Décision No 1224 du Conseil permanent
If, with respect to any provision made by an enactment, a Minister of the Crown is of the opinion— he may, subject to the following provisions of this section and sections 2 to 4 below, by order amend or repeal that enactment.
that the effect of the provision is such as to impose, or authorise or require the imposition of, a burden affecting any person in the carrying on of any trade, business or profession or otherwise, and
that, by amending or repealing the enactment concerned and, where appropriate, by making such other provision as is referred to in subsection (4)(a) below, it would be possible, without removing any necessary protection, to remove or reduce the burden or, as the case may be, the authorisation or requirement by virtue of which the burden may be imposed,
The reference in subsection (1)(b) above to reducing the authorisation or requirement by virtue of which a burden may be imposed includes a reference to shortening any period of time within which the burden may be so imposed.
In this section and sections 2 to 4 below, in relation to an order under this section,—
“ the existing provision ” means the provision by which the burden concerned is imposed or, as the case may be, is authorised or required to be imposed; and
“ the relevant enactment ” means the enactment containing the existing provision.
An order under this section shall be made by statutory instrument and may do all or any of the following— but no order shall be made under this section unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
make provision (whether by amending any enactment or otherwise) creating a burden which relates to the subject matter of, but is less onerous than that imposed by, the existing provision;
make such modifications of enactments as, in the opinion of the Minister concerned, are consequential upon, or incidental to, the amendment or repeal of the relevant enactment;
contain such transitional provisions and savings as appear to the Minister to be appropriate;
make different provision for different cases or different areas;
In this section and sections 2 to 4 below—
“ Minister of the Crown ” has the same meaning as in the Ministers of the Crown Act 1975 and includes the Scottish Ministers where the functions of a Minister of the Crown under this section have transferred to them under section 53 of the Scotland Act 1998 and “ Minister ” shall be construed accordingly;
“ burden ” includes a restriction, requirement or condition (including one requiring the payment of fees), together with—
any sanction (whether criminal or otherwise) for failure to observe the restriction or to comply with the requirement or condition; and
any procedural provisions (including provisions for appeal) relevant to that sanction; and
“ enactment ”, subject to subsection (6) below, means an enactment contained in this Act or in any other Act passed before or in the same Session as this Act, or any provision of an order under this section.
In paragraph (c) of subsection (5) above—
“ Act ” does not include anything contained in Northern Ireland legislation, within the meaning of section 24 of the Interpretation Act 1978; and
the reference to an enactment is a reference to an enactment as for the time being amended, extended or applied by or under any Act mentioned in that paragraph.
Where a restriction, requirement or condition is subject to a criminal sanction (as mentioned in subsection (5)(b)(i) above), nothing in this section shall authorise the making of an amendment which would have the effect of leaving the restriction, requirement or condition in place but producing a different criminal sanction or altering any procedural provisions relevant to the criminal sanction.
If an order under section 1 above creates a new criminal offence, then, subject to subsections (2) and (3) below, that offence shall not be punishable—
on indictment with imprisonment for a term of more than two years; or
on summary conviction with imprisonment for a term exceeding six months or a fine exceeding level 5 on the standard scale or both.
In the case of an offence which, if committed by an adult, is triable either on indictment or summarily and is not an offence triable on indictment only by virtue of— the reference in subsection (1)(b) above to level 5 on the standard scale shall be construed as a reference to the statutory maximum.
Part V of the Criminal Justice Act 1988, or
section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995,
If an order under section 1 above abolishes an offence contained in the relevant enactment and the maximum penalties for that offence are greater than those specified in subsection (1) above, the order may create a new criminal offence having maximum penalties not exceeding those applicable to the offence which is abolished.
An order under section 1 above shall not contain any provision— unless, and then only to the extent that, a provision to that effect is contained in the relevant enactment and is abolished by the order.
providing for any forcible entry, search or seizure, or
compelling the giving of evidence,
Before a Minister makes an order under section 1 above, he shall—
consult such organisations as appear to him to be representative of interests substantially affected by his proposals; and
consult such other persons as he considers appropriate.
If it appears to the Minister, as a result of the consultation required by subsection (1) above, that it is appropriate to vary the whole or any part of his proposals, he shall undertake such further consultation with respect to the variations as appears to him to be appropriate.
If, after the conclusion of— the Minister considers it appropriate to proceed with the making of an order under section 1 above, he shall lay before Parliament or, where the Minister is a Scottish Minister, before the Scottish Parliament a document containing his proposals in the form of a draft of the order, together with details of the matters specified in subsection (4) below.
the consultation required by subsection (1) above, and
any further consultation undertaken as mentioned in subsection (2) above,
The matters referred to in subsection (3) above are—
the burden, authorisation or requirement which it is proposed to remove or reduce;
whether the existing provision affords any necessary protection and, if so, how that protection is to be continued if the burden, authorisation or requirement is removed or reduced;
whether any savings in cost are estimated to result from the proposals and, if so, either the estimated amount or the reasons why savings should be expected;
any other benefits which are expected to flow from the removal or reduction of the burden, authorisation or requirement;
any consultation undertaken as required by subsection (1) or subsection (2) above;
any representations received as a result of that consultation; and
the changes (if any) which the Minister has made to his original proposals in the light of those representations.
In giving details of the representations referred to in subsection (4)(f) above, the Minister shall not disclose any information relating to a particular person or business except—
with the consent of that person or of the person carrying on that business; or
in such a manner as not to identify that person or business.
If, before the day on which this section comes into force, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of subsection (1) above, those requirements shall to that extent be taken to have been satisfied.
Where a document has been laid before Parliament under section 3(3) above, no draft of an order under section 1 above to give effect (with or without variations) to proposals in that document shall be laid before Parliament until after the expiry of the period for Parliamentary consideration, as defined in subsection (2) below.
In this section “ the period for Parliamentary consideration ”, in relation to a document, means the period of sixty days beginning on the day on which it was laid before Parliament.
In reckoning the period of sixty days referred to in subsection (2) above, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days and, in relation to the Scottish Parliament, no account shall be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days..
In preparing a draft of an order under section 1 above to give effect, with or without variations, to proposals in a document laid before Parliament under section 3(3) above, the Minister concerned shall have regard to any representations made during the period for Parliamentary consideration and, in particular, to any resolution or report of, or of any committee of, either House of Parliament with regard to the document.
Together with a draft of an order laid before Parliament under section 1(4) above, the Minister concerned shall lay a statement giving details of—
any representations, resolution or report falling within subsection (4) above; and
the changes (if any) which, in the light of any such representations, resolution or report, the Minister has made to his proposals as contained in the document previously laid before Parliament under section 3(3) above.
Subsection (5) of section 3 above shall apply in relation to the representations referred to in subsection (5)(a) above as it applies in relation to the representations referred to in subsection (4)(f) of that section.
If, with respect to any provision made by an enactment, a Minister of the Crown is of the opinion— he may, subject to the following provisions of this section, by order exercise the power or powers accordingly.
that the effect of the provision is such as to impose, or authorise or require the imposition of, a restriction, requirement or condition affecting any person in the carrying on of any trade, business or profession or otherwise, and
that, by exercising any one or more of the powers conferred by Schedule 1 to this Act, it would be possible, without jeopardising any necessary protection, to improve (so far as fairness, transparency and consistency are concerned) the procedures for enforcing the restriction, requirement or condition,
No order shall be made under this section in any case where the sole or main effect which the restriction, requirement or condition may be expected to have on each person on whom it is imposed is an effect on him in his personal capacity, and not as a person carrying on a trade, business or profession.
Where the relevant enactment— the Minister shall consult with that person before he makes an order under this section.
contains a power for the Minister to make regulations or orders; and
provides for that power to be exercisable so as to give effect, with or without modifications, to proposals submitted by some other person,
An order under this section shall be made by statutory instrument and may do all or any of the following— and a statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
make provision as to the consequences of any failure to comply with a provision made by the order;
contain provisions (including provisions modifying enactments relating to the periods within which proceedings must be brought) which are consequential upon, or supplemental or incidental to, the provisions made by the order;
contain such transitional provisions and savings as appear to the Minister to be appropriate;
make different provision for different cases or different areas;
Nothing in any order made under this section shall—
preclude an enforcement officer from taking immediate enforcement action against any person, or from requiring any person to take immediate remedial action, in any case where it appears to the officer to be necessary to take such action or impose such a requirement; or
require such an officer to disclose any information the disclosure of which would be contrary to the public interest.
In this section and Schedule 1 to this Act—
“ Minister of the Crown ” and “ Minister ” have the same meanings as in section 1 above;
“enactment” does not include an enactment contained in Northern Ireland legislation but, subject to that, includes an enactment contained in an Act (whenever passed) and an enactment contained in subordinate legislation (whenever made);
the holder of an office the remuneration in respect of which is paid out of money provided by Parliament;
“remedial action” means action taken by any person in order to avoid enforcement action being taken against him;
“Minister” has the same meaning as Minister of the Crown has in the Ministers of the Crown Act 1975;
“heavy commercial vehicle” and “road” have the same meanings as in the 1984 Act;
the registrar of companies for England and Wales, Scotland or Northern Ireland; and
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
“re-enactment order” has the meaning given by subsection (6) above; and
Northern Ireland legislation within the meaning of section 24 of the Interpretation Act 1978; and
After section 652 there shall be inserted—
Section 653 (objection to striking off by persons aggrieved) shall be amended as follows. In subsection (1)— After subsection (2) there shall be inserted— In subsection (3)—
the person against whom enforcement action may be or has been taken;
652E(1) Person breaching or failing to perform duty imposed by section 652B or 652C. 1. On indictment. A fine. 2. Summary. The statutory maximum. 652E(2) Person failing to perform duty imposed by section 652B(6) or 652C(2) with intent to conceal the making of application under section 652A. 1. On indictment. 7 years or a fine; or both. 2. Summary. 6 months or the statutory maximum; or both. 652F(1) Person furnishing false or misleading information in connection with application under section 652A. 1. On indictment. A fine. 2. Summary. The statutory maximum. 652F(2) Person making false application under section 652A. 1. On indictment. A fine. 2. Summary. The statutory maximum.
