph (a) shall not apply to the vehicle, and the red signal shall convey the prohibition that that vehicle shall not proceed beyond the stop line in a manner or at a time likely to endanger any person or to cause the driver of any vehicle proceeding in accordance with the indications of light signals operating in association with the signals displaying the red signal to change its speed or course in order to avoid an accident;.

26(1)Schedule 19 (bus stop and bus stand clearways and box junctions) is amended as follows.E+W+S

(2)In paragraph 4 (bus stop and bus stand clearways)—

(a)in paragraph (a), omit “ambulance,”;

(b)after paragraph (a) insert—

(aza)a vehicle being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;.

(3)In paragraph 9 (box junctions)—

(a)omit “ambulance,”;

(b)omit “, national blood service”.

(4)After paragraph 9 insert—

10When a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition in paragraph 7(1) or 8 would be likely to hinder the use of that vehicle for the purpose for which it is being used, then that prohibition shall not apply to the driver of the vehicle.

Section 51

SCHEDULE 10E+W+SRegulation of the use of roads and railways

PART 1 E+W+SDuration of driving licences to be granted to drivers with relevant or prospective disabilities

1Part 3 of the Road Traffic Act 1988 (licensing of drivers of vehicles) is amended as follows.E+W+S

2In section 99 (duration of licences of drivers of motor vehicles of classes other than any prescribed class of goods vehicle or any prescribed class of passenger-carrying vehicle), in subsection (1)(b) (duration of licence to be granted to person suffering from relevant or prospective disability), for the words from “of not more than” to “may determine” substitute as the Secretary of State may determine which shall be a period— E+W+S

(i)of not more than ten years and not less than one year, ending on or before the seventieth anniversary of the applicant's date of birth, or

(ii)where, at the time the licence is granted, there are less than three years until that seventieth anniversary or where the licence is granted on or after that anniversary, of not more than three years and not less than one year.

3In consequence of paragraph 2, in section 100(1)(b) (appeals relating to licences: determination under section 99(1)(b))—E+W+S

(a)for “three” substitute “ ten ”;

(b)after “or less” insert “ or, where sub-paragraph (ii) of section 99(1)(b) applies, for three years or less ”.

PART 2 E+W+SPermit schemes: removal of requirement for Secretary of State approval

4Part 3 of the Traffic Management Act 2004 (permit schemes) is amended as follows.E+W+S

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Commencement Information

I174Sch. 10 para. 4 in force for certain purposes at Royal Assent and at 26.5.2015 in so far as not already in force

I175Sch. 10 para. 4 in force at 30.6.2015 in so far as not already in force by S.I. 2015/994, art. 9(b)

5(1)Section 33 (preparation of permit schemes) is amended as follows.E+W+S

(2)For subsection (1) substitute—

(1)A permit scheme may be prepared by—

(a)a strategic highways company,

(b)a local highway authority in England, or

(c)such a company or authority acting together with one or more other such companies or authorities.

(1A)A local highway authority in Wales, or two or more such authorities acting together, may prepare and submit to the Welsh Ministers a permit scheme.

(3)For subsection (2) substitute—

(2)The Secretary of State may direct—

(a)a strategic highways company,

(b)a local highway authority in England, or

(c)such a company or authority acting together with one or more other such companies or authorities,

to prepare and give effect to a permit scheme which takes such form as the Secretary of State may direct.

(2A)The Welsh Ministers may direct a local highway authority in Wales, or two or more such authorities acting together, to prepare and submit to them a permit scheme which takes such form as the Welsh Ministers may direct.

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Commencement Information

I176Sch. 10 para. 5 in force for certain purposes at Royal Assent and at 26.5.2015 in so far as not already in force

I177Sch. 10 para. 5 in force at 30.6.2015 in so far as not already in force by S.I. 2015/994, art. 9(b)

6After section 33 insert—E+W+S

33AImplementation of permit schemes of strategic highway companies and local highway authorities in England

(1)This section applies to a permit scheme prepared in accordance with section 33(1) or (2) by—

(a)a strategic highways company,

(b)a local highway authority in England, or

(c)such a company or authority acting together with one or more other such companies or authorities.

(2)The scheme shall not have effect in the area of a participating authority unless the authority gives effect to it by order.

(3)For the purposes of subsection (2) a local highway authority or a strategic highways company is a “participating authority” in relation to a permit scheme if it is the highway authority for any of the streets in which the scheme is to control the carrying out of works.

