Deregulation Bill

second
marshalled
list of amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 27th January 2015, as follows—

Clauses 56 to 72
Clause 36
Schedule 19
Schedule 9
Clauses 73 to 83
Clause 37
Schedule 20
Schedule 10
Clauses 84 to 87
Clause 38
Schedule 21
Schedule 11
Clauses 88 to 91
Clauses 39 to 41
Clauses 28 to 35
Clauses 92 to 96
Schedule 8

[Amendments marked * are new or have been altered]

Clause 64

BARONESS HOWE OF IDLICOTE

LORD GRADE OF YARMOUTH

LORD STEVENSON OF BALMACARA

LORD CLEMENT-JONES

27

Page 57, line 43, at end insert—

“(14)    Any regulations which are made under subsection (1) shall not take effect
before 1 April 2017.”

After Clause 64

LORD CLEMENT-JONES

LORD BLACK OF BRENTWOOD

LORD DUBS

LORD GRADE OF YARMOUTH

28

Insert the following new Clause—

“Copyright in broadcast

(1)     The Secretary of State may by regulations made by statutory instrument
repeal, in whole or in part, section 73 of the Copyright, Designs and Patents
Act 1988 (reception and re-transmission of wireless broadcast by cable).

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

LORD CLEMENT-JONES

29

Insert the following new Clause—

“Busking deregulation

(1)     Omit paragraph 14 of section 54 of the Metropolitan Police Act 1839
(penalty on persons committing in thoroughfares the offences herein
mentioned).

(2)     Omit sections 32 to 44 of the London Local Authorities Act 2000.”

LORD MANCROFT

29A*

Insert the following new Clause—

“Change in mandatory conditions of lottery operating licence

In section 99(2) of the Gambling Act 2005, after “at least 20% of the” insert
“aggregate annual”.”

29B*

Insert the following new Clause—

“Change in mandatory conditions of lottery operating licence (No. 2)

In section 99(3)(a) of the Gambling Act 2005, for “£4,000,000” substitute
“£10,000,000”.”

29C*

Insert the following new Clause—

“Change in mandatory conditions of lottery operating licence (No. 3)

In section 99(3)(b) of the Gambling Act 2005, for “may not exceed
£10,000,000” substitute “is unlimited”.”

29D*

Insert the following new Clause—

“Change in mandatory conditions of lottery operating licence (No. 4)

In section 99(4)(b) of the Gambling Act 2005, for “10%” substitute “50%”.”

Before Clause 72

BARONESS JANKE

30

Insert the following new Clause—

“Referendums on changing local authority governance system

In the Local Government Act 2000, omit section 9NA (effect of section 9N
order).”

Schedule 19

LORD WALLACE OF SALTAIRE

31

Page 202, line 30, at end insert—

“(1A)    The provision that may be made under subsection (1)(a) includes
provision for any requirement of a kind imposed by section 3,
3A, 3B or 3C to apply in additional circumstances.

(1B)    Nothing in subsection (1)(b) to (f), or in subsection (1A), is to be
read as limiting the provision that may be made under
subsection (1)(a).”

32

Page 207, line 7, after “make” insert “consequential,”

Clause 75

BARONESS MEACHER

BARONESS DONAGHY

BARONESS JONES OF WHITCHURCH

32A

Page 64, line 14, at end insert—

“(3)     This section comes into force on such day as the Secretary of State may by
order made by statutory instrument appoint.

(4)     A statutory instrument under subsection (3) shall not be made unless a
draft has been laid before and approved by both Houses of Parliament.

(5)     The Secretary of State may not lay a draft statutory instrument under
subsection (4) until he has published a report of a risk assessment of the
delegation by local authorities of their child protection functions and
services.

(6)     The Secretary of State must publish the report specified in subsection (5)
within 18 months of the passing of this Act.”

Clause 78

LORD WALLACE OF SALTAIRE

33

Page 66, line 37, at end insert—

“(8)     In paragraph 31 of Schedule 4 (NHS trusts established under section 25), as
it has effect until its repeal by section 179(2) of the Health and Social Care
Act 2012, at the beginning insert “Subject to section 56AA,”.”

After Clause 79

BARONESS SCOTT OF NEEDHAM MARKET

LORD STONEHAM OF DROXFORD

LORD WALLACE OF SALTAIRE

33A*

Insert the following new Clause—

“Information contained in entries of births and deaths

(1)     The Births and Deaths Registration Act 1953 is amended as follows.

(2)     After section 34 (entry in register as evidence of birth or death) insert—

“34A          Searches and records of information: additional provision

(1)     The Minister may make regulations for the purpose of enabling the
Registrar General—

(a)   to carry out, on request, a search to find out whether the
Registrar General’s certified copies contain a particular
entry;

(b)   to provide, on request, a record of information contained in
an entry in the Registrar General’s certified copies,
otherwise than in the form of a certified copy.

(2)     The regulations may authorise or require the Registrar General to
charge a fee of an amount specified in the regulations for carrying
out a search or providing a record.

(3)     The regulations may make provision—

(a)   as to how a request for a search or a record may be made;

(b)   as to the forms in which a record may be provided.

(4)     The provision that may be made in the regulations includes
provision for a record to be provided in a form that does not include
all of the information contained in an entry.

(5)     This section does not affect the entitlement under this Act of any
person to a certified copy of an entry in the Registrar General’s
certified copies.

(6)     In this section, “the Registrar General’s certified copies” means the
certified copies of entries in registers sent to the Registrar General
under this Act or under any enactment repealed by this Act and
kept in the General Register Office.

(7)     Section 30(4) applies for the purposes of this section as it applies for
the purposes of section 30.”

(3)     In section 39 (regulations), in paragraph (a), for “and 10C” substitute “, 10C
and 34A”.

(4)     In section 39A (regulations made by the Minister: further provisions), in
subsection (5), for “and 10C” substitute “, 10C and 34A”.”

33B*

Insert the following new Clause—

“Information contained in entries of marriages and civil partnerships

(1)     After section 65 of the Marriage Act 1949 (searches of indexes kept by
Registrar General) insert—

“65A          Searches and records of information: additional provision

(1)     The Secretary of State may make regulations for the purpose of
enabling the Registrar General—

(a)   to carry out, on request, a search to find out whether the
Registrar General’s certified copies contain a particular
entry;

(b)   to provide, on request, a record of information contained in
an entry in the Registrar General’s certified copies,
otherwise than in the form of a certified copy.

(2)     The regulations may authorise or require the Registrar General to
charge a fee of an amount specified in the regulations for carrying
out a search or providing a record.

