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Deregulation Act 2015

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Deregulation Act 2015. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

  3. Background

  4. Territorial Extent and Application

  5. Commentary on Sections

    1. Section 1: Health and safety at work: general duty of self-employed persons

    2. Section 2: Removal of employment tribunals’ power to make wider recommendations

    3. Section 3:  English apprenticeships: simplification

    4. Section 4: English apprenticeships: funding arrangements

    5. Section 5: English apprenticeships: disclosure of information

    6. Section 6: Requirements to wear safety helmets: exemption for Sikhs

    7. Section 7: Requirements to wear safety helmets: exemption for Sikhs: Northern Ireland

    8. Section 8: Driving instructors

    9. Section 9: Motor insurers

    10. Section 10: Taxis and private hire vehicles: duration of licences

    11. Section 11: Private hire vehicles: sub-contracting

    12. Section 12: Space activity: limit on indemnity required

    13. Section 13: Agricultural Holdings Act 1986: resolution of disputes by third party determination

    14. Section 14: Shippers etc of gas

    15. Section 15: Suppliers of fuel and fireplaces

    16. Section 16: Sellers of knitting yarn

    17. Section 17: Authorisation of insolvency practitioners

    18. Section 18: Auditors ceasing to hold office

    19. Section 19: Insolvency and company law: miscellaneous

    20. Sections 20 to 26 (and Schedule 7): background and territorial extent, application and commencement

    21. Section 20: Recorded rights of way: additional protection

    22. Section 21: Unrecorded rights of way: protection from extinguishment

    23. Section 22: Conversion of public rights of way to private rights of way

    24. Section 23: Applications by owners etc for public path orders

    25. Section 24: Extension of powers to authorise erection of gates at owner’s request

    26. Section 25: Applications for certain orders under Highways Act 1980: cost recovery

    27. Section 26: Public rights of way: procedure

    28. Section 27: Erection of public statues (London): removal of consent requirement

    29. Section 28: Reduction of qualifying period for right to buy

    30. Section 29: Removal of power to require preparation of housing strategies

    31. Section 30: Tenancy deposits: provision of information by agents

    32. Section 31: Tenancy deposits: non-compliance with requirements

    33. Section 32: Tenancy deposits: deemed compliance with requirements

      1. New section 215A Statutory periodic tenancies: deposit received before 6 April 2007

      2. New section 215B Shorthold tenancies: deposit received on or after 6 April 2007

      3. 215C Sections 215A and 215B: transitional provisions

    34. Sections 33 to 41: retaliatory evictions

      1. Overview

    35. Section 33: Preventing retaliatory eviction

    36. Section 34: Further exemptions to section 33

    37. Section 35: Notice to be provided in relation to periodic assured shorthold tenancies

    38. Section 36: Time limits in relation to section 21 notices and proceedings

    39. Section 37: Prescribed form of section 21 notices

    40. Section 38: Compliance with prescribed legal requirements

    41. Section 39: Requirement for landlord to provide prescribed information

    42. Section 40: Repayment of rent where tenancy ends before end of a period

    43. Section 41: Application of sections 33 to 40

    44. Section 42: Optional building requirements

    45. Section 43: Amendment of Planning and Energy Act 2008

    46. Sections 44 and 45: Short-term use of London accommodation: relaxation of restrictions and power to relax restrictions