(4)An order under subsection (2)—

(a)must set out the scheme and specify the date on which the scheme is to come into effect, and

(b)may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.

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Commencement Information

I178Sch. 10 para. 6 in force at 30.6.2015 in so far as not already in force by S.I. 2015/994, art. 9(b)

7(1)Section 34 (implementation of local highway authority permit schemes) is amended as follows.E+W+S

(2)In subsection (1)—

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

(b)for “appropriate national authority (“the authority”)” substitute “ Welsh Ministers ”;

(c)for “33(1) or (2)” substitute “ 33(1A) or (2A) ”.

(3)In subsection (2), for “authority” substitute “ Welsh Ministers ”.

(4)In subsection (3), for “it approves” substitute “ the Welsh Ministers approve ”.

(5)In subsection (4), for “the authority by order gives” substitute “ the Welsh Ministers by order give ”.

(6)In the heading, at the end insert “ : Wales ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I179Sch. 10 para. 7 in force at 30.6.2015 in so far as not already in force by S.I. 2015/994, art. 9(b)

8For section 36 (variation and revocation of permit schemes) substitute—E+W+S

36Variation and revocation of permit schemes

(1)A local highway authority in England may by order vary or revoke a permit scheme to the extent that it has effect in the area of the authority by virtue of an order made by the authority under section 33A(2).

(2)The Secretary of State may direct a local highway authority in England to vary or revoke a permit scheme by an order under subsection (1).

(3)An order made by a local highway authority under subsection (1) may vary or revoke an order made by the authority under section 33A(2), or an order previously made by the authority under subsection (1).

(4)A strategic highways company may by order vary or revoke a permit scheme to the extent that it has effect, by virtue of an order made by the company under section 33A(2), in the area in respect of which the company is appointed.

(5)The Secretary of State may direct a strategic highways company to vary or revoke a permit scheme by an order under subsection (4).

(6)An order made by a strategic highways company under subsection (4) may vary or revoke an order made by the company under section 33A(2), or an order previously made by the company under subsection (4).

(7)The Welsh Ministers may by order vary or revoke any permit scheme which for the time being has effect by virtue of an order made by them under section 34(4) or 35(2).

(8)An order under subsection (7) may vary or revoke an order made by the Welsh Ministers under section 34(4) or 35(2), or an order previously made under subsection (7).

(9)The Secretary of State may by order vary or revoke any permit scheme which for the time being has effect by virtue of an order made by the Secretary of State under section 35(2).

(10)An order under subsection (9) may vary or revoke an order made by the Secretary of State under section 35(2), or an order previously made under subsection (9).

(11)An order under subsection (7) or (9) may relate to one or more permit schemes.

(12)An order under this section may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.

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Commencement Information

I180Sch. 10 para. 8 in force at 30.6.2015 in so far as not already in force by S.I. 2015/994, art. 9(b)

9(1)Section 37 (permit regulations) is amended as follows.E+W+S

(2)In subsection (1)—

(a)for “appropriate national authority” substitute “ Secretary of State ”;

(b)omit “submission, approval,”;

(c)at the end insert “ prepared by local highway authorities in England or strategic highways companies under section 33(1) or (2) or by the Secretary of State under section 33(3) or (4) ”.

(3)After subsection (1) insert—

(1A)The Welsh Ministers may by regulations (“permit regulations”) make provision with respect to the content, preparation, submission, approval, operation, variation or revocation of permit schemes prepared by local highway authorities in Wales under section 33(1A) or (2A) or by the Welsh Ministers under section 33(3).

(4)After subsection (3) insert—

(3A)Permit regulations made by the Secretary of State may impose requirements for the purpose of securing that permit schemes are kept under review.

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Commencement Information

I181Sch. 10 para. 9 in force at 30.6.2015 in so far as not already in force by S.I. 2015/994, art. 9(b)

10(1)Section 39 (interpretation of Part 3) is amended as follows.E+W+S

(2)In subsection (1)—

(a)in paragraph (b) of the definition of “the appropriate national authority”, for “National Assembly for Wales” substitute “ Welsh Ministers ”;

(b)at the appropriate place insert—

strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;.

(3)In subsection (3), after “power” insert “ of the Secretary of State or the Welsh Ministers ”.

