Office of Public Sector Information
CHAPTER II continued
(8) In section 16 (power to lend to individuals otherwise than by class 1 or 2 advances) in subsection (15) (reclassification of loans under section 16 as class 1 or 2 advances)—
(a) in paragraph (b), there shall be inserted at the beginning “where the mortgage is granted by the borrower,”, and
(b) for the words from “or” at the end of paragraph (b) to “notice” in paragraph (c) there shall be substituted—
“(c) where the mortgage is granted otherwise than by the borrower and the loan has been used to purchase land—
(i) on notice given to it by the borrower that there has been a change in the use of the land purchased, or
(ii) on notice given to it by the mortgagor that there has been a change in the use of the mortgaged land, or
(d) on notice given to it—
(i) where the mortgage is granted by the borrower, by him, and
(ii) where the mortgage is granted otherwise than by the borrower, by the mortgagor,”.
(1) In the [1986 c. 53.] Building Societies Act 1986, after section 14 there shall be inserted—
(1) Subject to subsection (2) below, a building society may participate in syndicated lending—
(a) as a member of the lending syndicate, or
(b) as a person whose rights as a participant arise under an arrangement with a member of the lending syndicate (“a sub-participant”).
(2) Subsection (1) above only applies if—
(a) the syndicated lending is appropriately secured, and
(b) where the society’s participation is as a sub-participant, the society’s rights as such a participant are appropriately secured.
(3) The Commission may, with the consent of the Treasury, by order—
(a) make provision with respect to what constitutes appropriate security for the purposes of subsection (2)(a) or (b) above;
(b) make provision with respect to the classification, for the purposes of the requirements of this Part for the structure of commercial assets, of a society’s participation under this section in syndicated lending; and
(c) provide for the application of the provisions of this Part, with such modifications as appear to the Commission to be appropriate, to a society’s participation under this section in syndicated lending.
(4) The power conferred by subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(5) A building society may only exercise the power conferred by this section if it has adopted it.”
(2) Where, immediately before the day on which this section comes into force, a building society is entitled to exercise powers conferred by section 18 of the Building Societies Act 1986 in relation to—
(a) bodies of the description specified in Part I of the Schedule to the [S.I. 1992/649.] Building Societies (Designation of Qualifying Bodies) Order 1992 (appropriate lending vehicle), or
(b) bodies of the description specified in item 9 of Part I of the Schedule to the [S.I. 1993/2706.] Building Societies (Designation of Qualifying Bodies) (No. 3) Order 1993 (lending body),
the society shall be deemed to have adopted the power conferred by section 14A of that Act in accordance with sub-paragraph (1) of paragraph 4 of Schedule 2 to that Act (alteration of powers by the adoption of an adoptable power) and to have determined under sub-paragraph (3) of that paragraph (duty to determine the date on which it intends the alteration to take effect) that it intends the alteration to take effect on the day on which this section comes into force.
(3) In relation to a deemed alteration under subsection (2) above, Schedule 2 to the Building Societies Act 1986 shall have effect with the following modifications—
(a) in paragraph 4(2)(b) (statutory declaration by secretary with respect to alteration) for the words from “a resolution” to the end there shall be substituted “section 17(2) of the Deregulation and Contracting Out Act 1994 and that the record is a true record of the alteration”,
(b) in paragraph 4(4) (functions of central office on receipt of record of alteration) the words from “and the central office” to “under it” shall be omitted, and
(c) in paragraph 16(3) (declaration by society of non-anticipation of powers) in paragraphs (a) and (b), the words “and expired with the date of the meeting at which the power was adopted” shall be omitted.
(1) In the [1964 c. 26.] Licensing Act 1964, after section 86 there shall be inserted—
(1) At a port where this section is in operation section 59 of this Act shall not apply to licensed premises within an approved wharf.
(2) The Secretary of State may by order bring this section into operation at any port which appears to him to be one at which there is a substantial amount of international passenger traffic.
(3) Before the Secretary of State makes an order bringing this section into operation at a port, he shall satisfy himself that arrangements have been made for affording reasonable facilities on licensed premises within any approved wharf at that port for obtaining hot and cold beverages other than intoxicating liquor at all times when intoxicating liquor is obtainable on those premises.
(4) If it appears to the Secretary of State that at any port where this section is in operation such arrangements as are mentioned in subsection (3) of this section are not being maintained, he shall revoke the order bringing this section into operation at that port, but without prejudice to his power of making a further order with respect to that port.
(5) In this section, “approved wharf” has the same meaning as in the [1979 c. 2.] Customs and Excise Management Act 1979.”