The Secretary of State shall by order prescribe model provisions with respect to appeals against enforcement action with a view to their being incorporated, if thought fit and with or without modifications, in enactments to which subsection (2) below applies.
This subsection applies to enactments which include provision the effect of which is to impose, or authorise or require the imposition of, a restriction, requirement or condition affecting any person in the carrying on of any trade, business or profession or otherwise.
The Secretary of State shall perform his duty under this section in the manner which he considers is best calculated to secure—
that appeals determined in accordance with the model provisions are determined without unnecessary delay; and
that the costs or expenses incurred by the parties to appeals so determined are kept to the minimum.
Model provisions prescribed by an order under this section may provide for the appointment of persons to hear and determine appeals and confer powers on persons so appointed, including in particular—
power to appoint experts and their own counsel or solicitor;
power to require respondents to disclose documents and other material;
power to summon or, in Scotland, to cite witnesses;
power to make interim orders, including orders staying or, in Scotland, suspending enforcement action; and
power to award costs or expenses to appellants and, in certain cases, against them.
Model provisions so prescribed may also—
confer a right for interested persons to make representations before enforcement action is taken;
require the giving of reasons to such persons for any decision to take such action;
require appellants to state their grounds of appeal and respondents to furnish statements by way of answer;
enable appellants to amend their grounds of appeal before the hearing;
require appeals to be determined on the merits rather than by way of review; and
provide for further appeals to courts on points of law.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
in relation to a Minister, means any person in the civil service of the Crown who is serving in his department;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
“enactment” does not include anything contained in Northern Ireland legislation but, subject to that, includes an enactment contained in an Act (whenever passed) ... an enactment contained in subordinate legislation (whenever made) , 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);
“office-holder” does not include a Minister, an officer of either House of Parliament, the Parliamentary Commissioner for Administration or the Health Service Commissioner for England, for Wales or for Scotland but, subject to that, means—
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
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;
The Secretary of State shall by order prescribe model provisions with respect to appeals against enforcement action with a view to their being incorporated, if thought fit and with or without modifications, in enactments to which subsection (2) below applies.
This subsection applies to enactments which include provision the effect of which is to impose, or authorise or require the imposition of, a restriction, requirement or condition affecting any person in the carrying on of any trade, business or profession or otherwise.
The Secretary of State shall perform his duty under this section in the manner which he considers is best calculated to secure—
that appeals determined in accordance with the model provisions are determined without unnecessary delay; and
that the costs or expenses incurred by the parties to appeals so determined are kept to the minimum.
Model provisions prescribed by an order under this section may provide for the appointment of persons to hear and determine appeals and confer powers on persons so appointed, including in particular—
power to appoint experts and their own counsel or solicitor;
power to require respondents to disclose documents and other material;
power to summon or, in Scotland, to cite witnesses;
power to make interim orders, including orders staying or, in Scotland, suspending enforcement action; and
power to award costs or expenses to appellants and, in certain cases, against them.
Model provisions so prescribed may also—
confer a right for interested persons to make representations before enforcement action is taken;
require the giving of reasons to such persons for any decision to take such action;
require appellants to state their grounds of appeal and respondents to furnish statements by way of answer;
enable appellants to amend their grounds of appeal before the hearing;
require appeals to be determined on the merits rather than by way of review; and
provide for further appeals to courts on points of law.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
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In the Fair Trading Act 1973, after section 56 there shall be inserted—
Schedule 2 to this Act (sectoral regulators) shall have effect.
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Section 57 of the Fair Trading Act 1973 shall be amended as follows.
In subsection (1) (which defines “newspaper proprietor” and explains references to the newspapers of a newspaper proprietor) for the words from the beginning of paragraph (b) to the end of the subsection there shall be substituted—
In subsection (2) (definition of “transfer of a newspaper or of newspaper assets”) in paragraph (a), for “, a newspaper proprietor in relation to a newspaper;” there shall be substituted —.
In subsection (4) (definition of “controlling interest”) before “controlling” there shall be inserted “primary”.
After that subsection there shall be inserted—
Subsections (1) to (5) above shall be deemed always to have had effect.
Section 8 of the Monopolies and Mergers Act 1965 shall be deemed never to have applied to a transaction to which it would not have applied had there been in force at the time of the transaction amendments of that Act corresponding to the amendments of the Fair Trading Act 1973 made by this section.
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In section 75G of the Fair Trading Act 1973 (acceptance of undertakings) subsections (2) and (3) (under which undertakings are limited to divestment matters) shall cease to have effect.
In section 75K of that Act (order of Secretary of State where undertaking not fulfilled) in subsection (2) (powers which he may exercise by order) for “powers specified in paragraphs 9A and 12 to 12C and Part II of Schedule 8 to this Act” there shall be substituted “relevant powers”.
In that section, there shall be inserted at the end—
In the Restrictive Trade Practices Act 1976, after section 27 there shall be inserted—
In section 42(1) of that Act (statutory instruments subject to negative resolution procedure) in paragraph (a) (orders) after “18(5)” there shall be inserted “, 27A(1)(b)”.
“non-notifiable agreement” has the meaning given by section 27A(1) above;
Schedule 3 to this Act (which modifies the 1976 Act in relation to non-notifiable agreements) shall have effect.
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Schedule 4 to this Act (which makes provision about sectoral regulators and with respect to transition) shall have effect.
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In section 7 of the Building Societies Act 1986 (power to raise funds) after subsection (2) there shall be inserted—
The Building Societies Act 1986 shall be amended as follows.
In section 10 (advances secured on land), after subsection (4) there shall be inserted—
In section 11, in subsection (2) (definition of class 1 advances)—
in paragraph (b), at the beginning there shall be inserted “where the advance is not an advance secured on third party land,”,
after that paragraph, there shall be inserted—, and
in paragraph (c), for the words from “mortgage debt” to “land)” there shall be substituted “outstanding amount secured by a mortgage of the land in favour of the society)”.
In subsection (3) of that section (when requirement as to use of land for residential purposes to be treated as satisfied) the words from “the requirement” to the end shall become paragraph (a) and at the end there shall be inserted—
In subsection (4) of that section (definition of class 2 advances) in paragraph (c), for the words from “mortgage debt” to “land)” there shall be substituted “outstanding amount secured by a mortgage of the land)”.
In section 12 (class 1 and class 2 advances: supplementary provisions) after subsection (5) there shall be inserted—
In section 12(10) (reclassification of class 1 and class 2 advances following a material change of circumstances)—
in paragraph (c), there shall be inserted at the beginning “in the case of an advance which is not an advance secured on third party land”, and
for “or” at the end of that paragraph there shall be substituted—.
In section 16 (power to lend to individuals otherwise than by class 1 or 2 advances) in subsection (15) (reclassification of loans under section 16 as class 1 or 2 advances)—
in paragraph (b), there shall be inserted at the beginning “where the mortgage is granted by the borrower,”, and
for the words from “or” at the end of paragraph (b) to “notice” in paragraph (c) there shall be substituted—.
In the Building Societies Act 1986, after section 14 there shall be inserted—
Where, immediately before the day on which this section comes into force, a building society is entitled to exercise powers conferred by section 18 of the Building Societies Act 1986 in relation to— the society shall be deemed to have adopted the power conferred by section 14A of that Act in accordance with sub-paragraph (1) of paragraph 4 of Schedule 2 to that Act (alteration of powers by the adoption of an adoptable power) and to have determined under sub-paragraph (3) of that paragraph (duty to determine the date on which it intends the alteration to take effect) that it intends the alteration to take effect on the day on which this section comes into force.
bodies of the description specified in Part I of the Schedule to the Building Societies (Designation of Qualifying Bodies) Order 1992 (appropriate lending vehicle), or
bodies of the description specified in item 9 of Part I of the Schedule to the Building Societies (Designation of Qualifying Bodies) (No. 3) Order 1993 (lending body),
In relation to a deemed alteration under subsection (2) above, Schedule 2 to the Building Societies Act 1986 shall have effect with the following modifications—
in paragraph 4(2)(b) (statutory declaration by secretary with respect to alteration) for the words from “a resolution” to the end there shall be substituted “section 17(2) of the Deregulation and Contracting Out Act 1994 and that the record is a true record of the alteration”,
in paragraph 4(4) (functions of central office on receipt of record of alteration) the words from “and the central office” to “under it” shall be omitted, and
in paragraph 16(3) (declaration by society of non-anticipation of powers) in paragraphs (a) and (b), the words “and expired with the date of the meeting at which the power was adopted” shall be omitted.