(4)After subsection (5) insert—

(6)A statutory instrument containing regulations under this Part made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

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Commencement Information

I182Sch. 10 para. 10 in force at 30.6.2015 in so far as not already in force by S.I. 2015/994, art. 9(b)

11(1)This paragraph applies to a permit scheme prepared by a local highway authority in England or a strategic highways company which, by virtue of an order made by the Secretary of State under section 34(4) of the Traffic Management Act 2004, has effect immediately before the date on which paragraphs 4 to 10 come into force.E+W+S

(2)On and after that date, the scheme is to be treated as if it had effect by virtue of an order made by the local highway authority or a strategic highways company under section 33A(2) of that Act.

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Commencement Information

I183Sch. 10 para. 11 in force at 30.6.2015 in so far as not already in force by S.I. 2015/994, art. 9(b)

12In consequence of the amendments made by paragraph 5, in the Infrastructure Act 2015, in Schedule 1, omit paragraph 148.E+W+S

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Commencement Information

I184Sch. 10 para. 12 in force at 30.6.2015 in so far as not already in force by S.I. 2015/994, art. 9(b)

Prospective

PART 3 E+W+S+N.I.Road humps

13The Highways Act 1980 is amended as follows.E+W+S

14In section 90A (construction of road humps by highway authority), in subsection (1)(b), for “the Secretary of State” substitute “ the appropriate national authority ”.E+W+S

15(1)Section 90B (additional powers of Secretary of State and Welsh Ministers) is amended as follows.E+W+S

(2)In subsection (1)—

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

(b)in the opening words, for “he is” substitute “ they are ”;

(c)in paragraph (b), for “him” substitute “ them ”;

(d)in the closing words, for “him” substitute “ them ”.

(3)After subsection (1) insert—

(1A)Subsection (1) does not apply in relation to the following parts of Wales—

(a)the part of road to which section 329(5) applies;

(b)the part of the M4 Motorway in Wales that comprises “the new toll plaza area” and “the new bridge”, as defined in section 39(1) of the Severn Bridges Act 1992.

(4)In subsection (3)—

(a)for “Secretary of State”, in the first place those words occur, substitute “ Welsh Ministers ”;

(b)for “Secretary of State has” substitute “ Welsh Ministers have ”.

(5)In subsection (4), for “Secretary of State” substitute “ Welsh Ministers ”.

(6)In subsection (5), for “Secretary of State so directs” substitute “ Welsh Ministers so direct ”.

(7)In subsection (6)—

(a)for “Secretary of State” substitute “ Welsh Ministers ”;

(b)for “his” substitute “ their ”.

(8)In the heading, for “Secretary of State” substitute “ Welsh Ministers ”.

16(1)Section 90C (road humps: consultation and local inquiries) is amended as follows.E+W+S

(2)In subsection (1)—

(a)for the words from “Where the Secretary of State” to “he, it or they” substitute “ Where a highway authority proposes to construct a road hump under section 90A, or the Welsh Ministers propose to construct a road hump under section 90B, the highway authority or the Welsh Ministers (as the case may be) ”;

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

(c)in paragraph (b)—

(i)omit “other”;

(ii)for “the Secretary of State” substitute “ the appropriate national authority ”.

(3)For subsection (2) substitute—

(2)The highway authority or the Welsh Ministers (as the case may be) shall also comply with such requirements as may be specified in regulations made by the appropriate national authority in relation to—

(a)the publication of—

(i)details of proposals to construct road humps, and

(ii)procedures for making objections to such proposals, and

(b)procedures for dealing with such objections.

(2A)Regulations under subsection (2)(b) may, in particular, contain provision about—

(a)local inquiries in relation to proposals to construct road humps, and

(b)the application of subsections (2) to (5) of section 250 of the Local Government Act 1972 in relation to such inquiries, subject to such modifications as may be specified in the regulations.

(4)Omit subsections (3) to (5).

(5)In subsection (6)—

(a)for “the Secretary of State” substitute “ the appropriate national authority ”;

(b)for “he” substitute “ it ”.

17(1)Section 90D (regulations concerning construction and maintenance of road humps) is amended as follows.E+W+S

(2)In subsection (1)—

(a)for “The Secretary of State” substitute “ The appropriate national authority ”;

(b)for “him” substitute “ the appropriate national authority ”.

(3)In subsection (3)—

(a)for “the Secretary of State” substitute “ the appropriate national authority ”;

(b)for “he” substitute “ it ”.

