Citation and interpretation

1. —(1) This Order may be cited as the Deregulation Act 2015 (Commencement No. 1 and Transitional and Saving Provisions) Order 2015.

(2) In this Order, “the Act” means the Deregulation Act 2015.

Provisions coming into force on 1st April 2015

2. The day appointed for the coming into force of the following provisions of the Act is 1st April 2015—

(a) section 48 (provision of advice etc about residential licences);

(b) section 53 (civil penalties for parking contraventions: enforcement) so far as not already in force( 2 );

(c) section 69 (personal licences: no requirement to renew) and Schedule 18 (amendments consequential on section 69).

Provisions coming into force on 6th April 2015

3. The day appointed for the coming into force of the following provisions of the Act is 6th April 2015—

(a) section 62 (child trust funds: transfers) so far as not already in force( 3 );

(b) section 63 (child trust funds: safeguards for children’s interests) so far as not already in force( 4 ); and

(c) section 76 (exhibition of films in community premises).

Provisions coming into force on 10th April 2015

4. The day appointed for the coming into force of section 52(a) (reduction of burdens relating to enforcement of transport legislation) and Part 1 of Schedule 11 (drink and drug driving offences) is 10th April 2015.

Provisions coming into force on 20th April 2015

5. The day appointed for the coming into force, so far as not already in force( 5 ), of section 90 of and Schedule 21 to the Act, (poisons and explosive precursors) is 20th April 2015, but only for the purposes of enabling applications for licenses under section 4A of the Poisons Act 1972 to be made, considered and determined, and of enabling such licenses to be issued, before 26th May 2015.

Provisions coming into force on 26th May 2015

6. The day appointed for the coming into force of the following provisions of the Act is 26th May 2015—

(a) section 3 (apprenticeships: simplification) and Part 1 of Schedule 1 (approved English apprenticeships), so far as not already in force( 6 ), and Part 2 of Schedule 1 (consequential amendments);

(b) section 4 (English apprenticeships: funding arrangements);

(c) section 5 (English apprenticeships: disclosure of information);

(d) section 14 (shippers etc of gas);

(e) section 44 (short-term use of London accommodation: relaxation of restrictions);

(f) section 45 (short-term use of London accommodation: power to relax restrictions);

(g) section 59(c) (other measures relating to animals, food and the environment) and Part 3 of Schedule 13 (joint waste authorities);

(h) section 68 (temporary event notices: increase in maximum number of events per year);

(i) section 70 (sale of liqueur confectionery to children under 16: abolition of offence);

(j) section 72 (removal of requirement to report loss or theft of licence etc to police);

(k) section 77 (TV licensing: duty to review sanctions);

(l) section 78 (TV licensing: alternatives to criminal sanctions);

(m) section 80 (criminal procedure: written witness statements);

(n) section 81 (criminal procedure: written guilty pleas);

(o) section 82 (criminal procedure: powers to make Criminal Procedure Rules);

(p) section 90 and Schedule 21 (poisons and explosive precursors), so far as not already in force( 7 );

(q) section 93 (reduction in regulation of providers of social work services);

(r) section 96 (NHS foundation trusts and NHS trusts; acquisitions and dissolutions etc).

Provisions coming into force on 8th June 2015

7. The day appointed for the coming into force of the following provisions of the Act is 8th June 2015—

(a) section 8(1), (3) and (4), Part 2 of Schedule 2, so far as not already in force( 8 ), and paragraphs 30, 32 and 33 of Part 3 of Schedule 2 (driving instructors);

(b) section 51(f) (reduction of burdens relating to the use of roads and railways) and Part 6 (testing of vehicles) of Schedule 10 (regulation of the use of roads and railways) so far as not already in force( 9 ).

Provisions coming into force on 15th June 2015

8. The day appointed for the coming into force, so far as not already in force( 10 ), of section 58 (household waste: de-criminalisation) and Schedule 12 (household waste: London) is 15th June 2015.

Provisions coming into force on 30th June 2015

9. The day appointed for the coming into force of the following provisions of the Act is 30th June 2015—

(a) section 9 (motor insurers) and Schedule 3 (motor insurance industry: certificates of insurance);

(b) section 51(b) (reduction of burdens relating to the use of roads and railways) and Part 2 of Schedule 10 (permit schemes: removal of requirement for Secretary of State approval), so far as not already in force ( 11 ).