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In the Licensing (Scotland) Act 1976, after section 63 there shall be inserted—
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In section 168 of the Licensing Act 1964 (children prohibited from bars) after subsection (3) there shall be inserted—
After that section there shall be inserted—
After Schedule 12 to that Act there shall be inserted the Schedule set out in Schedule 7 to this Act (supplementary provisions).
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The Betting, Gaming and Lotteries Act 1963 shall be amended as set out in subsections (2) to (5) below.
In section 5(1), for “Good Friday, Christmas Day or Sunday” there shall be substituted “Good Friday or Christmas Day”.
After section 31 there shall be inserted—
In Schedule 4, in paragraph 1, for “Good Friday, Christmas Day and every Sunday” there shall be substituted “Good Friday and Christmas Day”.
After Schedule 5 there shall be inserted the Schedule set out in Schedule 8 to this Act.
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Part II (conditions of employment), and
section 67 (business of hairdresser or barber not to be carried on in Scotland on Sunday),
In Part II of the Charities Act 1992 (control of fund-raising for charitable institutions) section 58(1) (definitions) shall be amended as follows.
In the definition of “commercial participator”, after “person” there shall be inserted “ (apart from a company connected with the institution) ”.
In paragraph (a) of the definition of “professional fund-raiser”, after “institution” there shall be inserted “ or a company connected with such an institution ”.
Section 63 of the Charities Act 1992 (which makes it an offence to solicit property for an institution while falsely representing that it is a registered charity) shall be amended as follows.
After subsection (1) there shall be inserted—
In subsection (2) (meaning of “registered charity”) for the words “subsection (1)” there shall be substituted “ this section ”.
In section 67 of the Charities Act 1992 (applications for permits to conduct public charitable collections) paragraph (b) of subsection (3) (which provides that an application shall not be made more than six months before the relevant day) and the word “but” immediately preceding it shall be omitted.
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Section 43 of the Annual audit or examination of charity accounts.Charities Act 1993 (annual audit or examination of charity accounts) shall be amended as follows.
In subsection (3) (which requires a charity’s accounts for a financial year to be audited or independently examined if its gross income and total expenditure in that year, and each of the two previous financial years, is £100,000 or less) after “a charity” there shall be inserted “and its gross income or total expenditure in that year exceeds £10,000”.
In subsection (8) (power of Secretary of State to amend sum specified in subsection (1)) after “(1)” there shall be inserted “or (3)”.
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Section 48 of the Charities Act 1993 (annual returns by registered charities) shall be amended as follows.
In subsection (1) (duty to prepare annual return) at the beginning there shall be inserted “Subject to subsection (1A) below,”.
After subsection (1) there shall be inserted—
At the end there shall be inserted—
Schedule 9 to this Act (which contains provisions designed to facilitate the uniting of enforcement functions relating to slaughterhouses and knackers’ yards) shall have effect.
In Schedule 1 to the Building Act 1984 (building regulations) in paragraph 11(1), after paragraph (b) there shall be insertedor .
In section 14 of that Act (consultation) there shall be inserted at the end—
In section 34 of the Environmental Protection Act 1990 (duty of care etc. as respects controlled waste), after subsection (4) there shall be inserted—
Subsection (1) above shall be deemed always to have had effect, except in relation to any proceedings for failure to comply with the duty imposed by section 34(1) of that Act which were commenced before the coming into force of subsection (1) above.
Where any such proceedings have not been disposed of before the coming into force of subsection (1) above, it shall be a defence to show that the conduct in question would not have constituted a breach of the duty concerned had subsection (1) above been in force at the time.
Subsection (3) below applies to any order having effect under or by virtue of section 6 (orders similar to traffic regulation orders) or 9 (experimental traffic orders) of the Road Traffic Regulation Act 1984 (“the 1984 Act”) which provides for a relevant traffic control to be subject to a relevant exception, being an order in relation to which the appropriate authority is a London borough council or the Common Council of the City of London.
For the purposes of this section—
a relevant traffic control is a prohibition or restriction on the use of a road for traffic which does not apply to motor vehicles generally but applies to some or all heavy commercial vehicles, and
a relevant exception is an exception whose application, in the case of any heavy commercial vehicles, depends to any extent on the exercise of a delegated discretion.
The Secretary of State may, for the purpose of replacing a relevant exception to a relevant traffic control with such other exception as he thinks fit, by order make any such variation of an order to which this subsection applies as the appropriate authority may make.
The Secretary of State shall only exercise the power conferred by subsection (3) above if he is satisfied that doing so—
will have the effect that less of a burden is imposed on the carrying on of business, and
will not have the effect of removing any necessary protection.
The Secretary of State may, for the purpose of amending as he thinks fit an exception introduced under subsection (3) above (including such an exception as amended), by order make any such variation of the order varied under that subsection as the appropriate authority may make.
The Secretary of State may, for the purpose of amending as he thinks fit a provision of an order having effect under or by virtue of section 6 or 9 of the 1984 Act which re-enacts (with or without modification) an exception introduced under subsection (3) above (including such an exception as amended) (“a re-enactment order”), by order make any such variation of the order as the appropriate authority may make.
The Secretary of State shall only exercise the power conferred by subsection (5) or (6) above if he is satisfied—
that, if he does so, it will still be the case that less of a burden is imposed on the carrying on of business than was imposed before the replacement under subsection (3) above, and
that doing so will not have the effect of removing any necessary protection.
Paragraphs 35 to 37 of Part VI of Schedule 9 to the 1984 Act (validity of certain orders) shall apply to an order under this section as they apply to an order to which that Part applies; and in those paragraphs, in their application by virtue of this subsection—
“the relevant powers” means the powers conferred by this section with respect to the order in question, and
“the relevant requirements” means the requirements of this section with respect to that order.
Before making any order under this section, the Secretary of State shall consult with such representative organisations as he thinks fit; and any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where in the case of any order proposed to be made by the council of a London borough or the Common Council of the City of London under or by virtue of section 6 or 9 of the 1984 Act, it is proposed to include in the order any provision— the order shall not be made except with the consent of the Secretary of State.
varying or revoking an order under this section,
varying or revoking an order having effect under or by virtue of section 6 or 9 of that Act which is varied by an order under this section, or
varying or revoking a re-enactment order,
Where, in the case of any order proposed to be made by the council of a London borough or the Common Council of the City of London under or by virtue of section 9 of the 1984 Act, it is proposed to include in the order provision under section 10(1)(a) of that Act relating to— the order shall not be made except with the consent of the Secretary of State.
an order under this section,
an order having effect under or by virtue of section 6 or 9 of that Act which is varied by an order under this section, or
a re-enactment order,
In this section—
“Minister” has the same meaning as Minister of the Crown has in the Ministers of the Crown Act 1975;
“heavy commercial vehicle” and “road” have the same meanings as in the 1984 Act;
“office-holder” has the same meaning as in Part II of this Act.
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
Schedule 10 to this Act (which provides for the replacement of licensing in relation to employment agencies etc.) shall have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 22C(1)(e) of the Industrial Relations (Northern Ireland) Order 1976 (corresponding provision for Northern Ireland) shall be omitted.
The appropriate authority may by regulations repeal or, as the case may be, revoke—
any provision which is an existing statutory provision for the purposes of Part I of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”),
any provision of regulations under section 15 of the 1974 Act (health and safety regulations) which has effect in place of a provision which was an existing statutory provision for the purposes of that Part,
any of the relevant nuclear provisions,
any provision which is an existing statutory provision for the purposes of the Health and Safety at Work (Northern Ireland) Order 1978 (“the 1978 Order”), or
any provision of regulations under section 74 of the Energy Act 2013 which has effect in place of any of the relevant nuclear provisions,
any provision of regulations under Article 17 of the 1978 Order (health and safety regulations) which has effect in place of a provision which was an existing statutory provision for the purposes of that Order.
Before making regulations under subsection (1) above, the appropriate authority shall consult— and, in either any case, such other persons as the appropriate authority considers appropriate.
in the case of regulations under paragraph (a) or (b) of that subsection, the Health and Safety Commission,
in the case of regulations under paragraph (a) of that subsection repealing or revoking a provision specified in section 117(4) of the Railways Act 1993, the Office of Rail and Road ,
in the case of regulations under paragraph (c) or (d) of that subsection, the Health and Safety Agency for Northern Ireland,
in the case of regulations under paragraph (a) of that subsection not falling within paragraph (a) of this subsection, the Health and Safety Executive ,
in the case of regulations under paragraph (b) of that subsection revoking a provision of regulations which make provision exclusively in relation to transport systems falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005, the Office of Rail and Road,
in the case of regulations under paragraph (b) of that subsection not falling within paragraph (ab) of this subsection, the Health and Safety Executive ,
in the case of regulations under paragraph (ba) or (bb) of that subsection, the Office for Nuclear Regulation,
Instead of consulting such other persons as the appropriate authority considers it appropriate to consult under subsection (2) above, the authority may require the Health and Safety Commission or, as the case may be, the Health and Safety Agency for Northern Ireland the required consultee to consult such persons as it considers appropriate for the purpose of deciding how it should respond to consultation under that subsection.