(3)     The regulations may make provision—

(a)   as to how a request for a search or a record may be made;

(b)   as to the forms in which a record may be provided.

(4)     The provision that may be made in the regulations includes
provision for a record to be provided in a form that does not include
all of the information contained in an entry.

(5)     Before making regulations under this section, the Secretary of State
must consult the Registrar General.

(6)     Regulations under this section are to be made by statutory
instrument.

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

(8)     This section does not affect the entitlement of any person to a
certified copy of an entry in the Registrar General’s certified copies.

(9)     In this section, “the Registrar General’s certified copies” means the
certified copies of entries in marriage register books sent to the
Registrar General under this Part of this Act and kept in the General
Register Office.”

(2)     In section 36 of the Civil Partnership Act 2004 (regulations and orders), in
subsection (2), after paragraph (f) insert—

“(g)   for the carrying out by the Registrar General, on request, of
searches of entries in the register and the provision, on
request, of information contained in the entries (otherwise
than in the form of certified copies).”

(3)     In section 9 of the Marriage (Same Sex Couples) Act 2013 (conversion of
civil partnership into marriage), in subsection (5), after paragraph (b)
insert—

“(ba)   the carrying out, on request, of searches of any information
recorded and the provision, on request, of records of any
information recorded (otherwise than in the form of
certified copies);”.”

After Clause 83

BARONESS HAYTER OF KENTISH TOWN

34

Insert the following new Clause—

“Recognised bodies

(1)     The Administration of Justice Act 1985 is amended as follows.

(2)     In the title of section 32 (provision of conveyancing services by recognised
bodies) after “conveyancing” insert “or other”.

(3)     In section 32—

(a)   in subsection (1)(a) after “conveyancing services bodies” insert “or
CLC practitioner services bodies”;

(b)   in subsection (1)(b)—

(i)   for “such bodies” substitute “conveyancing services
bodies”;

(ii)   for the words from “to undertake” to the end substitute—

“(a)   the provision of conveyancing services,

(b)   the administration of oaths,

(c)   the exercise of a right of audience,

(d)   the conduct of litigation,

(e)   probate activities, or

(f)   the provision of other relevant legal
services;”;

(c)   after subsection (1)(b) insert—

“(bza)   prescribing the circumstances in which CLC
practitioner services bodies may be recognised by
the Council as being suitable bodies to undertake—

(i)   the administration of oaths,

(ii)   the exercise of a right of audience,

(iii)   the conduct of litigation,

(iv)   probate activities, or

(v)   the provision of other relevant legal
services;”;

(d)   in subsection (1)(ba) for the words from “carry on” to the end
substitute—

“(i)   reserved instrument activities, where the
recognised body is a conveyancing services
body,

(ii)   the administration of oaths,

(iii)   the exercise of a right of audience,

(iv)   the conduct of litigation,

(v)   probate activities, or

(vi)   other relevant legal services;”;

(e)   in subsection (3)(e) after “those bodies” insert “(including
information about disciplinary measures taken)”;

(f)   in subsection (3C) after paragraph (a) insert—

“(aa)   conditions restricting the kinds of CLC practititioner
services that may be provided by the body;”; and

(g)   for subsection (8) substitute—

“(8)     In this section—

“administration of oaths” has the same meaning as in
the Legal Services Act 2007 (see section 12 of, and
Schedule 2 to, that Act);

“CLC practitioner services” has the meaning given by
section 32B;

“CLC practitioner services body” has the meaning
given by section 32B;

“conduct of litigation” has the same meaning as in the
Legal Services Act 2007 (see section 12 of, and
Schedule 2 to, that Act);

“conveyancing services body” has the meaning given
by section 32A;

“probate activities” has the same meaning as in the
Legal Services Act 2007 (see section 12 of, and
Schedule 2 to, that Act);

“relevant legal services”—

(a)   in relation to a conveyancing services body,
has the meaning given by section 32A; and

(b)   in relation to a CLC practitioner services
body, has the meaning given by section 32B;

“reserved instrument activities” has the same meaning
as in the Legal Services Act 2007 (see section 12 of,
and Schedule 2 to, that Act);

“right of audience” has the same meaning as in the
Legal Services Act 2007 (see section 12 of, and
Schedule 2 to, that Act).”

(4)     After section 32A (conveyancing services bodies) insert—

“32B          CLC practitioner services bodies

(1)     For the purposes of section 32, a “CLC practitioner services body”
means a body (corporate or unincorporate) in respect of which—

(a)   the management and control condition,

(b)   the services condition, and

(c)   the authorised person condition,

are satisfied.

(2)     The management and control condition is satisfied in the case of a
partnership if at least one of the partners is a licensed conveyancer
or a licensed CLC practitioner.

(3)     The management and control condition is satisfied in the case of an
unincorporated body (other than a partnership), or a body
corporate which is managed by its members, if at least one of those
members is a licensed conveyancer or a licensed CLC practitioner.

(4)     The management and control condition is satisfied in the case of
any other body corporate if at least one director of the body is a
licensed conveyancer or a licensed CLC practitioner.

(5)     The services condition is satisfied in respect of a body if—

(a)   the body is carrying on a business consisting of the
provision of—

(i)   CLC practitioner services; or

(ii)   CLC practitioner services and other relevant legal
services; and

(b)   the body does not provide conveyancing services.

(6)     The authorised person condition is satisfied if the licensed
conveyancer or licensed CLC practitioner by reference to whom the
management and control condition is satisfied, or one of the
persons by reference to whom that condition is satisfied, is an
authorised person in respect of any of the CLC practitioner services
that are provided by the body.

(7)     For the purposes of this section—

(a)   a reference to CLC practitioner services is a reference to
those of the following reserved legal activities in relation to
which the Council is designated as an approved regulator—

(i)   the administration of oaths,

(ii)   the exercise of a right of audience,

(iii)   the conduct of litigation, and

(iv)   probate activities;

(b)   a reference to designation as an approved regulator is a
reference to designation as an approved regulator—

(i)   by Part 1 of Schedule 4 to the Legal Services Act
2007, by virtue of an order under paragraph 5 of
Schedule 22 to that Act; or

(ii)   under Part 2 of Schedule 4 to that Act;

(c)   a person has an interest in a body if the person has an
interest in the body within the meaning of Part 5 of the Legal
Services Act 2007 (see sections 72 and 109 of that Act).