(4)In subsection (4)—

(a)for “the Secretary of State” substitute “ the appropriate national authority ”;

(b)for “him” substitute “ the appropriate national authority ”.

18(1)Section 90E (status of road humps) is amended as follows.E+W+S

(2)In subsection (1B)(a), for “the Secretary of State” substitute “ the appropriate national authority ”.

(3)In subsection (2), in paragraph (a), for “the Secretary of State” substitute “ the appropriate national authority ”.

19In section 90F (meaning of “road hump” and interpretation of sections 90A to 90E), in subsection (2), after “In sections 90A to 90E above—” insert—E+W+S

the appropriate national authority” means—

(a)the Secretary of State, in relation to England and in relation to the following parts of Wales—

(i)the part of road to which section 329(5) applies;

(ii)the part of the M4 Motorway in Wales that comprises “the new toll plaza area” and “the new bridge”, as defined in section 39(1) of the Severn Bridges Act 1992;

(b)the Welsh Ministers, in relation to Wales other than the parts mentioned in paragraph (a)(i) and (ii);.

20After section 90F insert—E+W+S

90FARegulations under sections 90C and 90D

(1)Regulations under section 90C or 90D are to be made by statutory instrument.

(2)Regulations under section 90C or 90D may—

(a)include incidental, supplementary, consequential or transitional provision or savings;

(b)make different provision for different purposes.

(3)A statutory instrument containing regulations made by the Secretary of State under section 90C or 90D is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)A statutory instrument containing regulations made by the Welsh Ministers under section 90C or 90D is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

21In section 325 (provisions as to regulations, schemes and orders), after subsection (2A) insert—E+W+S

(2B)This section does not apply to regulations under section 90C or 90D (see section 90FA for provision about such regulations).

22In consequence of the amendments made by paragraph 16, in the Infrastructure Act 2015, in Schedule 1, omit paragraph 26.E+W+S

PART 4 E+W+SPedestrian crossings: removal of requirement to inform Secretary of State

23In section 23(2) of the Road Traffic Regulation Act 1984—E+W+S

(a)omit paragraph (c) (which requires that the Secretary of State or, in relation to Wales, the Welsh Ministers be informed in writing before certain pedestrian crossings are established or removed etc);

(b)omit the “and” before that paragraph.

PART 5 E+W+SOff-road motoring events

24In section 13A(1) of the Road Traffic Act 1988 (list of motoring offences which do not apply for authorised off-road motoring events), after “2” insert “ , 2B ”.E+W+S

PART 6 E+W+STesting of vehicles

25In section 52 of the Road Traffic Act 1988 (supplementary provisions about tests etc of goods vehicles), in subsection (2) (which confers power on the Secretary of State to provide and maintain stations and apparatus for the carrying out of examinations of certain goods vehicles), for the words from “provide and maintain” to the end of the subsection substitute E+W+S

(a)provide and maintain stations where examinations of goods vehicles under regulations under section 49 or under section 50 of this Act may be carried out,

(b)designate premises as stations where such examinations may be carried out, and

(c)provide and maintain apparatus for the carrying out of such examinations.

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Commencement Information

I185Sch. 10 para. 25 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(b) (with Sch. Pt. 4)

26(1)Section 46 of that Act (provision which may be included in regulations under section 45 of that Act about tests of the condition of vehicles other than certain goods vehicles) is amended as follows.E+W+S

(2)In subsection (1), after paragraph (j) insert—

(ja)the charges to be paid to the Secretary of State by persons occupying premises designated under section 8(3)(b) of the Public Passenger Vehicles Act 1981 as stations where inspections of public service vehicles may be carried out where the charges are in connection with—

(i)the provision by the Secretary of State of vehicle examiners to examine public service vehicles on the premises,

(ii)the issue of test certificates or notifications of the refusal of test certificates in respect of examinations of public service vehicles carried out on the premises,

(iii)the issue of duplicates or copies of test certificates issued in respect of such examinations, and

(iv)the correction of errors in test certificates so issued,.

(3)In that subsection, omit the “and” at the end of paragraph (k) and insert—

(ka)the keeping by persons mentioned in paragraph (ja) of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed,.

(4)In that subsection, after paragraph (l) insert , and

(m)the keeping of records by persons mentioned in paragraph (ja) and the providing by them of returns and information to the Secretary of State.

(5)In subsection (4), after “subsection (1)(j)” insert “ or (ja) ”.

