Deregulation Act 2015

• Citation: 2015 c. 20
• Sections: 591

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

(1) Section 3 of the Health and Safety at Work etc. Act 1974 (general duty of employers and self-employed to persons other than their employees) is amended in accordance with subsections (2) and (3).

(2) In subsection (2) (which imposes a general duty with respect to health and safety on self-employed persons)—

(a) after “self-employed person” insert “ who conducts an undertaking of a prescribed description ” ;

(b) for “his undertaking” substitute “ the undertaking ” .

(3) After subsection (2) insert—

(2A) A description of undertaking included in regulations under subsection (2) may be framed by reference to—

(a) the type of activities carried out by the undertaking, where those activities are carried out or any other feature of the undertaking;

(b) whether persons who may be affected by the conduct of the undertaking, other than the self-employed person (or his employees), may thereby be exposed to risks to their health or safety.

(4) In section 11 of that Act (functions of the Executive), after subsection (4A) insert—

(4AA) Subsection (4)(b)(i) does not apply in relation to the making of regulations under section 3(2) for the railway safety purposes (and, accordingly, the Executive shall submit under subsection (3) such proposals as the Executive considers appropriate for the making of regulations under section 3(2) for those purposes).

(5) In section 82 of that Act (general provisions as to interpretation and regulations)—

(a) in subsection (3)(b) for “subsection (3A) or (4)” substitute “ subsection (3A), (3B) or (4) ” ;

(b) after subsection (3A) insert—

(3B) Regulations under section 3(2) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(6) Where this section comes into force at a time when there is in force an Order in Council made under section 84(3) of the Health and Safety at Work etc. Act 1974 that applies section 3 or 11 of that Act to matters outside Great Britain, that Order is to be taken as applying that section as amended by this section.

Section 2 Removal of employment tribunals' power to make wider recommendations

(1) In section 124 of the Equality Act 2010 (remedies available to an employment tribunal in discrimination cases etc ), in subsection (3) (which describes the recommendations that an employment tribunal may make)—

(a) in the opening words, after “adverse effect” insert “ on the complainant ” ;

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

(2) In consequence of subsection (1)—

(a) in section 124(7) of that Act omit “in so far as it relates to the complainant”;

(b) omit section 125 of that Act (remedies: national security).

Section 3 Apprenticeships: simplification

(1) Schedule 1 makes provision about apprenticeships.

(2) Part 1 of the Schedule amends Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (“ the 2009 Act ”) so as to simplify the provision made by that Part about English apprenticeships.

(3) Part 2 of the Schedule contains further amendments of the 2009 Act in consequence of the amendments made by Part 1.

(4) Part 3 of the Schedule contains minor amendments of the provision made by Part 1 of the 2009 Act about Welsh apprenticeships.

(5) Part 4 of the Schedule contains transitional provision.

Section 4 English apprenticeships: funding arrangements

(1) The Secretary of State may make arrangements with the Commissioners for Her Majesty's Revenue and Customs under which the Commissioners are responsible for the administration of apprenticeship payments.

(2) “Apprenticeship payments” are payments that may be made by the Secretary of State to any person—

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

(b) otherwise in connection with approved English apprenticeships.

(3) The arrangements that may be made under subsection (1) include arrangements under which the Commissioners are responsible for recovery where an apprenticeship payment is made but the whole or any part of it is (for whatever reason) recoverable by the Secretary of State.

(4) The Commissioners may by regulations make provision as to the administration of payments where arrangements are made under subsection (1).

(5) The regulations may, in particular, provide that the Commissioners may, instead of making payments to persons of a description specified in the regulations—

(a) permit them to deduct equivalent amounts from payments that they are required to make to the Commissioners and that are of a kind specified in the regulations;

(b) provide them with vouchers of equivalent amounts which may be used by them in connection with approved English apprenticeships.

(6) The regulations may, in particular, also provide that, where the Commissioners are responsible for recovering the whole or any part of an apprenticeship payment from a person of a description specified in the regulations, they may do so by deducting the amount from any payments that they would otherwise be required to make to that person and that are of a kind specified in the regulations.

(7) The regulations may make different provision for different cases.

(8) Regulations under this section may be made only with the consent of the Secretary of State.

(9) Regulations under this section must be made by statutory instrument.

(10) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(11) In this section “ approved English apprenticeship ” has the same meaning as in Chapter A1 of the Apprenticeships, Skills, Children and Learning Act 2009 (see Schedule 1).

Section 5 English apprenticeships: disclosure of information

(1) The Commissioners may disclose information held by them to the Secretary of State, or to a person providing services to the Secretary of State, for the purpose of the Secretary of State's functions in relation to approved English apprenticeships.

(2) The Secretary of State, or a person providing services to the Secretary of State, may disclose information to the Commissioners, or to a person providing services to them, for the purpose of arrangements made under section 4(1) or for the purpose of requesting the Commissioners to disclose information under subsection (1) of this section.

(3) Information disclosed under subsection (1) may not be disclosed by the recipient of the information to any other person without the consent of the Commissioners.

(4) If a person discloses, in contravention of subsection (3), any revenue and customs information relating to a person whose identity—

(a) is specified in the disclosure, or

(b) can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.

(5) In this section—

“ approved English apprenticeship ” has the same meaning as in Chapter A1 of the Apprenticeships, Skills, Children and Learning Act 2009 (see Schedule 1);

“ revenue and customs information relating to a person ” has the same meaning as in section 19 of the Commissioners for Revenue and Customs Act 2005 (see section 19(2) of that Act).

Section 6 Requirements to wear safety helmets: exemption for Sikhs

(1) Section 11 of the Employment Act 1989 (exemption of Sikhs from requirements as to wearing of safety helmets on construction sites) is amended in accordance with subsections (2) to (10).

(2) In subsection (1), for “on a construction site” substitute “ at a workplace ” .

(3) In subsection (2), in paragraph (a), for “on a construction site” substitute “ at a workplace ” .

(4) In subsection (5), in the opening words, for “on a construction site” substitute “ at a workplace ” .

(5) After subsection (6) insert—

(6A) This section does not apply to a Sikh who—

(a) works, or is training to work, in an occupation that involves (to any extent) providing an urgent response to fire, riot or other hazardous situations, and

(b) is at the workplace—

(i) to provide such a response in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or

(ii) to receive training in how to provide such a response in circumstances of that kind.

(6B) This section also does not apply to a Sikh who—

(a) is a member of Her Majesty's forces or a person providing support to Her Majesty's forces, and

(b) is at the workplace—

(i) to take part in a military operation in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or

(ii) to receive training in how to take part in such an operation in circumstances of that kind.

(6) In subsection (7)—

(a) omit the definitions of “building operations”, “works of engineering construction” and “construction site”;

(b) before the definition of “injury”, insert—

“ Her Majesty's forces ” has the same meaning as in the Armed Forces Act 2006;

(c) at the end insert—

“ workplace ” means any premises where work is being undertaken, including premises occupied or normally occupied as a private dwelling; and “ premises ” includes any place and, in particular, includes—

(a) any vehicle, vessel, aircraft or hovercraft,

(b) any installation (including a floating installation or one resting on the seabed or its subsoil or on other land covered with water or its subsoil), and

(c) any tent or moveable structure.

(7) In subsection (8), in paragraph (b), for “on a construction site” substitute “ at a workplace ” .

(8) In subsection (9)—

(a) for “relevant construction site” substitute “ relevant workplace ” ;

(b) for “construction site” (in the second place where it occurs) substitute “ workplace ” .

(9) In subsection (10), for the words from “ “relevant construction site” to the end of the subsection substitute “ “ relevant workplace ” means any workplace where work is being undertaken if the premises and the activities being undertaken there are premises and activities to which the Health and Safety at Work etc. Act 1974 applies by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013.”

(10) In the sidenote, for “on construction sites” substitute “ at workplaces ” .

(11) Section 12 of that Act (protection of Sikhs from racial discrimination in connection with requirements as to wearing of safety helmets) is amended as follows.

(12) In subsection (1)—

(a) in paragraph (a), for “on a construction site” substitute “ at a workplace ” ;

(b) in paragraph (b), for “on such a site” substitute “ at such a workplace ” .

(13) In subsection (3), for “Subsections (7) to (10)” substitute “ Subsections (6A) to (10) ” .

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

(1) Article 13 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990 ( S.I. 1990/246) is amended in accordance with subsections (2) to (8).

(2) In paragraph (1), for “on a construction site” substitute “ at a workplace ” .

(3) In paragraph (2), in sub-paragraph (a), for “on a construction site” substitute “ at a workplace ” .

(4) In paragraph (5), in the opening words, for “on a construction site” substitute “ at a workplace ” .

(5) After paragraph (6) insert—

(6A) This Article does not apply to a Sikh who—

(a) works, or is training to work, in an occupation that involves (to any extent) providing an urgent response to fire, riot or other hazardous situations, and

(b) is at the workplace—

(i) to provide such a response in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or

(ii) to receive training in how to provide such a response in circumstances of that kind.

(6B) This Article also does not apply to a Sikh who—

(a) is a member of Her Majesty's forces or a person providing support to Her Majesty's forces, and

(b) is at the workplace—

(i) to take part in a military operation in circumstances where the wearing of a safety helmet is necessary to protect the Sikh from a risk of injury, or

(ii) to receive training in how to take part in such an operation in circumstances of that kind.