(8)     In this section—

“administration of oaths” has the same meaning as in the Legal
Services Act 2007 (see section 12 of, and Schedule 2 to, that
Act);

“authorised person” means an authorised person in relation to
an activity which is a reserved legal activity (within the
meaning of the Legal Services Act 2007);

“conduct of litigation” has the same meaning as in the Legal
Services Act 2007 (see section 12 of, and Schedule 2 to, that
Act);

“probate activities” has the same meaning as in the Legal
Services Act 2007 (see section 12 of, and Schedule 2 to, that
Act);

“relevant legal services”, in relation to a CLC practitioner
services body, means—

(a)   CLC practitioner services; and

(b)   where authorised persons are managers or
employees of, or have an interest in the body, such
services as are provided by individuals practising as
such authorised persons (whether or not those
services involve the carrying on of reserved legal
activities), except for conveyancing services;

“reserved legal activity” has the same meaning as in the Legal
Services Act 2007 (see section 12 of, and Schedule 2 to, that
Act);

“right of audience” has the same meaning as in the Legal
Services Act 2007 (see section 12 of, and Schedule 2 to, that
Act).””

35

Insert the following new Clause—

“Licensed CLC practitioners

(1)     The Courts and Legal Services Act 1990 is amended as follows.

(2)     In the cross-heading preceding section 53 after “conveyancers” insert “and
other persons
”.

(3)     In section 53 (the Council for Licensed Conveyancers)—

(a)   in subsection (2) omit “only if the person is a licensed conveyancer”;

(b)   in subsection (3)—

(i)   for “licensed conveyancer” substitute “person”;

(ii)   for “licensed conveyancer” substitute “person in respect of
that activity”;

(c)   in subsection (4) for “Any such” substitute “If the person granted a
licence under this section is a licensed conveyancer, the”;

(d)   after subsection (4) insert—

“(4A)    If the person granted a licence under this section is not a
licensed conveyancer, the licence may be granted as a
separate licence or as part of a composite licence comprising
any other licence under this section which the Council may
grant to the person.

(4B)    A licence under this section granted to a person who is not
a licensed conveyancer ceases to have effect if the person
becomes a licensed conveyancer.”;

(e)   in subsection (9)—

(i)   before paragraph (a) insert—

“(za)   persons who apply for, or hold, an advocacy,
litigation or probate licence;”;

(ii)   in paragraph (c) for “licensed conveyancer” substitute
“person”;

(iii)   after paragraph (d) insert—

“(da)   any case of an individual who describes
himself or herself, or holds himself or herself
out, as a licensed CLC practitioner without
holding a licence in force under this
section;”;

(iv)   in paragraph (f) for “other matter” substitute “matter, other
than those mentioned in paragraphs (a) to (da), that is”; and

(v)   after “with respect to” insert “persons who apply for, or
hold, a licence under Part 2 of the Act of 1985 and”;

(f)   after subsection (9) insert—

“(9A)    The modifications mentioned in subsection (9) may differ
depending on whether the person applying for, or holding,
an advocacy, litigation or probate licence is or is not a
licensed conveyancer.

(9B)    Subsection (9) does not apply to section 34 of the Act of 1985
(modification of existing enactments relating to
conveyancing etc.).”;

(g)   after subsection (10) insert—

“(11)    In this section—

“advocacy licence” means a licence issued under this
section by which the Council authorises the person
concerned to exercise a right of audience;

“CLC practitioner services” has the same meaning as in
section 32B of the Act of 1985;

“licensed CLC practitioner” means a person, other than
a licensed conveyancer, who holds a licence under
this section;

“litigation licence” means a licence issued under this
section by which the Council authorises the person
concerned to carry on activities which constitute the
conduct of litigation;

“the practice of a licensed CLC practitioner” means the
provision by a person, as the holder of a licence
under this section, of CLC practitioner services in
accordance with the licence; and

“probate licence” means a licence issued under this
section by which the Council authorises the person
concerned to carry on activities that constitute
probate activities.””

36

Insert the following new Clause—

“Recognised bodies and licensed CLC practitioners: consequential amendments

Schedule (Recognised bodies and licensed CLC practitioners: consequential
amendments
) has effect.”

37

Insert the following new Clause—

“Other amendments to the 1985 Act

Schedule (Other amendments to the 1985 Act) has effect.”

38

Insert the following new Clause—

“Transitional provisions

(1)     The amendments to section 15 of the Administration of Justice Act 1985
made by paragraph 2 of Schedule (Other amendments to the 1985 Act) do not
take effect, other than for the purposes of making rules under section
15(3A), until the date on which those rules come into force.

(2)     If an application under section 14 of the 1985 Act is received, but not
determined, by the Council before the date, the rules made under section
15(3A) of the 1985 Act (as inserted by paragraph 2 of Schedule (Other
amendments to the 1985 Act
) come into force, the application will be subject
to the provisions of section 15(3)(b) of the 1985 Act, disregarding the
amendment made by paragraph 2 of Schedule (Other amendments to the
1985 Act
).

(3)     The amendments made by paragraph 3 of Schedule (Other amendments to
the 1985 Act
) only apply to an exercise of the powers in paragraph 6(1) or
9(1) of Schedule 5 to the 1985 Act or paragraph 3(1) or 8(1) of Schedule 14
to the 2007 Act that arises by virtue of an act or omission that occurs on or
after the date of commencement of those amendments.

(4)     The amendments to the 1985 Act made by paragraphs 3(d) and (e), 6, 7, 8
and 10 of Schedule (Other amendments to the 1985 Act) in relation to the right
of appeal against certain decisions only apply in relation to a decision that
is taken on or after the date of commencement of those amendments.”

After Schedule 20

BARONESS HAYTER OF KENTISH TOWN

39

Insert the following new Schedule—

“SCHEDULE

RECOGNISED BODIES AND LICENSED CLC PRACTITIONERS: CONSEQUENTIAL
AMENDMENTS

PART 1

AMENDMENTS TO THE 1985 ACT

1      The Administration of Justice Act 1985 is amended as follows.

2      In section 16(1) (conditional licences)—

(a)   in paragraph (b) for “each” substitute “a”;

(b)   after paragraph (b) insert—


“(ba)   when a licence previously held by him under
section 53 of the Courts and Legal Services Act
1990 was subject to conditions under paragraph 5
of Schedule 8 to that Act;”;

(c)   in paragraph (c) after “this Part” insert “or a licence in force under
section 53 of the Courts and Legal Services Act 1990”;

(d)   in paragraph (ca) after “section 24A” insert “, whether the order
relates to a licence under this Part or a licence under section 53 of
the Courts and Legal Services Act 1990;

(e)   in paragraph (d) after “section 26” insert “, whether the order
relates to a licence under this Part or a licence under section 53 of
the Courts and Legal Services Act 1990”;

(f)   in paragraph (ea) after section 22 insert “(including section 22 as
applied by section 53 of the Courts and Legal Services Act 1990)”.