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Commencement Information

I186Sch. 10 para. 26 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(b) (with Sch. Pt. 4)

27(1)Section 51 of that Act (particular aspects of regulations under section 49 of that Act dealing with the testing of certain goods vehicles etc) is amended as follows.E+W+S

(2)In subsection (1), after paragraph (k) insert—

(ka)make provision as to the charges to be paid to the Secretary of State by persons occupying premises designated under section 52(2)(b) as stations where examinations of goods vehicles may be carried out where the charges are in connection with—

(i)the provision by the Secretary of State of vehicle examiners to examine goods vehicles on the premises,

(ii)the issue of test certificates or notifications of the refusal of test certificates in respect of examinations of goods vehicles carried out on the premises,

(iii)the issue of duplicates or copies of test certificates issued in respect of such examinations, and

(iv)the correction of errors in test certificates so issued,.

(3)In that subsection, after paragraph (ka) (as inserted by sub-paragraph (2)) insert—

(kb)make provision as to the keeping by persons mentioned in paragraph (ka) of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed,

(kc)make provision as to the keeping of records by persons mentioned in paragraph (ka) and the providing by them of returns and information to the Secretary of State,.

(4)After subsection (1) insert—

(1A)The provision which may be made by virtue of subsection (1)(ka) above includes provision requiring—

(a)the making to the Secretary of State at prescribed times of payments, of such amounts as may be determined by him in accordance with regulations, on account of charges that may become payable, and

(b)where forms for test certificates and notifications of the refusal of test certificates are supplied by the Secretary of State, the payment to him of charges for the supply of such forms,

and for the repayment, in prescribed circumstances, of such payments received by the Secretary of State.

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Commencement Information

I187Sch. 10 para. 27 in force at 8.6.2015 in so far as not already in force by S.I. 2015/994, art. 7(b) (with Sch. Pt. 4)

PART 7 E+W+SRail vehicle accessibility regulations: exemption orders

28The Equality Act 2010 is amended as follows.E+W+S

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Commencement Information

I188Sch. 10 para. 28 in force at 1.10.2015 by S.I. 2015/994, art. 11(p)

29(1)Section 183 (exemptions from rail vehicle accessibility regulations) is amended as follows.E+W+S

(2)Omit subsection (3) (power to make regulations as to exemption orders: applications etc).

(3)After subsection (6) insert—

(7)Section 207(2) does not require an exemption order to be made by statutory instrument; but such an order is as capable of being amended or revoked as an order made by statutory instrument.

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Commencement Information

I189Sch. 10 para. 29 in force at 1.10.2015 by S.I. 2015/994, art. 11(p)

30In consequence of paragraph 29—E+W+S

(a)omit section 184 (procedure for making exemption orders);

(b)in section 185 (annual report on exemption orders)—

(i)omit subsection (1)(b);

(ii)in subsection (2)(b), for “sections 183(4) and 184(2)” substitute “ section 183(4) ”;

(c)in section 208 (Ministers of the Crown, etc)—

(i)omit subsection (5)(g);

(ii)omit subsection (7)(a).

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Commencement Information

I190Sch. 10 para. 30 in force at 1.10.2015 by S.I. 2015/994, art. 11(p)

31(1)This paragraph applies to an exemption order made by statutory instrument under section 183(1) of the Equality Act 2010, or treated as so made, before the date on which paragraph 29(3) comes into force.E+W+S

(2)The order is to be treated as having been made otherwise than by statutory instrument; but is to be as capable of being amended or revoked as an order made by statutory instrument.

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Commencement Information

I191Sch. 10 para. 31 in force at 1.10.2015 by S.I. 2015/994, art. 11(p)

Section 52

SCHEDULE 11E+W+SEnforcement of transport legislation

PART 1 E+W+SDrink and drug driving offences

Removal of “statutory option” to have breath specimen replaced: road and rail transportE+W+S

1(1)In section 8 of the Road Traffic Act 1988 (choice of specimens of breath), omit subsections (2), (2A), (3) and (4).E+W+S

(2)The amendments in sub-paragraphs (3) to (5) are made in consequence of sub-paragraph (1).

(3)In the Road Traffic Act 1988—

(a)for the heading of section 8 substitute “ Breath specimen showing higher alcohol level to be disregarded ”;

(b)in section 8(1), omit “Subject to subsection (2) below,”;

(c)in section 195(3), omit “8(3),”;

(d)in section 195(4), omit “8(3),”;

(e)in section 195(4A), omit “8(3) or”.