Provisions coming into force on 1st July 2015

10. The day appointed for the coming into force of the following provisions of the Act is 1st July 2015—

(a) section 37 (prescribed form of section 21 notices);

(b) section 38 (compliance with prescribed legal requirements), so far as is necessary for enabling the exercise on or after that day of any power to make provision by regulations made by statutory instrument;

(c) section 39 (requirement for landlord to provide prescribed information), so far as is necessary for enabling the exercise on or after that day of any power to make provision by regulations made by statutory instrument.

Provisions coming into force on 1st October 2015

11. The day appointed for the coming into force of the following provisions of the Act is 1st October 2015—

(a) section 2 (removal of employment tribunals’ power to make wider recommendations);

(b) section 6 (requirements to wear safety helmets: exemption for Sikhs);

(c) section 7 (requirements to wear safety helmets: exemption for Sikhs: Northern Ireland);

(d) section 10 (taxis and private hire vehicles: duration of licences);

(e) section 11 (private hire vehicles: sub-contracting);

(f) section 12 (space activity: limit on indemnity required);

(g) section 33 (preventing retaliatory eviction in relation to assured shorthold tenancies);

(h) section 34 (further exemptions to section 33);

(i) section 35 (notice to be provided in relation to periodic assured shorthold tenancies);

(j) section 36 (time limits in relation to section 21 notices and proceedings);

(k) section 38 (compliance with prescribed legal requirements), so far as not already in force( 12 );

(l) section 39 (requirement for landlord to provide prescribed information), so far as not already in force( 13 );

(m) section 40 (repayment of rent where tenancy ends before end of a period);

(n) section 41(application of sections 33 to 40);

(o) section 49 (removal of restrictions on provision of passenger rail services) and Schedule 8 (provision of passenger rail services), so far as not already in force( 14 );

(p) Section 51(g) (reduction of burdens relating to the use of roads and railways) and Part 7 of Schedule 10 (rail vehicle accessibility regulations: exemption orders).

Saving provision – sections 6 and 7

12. —(1) The coming into force of sections 6(1) to (10) and 7(1) to (8) of the Act does not affect—

(a) any right, privilege, obligation or liability acquired, accrued or incurred immediately before 1st October 2015;

(b) any penalty, forfeiture or punishment incurred in respect of any offence committed before 1st October 2015; or

(c) any investigation, legal proceeding or remedy in respect of (a) or (b) above,

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if those provisions of the Act had not been commenced.

(2) The coming into force of sections 6(11) to (13) and sections 7(9) to (11) does not affect the application of section 12 of the Employment Act 1989( 15 ) or Article 13A of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990( 16 ) (as the case may be) in relation to—

(a) any provision, criterion or practice applied to a Sikh; or

(b) any special treatment afforded to a Sikh,

before 1st October 2015.

Transitional Provision

13. The transitional provisions in the Schedule in respect of section 2, sections 3 to 5 and Parts 1 and 2 of Schedule 1, sections 8(1), (3) and (4) and Parts 2 and 3 of Schedule 2, and section 51(f) and Part 6 of Schedule 10 have effect from the commencement of the sections and Schedules to which the transitional provision relates.

Article 13

SCHEDULE Transitional Provision

PART 1 Transitional provision relating to the commencement of section 2 of the Act

1. The amendments made by section 2 of the Act do not affect sections 124 and 125 of the Equality Act 2010( 17 ) as they apply to proceedings that are commenced before 1st October 2015.

PART 2 Transitional provision relating to the commencement of section 3 of and Schedule 1 to the Act

Interpretation

2. In this Part—

“the 2009 Act” means the Apprenticeships, Skills, Children and Learning Act 2009;

“commencement date” means 26th May 2015;

“the saved provisions” means the following provisions of the 2009 Act as they have effect immediately before the commencement date—

General saving

3. Despite Part 2 of Schedule 1 to the Act, the saved provisions, and any subordinate legislation made under them, continue to have effect on and after the commencement date; subject to—

(a) the provision made by paragraph 4 for the phasing out of apprenticeship frameworks, and

(b) the modifications made by paragraphs 5 to 8.