(2) In the [1976 c. 66.] Licensing (Scotland) Act 1976, after section 63 there shall be inserted—
(1) The Secretary of State may by order made by statutory instrument bring this section into operation at any port which appears to him to be a port at which there is a substantial amount of international passenger traffic.
(2) At a port where this section is in operation, neither section 54 nor section 119 of this Act nor any provision or rule of law prohibiting or restricting the sale or supply of alcoholic liquor on Sunday shall apply to licensed premises which are within an approved wharf.
(3) Before the Secretary of State makes an order bringing this section into operation at a port, he shall satisfy himself that arrangements have been made for affording reasonable facilities in licensed premises within any approved wharf at that port for obtaining hot and cold beverages other than alcoholic liquor at all times when alcoholic liquor is obtainable for consumption in those premises.
(4) If it appears to the Secretary of State that at any port where this section is in operation such arrangements as are mentioned in subsection (3) above are not being maintained, he shall revoke the order bringing this section into operation as respects that port, but without prejudice to his power of making a further order with respect to that port.
In this section, “approved wharf” has the same meaning as in the Customs and Excise Management Act 1979.”
(1) In section 168 of the [1964 c. 26.] Licensing Act 1964 (children prohibited from bars) after subsection (3) there shall be inserted—
“(3A) No offence shall be committed under subsection (1) of this section if—
(a) the person under fourteen is in the bar in the company of a person who is eighteen or over,
(b) there is in force a certificate under section 168A(1) of this Act relating to the bar, and
(c) the certificate is operational or subsection (3B) of this section applies.
(3B) This subsection applies where—
(a) the person under fourteen, or a person in whose company he is, is consuming a meal purchased before the certificate ceased to be operational, and
(b) no more than thirty minutes have elapsed since the certificate ceased to be operational.
(3C) No offence shall be committed under subsection (2) of this section if the person causes or procures, or attempts to cause or procure, the person under fourteen to be in the bar in the circumstances mentioned in paragraphs (a) to (c) of subsection (3A) of this section.”
(2) After that section there shall be inserted—
(1) The holder of a justices' licence may apply to the licensing justices for the grant of a certificate in relation to any area of the premises for which the licence is in force which consists of or includes a bar.
(2) Licensing justices may grant an application for a certificate under subsection (1) of this section (“a children’s certificate”) if it appears to them to be appropriate to do so, but shall not do so unless they are satisfied—
(a) that the area to which the application relates constitutes an environment in which it is suitable for persons under fourteen to be present, and
(b) that meals and beverages other than intoxicating liquor will be available for sale for consumption in that area.
(3) Where a children’s certificate is in force, the holder of the justices' licence for the licensed premises to which the certificate relates shall keep posted in some conspicuous place in the area to which the certificate relates a notice which—
(a) states that a children’s certificate is in force in relation to the area, and
(b) explains the effect of the certificate and of any conditions attached to it.
(4) A person who fails to perform the duty imposed on him by subsection (3) of this section shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 1 on the standard scale.
(5) In any proceedings for an offence under subsection (4) of this section, it shall be a defence for the accused to prove that he took all reasonable precautions, and exercised all due diligence, to avoid the commission of the offence.
(6) Schedule 12A to this Act (supplementary provisions) shall have effect.
(7) Subsection (1) of this section shall apply to an applicant for a justices' licence as it applies to the holder of a justices' licence, and, in its application by virtue of this subsection, shall have effect as if the reference to the premises for which the licence is in force were to the premises which are the subject of the application for a justices' licence.”
(3) After Schedule 12 to that Act there shall be inserted the Schedule set out in Schedule 7 to this Act (supplementary provisions).
(1) The [1963 c. 2.] Betting, Gaming and Lotteries Act 1963 shall be amended as set out in subsections (2) to (5) below.
(2) In section 5(1), for “Good Friday, Christmas Day or Sunday” there shall be substituted “Good Friday or Christmas Day”.
(3) After section 31 there shall be inserted—
Schedule 5A to this Act shall have effect for the purpose of making provision about the rights of betting workers as respects Sunday working.”
(4) In Schedule 4, in paragraph 1, for “Good Friday, Christmas Day and every Sunday” there shall be substituted “Good Friday and Christmas Day”.
(5) After Schedule 5 there shall be inserted the Schedule set out in Schedule 8 to this Act.
The entertainments and amusements to which the [1780 c. 49.] Sunday Observance Act 1780 applies shall not include any sporting event or activity.