    47. Sections 46 and 47: Urban development areas and urban development corporations

    48. Section 48: Provision of advice etc about residential licences

    49. Section 49: Removal of restrictions on provision of passenger rail services

    50. Section 50: Road traffic legislation: use of vehicles in emergency response by NHS

    51. Section 51: Reduction of burdens relating to the use of roads and railways

    52. Section 52: Reduction of burdens relating to enforcement of transport legislation

    53. Section 53: Civil penalties for parking contraventions: enforcement

    54. Section 54: Removal of restriction on investigation of tramway accidents in Scotland by RAIB

    55. Section 55: Removal of duty to order re-hearing of marine accident investigations

    56. Section 56: Repeal of power to make provision for blocking injunctions

    57. Section 57: Reduction of duties relating to energy and climate change

    58. Section 58: Household waste: de-criminalisation

    59. Section 59: Other measures relating to animals, food and the environment

    60. Section 60: Management of child trust funds: looked after children

    61. Section 61: Management of child trust funds: children 16 or over

    62. Section 62: Child trust funds: transfers

    63. Section 63: Child trust funds: safeguards for children’s interests

    64. Section 64: Abolition of office of Chief Executive of Skills Funding

    65. Section 65: Further and higher education sectors: reduction of burdens

    66. Section 66: Schools: reduction of burdens

    67. Section 67: Sale of alcohol: community events etc and ancillary business

    68. Section 68: Temporary event notices: increase in maximum number of events per year

    69. Section 69: Personal licences: no requirement to renew

    70. Section 70: Sale of liqueur confectionery to children under 16: abolition of offence

    71. Section 71: Late night refreshment

    72. Section 72: Removal of requirement to report loss or theft of licence etc to police

    73. Sections 73 to 75: Motor racing

      1. England and Wales

      2. Scotland

    74. Section 76: Exhibition of films in community premises

    75. Section 77: TV licensing: duty to review sanctions

    76. Section 78: TV licensing: alternatives to criminal sanctions

    77. Section 79: Repeal of Senior President of Tribunals’ duty to report on standards

    78. Section 80: Criminal procedure: written witness statements

    79. Section 81: Criminal procedure: written guilty pleas

    80. Section 82: Criminal procedure: powers to make Criminal Procedure Rules

    81. Section 83: “MAPPA arrangements” to cease to apply to certain offenders

    82. Section 84: Removal of requirement that prison closures be made by order

    83. Section 85: Power of HMRC to disclose information for purposes of certain litigation

    84. Section 86: CLC practitioner services bodies

    85. Section 87: Licensed CLC practitioners

    86. Section 88: CLC practitioner services: consequential amendments

    87. Section 89: The Council for Licensed Conveyancers: other amendments

    88. Section 90: Poisons and explosives precursors

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

    90. Section 92: Gangmasters (Licensing) Act 2004: enforcement

    91. Section 93: Reduction in regulation of providers of social work services

    92. Section 94: Electoral Commission: changes to facilitate efficient administration

    93. Section 95: LGBC for England: changes to facilitate efficient administration

    94. Section 96: NHS foundation trusts and NHS trusts: acquisitions and dissolutions etc

    95. Section 97: Access to registers kept by Gas and Electricity Markets Authority

    96. Sections 98 and 99: information contained in entries of births and deaths etc

      1. Overview

    97. Section 98: Information contained in entries of births and deaths

    98. Section 99: Information contained in entries of marriages and civil partnerships

    99. Section 100: Repeal of duty to prepare sustainable community strategy

    100. Section 101: Repeal of duties relating to local area agreements

    101. Section 102: Repeal of provisions relating to multi-area agreements

    102. Section 103: Repeal of duties relating to consultation or involvement

    103. Section 104: Power to spell out dates described in legislation

    104. Section 105: Combining different forms of subordinate legislation

    105. Section 106: Ambulatory references to international shipping instruments

    106. Section 107: Legislation no longer of practical use

    107. Sections 108 to 111: Exercise of regulatory functions: economic growth

    108. Sections 112 to 116: General

    109. Schedule 1: Approved English apprenticeships

    110. Schedule 2: Driving instructors

      1. Part 1: Amendments of Part 5 Road Traffic Act 1988 (as amended by Road Safety Act 2006)

      2. Part 2: Transitory amendments of Part 5 Road Traffic Act 1988 (before amendment by Road Safety Act 2006)

      3. Part 3: Consequential and related amendments

    111. Schedule 3: Motor insurance industry: certificates of insurance

    112. Schedule 4: Agricultural Holdings Act 1986: resolution of disputes by third party determination

    113. Schedule 5: Auditors ceasing to hold office

      1. Part 1: Notification requirements

      2. Part 2: Miscellaneous

    114. Schedule 6:  Insolvency and company law

      1. Part 1: Deeds of arrangement

      2. Part 2: Administration of companies

        1. Appointment of administrators

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

      3. Part 3: Winding up of companies

        1. Removal of power of court to order payment into Bank of England of money due to company

        2. Release of liquidator where winding-up order rescinded

      4. Part 4: Disqualification of unfit directors of insolvent companies

      5. Part 5: Bankruptcy

        1. Appointment of insolvency practitioner as interim receiver

        2. Statement of affairs

        3. After-acquired property of bankrupt

      6. Part 6: Authorisation of insolvency practitioners

        1. Repeal of provision for authorisation of nominees and supervisors in relation to voluntary arrangements

        2. Repeal of provision for authorisation of insolvency practitioners to be granted by competent authority

      7. Part 7: Liabilities of administrators and administrative receivers of companies and preferential debts of companies and individuals