Instead of consulting a person whom the appropriate authority considers it appropriate to consult under subsection (2) above, the authority may require the Health and Safety Commission or, as the case may be, the Health and Safety Agency for Northern Ireland the required consultee to consult the person for the purpose of deciding how it should respond to consultation under that subsection.
In subsections (3) and (4), “ the required consultee ” means the body which the appropriate authority is required to consult by virtue of subsection (2)(a) to (b).
The appropriate authority may require consultation under subsection (3) or (4) above to be carried out in accordance with the authority’s directions.
Regulations under subsection (1) above may contain such transitional provisions and savings as the appropriate authority considers appropriate.
Regulations under paragraph (a) (b), (ba) or (bb) of subsection (1) above shall be made by statutory instrument, and no instrument shall be made under that paragraph unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
Regulations under subsection (1)(c) or (d) above—
shall be statutory rules for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and
shall be subject to affirmative resolution, as defined in section 41(4) of the Interpretation Act (Northern Ireland) 1954, as if they were statutory instruments within the meaning of that Act.
In this section, “appropriate authority”—
in relation to regulations under subsection (1)(a) (b), (ba) or (bb) above, means the Secretary of State, and
in relation to regulations under subsection (1)(c) or (d) above, means the Department concerned (within the meaning of the 1978 Order, but as if any reference to that Order included a reference to this section).
In subsection (1), “ the relevant nuclear provisions ” means— so far as they have effect in England and Wales or Scotland.
sections 1, 3 to 5, 22 and 24A of the Nuclear Installations Act 1965,
section 6 of that Act, so far as it relates to sites in respect of which nuclear site licences (within the meaning of that Act) have been granted, and
any regulations made under any of those sections,
After section 87 of the Children Act 1989 there shall be inserted—
Schedule 11 to this Act (which contains amendments consequential on certain provisions of this Chapter) shall have effect.
The following provisions of this Chapter extend to England and Wales only— sections 18(1), 19, 20(3), 21, 25 to 30, 32, 34 and 38, paragraphs 8 to 10 of Schedule 2, Schedules 7 and 8, and paragraph 2 of Schedule 9.
Sections 18(2), 22 and 24(b) and paragraph 3 of Schedule 9 extend to Scotland only.
The following provisions of this Chapter extend to Northern Ireland only— sections 13(2) and 36(2), paragraphs 5, 6(2) and 7(2) of Schedule 2, Schedule 6, and paragraphs 2 and 5 of Schedule 10.
The following provisions of this Chapter also extend to Northern Ireland— sections 7 to 12, sections 15 to 17, sections 35, 37 and 39, this section, paragraphs 1 to 3 and 15 of Schedule 2, Schedule 3, paragraphs 1 and 5 to 8 of Schedule 4, and paragraph 3 of Schedule 10.
The extent of any amendment of an enactment in paragraph 2 or 3 of Schedule 4 to this Act or Schedule 11 to this Act is the same as that of the enactment amended.
Subject to subsections (3) to (5) above, this Chapter does not extend to Northern Ireland.
In this Chapter “the 1968 Act” means the Transport Act 1968.
In section 61 of the 1968 Act (authorised vehicles) for subsection (1) there shall be substituted—
For subsections (3) and (4) of that section there shall be substituted—
After that section there shall be inserted—
After section 63(4) of the 1968 Act (which requires objections to the grant or variation of operators’ licences to be made within the prescribed time and in the prescribed manner) there shall be inserted—
For section 64 of the 1968 Act there shall be substituted—
In section 69B of the 1968 Act (objection to, and refusal or modification of, applications for operators’ licences on environmental grounds) for subsection (5) there shall be substituted—
After section 64A of the 1968 Act (set out in section 44 above) there shall be inserted—
For section 67 of the 1968 Act there shall be substituted—
For section 68 of the 1968 Act there shall be substituted—
For section 69D of the 1968 Act there shall be substituted—
Section 69 of the 1968 Act (revocation, suspension and curtailment of operators’ licences) shall be amended as follows.
For subsections (1) and (2) there shall be substituted—
For subsection (5) there shall be substituted—
At the end of subsection (7) there shall be added “ and any reference below in this section to subsection (5) or to subsection (6) includes that subsection as it applies by virtue of this subsection.. ”
For subsection (8) there shall be substituted—
For section 69E of the 1968 Act there shall be substituted—
After section 69E of the 1968 Act there shall be inserted—
After Schedule 8 to the 1968 Act there shall be inserted the Schedule set out in Schedule 12 to this Act.
After section 69H of the 1968 Act (set out in Schedule 13 to this Act) there shall be inserted—
After section 69I of the 1968 Act (set out in section 51 above) there shall be inserted—
For section 70 of the 1968 Act there shall be substituted—
After section 85 of the 1968 Act there shall be inserted—
For section 86 of the 1968 Act there shall be substituted—
For section 89 of the 1968 Act there shall be substituted—
The 1968 Act shall have effect with the further amendments set out in Part I of Schedule 13 to this Act.
The enactments mentioned in Part II of that Schedule shall have effect with the amendments set out in that Part.
In this Chapter “the 1981 Act” means the Public Passenger Vehicles Act 1981.
The 1981 Act shall be amended as follows.
After section 14(3) (which provides that an application for a PSV operator’s licence shall not be granted unless there will be adequate facilities or arrangements for maintaining the vehicles proposed to be used under the licence etc.) there shall be inserted—
After section 14(4) there shall be inserted—
In section 16(6) (which provides that, on the application of the holder of a PSV operator’s licence, a traffic commissioner may vary or remove conditions attached to the licence) after paragraph (b) there shall be inserted—or .
After section 16(6) there shall be inserted—
In section 17(3) (which sets out the grounds on which a licence may be revoked, suspended or varied under section 17(2)) after paragraph (a) there shall be inserted—.
After section 14A(2) of the 1981 Act (which requires objections to applications for PSV operators’ licences to be made within the prescribed time and in the prescribed manner) there shall be inserted—
In section 15 of the 1981 Act (duration of licences) for the words from “and the date on which it is to expire” to the end there shall be substituted—
Section 17 of the 1981 Act (revocation, suspension etc. of licences) shall be amended as follows.
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After subsection (5) there shall be inserted—
Section 18 of the 1981 Act (duty to exhibit operator’s disc) shall be amended as follows.
For subsection (2) (which requires the holder of a PSV operator’s licence to be supplied with a number of operators’ discs equal to the maximum number of vehicles that he may use under the licence) there shall be substituted—
In subsection (3) (provision that may be made by regulations)—
after paragraph (a) there shall be inserted—, and
at the end there shall be added—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 49 of the 1981 Act there shall be inserted—
In section 50 of the 1981 Act (appeals to the Transport Tribunal) after subsection (4) there shall be inserted—
After section 56 of the 1981 Act there shall be inserted—
The 1981 Act shall be amended as follows.
In section 52(1)(a) (which sets out matters in respect of which the traffic commissioner for an area is to charge fees) after sub-paragraph (i) there shall be inserted—.
For section 52(2)(b) there shall be substituted—.
After section 52(2) there shall be inserted—
In section 60 (general power to make regulations for purposes of Act) for subsection (1)(e) there shall be substituted—.
Section 28 of the Transport Act 1985 (power to disqualify PSV operators) shall be amended as follows.
In subsection (2) (so long as a person is disqualified, no licence shall be granted to him and any obtained by him shall be of no effect) for the words from “no PSV” to the end there shall be substituted—
After subsection (2) there shall be inserted—
At the end of subsection (5) (the traffic commissioner may exercise his powers under section 28 in relation to officers of corporate licence-holders and partners of licence-holders) there shall be added— “ and any reference in subsection (6A) below to subsection (1) above or to subsection (4) above includes that subsection as it applies by virtue of this subsection. ”
After subsection (6) there shall be inserted—
The 1981 Act and the Transport Act 1985 shall have effect with the further amendments set out in Schedule 14 to this Act.
This section applies to any function of a Minister or office-holder—
which is conferred by or under any enactment; and
which, by virtue of any enactment or rule of law, may be exercised by an officer of his; and
which is not excluded by section 71 below.
If a Minister by order so provides, a function to which this section applies may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the office-holder or Minister whose function it is.
A Minister shall not make an order under this section in relation to an office-holder without first consulting him.
An order under this section may provide that a function to which this section applies may be exercised, and an authorisation given by virtue of such an order may (subject to the provisions of the order) authorise the exercise of such a function—
either wholly or to such extent as may be specified in the order or authorisation;
either generally or in such cases or areas as may be so specified; and
either unconditionally or subject to the fulfilment of such conditions as may be so specified.
An authorisation given by virtue of an order under this section—
shall be for such period, not exceeding 10 years, as is specified in the authorisation;
may be revoked at any time by the Minister or office-holder by whom the authorisation is given; and
shall not prevent that Minister or office-holder or any other person from exercising the function to which the authorisation relates.
This section applies to any function of a local authority—
which is conferred by or under any enactment; and
which, by virtue of section 101 of the Local Government Act 1972 or section 56 of the Local Government (Scotland) Act 1973 or an enactment mentioned in subsection (1ZA) below, may be exercised by an officer of the authority; and
which is not excluded by section 71 below.