For section 119(3) of the [1976 c. 66.] Licensing (Scotland) Act 1976 (trading hours for off-sale premises and off-sale parts of public houses and hotels and prohibition of Sunday opening), there shall be substituted the following subsection—
“(3) Off-sale premises and the off-sale part of premises shall not be opened for the serving of customers with alcoholic liquor—
(a) on a day other than a Sunday, earlier than eight in the morning, and
(b) on a Sunday, earlier than half past twelve in the afternoon,
and shall be closed for the serving of customers with such liquor not later than ten in the evening.”
Part I of the [1950 c. 28.] Shops Act 1950 (hours of closing) shall cease to have effect.
In the [1950 c. 28.] Shops Act 1950—
(a) Part II (conditions of employment), and
(b) section 67 (business of hairdresser or barber not to be carried on in Scotland on Sunday),
shall cease to have effect.
(1) In Part II of the [1992 c. 41.] Charities Act 1992 (control of fund-raising for charitable institutions) section 58(1) (definitions) shall be amended as follows.
(2) In the definition of “commercial participator”, after “person” there shall be inserted “(apart from a company connected with the institution)”.
(3) In paragraph (a) of the definition of “professional fund-raiser”, after “institution” there shall be inserted “or a company connected with such an institution”.
(1) Section 63 of the Offences under section 63 of the Charities Act 1992: creation of statutory defence. Charities Act 1992 (which makes it an offence to solicit property for an institution while falsely representing that it is a registered charity) shall be amended as follows.
(2) After subsection (1) there shall be inserted—
“(1A) In any proceedings for an offence under subsection (1), it shall be a defence for the accused to prove that he believed on reasonable grounds that the institution was a registered charity.”
(3) In subsection (2) (meaning of “registered charity”) for the words “subsection (1)” there shall be substituted “this section”.
In section 67 of the Applications for permits to conduct public charitable collections: time-limits.Charities Act 1992 (applications for permits to conduct public charitable collections) paragraph (b) of subsection (3) (which provides that an application shall not be made more than six months before the relevant day) and the word “but” immediately preceding it shall be omitted.
(1) Section 43 of the [1993 c. 10.] Annual audit or examination of charity accounts.Charities Act 1993 (annual audit or examination of charity accounts) shall be amended as follows.
(2) In subsection (3) (which requires a charity’s accounts for a financial year to be audited or independently examined if its gross income and total expenditure in that year, and each of the two previous financial years, is £100,000 or less) after “a charity” there shall be inserted “and its gross income or total expenditure in that year exceeds £10,000”.
(3) In subsection (8) (power of Secretary of State to amend sum specified in subsection (1)) after “(1)” there shall be inserted “or (3)”.
(1) In section 45 of the Annual reports of charities.Charities Act 1993 (annual reports) in subsection (3) (automatic duty to transmit annual report to the Commissioners) for the words from the beginning to “a charity” there shall be substituted “Where in any financial year of a charity its gross income or total expenditure exceeds £10,000, the annual report required to be prepared under this section in respect of that year”.
(2) After that subsection there shall be inserted—
“(3A) Where in any financial year of a charity neither its gross income nor its total expenditure exceeds £10,000, the annual report required to be prepared under this section in respect of that year shall, if the Commissioners so request, be transmitted to them by the charity trustees—
(a) in the case of a request made before the end of seven months from the end of the financial year to which the report relates, within ten months from the end of that year, and
(b) in the case of a request not so made, within three months from the date of the request,
or, in either case, within such longer period as the Commissioners may for any special reason allow in the case of that report.”
(3) In subsection (4) of that section, for “any such annual report” there shall be substituted “any annual report transmitted to the Commissioners under this section”.
(4) In subsection (5) of that section, for “subsection (3) above” there shall be substituted “this section”.
(5) In subsection (6) of that section, for “subsection (3) above” there shall be substituted “this section”.
(6) At the end of that section there shall be inserted—
“(7) The charity trustees of a charity shall preserve, for at least six years from the end of the financial year to which it relates, any annual report prepared by them under subsection (1) above which they have not been required to transmit to the Commissioners.
(8) Subsection (4) of section 41 above shall apply in relation to the preservation of any such annual report as it applies in relation to the preservation of any accounting records (the references in subsection (3) of that section being read as references to subsection (7) above).
(9) The Secretary of State may by order amend subsection (3) or (3A) above by substituting a different sum for the sum for the time being specified there.”
(7) In section 46(7) of that Act (application of section 45(3) to (6) to annual reports under section 46(5)) after “section 45” there shall be inserted “(as originally enacted)”.
(8) In section 49 of that Act (penalty for persistent default in relation to certain requirements) in paragraph (a), after “45(3)” there shall be inserted “or (3A)”.
(1) Section 48 of the [1993 c. 10.] Charities Act 1993 (annual returns by registered charities) shall be amended as follows.