(6) In paragraph (7)—

(a) omit the definitions of “building operations”, “works of engineering construction” and “construction site”;

(b) before the definition of “injury”, insert—

“ Her Majesty's forces ” has the same meaning as in the Armed Forces Act 2006;

(c) at the end insert—

“ workplace ” means any premises where work is being undertaken, including premises occupied or normally occupied as a private dwelling; and “ premises ” includes any place and, in particular, includes—

(a) any vehicle, vessel, aircraft or hovercraft,

(b) any installation (including a floating installation or one resting on the seabed or its subsoil or on other land covered with water or its subsoil), and

(c) any tent or moveable structure.

(7) In paragraph (8), in sub-paragraph (b), for “on a construction site” substitute “ at a workplace ” .

(8) In the heading, for “on construction sites” substitute “ at workplaces ” .

(9) Article 13A of that Order (protection of Sikhs from racial discrimination in connection with requirements as to wearing of safety helmets) is amended as follows.

(10) In paragraph (1)—

(a) in sub-paragraph (a), for “on a construction site” substitute “ at a workplace ” ;

(b) in sub-paragraph (b), for “on such a site” substitute “ at such a workplace ” .

(11) In paragraph (3), for “Paragraphs (7) and (8)” substitute “ Paragraphs (6A) to (8) ” .

Section 8 Driving instructors

(1) Schedule 2 makes provision to simplify the regulation of driving instructors by removing the separate system for the registration of disabled instructors.

(2) Part 1 of the Schedule contains amendments of Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the Road Safety Act 2006.

(3) Part 2 of the Schedule contains transitory amendments of Part 5 of the Road Traffic Act 1988 which have effect before the commencement of Schedule 6 to the Road Safety Act 2006.

(4) Part 3 of the Schedule contains consequential and related amendments.

Section 9 Motor insurers

(1) In Part 6 of the Road Traffic Act 1988 (compulsory insurance or security against third-party risks), section 147 (issue and surrender of certificates of insurance and of security) is amended as follows.

(2) In subsection (1), for “A policy of insurance shall be of no effect for the purposes of this Part of this Act unless and until there is delivered by the insurer” substitute “ An insurer issuing a policy of insurance for the purposes of this Part of this Act must deliver ” .

(3) In subsection (2), for “A security shall be of no effect for the purposes of this Part of this Act unless and until there is delivered by the person giving the security” substitute “ A person giving a security for the purposes of this Part of this Act must deliver ” .

(4) Omit subsections (4) to (5) (obligation to surrender certificate following cancellation of policy of insurance or security).

(5) Schedule 3 makes amendments in consequence of this section.

Section 10 Taxis and private hire vehicles: duration of licences

(1) The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows.

(2) In section 53 (drivers' licences for hackney carriages and private hire vehicles)—

(a) in subsection (1)(a), for “for such lesser period as the district council may specify in such licence” substitute “ for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of the case ” ;

(b) in subsection (1)(b), for “for such lesser period as they may specify in such licence” substitute “ for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of the case ” .

(3) In section 55 (licensing of operators of private hire vehicles), for subsection (2) substitute—

(2) Every licence granted under this section shall remain in force for five years or for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of the case.

Section 11 Private hire vehicles: sub-contracting

In the Local Government (Miscellaneous Provisions) Act 1976, after section 55 insert—

Sub-contracting by operators

(55A)

(1) A person licensed under section 55 who has in a controlled district accepted a booking for a private hire vehicle may arrange for another person to provide a vehicle to carry out the booking if—

(a) the other person is licensed under section 55 in respect of the same controlled district and the sub-contracted booking is accepted in that district;

(b) the other person is licensed under section 55 in respect of another controlled district and the sub-contracted booking is accepted in that district;

(c) the other person is a London PHV operator and the sub-contracted booking is accepted at an operating centre in London; or

(d) the other person accepts the sub-contracted booking in Scotland.

(2) It is immaterial for the purposes of subsection (1) whether or not sub-contracting is permitted by the contract between the person licensed under section 55 who accepted the booking and the person who made the booking.

(3) Where a person licensed under section 55 in respect of a controlled district is also licensed under that section in respect of another controlled district, subsection (1) (so far as relating to paragraph (b) of that subsection) and section 55B(1) and (2) apply as if each licence were held by a separate person.

(4) Where a person licensed under section 55 in respect of a controlled district is also a London PHV operator, subsection (1) (so far as relating to paragraph (c) of that subsection) and section 55B(1) and (2) apply as if the person holding the licence under section 55 and the London PHV operator were separate persons.

(5) Where a person licensed under section 55 in respect of a controlled district also makes provision in the course of a business for the invitation or acceptance of bookings for a private hire car or taxi in Scotland, subsection (1) (so far as relating to paragraph (d) of that subsection) and section 55B(1) and (2) apply as if the person holding the licence under section 55 and the person making the provision in Scotland were separate persons.

In this subsection, “ private hire car ” and “ taxi ” have the same meaning as in sections 10 to 22 of the Civic Government (Scotland) Act 1982.

(6) In this section, “ London PHV operator ” and “ operating centre ” have the same meaning as in the Private Hire Vehicles (London) Act 1998.

Sub-contracting by operators: criminal liability

(55B)

(1) In this section—

“ the first operator ” means a person licensed under section 55 who has in a controlled district accepted a booking for a private hire vehicle and then made arrangements for another person to provide a vehicle to carry out the booking in accordance with section 55A(1);

“ the second operator ” means the person with whom the first operator made the arrangements (and, accordingly, the person who accepted the sub-contracted booking).

(2) The first operator is not to be treated for the purposes of section 46(1)(e) as operating a private hire vehicle by virtue of having invited or accepted the booking.

(3) The first operator is guilty of an offence if—

(a) the second operator is a person mentioned in section 55A(1)(a) or (b),

(b) the second operator contravenes section 46(1)(e) in respect of the sub-contracted booking, and

(c) the first operator knew that the second operator would contravene section 46(1)(e) in respect of the booking.

Section 12 Space activity: limit on indemnity required

(1) The Outer Space Act 1986 is amended as follows.

(2) In section 3 (prohibition of unlicensed activities), after subsection (3) insert—

(3A) An order under subsection (3) may—

(a) provide that section 10(1) does not apply to a person to the extent that the person is carrying on activities that do not require a licence by virtue of the order;

(b) specify the maximum amount of a person's liability under section 10(1) so far as the liability relates to the carrying on of activities that do not require a licence by virtue of the order.

(3) In section 5 (terms of licence), after subsection (2) insert—

(3) A licence must specify the maximum amount of the licensee's liability to indemnify Her Majesty's government in the United Kingdom under section 10 in respect of activities authorised by the licence.

(4) In section 10 (obligation to indemnify government against claims), after subsection (1) insert—

(1A) Subsection (1) is subject to—

(a) any limit on the amount of a person's liability that is specified in a licence, and

(b) any order made under section 3(3).

(5) The Secretary of State may vary any licence under section 4 of the 1986 Act that is held at the time when this section comes into force so as to specify the maximum amount of the licensee's liability under section 10 of that Act.

(6) A variation under subsection (5) is to be made by giving notice in writing to the licensee.

(7) The power under section 15(6) of the 1986 Act may be exercised so as to extend to any of the Channel Islands, the Isle of Man or any British overseas territory any provision made by this section (subject to any specified exceptions or modifications).

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

Schedule 4 amends the Agricultural Holdings Act 1986 to provide for certain matters arising under the Act to be capable of third party determination.

Section 14 Shippers etc of gas

(1) In Part 1 of the Energy Act 2008 (gas importation and storage), after section 3 insert—

Exception for unloading to an installation in certain circumstances

(3A) The prohibition in section 2(1) does not apply to a person (“A”) who uses a controlled place for the unloading of gas to an installation if—

(a) the installation is maintained by another person (“B”) who has a licence in respect of the maintenance of the installation and the use of a controlled place for the unloading of gas to it, and

(b) B consents to the use by A of the controlled place for the unloading of gas to the installation.

(2) In consequence of subsection (1), in section 2(2) of the 2008 Act, for “section 3” substitute “ sections 3 and 3A ” .

Section 15 Suppliers of fuel and fireplaces

(1) Part 3 of the Clean Air Act 1993 (smoke control areas) is amended as follows.

(2) In section 20 (offence of emitting smoke in smoke control area where emission caused by use of fuel other than authorised fuel), after subsection (5) insert—

(5ZA) In the application of this Part to England, “ authorised fuel ” means a fuel included in a list of authorised fuels kept by the Secretary of State for the purposes of this Part.

(5ZB) The Secretary of State must—

(a) publish the list of authorised fuels, and

(b) publish a revised copy of the list as soon as is reasonably practicable after any change is made to it.

(5ZC) The list must be published in such manner as the Secretary of State considers appropriate.

(3) In that section, in subsection (6) as it applies in relation to England and Wales (definition of “authorised fuel”), for “In” substitute “ Except as provided by subsection (5ZA), in ” .

(4) In section 21 (power by order to exempt certain fireplaces), at the beginning insert—

(A1) For the purposes of the application of this Part to England, the Secretary of State may exempt any class of fireplace from the provisions of section 20 (prohibition of smoke emissions in smoke control area) if he is satisfied that such fireplaces can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke.