This section also applies to any function of a local authority—
if, and to the extent that, it is the responsibility of an executive of that local authority under executive arrangements, within the meaning of Part II of the Local Government Act 2000;
which is conferred by or under any enactment;
which, by virtue of any of sections 14 to 16, or any provisions made under sections 17 to 20, of the Local Government Act 2000 (provisions with respect to executive arrangements—discharge of functions etc. ), may be exercised by an officer of the local authority; and
which is not excluded by section 71 below.
If a Minister by order so provides, a function to which this section applies may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the local authority whose function it is.
The enactments referred to in subsection (1)(b) above are—
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section 38 or 380 of the Greater London Authority Act 1999 (delegation of functions exercisable by the Mayor of London);
paragraph 7 of Schedule 10 to that Act (delegation by Transport for London).
A Minister shall not make an order under this section in relation to a local authority without first consulting— as he considers appropriate.
in the case of an authority in England or Wales, such representatives of local government;
in the case of an authority in Scotland, such associations of local authorities,
In its application in relation to a local authority which is a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies or a fire and rescue authority created by an order under section 4A of that Act, subsection (1) above has effect as if paragraph (b) were omitted.
Subsections (4) and (5) of section 69 above shall apply for the purposes of this section as they apply for the purposes of that section; and in subsection (5) of that section as so applied any reference to the Minister or office-holder by whom the authorisation is given shall be construed as a reference to the local authority by which the authorisation is given.
In its application to a local authority which is a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, subsection (1) has effect as if for paragraph (b) there were substituted—
Where at any time— it shall be an implied term of those arrangements that, except with the consent of authority A, authority B shall not give any authorisation by virtue of the order in relation to that function.
an order is in force under this section in relation to any function of a local authority (“authority A”); and
arrangements are in force under section 101 of the Local Government Act 1972 or section 56 of the Local Government (Scotland) Act 1973 for the exercise of that function by another local authority (“authority B”),
In its application to a local authority which is a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, subsection (5) has effect as if the references to arrangements under section 101 of the Local Government Act 1972 were references to arrangements under regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021.
Any reference in subsection (5) above to arrangements under section 101 of the Local Government Act 1972 includes a reference to an authorisation under section 38 or 380 of the Greater London Authority Act 1999.
Where at any time— it shall be an implied term of those arrangements that authority B or, as the case may be, the executive of authority B, shall not give any authorisation by virtue of the order in relation to that function except with the consent of the executive of authority A.
an order is in force under this section in relation to any function of a local authority (“authority A”);
that function, to any extent, is the responsibility of an executive of authority A under executive arrangements, within the meaning of Part II of the Local Government Act 2000; and
arrangements are in force under regulations made under section 19 of the Local Government Act 2000 (discharge of functions of and by another local authority) for the exercise of that function, to any extent, by another local authority (“authority B”) or by any executive of authority B,
Subject to subsections (2) and (3) below, a function is excluded from sections 69 and 70 above if—
its exercise would constitute the exercise of jurisdiction of any court or of any tribunal which exercises the judicial power of the State; or
its exercise, or a failure to exercise it, would necessarily interfere with or otherwise affect the liberty of any individual; or
it is a power or right of entry, search or seizure into or of any property; or
it is a power or duty to make subordinate legislation.
Subsection (1)(b) and (c) above shall not exclude any function of the official receiver attached to any court.
Subsection (1)(c) above shall not exclude any function of a local authority under, or under regulations made under, any of the following enactments, namely—
section 247 of the Local Government (Scotland) Act 1947 (enforcement of non-domestic rates);
Part VI of the General Rate Act 1967 (distress for general rates);
paragraphs 7 and 7A of Schedule 2 and paragraph 11 of Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (enforcement of community charges and community water charges);
paragraphs 5 to 7 of Schedule 4 to the Local Government Finance Act 1988 (enforcement of community charge);
paragraph 3(2)(b) of Schedule 9 to that Act (enforcement of non-domestic rates);
section 48 of the Local Government Act 2003 (administration etc of BID levy) if the function corresponds to any function falling within paragraph (e) above,.
paragraphs 5 to 7 of Schedule 4 to the Local Government Finance Act 1992 (enforcement of council tax);
paragraphs 2 and 6 of Schedule 8 and paragraph 11 of Schedule 11 to that Act (enforcement of council tax and council water charge); ...
paragraph 2 of Schedule 10 to the Local Government etc. (Scotland) Act 1994 (enforcement of water and sewerage charges); and
sections 217 and 218 of the Planning Act 2008 (Community Infrastructure Levy: collection and enforcement).
This section applies where by virtue of an order made under section 69 or 70 above a person is authorised to exercise any function of a Minister, office-holder or local authority.
Subject to subsection (3) below, anything done or omitted to be done by or in relation to the authorised person (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done—
in the case of a function of a Minister or office-holder, by or in relation to the Minister or office-holder in his capacity as such;
in the case of a function of a local authority, by or in relation to that authority.
Subsection (2) above shall not apply—
for the purposes of so much of any contract made between the authorised person and the Minister, office-holder or local authority as relates to the exercise of the function, or
for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of his).
This section applies where—
by virtue of an order made under section 69 or 70 above a person is authorised to exercise any function of a Minister, office-holder or local authority; and
the order or authorisation is revoked at a time when a relevant contract is subsisting.
The authorised person shall be entitled to treat the relevant contract as repudiated by the Minister, office-holder or local authority (and not as frustrated by reason of the revocation).
In this section “relevant contract” means so much of any contract made between the authorised person and the Minister, office-holder or local authority as relates to the exercise of the function.
In so far as an office-holder to whom this section applies does not already have power to do so, he may authorise an officer of his to exercise any function of his which is conferred by or under any enactment.
Subject to subsection (3) below, anything done or omitted to be done by an officer so authorised in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the office-holder in his capacity as such.
Subsection (2) above shall not apply for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that subsection.
The office-holders to whom this section applies are—
the registrar of companies for England and Wales, Scotland or Northern Ireland;
the official receiver attached to any court;
the Comptroller-General of Patents, Designs and Trade Marks;
the Public Trustee;
a traffic commissioner;
the registrar of approved driving instructors;
the Registrar General of Births, Deaths and Marriages for Scotland;
the Keeper of the Registers of Scotland; and
the Keeper of the Records of Scotland.
Schedule 15 to this Act (which contains provisions modifying certain restrictions on the disclosure of information where functions of Ministers, office-holders or local authorities are contracted out) shall have effect.
Schedule 16 to this Act (which contains amendments and other provisions for facilitating or otherwise in connection with the contracting out of particular functions, whether in pursuance of an order made under section 69 or 70 above or otherwise) shall have effect.
An order under section 69 or 70 above—
shall be made by statutory instrument;
may contain provisions (including provisions modifying enactments) which are consequential upon, or supplemental or incidental to, the provisions made by the order which fall within subsection (2) of that section; and
may contain such transitional provisions and savings as appear to the Minister by whom the order is made to be appropriate.
No order shall be made under section 69 or 70 above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
The following provisions of this Part extend to Northern Ireland, namely—
sections 69 and 74 above;
the other provisions of this Part in so far as they relate to orders under section 69 or to functions of Ministers or office-holders; and
paragraphs 4, 24 and 25 of Schedule 16.
In so far as they relate to functions under enactments relating to patents, registered designs or trade marks, the provisions of this Part also extend to the Isle of Man, subject to such exceptions and modifications as Her Majesty may specify by Order in Council.
In this Part—
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
“office-holder” does not include a Minister, an officer of either House of Parliament, the Auditor General for Wales, the Parliamentary Commissioner for Administration, the Public Services Ombudsman for Wales ... , the Health Service Commissioner for England ... or the Scottish Public Services Ombudsman but, subject to that, means—
“the registrar of approved driving instructors” means the officer of the Secretary of State by whom the register of approved driving instructors established in pursuance of section 23 of the Road Traffic Act 1962 is compiled and maintained;
“Northern Ireland legislation” means—
Northern Ireland legislation within the meaning of section 24 of the Interpretation Act 1978; and
In relation to any time before 1st April 1996, subsection (1) above shall have effect as if, in paragraph (b) of the definition of “local authority”, for the words “county borough” there were substituted the word “ district ”.
Subject to subsection (4) below, this Part shall have effect as if—
any reference to a Minister included a reference to the Forestry Commissioners or to the Charity Commission;
any reference to an officer in relation to the Charity Commission were a reference to a member or member of staff of the Commission; and.
any reference to a local authority included references to a joint board and a joint committee.
Nothing in subsection (3) above shall be construed as enabling those Commissioners or that Commission ... to make an order under section 69 or 70 above ....
Subject to subsection (6) below, any function of an examiner or other officer of the Patent Office which is conferred by or under any enactment shall be treated for all purposes of this Part as if it were a function of the Comptroller-General of Patents, Designs and Trade Marks.
In any case where by virtue of an order made under section 69 above a person is authorised by that Comptroller to exercise any such function as is mentioned in subsection (5) above, section 72(2) above shall have effect as if for paragraphs (a) and (b) there were substituted the words “ by or in relation to an examiner or other officer of the Patent Office in his capacity as such ”.
In this Part, “local authority” in relation to England means—
a county council;
a district council;
a London borough council;
the Greater London Authority acting through the Mayor of London;
the Common Council of the City of London;
the sub-treasurer of the Inner Temple;
the under treasurer of the Middle Temple;
the Council of the Isles of Scilly;
a parish council;
a National Park authority;
a functional body within the meaning of the Greater London Authority Act 1999;
an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);
a joint authority established by Part 4 of that Act (fire and rescue services and transport);
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
a combined authority established under section 103 of that Act;
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
a fire and rescue authority created by an order under section 4A of that Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any body specified for the purposes of this paragraph by regulations under section 79C.