3      In section 26 (proceedings in disciplinary cases)—

(a)   in subsection (2)—


(i)   in paragraph (a) after “any licence” insert “under this
Part”;


(ii)   in paragraph (b) for “a licence under this Part” substitute
“any relevant licence”;


(iii)   in paragraph (c) after “any licence” insert “under this
Part”;

(b)   after subsection (8) insert—

“(9)     In this section “relevant licence” means—

(a)   a licence under this Part, or

(b)   a licence under section 53 of the Courts and Legal
Services Act 1990.”

4      In section 28 (revocation of licence on grounds of fraud or error)

(a)   in subsection (1)—


(i)   after “a licence” insert “under this Part”;


(ii)   for “the licence” substitute “all of the relevant licences
held by that person”;

(b)   for subsection (2) substitute—

“(2)     Where a person has had any relevant licence which was
held by him revoked because of fraud on that person’s
part, the person may not be issued with a licence under
this Part except on the advice of the Committee given to
the Council as the result of an application made by the
person to that Committee.”;

(c)   in subsection (3) for “a licence under this Part” substitute “any
relevant licence”;

(d)   after subsection (6) insert—

“(7)     In this section “relevant licence” has the meaning given
by section 26.”

5      In the title of section 33A after “licensed conveyancers” insert “or
licensed CLC practitioners
”.

6      In section 33A after “licensed conveyancers” insert “or licensed CLC
practitioners”.

7      In section 34 (modification of existing enactments relating to
conveyancing etc.)—

(a)   in subsection (2) after “to a recognised body” insert “which is a
conveyancing services body”;

(b)   in subsection (2) after “conveyancer or” insert “such a”;

(c)   in subsection (3) after a “recognised body” insert “which is a
conveyancing services body”; and

(d)   after subsection (3) insert—

“(4)     In this section “conveyancing services body” has the
meaning given by section 32A.”

8      In section 39(1) (interpretation of Part 2) at the appropriate place insert—

““licensed CLC practitioner” means a person, other than a
licensed conveyancer, who holds a licence under section
53 of the Courts and Legal Services Act 1990;”.

9      In Schedule 3 (the Council for Licensed Conveyancers: supplementary
provisions) after paragraph 2(1)(a)(i) (constitution of the Council) (and
before the “or”) insert—

“(ia)   licensed CLC practitioners;”.

10     In Schedule 6 (bodies recognised under section 32: supplementary
provisions)—

(a)   after paragraph 3(1)(aa) insert—


“(aaa)   it is alleged that a manager or employee of a
recognised body who is not a licensed CLC
practitioner has failed to comply with any rules
applicable to him by virtue of section 32;”;

(b)   in paragraph 3A(1)(b) after “paragraph 3(1)(aa)” insert “or (aaa)”;

(c)   in paragraph 4(2A) (disciplinary control of recognised bodies)
after “paragraph 3(1)(aa)” insert “or (aaa)”; and

(d)   in paragraph 14(1) after “paragraph 3(1)(a)(ii), (aa)” insert “,
(aaa)”.

PART 2

AMENDMENTS TO THE 1990 ACT

11     The Courts and Legal Services Act 1990 is amended as follows.

12     In section 75(c) (judges etc. barred from legal practice) for “or licensed
conveyancer” substitute “, licensed conveyancer or licensed CLC
practitioner”.

13     In section 119(1) (interpretation) at the appropriate place insert—

““licensed CLC practitioner” has the meaning given in
section 53;”.

14     For the title of Schedule 8 substitute “Council for licensed
conveyancers
”.

15     In Schedule 8—

(a)   in paragraph 1 (general) for the definition of “advocacy licence”
substitute—

““advocacy licence”, “litigation licence” and
“probate licence” have the meaning given by
section 53;””;

(b)   in paragraph 1 omit the definitions of—


(i)   “litigation licence”, and


(ii)   “probate licence”;

(c)   in paragraph 4(3) (issues of licences) for the words from “with
respect” to “as they” substitute “with respect to—

(a)   any application under paragraph 3 for an
advocacy licence and any advocacy licence in
force under section 53;

(b)   any application under paragraph 3 for a
litigation licence any litigation licence in force
under section 53; and

(c)   any application under paragraph 3 for a
probate licence and any probate licence in force
under section 53 (as the case may be),

as they”;

(d)   in paragraph 5 (conditional licences)—

(i)   in sub-paragraph (1)(b)—

aaafor “of the kind applied for” substitute “issued under section 53”;bbbat the end insert “under this paragraph”;

(ii)   after sub-paragraph (1)(b) insert—

bawhen a licence issued under Part 2 of the Act of 1985 which has previously been held by him has been subject to conditions under section 16 of the Act of 1985;”;

(iii)   in sub-paragraph (1)(c) for “of that kind” substitute
“issued under section 53 or Part 2 of the Act of 1985”;

(iv)   in sub-paragraph (1)(d) at the end insert “, whether the
order relates to a licence under section 53 or a licence
under Part 2 of the Act of 1985”;

(v)   in sub-paragraph (6) omit “or” after paragraph (a);

(vi)   in sub-paragraph (6)(b)—

aaaat the beginning insert “in the case of an applicant who is a licensed conveyancer,”;bbbat the end for “,” substitute “; or”; and

(vii)   after sub-paragraph (6)(b) insert—

“(c)   for requiring the applicant to take any
specified steps that will, in the opinion
of the Council, be conducive to his
carrying on an efficient practice as a
licensed CLC practitioner,”;

(e)   after paragraph 6 insert—

“Register of licensed CLC practitioners

6A  (1)     The Council must establish and maintain, in such form
as the Council may determine, a register containing the
names and places of business of all persons who for the
time being hold an advocacy, litigation or probate
licence and are not licensed conveyancers.

(2) The Council may make rules specifying the further
information, including information about disciplinary
measures taken, to be recorded in the register in
relation to a person.

(3) The Council must cause the appropriate entries and
deletions to be made in the register on the issue and
termination of advocacy, litigation and probate
licences; and where any licence held by a person is for
the time being suspended by virtue of any provision of
Part 2 of the Act of 1985 as applied by this Act the
Council must cause that fact to be noted in the register
against that person’s name.