Phasing out of apprenticeship frameworks

4. —(1) This paragraph applies where, in consequence of the publication of one or more standards under section A2 of the 2009 Act, an apprenticeship framework issued under section 14(1) of that Act is withdrawn under section 14(2).

(2) An apprenticeship framework may not be issued under section 14(1) of the 2009 Act in relation to a skill, trade or occupation to which the withdrawn framework related (whether or not the standard published under section A2 of that Act or, as the case may be, any of the standards published under that section, are subsequently revised or withdrawn).

Modifications of the saved provisions

5. Section 15 of the 2009 Act has effect as if subsections (1)(b), (2) and (3)(b) were omitted.

6. Section 24(1) of that Act has effect as if the words from “Where” to “section 23,” and paragraphs (a) and (b) were omitted.

7. Section 25 of that Act has effect as if—

(a) subsections (1) and (2) were omitted, and

(b) in subsection (3), the words from “Where” to “subsection (1),” and the word “those” were omitted.

8. Section 38(1) of that Act has effect as if for “must” there were substituted “may”.

Trailblazer apprenticeships

9. —(1) Sub-paragraph (2) applies where a person—

(a) begins work under a Trailblazer apprenticeship before the commencement date, and

(b) continues to work under the apprenticeship for any period on or after the commencement date.

(2) Any work done under the apprenticeship is to be treated as having been done under an approved English apprenticeship (within the meaning of Chapter A1 of Part 1 of the 2009 Act).

(3) For the purposes of this paragraph, a person works under a Trailblazer apprenticeship if arrangements made by the Secretary of State and known as Trailblazer apprenticeships apply in relation to the work.

10. —(1) Sub-paragraph (2) applies where—

(a) a standard is published by the Secretary of State before the commencement date, and

(b) the standard is in connection with work under a Trailblazer apprenticeship that falls to be treated by virtue of paragraph 9 as work done under an approved English apprenticeship.

(2) The standard is to be treated for the purposes of Chapter A1 of Part 1 of the 2009 Act as an approved apprenticeship standard published under section A2 of that Act in relation to the approved English apprenticeship.

PART 3 Transitional provision relating to the commencement of sections 8(1), (3) and (4) and Parts 2 and 3 of Schedule 2 to the Act

Interpretation

11. In this Part—

“the RTA” means the Road Traffic Act 1988( 18 );

“commencement date” means 8th June 2015;

“ADI” means a person who is registered as a driving instructor under section 125( 19 ) of the RTA;

“disabled trainee instructor licence” means a licence granted under section 129(2) (b) ( 20 ) of the RTA (in the form that those provisions took immediately prior to the commencement date);

“emergency control assessment” means an assessment under section 133A ( 21 ) of the RTA;

“emergency control certificate” means a certificate issued under section 133A of the RTA;

“the register” means the same as “the register” in section 123( 22 ) of the RTA;

“the Registrar” means the same as “the Registrar” in section 125(2) of the RTA;

“RDI” means a person who immediately prior to the commencement date was registered as a “disabled instructor” under section 125A( 23 ) of the RTA;

“trainee instructor licence” means—

RDIs to be treated as ADIs

12. A person who was an RDI is, on and after the commencement date, deemed to be an ADI.

Duration of registration and renewals of registration for deemed ADIs

13. Where a person is deemed to be an ADI by virtue of paragraph 12—

(a) the duration of that person’s registration must be determined in accordance with section 126( 24 ) of the RTA by reference to the date on which that person registered, or last extended registration, as an RDI; and

(b) should that person apply to retain the registration for a further 4 year period under section 127( 25 ) of the RTA that person must be treated as an ADI applying to retain the registration as an ADI.

Person holding a disabled trainee instructor licence to be treated as person holding a trainee instructor licence

14. A person who held, immediately before the commencement date, a disabled trainee instructor licence is, on and after the commencement date, deemed to hold a trainee instructor licence.