(A2) An exemption under subsection (A1) may be made subject to such conditions as the Secretary of State considers appropriate.

(A3) The Secretary of State must—

(a) publish a list of those classes of fireplace that are exempt under subsection (A1) including details of any conditions to which an exemption is subject;

(b) publish a revised copy of the list as soon as is reasonably practicable after any change is made to the classes of fireplace that are so exempt or to the conditions to which an exemption is subject.

(A4) The list must be published in such manner as the Secretary of State considers appropriate.

(5) In that section as it applies in relation to England and Wales, the existing text becomes subsection (5) and in that subsection, for “ The ” substitute “ Except where subsection (A1) applies, the ” .

(6) In the sidenote to that section, omit “by order”.

(7) In section 29 (interpretation of Part 3), in the definition of “authorised fuel”, for “20(6)” substitute “ 20 ” .

Section 16 Sellers of knitting yarn

(1) The Weights and Measures (Knitting Yarns) Order 1988 (S.I. 1988/895) (quantities in which yarn is to be sold) is revoked.

(2) In consequence of subsection (1), in the Weights and Measures (Specified Quantities) (Pre-packed Products) Regulations 2009 (S.I. 2009/663), omit regulation 3.

Section 17 Authorisation of insolvency practitioners

(1) Part 13 of the Insolvency Act 1986 (insolvency practitioners and their qualification) is amended in accordance with subsections (2) to (4).

(2) In section 390 (persons not qualified to act as insolvency practitioners), for subsection (2) substitute—

(2) A person is not qualified to act as an insolvency practitioner at any time unless at that time the person is appropriately authorised under section 390A.

(3) After section 390 insert—

Authorisation

(390A)

(1) In this Part—

“ partial authorisation ” means authorisation to act as an insolvency practitioner—

only in relation to companies, or

only in relation to individuals;

“ full authorisation ” means authorisation to act as an insolvency practitioner in relation to companies, individuals and insolvent partnerships;

“partially authorised” and “fully authorised” are to be construed accordingly.

(2) A person is fully authorised under this section to act as an insolvency practitioner—

(a) by virtue of being a member of a professional body recognised under section 391(1) and being permitted to act as an insolvency practitioner for all purposes by or under the rules of that body, or

(b) by holding an authorisation granted by the Department of Enterprise, Trade and Investment in Northern Ireland under Article 352 of the Insolvency (Northern Ireland) Order 1989.

(3) A person is partially authorised under this section to act as an insolvency practitioner—

(a) by virtue of being a member of a professional body recognised under section 391(1) and being permitted to act as an insolvency practitioner in relation only to companies or only to individuals by or under the rules of that body, or

(b) by virtue of being a member of a professional body recognised under section 391(2) and being permitted to act as an insolvency practitioner by or under the rules of that body.

Partial authorisation: acting in relation to partnerships

(390B)

(1) A person who is partially authorised to act as an insolvency practitioner in relation to companies may nonetheless not accept an appointment to act in relation to a company if at the time of the appointment the person is aware that the company—

(a) is or was a member of a partnership, and

(b) has outstanding liabilities in relation to the partnership.

(2) A person who is partially authorised to act as an insolvency practitioner in relation to individuals may nonetheless not accept an appointment to act in relation to an individual if at the time of the appointment the person is aware that the individual—

(a) is or was a member of a partnership other than a Scottish partnership, and

(b) has outstanding liabilities in relation to the partnership.

(3) Subject to subsection (9), a person who is partially authorised to act as an insolvency practitioner in relation to companies may nonetheless not continue to act in relation to a company if the person becomes aware that the company—

(a) is or was a member of a partnership, and

(b) has outstanding liabilities in relation to the partnership,

unless the person is granted permission to continue to act by the court.

(4) Subject to subsection (9), a person who is partially authorised to act as an insolvency practitioner in relation to individuals may nonetheless not continue to act in relation to an individual if the person becomes aware that the individual—

(a) is or was a member of a partnership other than a Scottish partnership, and

(b) has outstanding liabilities in relation to the partnership,

unless the person is granted permission to continue to act by the court.

(5) The court may grant a person permission to continue to act for the purposes of subsection (3) or (4) if it is satisfied that the person is competent to do so.

(6) A person who is partially authorised and becomes aware as mentioned in subsection (3) or (4) may alternatively apply to the court for an order (a “ replacement order ” ) appointing in his or her place a person who is fully authorised to act as an insolvency practitioner in relation to the company or (as the case may be) the individual.

(7) A person may apply to the court for permission to continue to act or for a replacement order under—

(a) where acting in relation to a company, this section or, if it applies, section 168(5B) (member of insolvent partnership: England and Wales);

(b) where acting in relation to an individual, this section or, if it applies, section 303(2C) (member of insolvent partnership: England and Wales).

(8) A person who acts as an insolvency practitioner in contravention of any of subsections (1) to (4) is guilty of an offence under section 389 (acting without qualification).

(9) A person does not contravene subsection (3) or (4) by continuing to act as an insolvency practitioner during the permitted period if, within the period of 7 business days beginning with the day after the day on which the person becomes aware as mentioned in the subsection, the person—

(a) applies to the court for permission to continue to act, or

(b) applies to the court for a replacement order.

(10) For the purposes of subsection (9)—

“ business day ” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of Great Britain;

“ permitted period ” means the period beginning with the day on which the person became aware as mentioned in subsection (3) or (4) and ending on the earlier of—

the expiry of the period of 6 weeks beginning with the day on which the person applies to the court as mentioned in subsection (9)(a) or (b), and

the day on which the court disposes of the application (by granting or refusing it);

“ replacement order ” has the meaning given by subsection (6).

(4) For section 391 (recognised professional bodies) substitute—

Recognised professional bodies

(391)

(1) The Secretary of State may by order declare a body which appears to the Secretary of State to meet the requirements of subsection (4) to be a recognised professional body which is capable of providing its insolvency specialist members with full authorisation or partial authorisation.

(2) The Secretary of State may by order declare a body which appears to the Secretary of State to meet the requirements of subsection (4) to be a recognised professional body which is capable of providing its insolvency specialist members with partial authorisation only.

(3) An order under subsection (2) must state whether the partial authorisation relates to companies or to individuals.

(4) The requirements are that the body—

(a) regulates the practice of a profession, and

(b) maintains and enforces rules for securing that its insolvency specialist members—

(i) are fit and proper persons to act as insolvency practitioners, and

(ii) meet acceptable requirements as to education and practical training and experience.

(5) The Secretary of State may make an order revoking an order under subsection (1) or (2) in relation to a professional body if it appears to the Secretary of State that the body no longer meets the requirements of subsection (4).

(6) The Secretary of State may make an order revoking an order under subsection (1) and replacing it with an order under subsection (2) in relation to a professional body if it appears to the Secretary of State that the body is capable of providing its insolvency specialist members with partial authorisation only.

(7) An order of the Secretary of State under this section has effect from such date as is specified in the order.

(8) An order revoking an order made under subsection (1) or (2) may make provision whereby members of the body in question continue to be treated as fully or partially authorised to act as insolvency practitioners (as the case may be) for a specified period after the revocation takes effect.

(9) In this section—

(a) references to members of a recognised professional body are to persons who, whether members of that body or not, are subject to its rules in the practice of the profession in question (and the references in section 390A to members of a recognised professional body are to be read accordingly);

(b) references to insolvency specialist members of a professional body are to members who are permitted by or under the rules of the body to act as insolvency practitioners.

(5) In section 415A of the Insolvency Act 1986 (fees orders (general))—

(a) in subsection (1) (fees for grant or maintenance of recognition of professional body), in paragraph (b) (power to refuse recognition, or revoke order of recognition, where fee not paid), after “391(1)” insert “ or (2) ” ;

(b) after subsection (1) (fees for grant or maintenance of recognition of professional body) insert—

(1A) Fees under subsection (1) may vary according to whether the body is recognised under section 391(1) (body providing full and partial authorisation) or under section 391(2) (body providing partial authorisation).

(6) An order under section 391(1) of the Insolvency Act 1986 (recognised professional bodies) made before the coming into force of this section is, following the coming into force of this section, to be treated as if it were made under section 391(1) as substituted by subsection (4) of this section.

Section 18 Auditors ceasing to hold office

(1) Chapter 4 of Part 16 of the Companies Act 2006 (audit: removal, resignation, etc of auditors) is amended as follows.

(2) In section 519 (statement by auditor to be deposited with company on ceasing to hold office), for subsections (1) to (3) substitute—

(1) An auditor of a public interest company who is ceasing to hold office (at any time and for any reason) must send to the company a statement of the reasons for doing so.

(2) An auditor (“A”) of a non-public interest company who is ceasing to hold office must send to the company a statement of the reasons for doing so unless A satisfies the first or second condition.

(2A) The first condition is that A is ceasing to hold office—

(a) in the case of a private company, at the end of a period for appointing auditors;

(b) in the case of a public company, at the end of an accounts meeting.

(2B) The second condition is that—

(a) A's reasons for ceasing to hold office are all exempt reasons (as to which see section 519A(3)), and

(b) there are no matters connected with A's ceasing to hold office that A considers need to be brought to the attention of members or creditors of the company.