        1. Treatment of liabilities relating to contracts of employment

      8. Part 8: Requirements of company law: proxies

        1. Proxies at a poll taken 48 hours or less after it was demanded

    115. Schedule 7: Ascertainment of rights of way

      1. Part 1: Wildlife and Countryside Act 1981

        1. Modifications arising from administrative errors

        2. Amendment of the requirement to register applications in relation to the new preliminary assessment

        3. Modification of the definitive map and statement by consent

      2. Part 2: New Schedule 13A to the Wildlife and Countryside Act 1981

        1. New Schedule 13A to the Wildlife & Countryside Act 1981

        2. Prescribed form of application

        3. Preliminary assessment and notice of applications

        4. Failure by an authority to conduct a preliminary assessment

        5. Determination of an application by the authority

        6. Failure by an authority to determine an application

        7. Procedure where an authority decides not to make an order

        8. Transfer of application for order modifying the definitive map

      3. Part 3: New Schedule 14A to the Wildlife and Countryside Act 1981

        1. Part 1 – orders made in accordance with paragraph 8 of Schedule 13A

        2. Part 2 – other orders

        3. Consultation

        4. Coming into operation

        5. Publicity for orders

        6. Abandoned surveys or reviews

        7. Irrelevant representations or objections and severance of orders

        8. Confirmation of orders

        9. Restriction on power to confirm orders with modifications

        10. Appointment of inspectors etc

        11. Hearings and local inquiries

      4. Part 3: Orders: general

      5. Part 4: Highways Act 1980

      6. Part 5: Consequential amendments

    116. Schedule 8: Provision of passenger rail services

      1. Consequential amendments

      2. Franchise exemptions granted by Secretary of State: protection of railway assets etc

      3. Minor correcting amendments

    117. Schedule 9: Road traffic legislation: use of vehicles in emergency response by NHS

    118. Schedule 10: Regulation of the use of roads and railways

      1. Part 1: Duration of driving licences to be granted to drivers with relevant or prospective disabilities

      2. Part 2: Permit schemes: removal of requirement for Secretary of State approval

      3. Part 3: Road humps

      4. Part 4: Pedestrian crossings: removal of requirement to inform Secretary of State

      5. Part 5: Off-road motoring events

      6. Part 6: Testing of vehicles

      7. Part 7: Rail vehicle accessibility regulations: exemption orders

    119. Schedule 11: Enforcement of transport legislation

      1. Part 1: Drink and drug driving offences

        1. Removal of “statutory option” to have breath specimen replaced: road and rail transport

        2. No need for preliminary breath test before evidential breath test: road transport

        3. Removing restriction that evidential breath test must be taken at police station: rail transport

        4. Healthcare professionals advising whether condition is due to drugs: road and rail transport

        5. Further extension of role of healthcare professionals: road and rail transport

        6. Extent and commencement: road and rail transport

        7. Application of Road Traffic Act provisions in shipping regime

        8. Application of Road Traffic Act provisions in aviation regime

      2. Part 2: Bus lane contraventions

    120. Schedule 12: Household waste: London

    121. Schedule 13: Other measures relating to animals, food and the environment

      1. Part 1: Destructive imported animals

      2. Part 2: Farriers

      3. Part 3: Joint waste authorities

      4. Part 4: Air quality

      5. Part 5: Noise abatement zones

    122. Schedule 14: Abolition of the Office of the Chief Executive of Skills Funding

    123. Schedule 15: Further and higher education: reduction of burdens

      1. Part 1: Measures applying to England and Wales

        1. Control of interest rates on loans

        2. Powers of Secretary of State in relation to local authority maintained institutions

        3. Transfer of property etc

      2. Part 2: Measures applying to England only