In this Part, “ local authority ” in relation to Wales means—
a county council;
a county borough council;
a community council;
a National Park authority;
a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;
a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990;
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any body specified for the purposes of this paragraph by regulations under section 79C.
The Secretary of State may by regulations made by statutory instrument specify for the purposes of section 79A(q) or 79B(h) any body which is (or any class of bodies each of which is)–
a levying body, within the meaning of section 74 of the Local Government Finance Act 1988;
a body to which section 75 of that Act applies (bodies with power to issue special levies);
a body to which section 118 of that Act applies (other bodies with levying powers);
a local precepting authority as defined in section 69 of the Local Government Finance Act 1992.
Regulations under subsection (1)—
may provide for this Part to have effect, in relation to a body specified under that subsection, subject to exceptions or modifications;
may contain transitional provisions and savings.
Any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
There shall be paid out of money provided by Parliament—
any sums required by a Minister of the Crown, an office-holder or the Forestry Commissioners for making payments under contracts entered into under or by virtue of Part II of this Act;
any administrative expenses incurred by a Minister of the Crown or office-holder in consequence of the provisions of this Act; and
any increase attributable to this Act in the sums so payable under any other Act.
In this section—
“officer”—
“office-holder” has the same meaning as in Part II of this Act.
The enactments mentioned in Schedule 17 to this Act (which include enactments which are spent) are hereby repealed to the extent specified in the third column of that Schedule.
The extent of any repeal in that Schedule of an enactment is the same as that of the enactment repealed.
This Act may be cited as the Deregulation and Contracting Out Act 1994.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
sections 7, 9, 10, 12, 15, 16, 17, 20, 21 and 31,
Schedules 2 to 4,
Schedule 8,
Schedule 9,
section 39 and Schedule 11 so far as relating to sections 93A and 133 of the Fair Trading Act 1973, the Energy Act 1976, the Competition Act 1980, the Building Societies Act 1986, the Financial Services Act 1986, the Companies Act 1989 and the Companies (Northern Ireland) Order 1990,
Part II, and
section 81 and Schedule 17 so far as relating to the Fair Trading Act 1973, the Competition Act 1980, the Telecommunications Act 1984, the Gas Act 1986, the Building Societies Act 1986, the Financial Services Act 1986, the Electricity Act 1989, the Companies Act 1989, the Companies (Northern Ireland) Order 1990, the Electricity (Northern Ireland) Order 1992 and the Railways Act 1993.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter I of Part I,
sections 14, 18, 25 to 30, 32 to 34 and 37,
section 39 and Schedule 11 so far as relating to the Road Traffic Regulation Act 1984 and the Charities Act 1993,
section 40,
sections 41, 54 and 55,
section 57(1) so far as relating to paragraph 14(1)(c) and (d) of Schedule 13, and paragraph 14(1)(c) and (d) of Schedule 13,
section 81 and Schedule 17 so far as relating to the Road Traffic Regulation Act 1984, the Weights and Measures Act 1985, the Charities Act 1992 and the Charities Act 1993, and
this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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may contain such transitional provisions as appear to the Department of Economic Development in Northern Ireland to be necessary or expedient in connection with the coming into force of section 36(2), and
shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
Except in so far as any provision of this Act otherwise provides, this Act, other than Chapter I of Part I and this section, does not extend to Northern Ireland.
Section 5.
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shall give to that person a written notice stating—
that he is considering taking the action and the reasons why he is considering it; and
that the person may, within a period specified in the notice, make written representations to him or, if the person so requests, make oral representations to him in the presence of a person determined by or under the order; and
shall consider any representations which are duly made and not withdrawn.
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an enforcement officer has taken enforcement action against any person; and
the relevant enactment contains any provision conferring a right of appeal against such action,
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Section 7.
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Section 10.
The Restrictive Trade Practices Act 1976 shall be amended as follows.
In section 1 (registration of agreements) after subsection (2) there shall be inserted—
Section 24 (particulars and time for registration) shall be amended as follows. In subsection (1) (duty to furnish particulars of agreements subject to registration under the Act) after “under this Act” there shall be inserted “ , other than a non-notifiable agreement, ”. In subsection (2) (additional provisions about particulars to be furnished)— After that subsection there shall be inserted—
After section 25 there shall be inserted—
Section 26 shall be amended as follows. In subsection (2) (power of the Restrictive Practices Court to make declarations as to certain matters) for the words from “and” to the end there shall be substituted “ , declare whether or not it is subject to registration under this Act and declare whether or not it is a non-notifiable agreement. ” For subsection (3) there shall be substituted—
In section 36 (Director’s power to obtain information) after subsection (3) there shall be inserted—
Schedule 2 (furnishing of particulars of agreements) shall be amended as follows. In paragraph 1, for sub-paragraph (1) there shall be substituted— In paragraph 2, in sub-paragraph (1), for “an agreement becomes subject to registration after it is made” there shall be substituted “ , after an agreement is made, it becomes an agreement in respect of which particulars fall to be furnished under section 24 above ”. In that paragraph, in sub-paragraph (2), after “section 24(1) above” there shall be inserted “ (so far as applicable) ”. In that paragraph, in sub-paragraph (3), for “24” there shall be substituted “ 24(1) ”. (ca) Agreement which ceases to be a non-notifiable agreement. Within 1 month from the day on which the agreement so ceases.
Section 12.
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the Director General of Telecommunications,
the Director General of Electricity Supply,
the Director General of Electricity Supply for Northern Ireland,
the Director General of Water Services, and
the Rail Regulator.
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section 50(4) of the Telecommunications Act 1984,
section 43(4) of the Electricity Act 1989,
Article 46(4) of the Electricity (Northern Ireland) Order 1992, and
section 67(4) of the Railways Act 1993,
In each of the following, namely—
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section 43(6) of the Electricity Act 1989, and
Article 46(6) of the Electricity (Northern Ireland) Order 1992, (which provide for the Secretary of State or, in Northern Ireland, the Department of Economic Development to determine certain questions in connection with the jurisdictions of the sectoral regulators concerned) for “as to whether” there shall be substituted “ in any particular case as to the jurisdiction of the Director under any of the provisions mentioned in ” and the words “applies to any particular case” shall be omitted.
In section 67(8) of the Railways Act 1993 (corresponding provision in relation to the jurisdiction of the Office of Rail Regulation ) for “as to whether” there shall be substituted “ in any particular case as to the jurisdiction of the Regulator under any of the provisions mentioned in ” and the words “applies to any particular case” shall be omitted.
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publishing such a report, and
taking action in consequence of it,
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Section 13(1).
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Section 13(2).
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
After Article 603 there shall be inserted—
Article 604 (objection to striking off by persons aggrieved) shall be amended as follows. In paragraph (1)— Paragraphs (2B) and (2D) apply if a company has been struck off the register under Article 603A. The court, on an application by a notifiable person made before the expiration of 20 years from publication in the Belfast Gazette of notice under Article 603A(4), may, if satisfied— order the company’s name to be restored to the register. In paragraph (2B), “notifiable person” means a person to whom a copy of the company’s application under Article 603A was required to be given under Article 603B or 603C. The court, on an application by the Department made before the expiration of 20 years from publication in the Belfast Gazette of notice under Article 603A(4), may, if satisfied that it is in the public interest to do so, order the company’s name to be restored. In paragraph (3)—
603E(1) Person breaching or failing to perform duty imposed by Article 603B or 603C. 1. On indictment. A fine. 2. Summary. The statutory maximum. 603E(2) Person failing to perform duty imposed by Article 603B(6) or 603C(2) with intent to conceal the making of application under Article 603A. 1. On indictment. 7 years or a fine; or both. 2. Summary. 6 months or the statutory maximum; or both. 603F(1) Person furnishing false or misleading information in connection with application under Article 603A. 1. On indictment. A fine. 2. Summary. The statutory maximum. 603F(2) Person making false application under Article 603A. 1. On indictment. A fine. 2. Summary. The statutory maximum.
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Section 19.
Section 31.
This paragraph applies to the following provisions of the Slaughter of Poultry Act 1967— The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly may by regulations provide for any functions under a provision to which this paragraph applies, so far as exercisable by local authorities, to be transferred—
This paragraph applies to the following provisions of the Slaughterhouses Act 1974— The Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly may by regulations provide for any functions under a provision to which this paragraph applies, so far as exercisable by local authorities, to be transferred—
This paragraph applies to the following provisions of the Slaughter of Animals (Scotland) Act 1980 (which correspond to the provisions to which paragraph 2 above applies)— The Secretary of State may by regulations provide for any functions under a provision to which this paragraph applies, so far as exercisable by local authorities, to be transferred to the Secretary of State.
No functions under the Slaughterhouses Act 1974 or the Slaughter of Animals (Scotland) Act 1980 relating to knackers’ yards (within the meaning of the Act concerned) shall be transferred under this Schedule unless the transferee has, in relation to the yards to which the transferred functions relate, functions with respect to the enforcement of law relating to animal health.