(3) A statement under this section must include—

(a) the auditor's name and address;

(b) the number allocated to the auditor on being entered in the register of auditors kept under section 1239;

(c) the company's name and registered number.

(3A) Where there are matters connected with an auditor's ceasing to hold office that the auditor considers need to be brought to the attention of members or creditors of the company, the statement under this section must include details of those matters.

(3B) Where—

(a) an auditor (“A”) of a non-public interest company is required by subsection (2) to send a statement, and

(b) A considers that none of the reasons for A's ceasing to hold office, and no matters (if any) connected with A's ceasing to hold office, need to be brought to the attention of members or creditors of the company,

A's statement under this section must include a statement to that effect.

(3) After section 519 insert—

Meaning of “public interest company”, “non-public interest company” and “exempt reasons”

(519A)

(1) In this Chapter—

“ public interest company ” means a company—

any of whose transferable securities are included in the official list (within the meaning of Part 6 of the Financial Services and Markets Act 2000), or

any of whose equity share capital is officially listed in an EEA state;

“ non-public interest company ” means a company that is not a public interest company.

(2) For the purposes of the definition of “public interest company”, “ transferable securities ” means anything which is a transferable security for the purposes of Directive 2004/39/ EC of the European Parliament and of the Council on markets in financial instruments.

(3) In the application of this Chapter to an auditor (“A”) of a company ceasing to hold office, the following are “exempt reasons”—

(a) A is no longer to carry out statutory audit work within the meaning of Part 42 (see section 1210(1));

(b) the company is, or is to become, exempt from audit under section 477, 479A or 480, or from the requirements of this Part under section 482, and intends to include in its balance sheet a statement of the type described in section 475(2);

(c) the company is a subsidiary undertaking of a parent undertaking that is incorporated in the United Kingdom and—

(i) the parent undertaking prepares group accounts, and

(ii) A is being replaced as auditor of the company by the auditor who is conducting, or is to conduct, an audit of the group accounts;

(d) the company is being wound up under Part 4 of the Insolvency Act 1986 or Part 5 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), whether voluntarily or by the court, or a petition under Part 4 of that Act or Part 5 of that Order for the winding up of the company has been presented and not finally dealt with or withdrawn.

(4) But the reason described in subsection (3)(c) is only an exempt reason if the auditor who is conducting, or is to conduct, an audit of the group accounts is also conducting, or is also to conduct, the audit (if any) of the accounts of each of the subsidiary undertakings (of the parent undertaking) that is incorporated in the United Kingdom and included in the consolidation.

(5) The Secretary of State may by order amend the definition of “public interest company” in subsection (1).

(6) An order under subsection (5) is subject to negative resolution procedure.

(4) In section 523 (duty of company to notify appropriate audit authority), for subsections (1) to (3) substitute—

(1) This section applies if an auditor is ceasing to hold office—

(a) in the case of a private company, at any time other than at the end of a period for appointing auditors;

(b) in the case of a public company, at any time other than at the end of an accounts meeting.

(1A) But this section does not apply if the company reasonably believes that the only reasons for the auditor's ceasing to hold office are exempt reasons (as to which see section 519A(3)).

(2) Where this section applies, the company must give notice to the appropriate audit authority that the auditor is ceasing to hold office.

(2A) The notice is to take the form of a statement by the company of what the company believes to be the reasons for the auditor's ceasing to hold office and must include the information listed in section 519(3).

This is subject to subsection (2C).

(2B) Subsection (2C) applies where—

(a) the company receives a statement from the auditor under section 519,

(b) the statement is sent at the time required by section 519(4), and

(c) the company agrees with the contents of the statement.

(2C) Where this subsection applies, the notice may instead take the form of a copy of the statement endorsed by the company to the effect that it agrees with the contents of the statement.

(3) A notice under this section must be given within the period of 28 days beginning with the day on which the auditor ceases to hold office.

(5) Schedule 5 (auditors ceasing to hold office) makes provision about the following matters—

(a) the notification requirements that apply on an auditor ceasing to hold office;

(b) the requirements that apply if there is a failure to re-appoint an auditor;

(c) the replacement of references to documents being deposited at a company's registered office.

Section 19 Insolvency and company law: miscellaneous

Schedule 6 makes provision about the following matters—

(a) deeds of arrangement;

(b) administration and winding up of companies;

(c) disqualification of unfit directors of insolvent companies;

(d) bankruptcy;

(e) insolvency practitioners;

(f) liabilities of administrators etc and preferential debts;

(g) appointment of proxies under company law.

Section 20 Recorded rights of way: additional protection

In the Countryside and Rights of Way Act 2000, after section 55 (bridleway rights over ways shown as bridleways) insert—

Other protected rights: England

(55A)

(1) A surveying authority in England may not, at any time after the cut-off date, make a modification to a definitive map and statement under section 53(2)(b) of the Wildlife and Countryside Act 1981 if—

(a) the modification might affect the exercise of a protected right of way, and

(b) the only basis for the authority considering that the modification is requisite is the discovery by the authority of evidence that the right of way did not exist before 1 January 1949.

(2) In subsection (1), “ protected right of way ” means any right of way over land shown in the definitive map and statement on the cut-off date as a footpath, bridleway, restricted byway or byway open to all traffic.

(3) In this section, “ cut-off date ” has the meaning given in section 56.

Section 21 Unrecorded rights of way: protection from extinguishment

In the Countryside and Rights of Way Act 2000, after section 56 (cut-off date for extinguishment of certain unrecorded rights of way) insert—

Unrecorded rights of way: protection from extinguishment

(56A)

(1) The provision that may be made by regulations under section 56(2) by the Secretary of State includes—

(a) provision enabling a surveying authority to designate, at any time during the period of one year beginning with the cut-off date, public rights of way in their area that were extinguished immediately after that date, subject to any conditions or exceptions specified in the regulations;

(b) provision for a designated right of way to cease to be regarded as extinguished as from the time of the designation;

(c) provision requiring a surveying authority to determine, within a period specified in the regulations, whether to make an order under section 53(2) of the 1981 Act making modifications to a definitive map and statement to show a designated right of way;

(d) provision as to the procedure applicable in relation to such a determination, including provision for an application to be made to a magistrates' court where a surveying authority fails to make the determination within a period specified in the regulations;

(e) provision for a designated right of way to be extinguished if a surveying authority determines not to make an order under section 53(2) of the 1981 Act or if such an order is made but is not confirmed or is quashed, subject to any exceptions specified in the regulations;

(f) provision requiring a surveying authority to keep such information as may be specified in the regulations about designated rights of way in a separate part of the register maintained by them under section 53B of the 1981 Act.

(2) The provision that may be made by virtue of subsection (1)(d) includes provision applying Schedule 14A to the 1981 Act, subject to such modifications as may be specified in the regulations.

(3) Regulations under section 56(2) made by the Secretary of State may also provide—

(a) that an enactment specified in the regulations which would otherwise apply in relation to a designated right of way does not so apply, or so applies with modifications specified in the regulations, in relation to times during the designation period (see subsection (4) below);

(b) where an order under section 53(2) of the 1981 Act making modifications to a definitive map and statement to show a designated right of way takes effect, that the modifications are to be treated, for the purposes of section 55A, as having taken effect immediately before the cut-off date.

(4) In subsection (3)(a), “ the designation period ” means the period which—

(a) begins when the right of way is designated, and

(b) ends when—

(i) an order under section 53(2) of the 1981 Act making modifications to a definitive map and statement to show the right of way takes effect, or

(ii) if no such order is made, the right of way is extinguished in accordance with the regulations.

(5) In this section—

“ cut-off date ” has the meaning given in section 56;

“ enactment ” means a provision of an Act or of subordinate legislation (within the meaning of the Interpretation Act 1978).

Section 22 Conversion of public rights of way to private rights of way

(1) In the Countryside and Rights of Way Act 2000, after section 56A (as inserted by section 21) insert—

Conversion of certain public rights of way to private rights of way

(56B)

(1) This section applies where—

(a) a public right of way over land in England would be extinguished under section 53 immediately after the cut-off date, and

(b) on the cut-off date, the exercise of the right of way—

(i) is reasonably necessary to enable a person with an interest in land to obtain access to it, or

(ii) would have been reasonably necessary to enable that person to obtain access to a part of that land if the person had an interest in that part only.

(2) The public right of way becomes, immediately after the cut-off date, a private right of way of the same description for the benefit of the land or (as the case may be) the part of the land.

(3) For the purposes of subsection (1)(b), it is irrelevant whether the person is, on the cut-off date, in fact—

(a) exercising the existing public right of way, or

(b) able to exercise it.

(4) In this section, “ cut-off date ” has the meaning given in section 56.

(2) In consequence of the amendments made by sections 20 and 21 and this section, in section 56 of the 2000 Act, in subsection (1), for “sections 53 and 55” substitute “ sections 53, 55, 55A, 56A and 56B ” .

Section 23 Applications by owners etc for public path orders

(1) The Highways Act 1980 is amended as follows.

(2) In section 118ZA(1) (which makes provision for owners, lessees or occupiers of certain land to be able to apply for a public path extinguishment order), after “horses” insert “ , or of any land in England of a prescribed description, ” .