(2) In subsection (1) (duty to prepare annual return) at the beginning there shall be inserted “Subject to subsection (1A) below,”.
(3) After subsection (1) there shall be inserted—
“(1A) Subsection (1) above shall not apply in relation to any financial year of a charity in which neither the gross income nor the total expenditure of the charity exceeds £10,000.”
(4) At the end there shall be inserted—
“(4) The Secretary of State may by order amend subsection (1A) above by substituting a different sum for the sum for the time being specified there.”
Schedule 9 to this Act (which contains provisions designed to facilitate the uniting of enforcement functions relating to slaughterhouses and knackers' yards) shall have effect.
(1) In Schedule 1 to the Building Act 1984 (building regulations) in paragraph 11(1), after paragraph (b) there shall be inserted “or
(c) any provision of a local Act passed before the day on which the Deregulation and Contracting Out Act 1994 is passed,”.
(2) In section 14 of that Act (consultation) there shall be inserted at the end—
“(4) Before making any building regulations containing provision of the kind authorised by paragraph 11(1)(c) of Schedule 1 to this Act, the Secretary of State shall consult—
(a) the Building Regulations Advisory Committee,
(b) such persons or bodies as appear to him to be representative of local authorities, and
(c) such other bodies as appear to him to be representative of the interests concerned.”
(1) In section 34 of the Environmental Protection Act 1990 (duty of care etc. as respects controlled waste), after subsection (4) there shall be inserted—
“(4A) For the purposes of subsection (1)(c)(ii) above—
(a) a transfer of waste in stages shall be treated as taking place when the first stage of the transfer takes place, and
(b) a series of transfers between the same parties of waste of the same description shall be treated as a single transfer taking place when the first of the transfers in the series takes place.”
(2) Subsection (1) above shall be deemed always to have had effect, except in relation to any proceedings for failure to comply with the duty imposed by section 34(1) of that Act which were commenced before the coming into force of subsection (1) above.
(3) Where any such proceedings have not been disposed of before the coming into force of subsection (1) above, it shall be a defence to show that the conduct in question would not have constituted a breach of the duty concerned had subsection (1) above been in force at the time.
(1) Subsection (3) below applies to any order having effect under or by virtue of section 6 (orders similar to traffic regulation orders) or 9 (experimental traffic orders) of the [1984 c. 27.] Road Traffic Regulation Act 1984 (“the 1984 Act”) which provides for a relevant traffic control to be subject to a relevant exception, being an order in relation to which the appropriate authority is a London borough council or the Common Council of the City of London.
(2) For the purposes of this section—
(a) a relevant traffic control is a prohibition or restriction on the use of a road for traffic which does not apply to motor vehicles generally but applies to some or all heavy commercial vehicles, and
(b) a relevant exception is an exception whose application, in the case of any heavy commercial vehicles, depends to any extent on the exercise of a delegated discretion.
(3) The Secretary of State may, for the purpose of replacing a relevant exception to a relevant traffic control with such other exception as he thinks fit, by order make any such variation of an order to which this subsection applies as the appropriate authority may make.
(4) The Secretary of State shall only exercise the power conferred by subsection (3) above if he is satisfied that doing so—
(a) will have the effect that less of a burden is imposed on the carrying on of business, and
(b) will not have the effect of removing any necessary protection.
(5) The Secretary of State may, for the purpose of amending as he thinks fit an exception introduced under subsection (3) above (including such an exception as amended), by order make any such variation of the order varied under that subsection as the appropriate authority may make.
(6) The Secretary of State may, for the purpose of amending as he thinks fit a provision of an order having effect under or by virtue of section 6 or 9 of the 1984 Act which re-enacts (with or without modification) an exception introduced under subsection (3) above (including such an exception as amended) (“a re-enactment order”), by order make any such variation of the order as the appropriate authority may make.
(7) The Secretary of State shall only exercise the power conferred by subsection (5) or (6) above if he is satisfied—
(a) that, if he does so, it will still be the case that less of a burden is imposed on the carrying on of business than was imposed before the replacement under subsection (3) above, and
(b) that doing so will not have the effect of removing any necessary protection.
(8) Paragraphs 35 to 37 of Part VI of Schedule 9 to the 1984 Act (validity of certain orders) shall apply to an order under this section as they apply to an order to which that Part applies; and in those paragraphs, in their application by virtue of this subsection—
(a) “the relevant powers” means the powers conferred by this section with respect to the order in question, and
(b) “the relevant requirements” means the requirements of this section with respect to that order.