Regulations under paragraph 1(2), 2(2) or 3(2) above may contain such supplemental, incidental, consequential and transitional provisions and savings as the authority making the regulations considers appropriate and may, in particular, contain such amendments or repeals of any enactment or subordinate legislation (within the meaning of the Interpretation Act 1978) as that authority considers appropriate in consequence of a transfer of functions under that sub-paragraph. The power to make regulations under paragraph 1(2), 2(2) or 3(2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In section 6(4)(a) of the Food Safety Act 1990 (which lists authorities from which regulations or orders under the Act must select the authority to enforce and execute them) for “the Minister” there shall be substituted “ the Minister of Agriculture, Fisheries and Food, the Secretary of State ”.
Section 35.
The Employment Agencies Act 1973 shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After section 3 there shall be inserted— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “prohibition order” has the meaning given by section 3A(2) of this Act;
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Section 39.
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The Fair Trading Act 1973 shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 5(6) of the Energy Act 1976, for “under”, in the third place where it occurs, there shall be substituted “ in accordance with section 24 of and Schedule 2 to ”.
The Competition Act 1980 shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 9 to the Road Traffic Regulation Act 1984, in paragraph 28, after sub-paragraph (d) there shall be inserted;” or
In the Company Directors Disqualification Act 1986, in section 2(1), for “or liquidation” there shall be substituted “ , liquidation or striking off ”.
The Building Societies Act 1986 shall be amended as follows. In section 10(5) for “borrower” there shall be substituted “ mortgagor ”. In section 11(7), after “(2)(b)” there shall be inserted “ or (2)(ba)(i) or (ii) ”. In section 13(2), at the end there shall be inserted— In section 13(3)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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In the Companies (Northern Ireland) Order 1989, in Article 5(1), for “or liquidation” there shall be substituted “ , liquidation or striking off ”.
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paragraph (a) shall be omitted, and
in paragraph (b), for the words from “such” to “46(3) above” there shall be substituted “a charity other than one falling within paragraph (c) or (d) below”.
In section 62(2) the words from “which” to the end of paragraph (c) shall be omitted. In section 62(4)(g) for “authorised vehicles” there shall be substituted “ vehicles referred to in the statement under subsection (2) of this section ”.
In section 63(3) after “64(2)” there shall be inserted “ to (4) ”. Section 63(5) shall be omitted. In section 63(6) the definition of “statutory provision” shall be omitted.
In section 66(1)(a) for “the authorised vehicles are used” there shall be substituted “ vehicles are used under the licence (or, if the licence is at any time suspended under section 69 of this Act, were used under the licence immediately before its suspension) ”.
In section 69(4) for “(1)(b)” there shall be substituted “ (1)(c) and (d) ”. In section 69(6) the words “premature termination” shall be omitted. In section 69(7) for “the authorised vehicles” there shall be substituted “ vehicles under the licence ”. In section 69(7A) for the words from “if” to the end there shall be substituted “ if before that date the licence which is directed to be suspended or curtailed ceases to be in force, on the date on which it ceases to be in force ”. In section 69(9) for “(5), (6) or (7)” there shall be substituted “ (5) or (6) ”. In section 69(10) for “(7) or (7A)” there shall be substituted “ or (7A) ”. After section 69(10) there shall be inserted—
In section 69A(1)— In section 69A(3) for “authorised vehicles” there shall be substituted “ vehicles used ”. After section 69A(3) there shall be inserted—
In section 69B(1) and (2)— In section 69B(3)— In section 69B(4)— For section 69B(6) there shall be substituted— Section 69B(7) shall be omitted.
For section 69C(1) there shall be substituted— For section 69C(3) and (4) there shall be substituted— For section 69C(5) there shall be substituted—
Section 69F shall be omitted.
For section 69G there shall be substituted—
In section 82(4) for “authorised vehicles” there shall be substituted “ vehicles used under the licence ”.
After section 84(a) there shall be inserted—. For section 84(b) there shall be substituted—. For section 84(f) there shall be substituted—.
In section 85(1) for “authorised vehicles” there shall be substituted “ vehicles authorised to be used ”.
In section 87(3) the words “or 69F” shall be omitted.
In section 91(1)— In section 91(2) for “authorised vehicles” there shall be substituted “ authorised to be used under an operator’s licence ”. In section 91(4) the words from “and different” to the end shall be omitted. After section 91(4) there shall be inserted— After section 91(6) there shall be inserted—. In section 91(7) after “of this Act” there shall be inserted “ , other than regulations under section 69EA(3), ”.
In section 92(1)— After section 92(2) there shall be inserted— For section 92(3)(b) and (c) there shall be substituted—. After section 92(4) there shall be inserted— In section 92(5) for the words from “operated under” to the end there shall be substituted “ , within the meaning of the Road Traffic Act 1988 ”.
In section 233(1)(c) of the Road Traffic Act 1960—
for “or mark” there shall be substituted “ , mark or other thing ”, and
for “an authorised vehicle” there shall be substituted “ authorised to be used, or as being used, under an operator’s licence ”.
In section 2(2) of the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 for “64(2)(c)” there shall be substituted “ 64(3)(a) ”.
Section 73 of the Road Traffic Act 1988 shall be amended as follows. In subsection (1)— After subsection (1) there shall be inserted— In subsection (4) for the words from “and section 72” to “have” there shall be substituted “operator’s licence” has ”.
Section 68.
The 1981 Act shall be amended as follows.
In section 14(4) for “the provisions of sections 15 and 16” there shall be substituted “ section 16 ”.
Section 14A(3) shall be omitted.
In section 16(6) the word “or” immediately before paragraph (b) shall be omitted.
Section 17(2)(c) shall be omitted. In section 17(3)—
In section 18(3)(d)—
after “discs” there shall be inserted “ on their expiry or otherwise ceasing to have effect, ”, and
for “expiration” there shall be substituted “ on termination ”
Section 50(2) shall be omitted. In section 50(4)—
In section 12 of the Transport Act 1985 subsection (3) shall be omitted.
Section 75.
Paragraphs 2 to 5, 7 and 8 below apply where— Paragraphs 6 to 8 below apply where—
The enactment or obligation shall not prevent or penalise the disclosure of relevant information—
between contractor A or an employee of his and authority A or an authorised officer of that authority;
between contractor A and an employee of his or between one such employee and another; or
where the relevant function has been delegated to authority A by another Minister, office-holder or local authority (authority B), between contractor A or an employee of his and authority B or an authorised officer of that authority, if the disclosure is necessary or expedient in or in connection with, or for the purpose of facilitating, the exercise of the relevant function or a related function, or the performance of ancillary services.
This paragraph applies where another person (contractor B) is authorised, whether by virtue of an order under section 69 or 70 above or otherwise, to exercise the relevant function or a related function. The enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his, or authority A or an authorised officer of that authority, to contractor B or an employee of his if—
This paragraph applies where another person (contractor C) is authorised, whether by virtue of an order under section 69 or 70 above or otherwise, to exercise a function of another Minister, office-holder or local authority (authority C). The enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his, or authority A or an authorised officer of that authority, to contractor C or an employee of his if—
The enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his to another Minister, office-holder or local authority (authority D) or an authorised officer of that authority if—
the disclosure is necessary or expedient for the purpose of facilitating the exercise of the relevant function, a related function or a function of authority D;
the disclosure falls within a description of disclosures certified by authority A (whether in the authorisation or otherwise) to be capable of being so necessary or expedient; and
the information could be lawfully disclosed, for that purpose, by authority A to authority D.
The enactment or obligation shall not prevent or penalise the disclosure of relevant information by authority E or an authorised officer of that authority to contractor A or an employee of his if—
the disclosure is necessary or expedient for the purpose of facilitating the exercise of the relevant function, a related function or a function of authority E; and
the information could be lawfully disclosed, for that purpose, by authority E to authority A.
Where authority A is a Minister or office-holder, the enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his if— Where authority A is a local authority, the enactment or obligation shall not prevent or penalise the disclosure of relevant information by contractor A or an employee of his if— In this paragraph—
It shall be an implied term of any contract made between contractor A and authority A and relating to the exercise of the relevant function that contractor A shall take all reasonable steps to secure that any relevant information—
which is obtained by him or an employee of his; and
the disclosure of which is restricted by any enactment or obligation, is not disclosed at any time (whether or not during the subsistence of the contract) to any other person in contravention of the enactment or in breach of the obligation.
This paragraph applies where— If the original disclosure was restricted by an enactment, the enactment shall apply in relation to the person making the unauthorised disclosure as if— If the original disclosure was restricted by an obligation, the person making the unauthorised disclosure shall be treated for all purposes as if he were subject to that obligation.
In this Schedule— For the purposes of sub-paragraph (1) above a function of authority A is related to another function of that authority if information— In this Schedule—
Section 76.
This paragraph applies where by virtue of an order made under section 69 of this Act a person is authorised by the the registrar to accept delivery of any class of documents which are under any provision of the Newspaper Libel and Registration Act 1881 or the Limited Partnerships Act 1907 to be delivered to the registrar. If— In this paragraph “the registrar” has the same meaning as in the Newspaper Libel and Registration Act 1881 or the Limited Partnerships Act 1907 (as the case may be).
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If and to the extent that an order under section 70 of this Act so provides, section 223 of the Local Government Act 1972 (appearance of local authorities in legal proceedings) shall have effect as if—
any person authorised by virtue of the order to exercise a function of a local authority, and
any employee of a person so authorised, were an officer of the authority.