(4) Any change in a licensed CLC practitioner’s place or
places of business must be notified by that person to
the Council within the period of fourteen days
beginning with the date on which the change takes
effect.

(5) The Council must provide facilities for making the
information contained in the entries in the register
available for inspection in visible and legible form by
any person during office hours and without payment.

(6)     A certificate signed by an officer of the Council
appointed for the purpose and stating—

(a)   that any person does or does not, or did or did
not at any time, hold an advocacy, litigation or
probate licence, or

(b)   that any licence held by any person is or was at
any time either free of conditions or subject to
any particular conditions,

is, unless the contrary is proved, evidence of the facts
stated in the certificate; and a certificate purporting to
be so signed is to be taken to have been so signed
unless the contrary is proved.”;

(f)   for paragraph 8 and the heading preceding it substitute—

“Effect of suspension or revocation

8   (1)     Where a relevant licence ceases to be in force because
of—

(a)   a direction under section 24(5) of the Act of
1985, or

(b)   an order under section 26(2)(a) or (c) of the Act
of 1985,

any other relevant licence in force with respect to that
person at the time shall cease to have effect to the same
extent as the licence in question.

(2)     In this paragraph “relevant licence” means—

(a)   an advocacy, litigation or probate licence, or

(b)   a licence under Part 2 of the Act of 1985.”;

(g)   omit paragraph 9 (removal of disqualification from holding an
advocacy, litigation or probate licence);

(h)   omit paragraph 10 (revocation on grounds of fraud or error);

(i)   in paragraph 21 (power to examine files)—


(i)   in sub-paragraph (1)(a) after “licensed conveyancer”
insert “or licensed CLC practitioner”;


(ii)   in sub-paragraph (1) for “the licensed conveyancer”, in
both places it occurs, substitute “the person complained
of”; and

(j)   in paragraph 22 (interest on clients’ money) after “licensed
conveyancer” insert “or licensed CLC practitioner”.

PART 3

AMENDMENTS TO OTHER LEGISLATION

16  (1)     The 2007 Act is amended as follows.

(2)     In section 104(2) (prevention of regulatory conflict: account rules) after
“licensed conveyancer” insert “or licensed CLC practitioner”.

(3)     After section 104(2) insert—

“(3)     In this section “licensed CLC practitioner” means a person, other
than a licensed conveyancer, who holds a licence under section
53 of the Courts and Legal Services Act 1990.”

(4)     In Schedule 5, in paragraph 11 (authorised persons: rights during
transitional period: licensed conveyancers)—

(a)   after sub-paragraph (1) insert—


“(1A) During the transitional period every individual, not
being a licensed conveyancer, who holds a licence
under section 53 of the Courts and Legal Services Act
1990 is deemed to be authorised by the Council to
administer oaths.”;

(b)   in sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”;

(c)   in sub-paragraph (3) in the opening words—


(i)   after “and every” insert “conveyancing services”;


(ii)   after “provide conveyancing” insert “or other”;

(d)   after sub-paragraph (3) insert—


“(3A) During that period, every CLC practitioner services
body recognised under section 32 of the
Administration of Justice Act 1985 is deemed to be
authorised by the Council to administer oaths.”;

(e)   in sub-paragraph (4) after “sub-paragraph (3)” insert “or (3A)”;

(f)   for sub-paragraph (5) substitute—

“(5)     In this paragraph—

“CLC practitioner services body” has the meaning
given by section 32B of the Administration of
Justice Act 1985;

“conveyancing partnership” means a partnership
at least some of the members of which are
licensed conveyancers, but does not include a
CLC practitioner services body;

“conveyancing services body” has the meaning
given by section 32A of the Administration of
Justice 1985.”;

(g)   in sub-paragraph (6) after “conveyancing licence” insert “or a
licence under section 53 of the Courts and Legal Services Act
1990”.

(5)     In Schedule 24 (index of defined expressions) at the appropriate places
insert—

 
“CLC practitioner services body

paragraph 11 of Schedule 5”
 
“conveyancing services body

paragraph 11 of Schedule 5
 
“licensed CLC practitioner

section 104(3)”.””
40

Insert the following new Schedule—

“SCHEDULE

OTHER AMENDMENTS TO THE 1985 ACT

1      The Administration of Justice Act 1985 is amended as follows.

2      In section 15 (issue of licences by Council)—

(a)   in subsection (3)(b) for “the period of 42 days beginning with the
date when the application was received by the Council”
substitute “the period prescribed under subsection (3A)”; and

(b)   after subsection (3) insert—

“(3A)    The Council must by rules prescribe the period that
applies for the purposes of subsection (3)(b).”

3      In section 18 (suspension or termination of licences)—

(a)   after subsection (2A) insert—

“(2AA)   Where the power conferred by paragraph 6(1) or 9(1) of
Schedule 5 is exercised in relation to a recognised body by
virtue of paragraph 10(1)(a) of Schedule 6, the exercise of
that power shall operate immediately to suspend any
licence under this Part held by a person who is a manager
of the recognised body.

(2AB)    Where the power conferred by paragraph 6(1) or 9(1) of
Schedule 5 is exercised in relation to a recognised body by
virtue of paragraph 10(1)(d) of Schedule 6, the exercise of
that power shall operate immediately to suspend any
licence under this Part held by a person who is—

(a)   a manager of the recognised body, or

(b)   and employee of the recognised body.

(2AC)    Where the power conferred by paragraph 3(1) or 8(1) of
Schedule 14 to the Legal Services Act 2007 is exercised in
relation to a licensed body by virtue of paragraph 1(2)(d)
of that Schedule, the exercise of that power shall operate
immediately to suspend any licence under this Part held
by a person who is—

(a)   a manager of the licensed body, or

(b)   an employee of the licensed body.”

(b)   after subsection (2C) insert—

“(2CA)   At the time when the power referred to in subsection
(2AA), (2AB) or (2AC) is exercised, the Council may
direct that subsection (2AA), (2AB) or (2AC) (as the case
may be) is not to apply in relation to a particular licensed
conveyancer.