(3) In section 119ZA(1) (which makes provision for owners, lessees or occupiers of certain land to be able to apply for a public path diversion order), after “horses” insert “ , or of any land in England of a prescribed description, ” .

(4) In section 121E(1) (which specifies the duties of the Secretary of State on certain appeals relating to the extinguishment or diversion of public paths), after “section 121D(1)(a) above,” insert “ in relation to an application made under section 118C or 119C above or an application made under section 118ZA or 119ZA above to a council in Wales, ” .

(5) After section 121E(1) insert—

(1A) Where an appeal to the Secretary of State is brought under section 121D(1)(a) above, in relation to an application made under section 118ZA or 119ZA above to a council in England, the Secretary of State shall either—

(a) determine not to make an order on the application, or

(b) take the steps mentioned in subsection (1)(a) to (c).

(1B) Where the Secretary of State determines under subsection (1A)(a) not to make an order, the Secretary of State shall inform the applicant of the decision and the reasons for it.

(6) In Schedule 6, in paragraph 2A(1)(b), after “section 121E(1)(c)” insert “ or (1A)(a) ” .

Section 24 Extension of powers to authorise erection of gates at owner's request

(1) Section 147 of the Highways Act 1980 (which allows highway authorities etc to authorise the erection of stiles and gates etc on footpaths or bridleways crossing agricultural land) is amended as follows.

(2) In subsection (1), after “For the purposes of this section” insert “ as it applies in relation to footpaths or bridleways, ” .

(3) After subsection (1) insert—

(1A) The following provisions of this section, so far as relating to the erection of gates, also apply where the owner, lessee or occupier of agricultural land in England, or of land in England which is being brought into use for agriculture, represents to a competent authority in England, as respects a restricted byway or byway open to all traffic that crosses the land, that for securing that the use, or any particular use, of the land for agriculture shall be efficiently carried on, it is expedient that gates for preventing the ingress or egress of animals should be erected on the byway.

For the purposes of this section the following are competent authorities—

(a) in the case of a restricted byway which is for the time being maintained by a non-metropolitan district council by virtue of section 42 above, that council and also the highway authority; and

(b) in the case of any other restricted byway or in the case of a byway open to all traffic, the highway authority.

(4) In subsection (3), for “footpath or bridleway” substitute “ footpath, bridleway or byway ” .

(5) After subsection (5) insert—

(5A) In this section, “ byway open to all traffic ” has the same meaning as in Part 3 of the Wildlife and Countryside Act 1981 (see section 66(1) of that Act).

(6) In consequence of the amendments made by this section to section 147, section 146 of the 1980 Act is amended as follows—

(a) in subsection (1), after “restricted byway” (in the first place it occurs) insert “ or across a byway open to all traffic in England ” ;

(b) in that subsection, for “or restricted byway” (in the second place it occurs) substitute “ , restricted byway or byway open to all traffic ” ;

(c) in subsection (2)(b), after “restricted byway” insert “ or in the case of a byway open to all traffic ” ;

(d) after subsection (5) insert—

(6) In this section, “ byway open to all traffic ” has the same meaning as in Part 3 of the Wildlife and Countryside Act 1981 (see section 66(1) of that Act).

(e) in the heading to the section, for “restricted byways” substitute “ byways ” .

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

(1) The Highways Act 1980 is amended as follows.

(2) In section 118ZA(3) (which deals with the making of regulations imposing charges in connection with applications by owners etc for a public path extinguishment order), in paragraph (a), after “this section” insert “ to a council in Wales ” .

(3) In section 119ZA(5) (which deals with the making of regulations imposing charges in connection with applications by owners etc for a public path diversion order), in paragraph (a), after “this section” insert “ to a council in Wales ” .

(4) In section 121A(1) (which confers power to make regulations about applications for public path extinguishment and diversion orders), in paragraph (f), for “prescribed charge” substitute “ charge prescribed under the section ” .

(5) In section 121E(8) (which makes provision about what may be included in regulations about appeals under section 121D(1)), in paragraph (j), for “prescribed charge” substitute “ charge prescribed under section 118ZA(3) or 119ZA(5) ” .

(6) In Part 1 of Schedule 6 (procedure for making and confirming certain orders relating to footpaths, bridleways and restricted byways), in paragraph 2B (which makes supplemental provision about hearings held under paragraph 2 of the Schedule), after sub-paragraph (3) insert—

(4) For the purposes of sub-paragraph (1) as it applies in relation to section 250(4) of the Local Government Act 1972, the consideration by a person appointed as mentioned in sub-paragraph (2)(b), (2A)(b), (3)(b) or (5) of paragraph 2 of any representations or objections about an order relating to land in England is to be treated as a hearing which the Secretary of State has caused to be held under that paragraph.

Section 26 Public rights of way: procedure

(1) Schedule 7 makes changes to the law about the ascertainment of public rights of way in England and the making and confirmation of orders relating to such rights.

(2) Part 1 of the Schedule amends Part 3 of the Wildlife and Countryside Act 1981 (“ the 1981 Act ”) so as to—

(a) alter the test that applies where a local authority is deciding whether to modify a definitive map and statement on the basis of evidence relating to the existence of a right of way not currently shown on the map;

(b) enable regulations to be made to simplify the procedure that applies where a modification of a definitive map and statement is needed because of an administrative error;

(c) enable regulations to be made so that applications made to a local authority seeking a modification of a definitive map and statement do not need to be included in the register of applications unless the authority have given notice that there is a reasonable basis for the applicant's belief that the map should be modified;

(d) facilitate the making of modifications of a definitive map and statement by consent in cases based on documentary evidence of the existence of a right of way before 1949.

(3) Part 2 of the Schedule inserts a new Schedule 13A in Part 3 of the 1981 Act, which sets out an amended procedure that applies in relation to the making and determination of applications to a local authority in England for a modification of a definitive map and statement.

(4) Part 3 of the Schedule inserts a new Schedule 14A in Part 3 of the 1981 Act, which sets out an amended procedure that applies in relation to the making and confirmation of orders making modifications of a definitive map and statement.

(5) Part 4 of the Schedule amends Schedule 6 to the Highways Act 1980 so as to make changes to the procedure for the making and confirmation of public path creation orders and certain other orders relating to public paths in England.

(6) Part 5 of the Schedule makes amendments that are consequential on the other Parts.

(7) The Secretary of State may by regulations make provision for an amendment made by paragraph 5 of Part 1 or by Part 2 or 3 of Schedule 7 to apply, in relation to applications for an order under section 53(2) of the 1981 Act that are made before the amendment comes into force, with modifications specified in the regulations.

(8) Regulations under subsection (7) may make different provision for different purposes.

(9) Regulations under subsection (7) must be made by statutory instrument.

(10) A statutory instrument containing regulations under subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament.

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

In the Public Statues (Metropolis) Act 1854, omit section 5 (which requires the consent of the Secretary of State to the erection of public statues in London).

Section 28 Reduction of qualifying period for right to buy

(1) The Housing Act 1985 is amended as follows.

(2) In section 119 (which sets out the qualifying period for the right to buy), before subsection (1) insert—

(A1) In the application of this Part to England, the right to buy does not arise unless the period which, in accordance with Schedule 4, is to be taken into account for the purposes of this section is at least three years.

(3) In subsection (1), at the beginning insert “ In the application of this Part to Wales, ” .

(4) In subsection (2), after “subsection” insert “ (A1) or ” .

Section 29 Removal of power to require preparation of housing strategies

(1) Section 87 of the Local Government Act 2003 (which confers power on the Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, to require local housing authorities to have housing strategies and to prepare housing statements) ceases to have effect in relation to England.

(2) Accordingly, that section is amended as follows.

(3) In subsection (1)—

(a) in the opening words, for “The appropriate person” substitute “ The Welsh Ministers ” ;

(b) in paragraph (a)—

(i) after “a local housing authority” insert “ in Wales ” ;

(ii) for “the appropriate person” substitute “ the Welsh Ministers ” .

(4) In subsection (2)—

(a) for “The appropriate person” substitute “ The Welsh Ministers ” ;

(b) after “a local housing authority” insert “ in Wales ” ;

(c) for “the appropriate person” (in each place where it occurs) substitute “ the Welsh Ministers ” .

(5) In subsection (3)—

(a) in the opening words, for “The appropriate person” substitute “ The Welsh Ministers ” ;

(b) in paragraph (c), for “the appropriate person” substitute “ the Welsh Ministers ” .

(6) In consequence of the amendments made by this section to section 87 of the 2003 Act—

(a) in section 88(2) of that Act, in paragraph (a), after “an authority” insert “ in Wales ” ;

(b) in section 333D(3) of the Greater London Authority Act 1999, in the definition of “local housing strategy”—

(i) omit paragraph (a);

(ii) in paragraph (b), omit “other”.

Section 30 Tenancy deposits: provision of information by agents

(1) The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (S.I. 2007/797) is amended as follows.

(2) In article 2 (prescribed information relating to tenancy deposits), after paragraph (2) insert—

(3) In a case where the initial requirements of an authorised scheme have been complied with in relation to the deposit by a person (“the initial agent”) acting on the landlord's behalf in relation to the tenancy—

(a) references in paragraph (1)(b), (g)(iii) and (vii) to the landlord are to be read as references to either the landlord or the initial agent;

(b) references in paragraphs (1)(d), (e), (g)(iv) and (vi) and (2) to the landlord are to be read as references to either the landlord or a person who acts on the landlord's behalf in relation to the tenancy.