If and to the extent that an order under section 69 of this Act so provides, section 112 of the Patents Act 1977 (misuse of title “Patent Office”) shall not apply in relation to anything done by a person who is authorised by virtue of the order to exercise any function of the Comptroller-General of Patents, Designs and Trade Marks.
At the beginning of subsection (3) of section 43 of the Rent (Scotland) Act 1984 (registration of rents under regulated tenancies) there shall be inserted the words “ Subject to section 43A below, ”
After section 43 of that Act there shall be inserted the following section—
After section 43A of that Act there shall be inserted the following sections—
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For subsection (3) of section 1 of the Agriculture Act 1986 (provision of services and goods connected with agriculture and countryside) there shall be substituted the following subsection—
In paragraph 16 of Schedule 4 to the European Economic Interest Grouping Regulations 1989 (provisions of Companies Act 1985 applying to EEIGs and their establishments), for the words “section 704(5)” there shall be substituted the words “ section 704(5), (7) and (8) ”.
After subsection (5) of section 6 of the Food Safety Act 1990 (enforcement of Act) there shall be inserted the following subsection—
In subsection (1) of section 42 of that Act (default powers)—
for the words “one of his officers” there shall be substituted the words “ a person (whether or not an officer of his) who is authorised by him in writing to do so ”; and
there shall be inserted at the end th e words “ but if regulations made by the Ministers so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations. ”
In subsection (1) of section 50 of that Act (service of documents), for the words “any officer” there shall be substituted the words “ an authorised officer ”.
Authorised officer of an enforcement authority section 6(6)
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After subsection (6) of section 123 of that Act (disclosure of information relating to particular persons) there shall be inserted the following subsection—
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After subsection (7) of section 52 of the Social Security Administration (Northern Ireland) Act 1992 (claims relating to attendance allowance, disability living allowance and disability working allowance) there shall be inserted the following subsection— Sub-paragraph (3) below applies where a consent given before the commencement of this Part authorises the disclosure of any information to the Department, or to a medical practitioner who is an officer of the Department. The consent shall have effect as if it also authorised the disclosure of the information— In this paragraph—
After subsection (6) of section 117 of that Act (disclosure of information relating to particular persons) there shall be inserted the following subsection—.
Section 81 Chapter or Number Title Extent of repeal 57 & 58 Vict. c. 60. The Merchant Shipping Act 1894. Sections 110 to 112. 14 Geo. 6. c. 28. The Shops Act 1950. The whole Act. 1962 c. 35. The Shops (Airports) Act 1962. The whole Act. 1964 c. 26. The Licensing Act 1964. In section 196A(1), the word “or” at the end of paragraph (a)(ii). 1965 c. 35. The Shops (Early Closing Days) Act 1965. The whole Act. 1968 c. 73. The Transport Act 1968. In section 62(2), the words from “which” to the end of paragraph (c). In section 62(4)(b), the words “(or, so long as those sections remain in force, sections 73 and 186 of the Act of 1960)”. Section 63(5). In section 63(6), the definition of “statutory provision”. In section 69(4), in paragraph (b)(ii) the word “authorisations” and in paragraph (c) the words “or section 73 or 186 of the Act of 1960”. In section 69(6), the words “premature termination”. Section 69B(7). Section 69F. In section 87(3), the words “or 69F”. In section 91(1), the words following paragraph (g). In section 91(4), the words from “and different” to the end. In section 92(1), the definition of “authorised vehicle”. Sections 93 and 94(1), (2), (9) and (10). 1969 c. 48. The Post Office Act 1969. In Schedule 4, paragraph 51. 1972 c. 70. The Local Government Act 1972. In Schedule 29, paragraph 43. 1973 c. 35. The Employment Agencies Act 1973. Sections 1 to 3 and 7. In section 9(1)(a), the words from “by” to “Act”. Section 10(1). In section 13, in subsection (1), the definitions of “current licence”, “holder” and “seaman”, and subsection (7)(e). 1973 c. 41. The Fair Trading Act 1973. In section 75G, in subsection (1), the words “complying with subsections (2) and (3) of this section”, and subsections (2) and (3). 1973 c. 65. The Local Government (Scotland) Act 1973. Section 157. 1974 c. 50. The Road Traffic Act 1974. In Schedule 4, paragraphs 2, 3, 4(1), (3) and (5), and 5. 1975 c. 24. The House of Commons Disqualification Act 1975. In Part III of Schedule 1, the entry relating to persons appointed under section 3(4)(b) of the Employment Agencies Act 1973. 1975 c. 71. The Employment Protection Act 1975. In Schedule 13, paragraphs 1 to 4, and, in paragraph 6(3), the words from “and in sub-paragraph (iv)” to the end. S.I. 1976/1043 (N.I. 9). The Industrial Relations (Northern Ireland) Order 1976. In Article 22C(1), the word “or” immediately preceding sub-paragraph (e) and that sub-paragraph. 1978 c. 44. The Employment Protection (Consolidation) Act 1978. In section 59(1), the word “either”, the word “or” immediately preceding paragraph (b) and that paragraph. 1979 c. 39. The Merchant Shipping Act 1979. In Schedule 6, in Part I, the entries relating to sections 111(4) and 112(2) of the Merchant Shipping Act 1894. 1980 c. 21. The Competition Act 1980. Section 2(5). Section 3(2) to (6), (9) and (10). In section 5, subsection (2), in subsection (3), the words from the beginning of paragraph (a) to “notice reference” and subsection (5). Section 6(2). In section 13(1), the words “(subject to subsection (5) of that section)”. In section 15(2), paragraph (a) and the word “or” immediately following it. 1980 c. 65. The Local Government, Planning and Land Act 1980. In Schedule 4, paragraph 1(4). 1981 c. 14. The Public Passenger Vehicles Act 1981. Section 14A(3). In section 16(6), the word “or” immediately before paragraph (b). In section 17(2)(b), the words “(during which time it shall be of no effect)”. Section 17(2)(c). In section 17(3)(a), the words “intention or”. Section 27. Section 50(2). In section 50(4)(c), the words “or to curtail its period of validity”. S.I. 1981/839 (N.I. 20). The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981. Articles 3 to 5 and 8. Article 9(1). In Article 11, in paragraph (1), the definitions of “current licence”, “holder” and “seaman” and paragraph (5)(d). 1982 c. 49. The Transport Act 1982. Section 21(5). In Schedule 4, in Part II, paragraphs 2 to 5 and 6(b). 1984 c. 12. The Telecommunications Act 1984. In section 50(6), the words “applies to any particular case”. 1984 c. 27. The Road Traffic Regulation Act 1984. In Schedule 9, in paragraph 28, the word “or” immediately preceding sub-paragraph (d). 1984 c. 32. The London Regional Transport Act 1984. In Schedule 6, paragraph 22. 1985 c. 13. The Cinemas Act 1985. In Schedule 2, paragraphs 4 and 5. 1985 c. 65. The Insolvency Act 1985. In Schedule 8, paragraph 16. 1985 c. 67. The Transport Act 1985. Section 12(3). Section 24(2). In Schedule 2, paragraph 4(6) and (9). 1985 c. 72. The Weights and Measures Act 1985. Section 43. In section 86, in subsections (2)(a) and (5), “43(2),”. In section 99(2), the words “Except as provided by section 43(2) above,”. 1986 c. 44. The Gas Act 1986. In section 17(8), paragraph (d) and the word “and” immediately preceding that paragraph. 1986 c. 53. The Building Societies Act 1986. In section 13, in subsection (2), the word “and” immediately preceding paragraph (d), and in subsection (3)(a), the words “of the land”. 1986 c. 60. The Financial Services Act 1986. In section 125(7), the words “section 24 of”. 1988 c. 1. The Income and Corporation Taxes Act 1988. In section 201A, in subsection (2)(c), the words “and holds a current licence for the agency”, and, in subsection (3), paragraph (b) and the word “and” immediately preceding it. 1988 c. 54. The Road Traffic (Consequential Provisions) Act 1988. In Schedule 3, paragraph 6(4). 1989 c. 29. The Electricity Act 1989. In section 43(6), the words “applies to any particular case”. 1989 c. 38. The Employment Act 1989. In Schedule 6, paragraphs 3 to 5. 1989 c. 40. The Companies Act 1989. In Schedule 14, in paragraph 9(6), the words “section 24 of”. 1990 c. 43. The Environmental Protection Act 1990. In Schedule 15, paragraph 10(2)(a). S.I. 1990/593 (N.I. 5). The Companies (Northern Ireland) Order 1990. In Schedule 14, in paragraph 9(6), the words “section 24 of”. 1992 c. 41. The Charities Act 1992. Section 67(3)(b) and the word “but” immediately preceding it. S.I. 1992/231 (N.I. 1). The Electricity (Northern Ireland) Order 1992. In Article 46(6), the words “applies to any particular case”. 1993 c. 10. The Charities Act 1993. Section 47(3)(a). 1993 c. 19. The Trade Union Reform and Employment Rights Act 1993. In Schedule 8, paragraph 14(b). 1993 c. 43. The Railways Act 1993. In section 67(8), the words “applies to any particular case”. 1994 c. 20. The Sunday Trading Act 1994. Section 5. In Schedule 4, paragraph 23.