        1. Control of governance of designated institutions conducted by companies

        2. Conversion of sixth form college corporations into further education corporations

        3. Power of Secretary of State in relation to local authority maintained institutions

        4. Regulation of teaching requirements for teaching staff and principals

    124. Schedule 16: Schools: reduction of burdens

      1. Responsibility for discipline

      2. Home-school agreements

      3. Determining school terms

      4. Staffing matters

      5. Publication of reports

    125. Schedule 17: Part to be inserted as Part 5A of the Licensing Act 2003

    126. Schedule 18: Amendments consequential on section 69

    127. Schedule 19: CLC practitioner services: consequential amendments

    128. Schedule 20: The Council for Licensed Conveyancers: other amendments

    129. Schedule 21: Poisons and explosives precursors

    130. Schedule 22: Removal of consultation requirements

      1. Part 1: Measures affecting England only

        1. National Parks and Access to the Countryside Act 1949: making of byelaws

        2. Pests Act 1954: designation of rabbit clearance areas

        3. Agriculture and Horticulture Act 1964: grading etc of horticultural produce

        4. Control of Pollution Act 1974: reduction of noise from plant or machinery

        5. Agriculture (Miscellaneous Provisions) Act 1976: metrication of measurements

        6. Forestry Act 1979: metrication of measurements

        7. Derelict Land Act 1982: grants for reclaiming or improving derelict land etc

        8. Horticultural Produce Act 1986: movement of horticultural produce

        9. Housing Act 1988: designation of Housing Action Trust Areas

        10. Land Drainage Act 1991: codes of practice

        11. Environment Act 1995: National Park grant

        12. Environment Act 1995: hedgerows

        13. Environment Act 1995: environmental subordinate legislation

        14. Local Government Act 1999: keeping of accounts by best value authorities

        15. Countryside and Rights of Way Act 2000: grants to conservation boards

        16. Fire and Rescue Services Act 2004: schemes for combining fire and rescue authorities

      2. Part 2: Measures affecting England and Wales

        1. Water Industry Act 1991: provision of sewers

        2. Local Government Act 2003: commencement of BID arrangements following appeal

    131. Schedule 23: Legislation no longer of practical use

      1. Part 1: Companies

      2. Part 2: Industry

        1. Newspaper Libel and Registration Act 1881

        2. Mining Industry Act 1920

        3. Mining Industry Act 1926

        4. Industry Act 1972 and Aircraft and Shipbuilding Industries Act 1977

        5. British Steel Act 1988

        6. European Communities (Definition of Treaties) (International Railway Tariffs Agreements) Order 1980

      3. Part 3: Energy

        1. Atomic Energy Act 1946

        2. Energy Act 1976

        3. Nuclear Industry (Finance) Act 1977

        4. Sustainable Energy Act 2003

        5. Electricity and Gas (Energy Efficiency Obligations) Orders

      4. Part 4: Transport

        1. Road Traffic Act 1988

        2. Subordinate legislation relating to railways

      5. Part 5: Environment

        1. Farm and Garden Chemicals Act 1967

        2. Merchant Shipping Act 1988

        3. Statutory Water Companies Act 1991

        4. Sea Fish (Conservation) Act 1992

        5. Highways (Assessment of Environmental Effects) Regulations 1988 and 1994

      6. Part 6: Animals and food

        1. Sea Fisheries Act 1868 and other fisheries legislation

        2. Agricultural Produce (Grading and Marking) Acts 1928 and 1931

        3. Breeding of Dogs Act 1973

        4. Animal Health Act 1981

        5. Milk: cessation of production

        6. Breeding and Sale of Dogs (Welfare) Act 1999

        7. Coal and Other Mines (Horses) Order

      7. Part 7: Education

      8. Part 8: Civil law

      9. Part 9: Criminal law

        1. Town Police Clauses Act 1847

      10. Part 10: Housing

        1. Housing Act 1988

  6. Commencement Dates

  7. Hansard References

  • Explanatory Notes Table of contents

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