(2CB)    The Council may give a direction under subsection (2CA)
in relation to a licensed conveyancer only if—

(a)   the Council is satisfied that the licensed
conveyancer did not fail to comply with the rules
applicable to the recognised body by virtue of
section 32, or contribute to the body’s failure to
comply with such rules, in a case where the
Council acts by virtue of paragraph 10(1)(a) of
Schedule 6,

(b)   the Council does not suspect the licensed
conveyancer of dishonesty, in a case where the
Council acts by virtue of—

(i)   paragraph 10(1)(d) of Schedule 6, or

(ii)   paragraph 1(2)(d) of Schedule 14 to the
Legal Services Act 2007,

(c)   the Council is satisfied that the licensed
conveyancer was not a manager of the recognised
body when the conduct providing the basis for
the exercise of the power in paragraph 6(1) or 9(1)
of Schedule 5 took place, in a case where the
Council acts by virtue of paragraph 10(1)(a) of
Schedule 6,

(d)   the Council is satisfied that the licensed
conveyancer was not a manager or employee of
the recognised body when the conduct providing
the basis for the exercise of the power in
paragraph 6(1) or 9(1) of Schedule 5 is suspected
of having taken place, in a case where the Council
acts by virtue of paragraph 10(1)(d) of Schedule 6,
and

(e)   the Council is satisfied that the licensed
conveyancer was not a manager or employee of
the licensed body when the conduct providing the
basis for the exercise of the power in paragraph
3(1) or 9(1) of Schedule 14 to the Legal Services
Act 2007 is suspected of having taken place, in a
case when the Council acts by virtue of paragraph
1(2)(d) of Schedule 14 to that Act.

(2CC)    At the time when the power referred to in subsection
(2AA), (2AB) or (2AC) is exercised, the Council may
direct that such of the licensed conveyancers concerned
as are identified in the direction may continue to act in
relation to any matter specified in the direction as if their
licences had not been suspended by virtue of subsection
(2AA), (2AB) or (2AC) (as the case may be), subject to
such conditions (if any) as the Council sees fit to impose.”;

(c)   in subsection (2D) after “subsection (2A)” insert “, (2AA), (2AB)
or (2AC)”;

(d)   in subsection (2G) for “the High Court” substitute “the First-tier
Tribunal”; and

(e)   omit subsection (2H).

4      In section 19 (register of licensed conveyancers)—

(a)   after subsection (1) insert—

“(1A)    The Council may make rules specifying the further
information, including information about disciplinary
measures taken, to be recorded in the register in relation
to a person”; and

(b)   in subsection (2) omit “accordingly”.

5      In section 20 (rules as to professional practice, conduct and discipline)
omit subsection (2).

6      In section 24 (preliminary investigation of disciplinary cases)—

(a)   in subsection (10) for “High Court” substitute “First-tier
Tribunal”;

(b)   in subsection (11) for “High Court” substitute “First-tier
Tribunal”; and

(c)   omit subsection (12).

7      In section 24A (determination of allegations by investigating
committee)—

(a)   in subsections (8) and (9) for “High Court” substitute “First-tier
Tribunal”; and

(b)   omit subsection (10).

8      In section 26 (proceedings in disciplinary cases)—

(a)   for subsection (7) substitute—

“(7)     Where the Discipline and Appeals Committee make an
order by virtue of subsection (1)—

(a)   the person whom the order is made, or

(b)   the Council,

may appeal to the First-tier Tribunal, and on any such
appeal the First-tier Tribunal may make such order as it
thinks fit.”;

(b)   in subsection (7A) for “High Court” in both places substitute
“First-tier Tribunal”; and

(c)   omit subsection (8).

9      In paragraph 4(2) of Schedule 3 (the Council for Licensed Conveyancers:
supplementary provision: constitution of the Council) omit “by one”.

10     In Schedule 6 (bodies recognised under section 32: supplementary
provisions)—

(a)   in paragraph 3A (allegations to be determined by the
Investigating Committee)—


(i)   in sub-paragraphs (8) and (9) for “High Court” substitute
“First-tier Tribunal”;


(ii)   omit sub-paragraph (10); and

(b)   in paragraph 6 (appeals against orders of the discipline and
appeals committee)—

(i)   for sub-paragraph (1) substitute—

“(1)     Where the Committee make an order by virtue
of paragraph 4(1) or (2A) or 5(1)—

(a)   the person as regards whom the order is
made, or

(b)   the Council,

may appeal to the First-tier Tribunal, and on
any such appeal the First-tier Tribunal may
make such order as it thinks fit.”;

(ii)   in sub-paragraph (1A) for “High Court”, in both places,
substitute “First-tier Tribunal”; and

(iii)   omit sub-paragraph (2).”

Clause 87

LORD SHARKEY

41

Page 70, line 19, at end insert—

“(2)     Subject to subsection (7), the provisions of Schedule 21 other than
paragraph 43 may not come into force until the Secretary of State has
requested the Law Commissions to review the legislation to be repealed by
those provisions and the three conditions set out in subsections (3) to (5) are
met.

(3)     The first condition is that the Law Commissions have reported on whether
each item of legislation to be repealed by paragraphs 1 to 42, 44 and 45 of
Schedule 21 is, or may be, of practical use; or is no longer of practical use.

(4)     The second condition is that the reports of the Law Commissions under
subsection (3) have been laid before each House of Parliament.

(5)     The third condition is that the Secretary of State has, by regulations made
by statutory instrument, removed from the list of legislation to be repealed
in Schedule 21 any provisions which the Law Commissions have reported
are, or may be, of practical use.

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

(7)     The provisions of Schedule 21 come into force, notwithstanding that the
conditions in subsections (3) to (5) have not been met, 12 months after the
Secretary of State has requested the Law Commissions to review the
legislation if the Law Commissions have failed to make a report within that
period.

(8)     In this section the “Law Commissions” means the Law Commission of
England and Wales and the Scottish Law Commission.”

Schedule 21

LORD WALLACE OF SALTAIRE

42

Page 220, line 8, at end insert—

“Subordinate legislation relating to railways

22A          The following Orders are revoked—

(a)   the Railways Act 1993 (Extinguishment of Relevant Loans)
(Railtrack plc) Order 1996 (S.I. 1996/664);

(b)   the Railtrack Group PLC (Target Investment Limit) Order 1996
(S.I. 1996/2551);

(c)   the Strategic Rail Authority (Capital Allowances) Order 2001 (S.I.
2001/262).”

Clause 88

LORD HUNT OF KINGS HEATH

43

Page 70, line 29, at end insert—

“( )     This section does not apply to the following—

(a)   Care Quality Commission,

(b)   Human Tissue Authority,

(c)   Medicines and Healthcare Products Regulatory Agency,

(d)   Professional Standards Authority,

(e)   General Medical Council,

(f)   Nursing and Midwifery Council,

(g)   Health and Care Professions Council,

(h)   General Chiropractic Council,

(i)   General Dental Council,

(j)   General Pharmaceutical Council,

(k)   Human Fertilisation and Embryology Authority, and

(l)   any persons exercising a regulatory function with respect to health
and care service that the Secretary of State specifies by order.