(9) Before making any order under this section, the Secretary of State shall consult with such representative organisations as he thinks fit; and any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(10) Where in the case of any order proposed to be made by the council of a London borough or the Common Council of the City of London under or by virtue of section 6 or 9 of the 1984 Act, it is proposed to include in the order any provision—
(a) varying or revoking an order under this section,
(b) varying or revoking an order having effect under or by virtue of section 6 or 9 of that Act which is varied by an order under this section, or
(c) varying or revoking a re-enactment order,
the order shall not be made except with the consent of the Secretary of State.
(11) Where, in the case of any order proposed to be made by the council of a London borough or the Common Council of the City of London under or by virtue of section 9 of the 1984 Act, it is proposed to include in the order provision under section 10(1)(a) of that Act relating to—
(a) an order under this section,
(b) an order having effect under or by virtue of section 6 or 9 of that Act which is varied by an order under this section, or
(c) a re-enactment order,
the order shall not be made except with the consent of the Secretary of State.
(12) In this section—
“appropriate authority”, in relation to an order having effect under or by virtue of section 6 or 9 of the 1984 Act, means the authority by which the order is, or is deemed to be, made;
“heavy commercial vehicle” and “road” have the same meanings as in the 1984 Act;
“motor vehicle” means a vehicle treated as a motor vehicle for the purposes of the 1984 Act;
“re-enactment order” has the meaning given by subsection (6) above; and
“the 1984 Act” has the meaning given by subsection (1) above.
Schedule 10 to this Act (which provides for the replacement of licensing in relation to employment agencies etc.) shall have effect.
(1) In section 59(1) of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (circumstances in which dismissal for redundancy to be regarded as unfair) paragraph (b) (selection for dismissal in contravention of customary arrangement or agreed procedure) shall be omitted.
(2) Article 22C(1)(e) of the [S.I. 1976/1043 (N.I. 16).] Industrial Relations (Northern Ireland) Order 1976 (corresponding provision for Northern Ireland) shall be omitted.
(1) The appropriate authority may by regulations repeal or, as the case may be, revoke—
(a) any provision which is an existing statutory provision for the purposes of Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974 (“the 1974 Act”),
(b) any provision of regulations under section 15 of the 1974 Act (health and safety regulations) which has effect in place of a provision which was an existing statutory provision for the purposes of that Part,
(c) any provision which is an existing statutory provision for the purposes of the [S.I. 1978/1039 (N.I. 9).] Health and Safety at Work (Northern Ireland) Order 1978 (“the 1978 Order”), or
(d) any provision of regulations under Article 17 of the 1978 Order (health and safety regulations) which has effect in place of a provision which was an existing statutory provision for the purposes of that Order.
(2) Before making regulations under subsection (1) above, the appropriate authority shall consult—
(a) in the case of regulations under paragraph (a) or (b) of that subsection, the Health and Safety Commission,
(b) in the case of regulations under paragraph (c) or (d) of that subsection, the Health and Safety Agency for Northern Ireland,
and, in either case, such other persons as the appropriate authority considers appropriate.
(3) Instead of consulting such other persons as the appropriate authority considers it appropriate to consult under subsection (2) above, the authority may require the Health and Safety Commission or, as the case may be, the Health and Safety Agency for Northern Ireland to consult such persons as it considers appropriate for the purpose of deciding how it should respond to consultation under that subsection.
(4) Instead of consulting a person whom the appropriate authority considers it appropriate to consult under subsection (2) above, the authority may require the Health and Safety Commission or, as the case may be, the Health and Safety Agency for Northern Ireland to consult the person for the purpose of deciding how it should respond to consultation under that subsection.
(5) The appropriate authority may require consultation under subsection (3) or (4) above to be carried out in accordance with the authority’s directions.
(6) Regulations under subsection (1) above may contain such transitional provisions and savings as the appropriate authority considers appropriate.
(7) Regulations under paragraph (a) or (b) of subsection (1) above shall be made by statutory instrument, and no instrument shall be made under that paragraph unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
(8) Regulations under subsection (1)(c) or (d) above—
(a) shall be statutory rules for the purposes of the [S.I. 1979/1573 (N.I. 12).] Statutory Rules (Northern Ireland) Order 1979, and
(b) shall be subject to affirmative resolution, as defined in section 41(4) of the [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954, as if they were statutory instruments within the meaning of that Act.
(9) In this section, “appropriate authority”—
(a) in relation to regulations under subsection (1)(a) or (b) above, means the Secretary of State, and
(b) in relation to regulations under subsection (1)(c) or (d) above, means the Department concerned (within the meaning of the 1978 Order, but as if any reference to that Order included a reference to this section).
Deregulation and Contracting Out Act 1994