(4) In any other case, references in paragraphs (1)(d), (e), (g)(iv) and (vi) and (2) to the landlord are to be read as references to either the landlord or a person who acts on the landlord's behalf in relation to the tenancy.

(5) Section 212(9)(a) of the Act (references to landlord include persons acting on landlord's behalf) does not apply for the purposes of this article.

(3) After article 2 insert—

Article 2(3) to (5): transitional provisions

(3)

(1) Paragraphs (3) to (5) of article 2 are treated as having had effect since 6th April 2007, subject to the following provisions of this article.

(2) Paragraphs (3) to (5) of article 2 do not have effect in relation to—

(a) a claim under section 214 of the Act or section 21 of the Housing Act 1988 in respect of a tenancy which is settled before the commencement date (whether or not proceedings in relation to the claim have been instituted), or

(b) proceedings under either of those sections in respect of a tenancy which have been finally determined before the commencement date.

(3) Paragraph (5) applies in respect of a tenancy if—

(a) proceedings under section 214 of the Act in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and

(b) because of paragraphs (3) to (5) of article 2, the court decides—

(i) not to make an order under section 214(4) of that Act in respect of the tenancy, or

(ii) to allow an appeal by the landlord against such an order.

(4) Paragraph (5) also applies in respect of a tenancy if—

(a) proceedings for possession under section 21 of the Housing Act 1988 in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and

(b) because of paragraphs (3) to (5) of article 2, the court decides—

(i) to make an order for possession under that section in respect of the tenancy, or

(ii) to allow an appeal by the landlord against a refusal to make such an order.

(5) Where this paragraph applies, the court must not order the tenant or any relevant person (as defined by section 213(10) of the Act) to pay the landlord's costs, to the extent that the court reasonably considers those costs are attributable to the proceedings under section 214 of the Act or (as the case may be) section 21 of the Housing Act 1988.

(6) Proceedings have been “ finally determined ” for the purposes of this article if—

(a) they have been determined by a court, and

(b) there is no further right to appeal against the determination.

(7) There is no further right to appeal against a court determination if there is no right to appeal against the determination, or there is such a right but—

(a) the time limit for making an appeal has expired without an appeal being brought, or

(b) an appeal brought within that time limit has been withdrawn.

(8) In this article “ the commencement date ” means the date on which the Deregulation Act 2015 is passed.

(4) The amendments made by this section to the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (S.I. 2007/797) do not affect a power to use subordinate legislation to amend or revoke that Order.

(5) In subsection (4), “ subordinate legislation ” has the same meaning as in the Interpretation Act 1978.

Section 31 Tenancy deposits: non-compliance with requirements

(1) Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes) is amended as follows.

(2) In section 214 (proceedings relating to tenancy deposits), in subsection (1), after “shorthold tenancy” insert “ on or after 6 April 2007 ” .

(3) In section 215 (sanctions for non-compliance)—

(a) for subsection (1) substitute—

(1) Subject to subsection (2A), if (whether before, on or after 6 April 2007) a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when the deposit is not being held in accordance with an authorised scheme.

(1A) Subject to subsection (2A), if a tenancy deposit has been paid in connection with a shorthold tenancy on or after 6 April 2007, no section 21 notice may be given in relation to the tenancy at a time when section 213(3) has not been complied with in relation to the deposit.

(b) in subsection (2A), after “Subsections (1)” insert “ , (1A) ” .

Section 32 Tenancy deposits: deemed compliance with requirements

In Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes), after section 215 insert—

Statutory periodic tenancies: deposit received before 6 April 2007

(215A)

(1) This section applies where—

(a) before 6 April 2007, a tenancy deposit has been received by a landlord in connection with a fixed term shorthold tenancy,

(b) on or after that date, a periodic shorthold tenancy is deemed to arise under section 5 of the Housing Act 1988 on the coming to an end of the fixed term tenancy,

(c) on the coming to an end of the fixed term tenancy, all or part of the deposit paid in connection with the fixed term tenancy is held in connection with the periodic tenancy, and

(d) the requirements of section 213(3), (5) and (6) have not been complied with by the landlord in relation to the deposit held in connection with the periodic tenancy.

(2) If, on the commencement date—

(a) the periodic tenancy is in existence, and

(b) all or part of the deposit paid in connection with the fixed term tenancy continues to be held in connection with the periodic tenancy,

section 213 applies in respect of the deposit that continues to be held in connection with the periodic tenancy, and any additional deposit held in connection with that tenancy, with the modifications set out in subsection (3).

(3) The modifications are that, instead of the things referred to in section 213(3) and (5) being required to be done within the time periods set out in section 213(3) and (6)(b), those things are required to be done—

(a) before the end of the period of 90 days beginning with the commencement date, or

(b) (if earlier) before the first day after the commencement date on which a court does any of the following in respect of the periodic tenancy—

(i) determines an application under section 214 or decides an appeal against a determination under that section;

(ii) makes a determination as to whether to make an order for possession in proceedings under section 21 of the Housing Act 1988 or decides an appeal against such a determination.

(4) If, on the commencement date—

(a) the periodic tenancy is no longer in existence, or

(b) no deposit continues to be held in connection with the periodic tenancy,

the requirements of section 213(3), (5) and (6) are treated as if they had been complied with by the landlord in relation to any deposit that was held in connection with the periodic tenancy.

(5) In this section “ the commencement date ” means the date on which the Deregulation Act 2015 is passed.

Shorthold tenancies: deposit received on or after 6 April 2007

(215B)

(1) This section applies where—

(a) on or after 6 April 2007, a tenancy deposit has been received by a landlord in connection with a shorthold tenancy (“the original tenancy”),

(b) the initial requirements of an authorised scheme have been complied with by the landlord in relation to the deposit (ignoring any requirement to take particular steps within any specified period),

(c) the requirements of section 213(5) and (6)(a) have been complied with by the landlord in relation to the deposit when it is held in connection with the original tenancy (ignoring any deemed compliance under section 215A(4)),

(d) a new shorthold tenancy comes into being on the coming to an end of the original tenancy or a tenancy that replaces the original tenancy (directly or indirectly),

(e) the new tenancy replaces the original tenancy (directly or indirectly), and

(f) when the new tenancy comes into being, the deposit continues to be held in connection with the new tenancy, in accordance with the same authorised scheme as when the requirements of section 213(5) and (6)(a) were last complied with by the landlord in relation to the deposit.

(2) In their application to the new tenancy, the requirements of section 213(3), (5) and (6) are treated as if they had been complied with by the landlord in relation to the deposit.

(3) The condition in subsection (1)(a) may be met in respect of a tenancy even if the tenancy deposit was first received in connection with an earlier tenancy (including where it was first received before 6 April 2007).

(4) For the purposes of this section, a tenancy replaces an earlier tenancy if—

(a) the landlord and tenant immediately before the coming to an end of the earlier tenancy are the same as the landlord and tenant at the start of the new tenancy, and

(b) the premises let under both tenancies are the same or substantially the same.

Sections 215A and 215B: transitional provisions

(215C)

(1) Sections 215A and 215B are treated as having had effect since 6 April 2007, subject to the following provisions of this section.

(2) Sections 215A and 215B do not have effect in relation to—

(a) a claim under section 214 of this Act or section 21 of the Housing Act 1988 in respect of a tenancy which is settled before the commencement date (whether or not proceedings in relation to the claim have been instituted), or

(b) proceedings under either of those sections in respect of a tenancy which have been finally determined before the commencement date.

(3) Subsection (5) applies in respect of a tenancy if—

(a) proceedings under section 214 in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and

(b) because of section 215A(4) or 215B(2), the court decides—

(i) not to make an order under section 214(4) in respect of the tenancy, or

(ii) to allow an appeal by the landlord against such an order.

(4) Subsection (5) also applies in respect of a tenancy if—

(a) proceedings for possession under section 21 of the Housing Act 1988 in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and

(b) because of section 215A(4) or 215B(2), the court decides—

(i) to make an order for possession under that section in respect of the tenancy, or

(ii) to allow an appeal by the landlord against a refusal to make such an order.

(5) Where this subsection applies, the court must not order the tenant or any relevant person (as defined by section 213(10)) to pay the landlord's costs, to the extent that the court reasonably considers those costs are attributable to the proceedings under section 214 of this Act or (as the case may be) section 21 of the Housing Act 1988.

(6) Proceedings have been “ finally determined ” for the purposes of this section if —

(a) they have been determined by a court, and

(b) there is no further right to appeal against the determination.

(7) There is no further right to appeal against a court determination if there is no right to appeal against the determination, or there is such a right but—

(a) the time limit for making an appeal has expired without an appeal being brought, or

(b) an appeal brought within that time limit has been withdrawn.

(8) In this section “ the commencement date ” means the date on which the Deregulation Act 2015 is passed.

Section 33 Preventing retaliatory eviction

(1) Where a relevant notice is served in relation to a dwelling-house in England, a section 21 notice may not be given in relation to an assured shorthold tenancy of the dwelling-house—

(a) within six months beginning with the day of service of the relevant notice, or

(b) where the operation of the relevant notice has been suspended, within six months beginning with the day on which the suspension ends.