( )     An order under this section must be made by statutory instrument.

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

Clause 89

LORD MCNALLY

LORD ROOKER

BARONESS THORNTON

44

Page 71, line 2, at end insert—

“(d)   a regulatory function of the Commission for Equality and Human
Rights.”

LORD TUNNICLIFFE

44A

Page 71, line 3, at end insert—

“( )     Section 88 shall only apply to a person exercising a regulatory function in
so far as it is consistent with the proper exercise of their existing regulatory
functions.”

After Clause 29

LORD WALLACE OF SALTAIRE

45

Insert the following new Clause—

“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 paragraphs (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—

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

(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.”

Clause 30

BARONESS HAYTER OF KENTISH TOWN

46

Page 24, line 39, at end insert—

“(a)   after section 213(10) (requirements relating to tenancy deposits)
insert—

“(11)    Where an order made by the appropriate national authority
under subsection (5) requires, in connection with the
tenancy in respect of which a deposit has been paid, the
provision of the name, address, telephone number, and any
email address or fax number of the landlord, the name,
address, telephone number, and any email address or fax
number of any agent who is holding the deposit on behalf of
the landlord may be provided instead.”;

(b)   ”

Clause 33

BARONESS GARDNER OF PARKES

47

Page 28, line 32, after “which” insert “, for the duration of a major national or
international sporting or entertainment event taking place in London,”

48

Page 28, line 35, at end insert—

“(1A)    The circumstances referred to in subsection (1) shall include, but need not
be limited to—

(a)   where the premises in question have not been used as temporary
sleeping accommodation for more than 30 days in that calendar
year, and

(b)   where the responsible person owning or renting out the premises in
question has provided the local planning authority with the
following information at least 21 days before each use as temporary
sleeping accommodation commences—

(i)   the date the short-let stay will commence,

(ii)   the date the short-let stay will end,

(iii)   the names and permanent addresses of the people
temporarily occupying the property, and

(iv)   written evidence that the owners of the property (where
applicable) have been notified and given their written
consent.

(1B)    In addition to the requirement in subsection (1A)(b), the regulations may
permit the local planning authority to establish a fast-track procedure
which would enable the person owning or renting out the premises in
question to provide the specified information with less than 21 days’ notice
if that person pays a registration fee at a level to be set by the local planning
authority.”

49

Page 28, line 35, at end insert—

“( )     The circumstances referred to in subsection (1) shall include where the
premises in question are the principal and permanent residence of the
owner.”

50

Page 28, line 42, at end insert—

“( )     Regulations under this section may provide that, where a local planning
authority takes enforcement action in respect of the illegal use of residential
premises in Greater London as temporary sleeping accommodation, the
authority may reclaim any costs associated with that enforcement from the
owner or leaseholder of the premises in question.”

51

Leave out Clause 33

After Clause 34

BARONESS BAKEWELL OF HARDINGTON MANDEVILLE

BARONESS GRENDER

LORD STONEHAM OF DROXFORD

LORD TOPE

52

Insert the following new Clause—

“Preventing retaliatory evictions

In the Housing Act 1988, after section 21 insert—

“21A          Preventing retaliatory evictions

(1)     A notice under section 21(1)(b) or (4)(a) (a “section 21 notice”) may
not be given in relation to an assured shorthold tenancy of a
dwelling-house in England within six months beginning with the
day of service of a relevant notice in relation to the dwelling-house.

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

(a)   before the section 21 notice was given, the tenant made a
relevant complaint in relation to the dwelling-house to the
landlord or the relevant local housing authority, and

(b)   since the section 21 notice was given, the relevant local
housing authority has served a relevant notice in relation to
the dwelling-house.

(3)     It is a defence to proceedings for an order under section 21 in
relation to an assured shorthold tenancy of a dwelling-house in
England that—

(a)   before the section 21 notice was given, the tenant made a
relevant complaint in relation to the dwelling-house to the
landlord or the relevant local housing authority, and

(b)   subsection (4) applies.

(4)     This subsection applies if—

(a)   the relevant local housing authority has not decided
whether to inspect the dwelling-house or the common parts,

(b)   the relevant local housing authority has decided to inspect
the dwelling-house or the common parts but has not
conducted an inspection,

(c)   the relevant local housing authority has conducted an
inspection of the dwelling-house or the common parts but
has not decided whether to serve a relevant notice, or

(d)   the relevant local housing authority has decided to serve a
relevant notice in relation to the dwelling-house but the
relevant notice has not been served.

(5)     Subsection (1) does not apply where—

(a)   the relevant notice has been wholly revoked under section
16 of the Housing Act 2004 (revocation and variation of
improvement notices) 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 (procedure and appeals relating to
improvement notices),

(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,

(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 (appeals relating to emergency
measures), or

(e)   the relevant notice has been made subject to an order under
section 29 of the Senior Courts Act 1981 (mandatory,
prohibiting and quashing orders).

(6)     References in this section and section 21B to a relevant notice
served, or relevant 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.

(7)     But subsection (6) applies only if—

(a)   the landlord has an estate or 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.

(8)     In this section and section 21B, 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.

(9)     In this section and section 21B—

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

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

(a)   the structure and exterior of the building, and

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

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

“relevant complaint”, in relation to a dwelling-house, means a
complaint made—

(a)   to a landlord in writing, or

(b)   to a relevant local housing authority,

regarding the condition of the dwelling-house at the time of the complaint;

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

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

(c)   a notice served under section 28 of that Act (hazard
awareness notices relating to category 1 hazards),

(d)   a notice served under section 29 of that Act (hazard
awareness notices relating to category 2 hazards), or

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

21B          Further exemptions to section 21A

(1)     Subsections (1) to (3) of section 21A do not apply where the
condition of the dwelling-house or common parts that gave rise to
the service of the relevant notice, or consideration of whether to
serve a 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)     Subsection (3) of section 21A does not apply if the court considers
that the relevant complaint is totally without merit.

(3)     Subsections (1) to (3) of section 21A do not apply where the
dwelling-house is genuinely on the market for sale.

(4)     For the purposes of subsection (3), 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.

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

(6)     For the purposes of subsection (4), a business partner of a landlord
includes a person who is—

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

(b)   a partner of a partnership of which the landlord is also a
partner.