(4)In the Serious Organised Crime and Police Act 2005, omit section 154(7).

(5)In the Scotland Act 2012, omit section 20(2) to (4).

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Commencement Information

I192Sch. 11 para. 1 in force at 10.4.2015 by S.I. 2015/994, art. 4

2(1)In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of railways etc: offences involving drink or drugs), in section 32 (choice of specimens of breath), omit subsections (2) to (4).E+W+S

(2)In consequence of sub-paragraph (1), for the heading of that section substitute “ Breath specimen showing higher alcohol level to be disregarded ”.

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Commencement Information

I193Sch. 11 para. 2 in force at 10.4.2015 by S.I. 2015/994, art. 4

No need for preliminary breath test before evidential breath test: road transportE+W+S

3(1)The Road Traffic Act 1988 is amended as follows.E+W+S

(2)In section 7 (provision of specimens for analysis), for subsection (2) substitute—

(2)A constable may make a requirement under this section to provide specimens of breath only if—

(a)the requirement is made at a police station or a hospital,

(b)the requirement is imposed in circumstances where section 6(5) of this Act applies, or

(c)the constable is in uniform.

(3)Omit subsections (2A) and (2B).

(4)After subsection (2C) insert—

(2CA)For the purposes of subsection (2C) “a relevant breath test” is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his breath or blood is likely to exceed the prescribed limit.

(5)After subsection (5) insert—

(5A)A constable may arrest a person without warrant if—

(a)the person fails to provide a specimen of breath when required to do so in pursuance of this section, and

(b)the constable reasonably suspects that the person has alcohol in his body.

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Commencement Information

I194Sch. 11 para. 3 in force at 10.4.2015 by S.I. 2015/994, art. 4

Removing restriction that evidential breath test must be taken at police station: rail transportE+W+S

4(1)In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of railways etc: offences involving drink or drugs), section 31 (provision of specimens for analysis) is amended as follows.E+W+S

(2)For subsection (2) substitute—

(2)A constable may make a requirement under this section to provide specimens of breath only if—

(a)the requirement is made at a police station or a hospital, or

(b)the constable is in uniform.

(3)After subsection (7) insert—

(7A)A constable may arrest a person without warrant if—

(a)the person fails to provide a specimen of breath when required to do so in pursuance of this section, and

(b)the constable reasonably suspects that the person has alcohol in his body.

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Commencement Information

I195Sch. 11 para. 4 in force at 10.4.2015 by S.I. 2015/994, art. 4

Health care professionals advising whether condition is due to drugs: road and rail transportE+W+S

5In section 7 of the Road Traffic Act 1988 (provision of specimens for analysis), in subsection (3)(c) (medical advice that person's condition might be due to drugs), after “advised by a medical practitioner” insert “ or a registered health care professional ”.E+W+S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I196Sch. 11 para. 5 in force at 10.4.2015 by S.I. 2015/994, art. 4

6In section 31 of the Transport and Works Act 1992 (provision of specimens for analysis)—E+W+S

(a)in subsection (4)(c) (medical advice that person's condition might be due to drugs), after “advised by a medical practitioner” insert “ or a registered health care professional ”;

(b)omit subsections (9A), (9B) and (9C).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I197Sch. 11 para. 6 in force at 10.4.2015 by S.I. 2015/994, art. 4

Further extension of role of health care professionals: road and rail transportE+W+S

7The Road Traffic Act 1988 is amended in accordance with paragraphs 8 and 9.E+W+S

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I198Sch. 11 para. 7 in force at 10.4.2015 by S.I. 2015/994, art. 4

8(1)Section 7A (specimens of blood taken from persons incapable of consenting) is amended as follows.E+W+S

(2)In subsections (1) and (2)(a), for “a medical practitioner” substitute “ a medical or health care practitioner ”.

(3)In subsection (2)(b), for “a medical practitioner other than a police medical practitioner” substitute “ a practitioner other than a police medical or health care practitioner ”.

(4)In subsection (2)(b)(i), for “to made to a police medical practitioner” substitute “ to be made to a police medical or health care practitioner ”.

(5)In subsection (2)(b)(ii), omit “medical”.

(6)In subsection (3), for “a medical practitioner” substitute “ a medical or health care practitioner ”.

(7)For subsection (7) substitute—

(7)In this section—