Duration of licence and renewal of licence for person deemed to hold a trainee instructor licence

15. Where a person is deemed to hold a trainee instructor licence by virtue of paragraph 14—

(a) the duration of that licence must be determined by reference to the date on which the disabled trainee instructor licence was granted; and

(b) if that person applies for a new trainee instructor licence before the deemed licence expires that application must—

(i) be treated as having been made in accordance with section 129(6) of the RTA; and

(ii) be treated as an application for a “substitute licence” as defined in regulation 13(5) of the Motor Cars (Driving Instruction) Regulations 2005( 26 ) for the purposes of Part 5 of those Regulations.

Application for registration or extension of registration made prior to the commencement date

16. —(1) Where—

(a) prior to the commencement date a person made an application to be registered under section 125A of the RTA; and

(b) the Registrar has not, before the commencement date, made a decision on whether to grant registration,

the Registrar must treat that application as an application under section 125 for registration as an ADI.

(2) Where—

(a) prior to the commencement date a person made an application to extend registration as an RDI under section 127 of the RTA; and

(b) the Registrar has not, before the commencement date, made a decision on whether to extend registration,

the Registrar must treat that application as an application for extension of registration as an ADI.

Application for a disabled trainee instructor licence made prior to the Commencement Date

17. Where—

(a) prior to the commencement date a person made an application for a disabled trainee instructor licence; and

(b) the Registrar has not, before the commencement date, made a decision on whether to grant that application,

the Registrar must treat that application as an application for a trainee instructor licence.

Continuing validity of an emergency control certificate

18. Where a person was granted an emergency control certificate before the commencement date that remained current at the commencement date that emergency control certificate must be treated as current on and after the commencement date unless the Registrar requires that person to undertake a further emergency control assessment.

Continuing requirement to hold an emergency control certificate

19. A person who, immediately before the commencement date, was required to hold an emergency control certificate must, on and after the commencement date, be treated as a person who is required to continue to hold that emergency control certificate under section 125(3)(da) of the RTA.

Persons required to take an emergency control assessment prior to the commencement date

20. —(1) This paragraph applies to a person who was—

(a) required by the Registrar, under section 125B(6)( 27 ) or section 133B(2)( 28 ) of the RTA, to undertake an emergency control assessment prior to the commencement date; and

(b) has not undertaken an emergency control assessment by the commencement date.

(2) A person to whom sub-paragraph (1) applies must, on and after the commencement date, continue to be treated as a person who is required to take an emergency control assessment and to obtain an emergency control certificate until such a time as either—

(a) that person is awarded an emergency control certificate; or

(b) the Registrar withdraws the requirement to undertake an emergency control assessment under section 133E of the RTA( 29 ), and

where that person is awarded an emergency control certificate that person must be treated as a person who is required to continue to hold an emergency control certificate under section 125(3)(da) of the RTA.

Effect of an emergency control assessment fail prior to the commencement date

21. —(1) This paragraph applies to a person who, prior to the commencement date—

(a) took an emergency control assessment where the assessor refused to grant an emergency control certificate under section 133A of the RTA, and

(b) has not subsequently been awarded an emergency control certificate.

(2) A person to whom sub-paragraph (1) applies must, on and after the commencement date, continue to be treated as a person who has been required to take an emergency control assessment and to whom the assessor has refused to grant an emergency control certificate until such a time as either—

(a) that person is awarded an emergency control certificate; or

(b) the Registrar withdraws the requirement to obtain an emergency control certificate under section 133E of the RTA.

PART 4 Transitional provision relating to the commencement of section 51(f) and Part 6 of Schedule 10 to the Act.

Interpretation

22. In this Part “commencement date” means 8th June 2015.

Existing ATFs to be deemed to be designated premises

23. Where, immediately prior to the commencement date, premises were used as an authorised testing facility under a contract with the Secretary of State which provided that goods vehicle roadworthiness testing could be performed at those premises, those premises are, on and after the commencement date, deemed to be designated premises under section 52(2)(b) of the Road Traffic Act 1988( 30 ).

Duration of deemed designation

24. Where premises are deemed to be designated premises by virtue of paragraph 23 of this Part, that deemed designation ceases at the same time as the expiry or termination of the underlying contract with the Secretary of State referred to in paragraph 23.