(2) A section 21 notice given in relation to an assured shorthold tenancy of a dwelling-house in England is invalid where—

(a) before the section 21 notice was given, the tenant made a complaint in writing to the landlord regarding the condition of the dwelling-house at the time of the complaint,

(b) the landlord—

(i) did not provide a response to the complaint within 14 days beginning with the day on which the complaint was given,

(ii) provided a response to the complaint that was not an adequate response, or

(iii) gave a section 21 notice in relation to the dwelling-house following the complaint,

(c) the tenant then made a complaint to the relevant local housing authority about the same, or substantially the same, subject matter as the complaint to the landlord,

(d) the relevant local housing authority served a relevant notice in relation to the dwelling-house in response to the complaint, and

(e) if the section 21 notice was not given before the tenant's complaint to the local housing authority, it was given before the service of the relevant notice.

(3) The reference in subsection (2) to an adequate response by the landlord is to a response in writing which—

(a) provides a description of the action that the landlord proposes to take to address the complaint, and

(b) sets out a reasonable timescale within which that action will be taken.

(4) Subsection (2) applies despite the requirement in paragraph (a) for a complaint to be in writing not having been met where the tenant does not know the landlord's postal or e-mail address.

(5) Subsection (2) applies despite the requirements in paragraphs (a) and (b) not having been met where the tenant made reasonable efforts to contact the landlord to complain about the condition of the dwelling-house but was unable to do so.

(6) The court must strike out proceedings for an order for possession under section 21 of the Housing Act 1988 in relation to a dwelling-house in England if, before the order is made, the section 21 notice that would otherwise require the court to make an order for possession in relation to the dwelling-house has become invalid under subsection (2).

(7) An order for possession of a dwelling-house in England made under section 21 of the Housing Act 1988 must not be set aside on the ground that a relevant notice was served in relation to the dwelling-house after the order for possession was made.

(8) Subsection (1) does not apply where the section 21 notice is given after—

(a) the relevant notice has been wholly revoked under section 16 of the Housing Act 2004 as a result of the notice having been served in error,

(b) the relevant notice has been quashed under paragraph 15 of Schedule 1 to that Act,

(c) a decision of the relevant local housing authority to refuse to revoke the relevant notice has been reversed under paragraph 18 of Schedule 1 to that Act, or

(d) a decision of the relevant local housing authority to take the action to which the relevant notice relates has been reversed under section 45 of that Act.

(9) Subsection (2) does not apply where the operation of the relevant notice has been suspended.

(10) References in this section and section 34 to a relevant notice served, or complaint made, in relation to a dwelling-house include a relevant notice served, or complaint made, in relation to any common parts of the building of which the dwelling-house forms a part.

(11) But subsection (10) applies only if—

(a) the landlord has a controlling interest in the common parts in question, and

(b) the condition of those common parts is such as to affect the tenant's enjoyment of the dwelling-house or of any common parts which the tenant is entitled to use.

(12) In this section and section 34 a reference to a complaint to a landlord includes a complaint made to a person acting on behalf of the landlord in relation to the tenancy.

(13) In this section and section 34—

“ assured shorthold tenancy ” means a tenancy within section 19A or 20 of the Housing Act 1988;

“ common parts ”, in relation to a building, includes—

the structure and exterior of the building, and

common facilities provided (whether or not in the building) for persons who include one or more of the occupiers of the building;

“ controlling interest ” means an interest which is such as to entitle the landlord to decide whether action is taken in relation to a complaint within this section or a relevant notice;

“ dwelling-house ” has the meaning given by section 45 of the Housing Act 1988;

“ relevant local housing authority ”, in relation to a dwelling-house, means the local housing authority as defined in section 261(2) and (3) of the Housing Act 2004 within whose area the dwelling-house is located;

“ relevant notice ” means—

a notice served under section 11 of the Housing Act 2004 (improvement notices relating to category 1 hazards),

a notice served under section 12 of that Act (improvement notices relating to category 2 hazards), or

a notice served under section 40(7) of that Act (emergency remedial action);

“ section 21 notice ” means a notice given under section 21(1)(b) or (4)(a) of the Housing Act 1988 (recovery of possession on termination of shorthold tenancy).

Section 34 Further exemptions to section 33

(1) Subsections (1) and (2) of section 33 do not apply where the condition of the dwelling-house or common parts that gave rise to the service of the relevant notice is due to a breach by the tenant of—

(a) the duty to use the dwelling-house in a tenant-like manner, or

(b) an express term of the tenancy to the same effect.

(2) Subsections (1) and (2) of section 33 do not apply where at the time the section 21 notice is given the dwelling-house is genuinely on the market for sale.

(3) For the purposes of subsection (2), a dwelling-house is not genuinely on the market for sale if, in particular, the landlord intends to sell the landlord's interest in the dwelling-house to—

(a) a person associated with the landlord,

(b) a business partner of the landlord,

(c) a person associated with a business partner of the landlord, or

(d) a business partner of a person associated with the landlord.

(4) In subsection (3), references to a person who is associated with another person are to be read in accordance with section 178 of the Housing Act 1996.

(5) For the purposes of subsection (3), a business partner of a person (“P”) is a person who is—

(a) a director, secretary or other officer of a company of which P is also a director, secretary or other officer,

(b) a director, secretary or other officer of a company in which P has a shareholding or other financial interest,

(c) a person who has a shareholding or other financial interest in a company of which P is a director, secretary or other officer,

(d) an employee of P,

(e) a person by whom P is employed, or

(f) a partner of a partnership of which P is also a partner.

(6) Subsections (1) and (2) of section 33 do not apply where the landlord is a private registered provider of social housing.

(7) Subsections (1) and (2) of section 33 do not apply where—

(a) the dwelling-house is subject to a mortgage granted before the beginning of the tenancy,

(b) the mortgagee is entitled to exercise a power of sale conferred on the mortgagee by the mortgage or by section 101 of the Law of Property Act 1925, and

(c) at the time the section 21 notice is given the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power.

(8) In subsection (7)—

(a) “ mortgage ” includes a charge, and

(b) “ mortgagee ” includes a receiver appointed by the mortgagee under the terms of the mortgage or in accordance with the Law of Property Act 1925.

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

In section 21 of the Housing Act 1988 (recovery of possession on termination of shorthold tenancy), after subsection (4) insert—

(4ZA) In the case of a dwelling-house in England, subsection (4)(a) above has effect with the omission of the requirement for the date specified in the notice to be the last day of a period of the tenancy.

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

(1) Section 21 of the Housing Act 1988 is amended as follows.

(2) After subsection (4A) insert—

(4B) A notice under subsection (1) or (4) may not be given in relation to an assured shorthold tenancy of a dwelling-house in England—

(a) in the case of a tenancy which is not a replacement tenancy, within the period of four months beginning with the day on which the tenancy began, and

(b) in the case of a replacement tenancy, within the period of four months beginning with the day on which the original tenancy began.

(4C) Subsection (4B) does not apply where the tenancy has arisen due to section 5(2).

(4D) Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun after the end of the period of six months beginning with the date on which the notice was given under subsection (1) or (4).

(4E) Where—

(a) a notice under subsection (4) has been given in relation to a dwelling-house in England, and

(b) paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given,

proceedings for an order for possession under this section may not be begun after the end of the period of four months beginning with the date specified in the notice.

(3) In subsection (6), for “subsection” substitute “ subsections (4B)(b) and ” .

Section 37 Prescribed form of section 21 notices

In section 21 of the Housing Act 1988, after subsection (7) insert—

(8) The Secretary of State may by regulations made by statutory instrument prescribe the form of a notice under subsection (1) or (4) given in relation to an assured shorthold tenancy of a dwelling-house in England.

(9) A statutory instrument containing regulations made under subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 38 Compliance with prescribed legal requirements

After section 21 of the Housing Act 1988 insert—

Compliance with prescribed legal requirements

(21A)

(1) A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a prescribed requirement.

(2) The requirements that may be prescribed are requirements imposed on landlords by any enactment and which relate to—

(a) the condition of dwelling-houses or their common parts,

(b) the health and safety of occupiers of dwelling-houses, or

(c) the energy performance of dwelling-houses.

(3) In subsection (2) “ enactment ” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.

(4) For the purposes of subsection (2)(a) “ common parts ” has the same meaning as in Ground 13 in Part 2 of Schedule 2.

(5) A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 39 Requirement for landlord to provide prescribed information

After section 21A of the Housing Act 1988 insert—

Requirement for landlord to provide prescribed information

(21B)

(1) The Secretary of State may by regulations require information about the rights and responsibilities of a landlord and a tenant under an assured shorthold tenancy of a dwelling-house in England (or any related matters) to be given by a landlord under such a tenancy, or a person acting on behalf of such a landlord, to the tenant under such a tenancy.

(2) Regulations under subsection (1) may—

(a) require the information to be given in the form of a document produced by the Secretary of State or another person,

(b) provide that the document to be given is the version that has effect at the time the requirement applies, and

(c) specify cases where the requirement does not apply.

(3) A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a requirement imposed by regulations under subsection (1).

