SCHEDULE 7

Order-making powers: modifications of enactments

Deregulation and Contracting Out Act 1994 (c. 40)
1
1
The Deregulation and Contracting Out Act 1994 is amended as follows.
2
Sections 1 to 5 and Schedule 1 are repealed.
3
In section 6 (model provisions with respect to appeals), in subsection (7)—
a
in the definition of “enactment”—
i
the word “and” is omitted,
ii
at the end insert “ , an enactment contained in an Act of the Scottish Parliament (whenever passed) and an enactment contained in an instrument made under an Act of the Scottish Parliament (whenever made) ”,
b
for the definition of “enforcement action” substitute—
“enforcement action” means—
a
in relation to any restriction, requirement or condition, any action taken with a view to or in connection with imposing any sanction (whether criminal or otherwise) for failure to observe or comply with it; and
b
in relation to a restriction, requirement or condition relating to the grant or renewal of licences, includes any refusal to grant, renew or vary a licence, the imposition of any condition on the grant or renewal of a licence and any variation or revocation of a licence;
,
c
for the definition of “interested person” substitute—
“interested person” means—
a
the person against whom enforcement action may be or has been taken;
b
any other person who will or may be required to meet, or to make a significant contribution towards, the cost of observing the restriction or complying with the requirement or condition; or
c
where the enforcement action which may be or has been taken relates specifically to goods or services which are to be or have been supplied by a person other than the one against whom enforcement action may be or has been taken, that person;
.
4
Sub-paragraph (2) does not affect the continuation in force of any order under section 1 of that Act which was made on or before the day on which that sub-paragraph comes into force.
Sch. 7 para. 1 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.