(7)     Subsections (1) to (3) of section 21A do not apply where the
landlord is a private registered provider of social housing.

(8)     Subsections (1) to (3) of section 21A 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 or by section 101 of the Law of
Property Act 1925 (powers incident to estate or interest of
mortgage), and

(c)   the mortgagee requires possession of the dwelling-house
for the purpose of disposing of it with vacant possession in
exercise of that power.

(9)     In subsection (8)—

(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.””

Clause 39

LORD MCKENZIE OF LUTON

BARONESS HANHAM

LORD TOPE

53

Page 31, line 19, leave out from “given” to end of line 21 and insert “—

(a)   by a notice fixed to the vehicle;

(b)   by a notice handed to the person appearing to be in charge
of the vehicle at the time; or

(c)   where the enforcement officer is prevented from serving the
notice by either of the methods in paragraph (a) or (b), by
post,

in respect of a parking contravention on a road in a civil enforcement area
in England”

54

Page 31, line 27, at end insert—

“(3)     The regulations must provide that the requirements under
subsection (1) do not apply to the following contraventions—

(a)   stopping on “school entrance keep clear” markings or any
stopping or loading contravention within 100 metres of a
school entrance,

(b)   stopping on pedestrian crossings,

(c)   stopping on a bus stop or stand,

(d)   stopping in an operating bus lane,

(e)   stopping, where prohibited, on a red route or clearway,

(f)   stopping in other locations where prohibited, or

(g)   loading where prohibited.”

55

Page 32, line 2, at end insert—

“(5)     Any regulations made under this section shall not apply to the
following contraventions—

(a)   stopping on “school entrance keep clear” markings or any
stopping or loading contravention within 100 metres of a
school entrance,

(b)   stopping on pedestrian crossings,

(c)   stopping on a bus stop or stand,

(d)   stopping in an operating bus lane,

(e)   stopping, where prohibited, on a red route or clearway,

(f)   stopping in other locations where prohibited, or

(g)   loading where prohibited.”

56

Page 32, line 2, at end insert—

“( )     Nothing in this section shall come into effect until the following have been
published—

(a)   a regulatory impact assessment of any proposals to be made under
new regulations under sections 78A and 87A of the Traffic
Management Act 2004; and

(b)   an equalities impact assessment of any proposals to be made under
new regulations under sections 78A and 87A of the Traffic
Management Act 2004.”

After Clause 39

LORD LOW OF DALSTON

LORD TOPE

LORD HOLMES OF RICHMOND

57

Insert the following new Clause—

“Prohibition of parking on verges, central reservations and footways

(1)     The Road Traffic Act 1988 is amended as follows.

(2)     After section 19 (Prohibition of HGVs on verges, central reservations and
footways) insert—

“19A          Parking on a road anywhere other than on the carriageway

(1)     A person who parks a vehicle wholly or partly—

(a)   on the verge of an urban road,

(b)   on a footway comprised of an urban road, or

(c)   on any other part of an urban road other than on the
carriageway,

is guilty of a civil offence, subject to the provisions of subsection (3).

(2)     An offence under this section shall be treated as a traffic
contravention for the purposes of Part 6 of the Traffic Management
Act 2004 and regulations made under it.

(3)     Subject to subsection (6), a highway authority may by resolution, or
in the case of the Secretary of State by such notice as appears to him
to be appropriate, authorise, from a date specified in the resolution
or notice, the parking of vehicles on or over a footway or any part
of a footway as referred to in subsection (1).

(4)     Nothing in this section shall apply to any road within Greater
London.

(5)     In this section—

“carriageway” and “footway” have the same meanings as in
the Highways Act 1980;

“urban road” means a road which—

(a)   is a restricted road for the purposes of section 81 of
the Road Traffic Regulation Act 1980;

(b)   is subject to an order under section 84 of that Act
imposing a speed limit not exceeding 40 miles per
hour; or

(c)   is subject to a speed limit not exceeding 40 miles per
hour which is imposed by or under any local Act;

“vehicle” means a mechanically propelled vehicle or a vehicle
designed or adapted for towing by, or to be attached to, a
mechanically propelled vehicle but does not include a
heavy commercial vehicle within the meaning of section 19
of this Act.

(6)     The Secretary of State may make regulations as to any exemptions
from the prohibition contained in subsection (1).”

(3)     The Traffic Management Act 2004 is amended as follows.

(4)     In Schedule 7, after paragraph 4(2)(g) insert—

“(ga)   an offence under section 19A of the Road Traffic Act 1988
(parking on a road anywhere other than on the
carriageway);”.”

Clause 95

LORD WALLACE OF SALTAIRE

58

Page 73, line 27, at end insert—

“( )   section (Tenancy deposits: provision of information by agents);”

59

Page 73, line 36, after “regulations” insert “made by statutory instrument”

60

Page 73, line 38, at end insert—

“( )   section 44 and Schedule 12;”

61

Page 73, line 39, leave out “sections 47 to” and insert “sections 48 and”

62

Page 73, line 40, leave out “Part 6” and insert “Parts 2 and 6”

63

Page 74, line 6, at end insert—

“( )   section 28;”

64

Page 74, line 8, leave out paragraph (e)

65

Page 74, line 11, leave out “section 46” and insert “sections 46 and 47”

66

Page 74, line 14, at end insert—

“( )   sections 69 and 70;”

LORD SHARKEY

67

Page 74, line 18, leave out paragraph (o)

LORD WALLACE OF SALTAIRE

68

Page 74, line 18, leave out “section 87 and”

69

Page 74, line 24, leave out subsection (4)

70

Page 74, line 27, leave out “comes” and insert “and, as respects Wales, paragraphs
34, 35 and 40 of Schedule 21 come”

71

Page 74, line 28, at end insert—

“( )     Where a provision of a Schedule comes into force in accordance with
subsection (3)(o) to (s) or (5), the section to which that Schedule relates
comes into force (so far as relating to that provision) at the same time.”

LORD SHARKEY

72

Page 74, line 28, at end insert—

“( )     Section 87 and paragraph 43 of Schedule 31 come into force on the day on
which this Act is passed, and the other paragraphs of Schedule 21 shall
come into force in accordance with the provisions of subsections (2) to (8)
of section 87.”

LORD WALLACE OF SALTAIRE

73

Page 74, line 34, at end insert “or, as respects Wales, paragraphs 34, 35 and 40 of
Schedule 21”

74

Page 74, line 38, at end insert “(other than transitional, transitory or saving
provision that the Welsh Ministers have power to make under subsection (7))”

Prepared 4th February 2015