(4) A statutory instrument containing regulations made under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

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

After section 21B of the Housing Act 1988 insert—

Repayment of rent where tenancy ends before end of a period

(21C)

(1) A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord where—

(a) as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy,

(b) the tenant has paid rent in advance for that period, and

(c) the tenant was not in occupation of the dwelling-house for one or more whole days of that period.

(2) The amount of repayment to which a tenant is entitled under subsection (1) is to be calculated in accordance with the following formula—

where—

R is the rent paid for the final period;

D is the number of whole days of the final period for which the tenant was not in occupation of the dwelling-house; and

P is the number of whole days in that period.

(3) If the repayment of rent described in subsections (1) and (2) has not been made when the court makes an order for possession under section 21, the court must order the landlord to repay the amount of rent to which the tenant is entitled.

(4) Nothing in this section affects any other right of the tenant to a repayment of rent from the landlord.

Section 41 Application of sections 33 to 40

(1) Subject to subsections (2) and (3), a provision of sections 33 to 40 applies only to an assured shorthold tenancy of a dwelling-house in England granted on or after the day on which the provision comes into force.

(2) Subject to subsection (3), a provision of sections 33 to 40 does not apply to an assured shorthold tenancy that came into being under section 5(2) of the Housing Act 1988 after the commencement of that provision and on the coming to an end of an assured shorthold tenancy that was granted before the commencement of that provision.

(3) At the end of the period of three years beginning with the coming into force of a provision of sections 33 to 38 or section 40, that provision also applies to any assured shorthold tenancy of a dwelling-house in England—

(a) which is in existence at that time, and

(b) to which that provision does not otherwise apply by virtue of subsection (1) or (2).

Section 42 Optional building requirements

After section 2A of the Building Act 1984 insert—

Optional requirements

(2B)

(1) Building regulations made by the Secretary of State in relation to England may include a requirement that applies only where a planning authority makes compliance with the requirement a condition of a grant of planning permission.

(2) In the following provisions of this section, a requirement included in building regulations by virtue of subsection (1) is referred to as an “ optional requirement ”.

(3) Building regulations may specify that an optional requirement is capable of applying only in respect of development of a kind described in the regulations.

(4) Building regulations may specify conditions that must be satisfied before a planning authority may make compliance with an optional requirement a condition of the grant of planning permission.

(5) Building regulations may specify the steps that a planning authority must take to inform a person subject to an optional requirement of the requirement.

(6) Where building regulations include an optional requirement that would (to any extent) be inconsistent with another requirement imposed by the regulations, the building regulations must provide—

(a) that the other requirement does not apply in any case where the optional requirement applies, or

(b) that the other requirement applies in any such case with modifications specified in the regulations.

(7) In this section —

“ development ” has the same meaning as in the Town and Country Planning Act 1990 (see section 55 of that Act);

“ planning authority ” means—

a local planning authority within the meaning of that Act (see section 336(1));

the Secretary of State (in the exercise of functions of granting planning permission);

“ planning permission ” has the same meaning as in that Act (see section 336(1)).

Section 43 Amendment of Planning and Energy Act 2008

In the Planning and Energy Act 2008, in section 1 (energy policies), after subsection (1) insert—

(1A) Subsection (1)(c) does not apply to development in England that consists of the construction or adaptation of buildings to provide dwellings or the carrying out of any work on dwellings.

Section 44 Short-term use of London accommodation: relaxation of restrictions

(1) The Greater London Council (General Powers) Act 1973 is amended as follows.

(2) In section 25 (provision of temporary sleeping accommodation to constitute material change of use), after subsection (1) insert—

(1A) Subsection (1) is subject to section 25A.

(3) After section 25 insert—

Exception to section 25

(25A)

(1) Despite section 25(1), the use as temporary sleeping accommodation of any residential premises in Greater London does not involve a material change of use if two conditions are met.

(2) The first is that the sum of—

(a) the number of nights of use as temporary sleeping accommodation, and

(b) the number of nights (if any) of each previous use of the premises as temporary sleeping accommodation in the same calendar year,

does not exceed ninety.

(3) The second is that, in respect of each night which falls to be counted under subsection (2)(a)—

(a) the person who provided the sleeping accommodation for the night was liable to pay council tax under Part 1 of the Local Government Finance Act 1992 in respect of the premises, or

(b) where more than one person provided the sleeping accommodation for the night, at least one of those persons was liable to pay council tax under Part 1 of that Act in respect of the premises.

(4) For the purposes of subsection (2)(b), it does not matter whether any previous use was by the same person.

(4) After section 25A (inserted by subsection (3) above) insert—

Further provision about section 25A

(25B)

(1) The local planning authority or the Secretary of State may direct that section 25A is not to apply—

(a) to particular residential premises specified in the direction;

(b) to residential premises situated in a particular area specified in the direction.

(2) A direction under subsection (1) may be given only if the local planning authority or (as the case may be) the Secretary of State considers that it is necessary to protect the amenity of the locality.

(3) The local planning authority may give a direction under subsection (1) only with the consent of the Secretary of State.

(4) A direction under subsection (1) may be revoked by the person who gave it, whether or not an application is made for the revocation.

(5) The Secretary of State may—

(a) delegate the functions of the Secretary of State under subsection (1) or (4) to the local planning authority;

(b) direct that a local planning authority may give directions under this section without the consent of the Secretary of State.

(6) The Secretary of State may revoke a delegation under subsection (5)(a) or a direction under subsection (5)(b).

(7) The Secretary of State may by regulations made by statutory instrument make provision—

(a) as to the procedure which must be followed in connection with the giving of a direction under subsection (1) or in connection with the revocation of such a direction under subsection (4);

(b) as to the information which must be provided where the local planning authority seeks the consent of the Secretary of State to the giving of a direction under subsection (1).

(8) A statutory instrument containing regulations under subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament.

(9) In this section, “ local planning authority ” has the same meaning as in the Town and Country Planning Act 1990 (see section 336(1) of that Act).

Section 45 Short-term use of London accommodation: power to relax restrictions

(1) The Secretary of State may by regulations made by statutory instrument provide that section 25(1) of the Greater London Council (General Powers) Act 1973 does not apply if conditions specified by the regulations are met.

(2) Regulations under subsection (1) must include provision corresponding to section 25B of that Act.

(3) Regulations under this section may amend the Greater London Council (General Powers) Act 1973.

(4) Regulations under this section may—

(a) make different provision for different purposes;

(b) include incidental, supplementary, consequential, transitional, transitory or saving provision.

(5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Section 46 Designation of urban development areas: procedure

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

Section 47 Establishment of urban development corporations: procedure

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

Section 48 Provision of advice etc about residential licences

In the Housing Act 1996, after section 220 insert—

Provision of general advice etc about residential licences: England

(220A)

(1) The Secretary of State may give financial assistance to any person in relation to the provision by that person of—

(a) information, training or general advice about any matter relating to residential licences in England, or

(b) a dispute resolution service in connection with any matter relating to residential licences in England.

(2) Financial assistance under this section may be given in such form and on such terms as the Secretary of State considers appropriate.

(3) The terms on which financial assistance under this section may be given may, in particular, include provision as to the circumstances in which the assistance must be repaid or otherwise made good to the Secretary of State and the manner in which that is to be done.

Section 49 Removal of restrictions on provision of passenger rail services

(1) In Part 2 of the Transport Act 1968 (integrated transport areas and passenger transport areas), in section 10(1) (general powers of Executive)—

(a) before paragraph (ii) insert—

(ia) to carry passengers by railway—

(a) where that area is in England, between places in that area, between such places and any place in Great Britain which is outside that area, or between places in Great Britain which are outside that area, or

(b) where that area is in Wales or Scotland, between places in that area or between such places and any place outside that area but within the permitted distance, that is to say, the distance of twenty-five miles from the nearest point on the boundary of that area;

(b) in paragraph (ii), for “other form of land transport” substitute “ form of land transport other than road or railway ” .

(2) Schedule 8 contains—

(a) amendments in consequence of subsection (1), and

(b) further amendments in connection with the provision of passenger rail services.

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

(1) Section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed limits), as substituted by section 19 of the Road Safety Act 2006, is amended in accordance with subsections (2) and (3).

(2) In subsection (1)—

(a) in paragraph (a), omit “, for ambulance purposes”;

(b) after paragraph (a) insert—

(aa) it is being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service

(c) in paragraph (c), after “paragraph (a)” insert “ , (aa) ” .

(3) After subsection (1) insert—

(1A) In subsection (1)(aa), “ an NHS ambulance service ” means—

(a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;

(b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;

(c) the Scottish Ambulance Service Board.

(4) If this section comes into force before section 19 of the Road Safety Act 2006, section 87 of the Road Traffic Regulation Act 1984 (as it has effect until section 19 comes into force) is amended as follows.

(5) After subsection (1) insert—

(1A) Subsection (1) above applies in relation to a vehicle that, although not being used for ambulance purposes, is being used for the purpose of providing a response to an emergency at the request of an NHS ambulance service.

(1B) In subsection (1A), “ an NHS ambulance service ” means—

(a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;

(b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;

(c) the Scottish Ambulance Service Board.

(6) Schedule 9 makes further amendments to road traffic legislation in connection with the use of vehicles in the provision of an emergency response by the NHS.