Deregulation and Contracting Out Act 1994

Section 39.

SCHEDULE 11U.K. Miscellaneous Deregulatory Provisions: Consequential Amendments

Licensing Act 1964 (c. 26)E+W

1(1)The Licensing Act 1964 shall be amended as follows.E+W

(2)In section 179(1)(b), after “if” there shall be inserted “ subsections (3A) to (3C) of section 168, section 168A, ”.

(3)In section 196A(1)—

(a)in paragraph (a), after sub-paragraph (iii) there shall be inserted ”or

(iv)for the grant or revocation of a children’s certificate;”, and

(b)in paragraph (b), for “or canteen licence” there shall be substituted “ , canteen licence or children’s certificate ”.

(4)In section 201(1), there shall be inserted at the appropriate place in alphabetical order—

““chilrdren’s certificate” has the meaning assigned to it by section 168A(2) of this Act;”

(5)In section 202(1)(b), after “Part III of this Act” there shall be inserted “ , under section 168A of this Act ”.

Fair Trading Act 1973 (c. 41)U.K.

2(1)The Fair Trading Act 1973 shall be amended as follows.U.K.

(2)In section 77—

(a)in subsection (1)(a), after “57(1)” there shall be inserted “ or (1A) ”, and

(b)in subsection (5)(a), after “having a” there shall be inserted “ primary ”.

(3)In section 93A(1)(a), for “under section” there shall be substituted “ pursuant to a proposal under section 56A of this Act or under section 56F or ”.

(4)In section 133(4)(a), there shall be inserted at the end “ or a notice published by the Director under section 56B of this Act ”.

Energy Act 1976 (c. 76)U.K.

3U.K.In section 5(6) of the Energy Act 1976, for “under”, in the third place where it occurs, there shall be substituted “ in accordance with section 24 of and Schedule 2 to ”.

Competition Act 1980 (c. 21)U.K.

4(1)The Competition Act 1980 shall be amended as follows.

(2)Section 2(5) shall cease to have effect.

(3)In section 5(3)—

(a)after “made” there shall be inserted “ by virtue of subsection (1)(b) or (c) above ”,

(b)after “reference be” there shall be inserted “ so ”, and

(c)the words from the beginning of paragraph (a) to “notice reference” shall be omitted.

(4)In section 15(4) for the words from the beginning to “that investigation” there shall be substituted “ On making a competition reference in relation to any course of conduct being pursued by a person falling within section 11(3)(d) above ”.

(5)In section 16, at the end there shall be inserted—

“(3)For the purposes of this section, the publication by the Director of a notice under section 4(2)(a) above shall be treated as the making by him of a report under this Act.”

(6)In section 19(5)(a), after “Act” there shall be inserted “ or in anything published under section 4(2)(a) above ”.

(7)In section 29(1)—

(a)before paragraph (a) there shall be inserted—

“(za)accepted pursuant to a proposal under section 56A of the Fair Trading Act 1973 (within the meaning of that Act) or under section 56F of that Act, or”, and

(b)in that paragraph, for “the Fair Trading Act 1973” there shall be substituted “ the said Act of 1973 ”.

Road Traffic Regulation Act 1984 (c. 27)U.K.

5U.K.In Schedule 9 to the Road Traffic Regulation Act 1984, in paragraph 28, after sub-paragraph (d) there shall be inserted;” or

“(e)an order under section 34 of the Deregulation and Contracting Out Act 1994.”

Company Directors Disqualification Act 1986 (c. 46)E+W+S

6E+W+SIn the Company Directors Disqualification Act 1986, in section 2(1), for “or liquidation” there shall be substituted “ , liquidation or striking off ”.

Building Societies Act 1986 (c. 53)U.K.

7(1)The Building Societies Act 1986 shall be amended as follows.

(2)In section 10(5) for “borrower” there shall be substituted “ mortgagor ”.

(3)In section 11(7), after “(2)(b)” there shall be inserted “ or (2)(ba)(i) or (ii) ”.

(4)In section 13(2), at the end there shall be inserted—

“(e)where the advance is to be made in connection with a disposition of other land to the borrower, any person having a financial interest in the disposition of the other land and any director, other officer or employee of his or of an associated employer; and

(f)where the advance is to be made in connection with a disposition of other land to the borrower, any person receiving a commission for introducing the parties to the transaction involving the disposition and any director, other officer or employee of his.”

(5)In section 13(3)—

(a)after “following a disposition of the land” there shall be inserted “ or in connection with a disposition of other land to the borrower ”, and

(b)in paragraph (a), the words “of the land” shall be omitted.

(6)In section 119(1), there shall be inserted at the appropriate place in alphabetical order—

““advance secured on third party land” has the meaning given by section 10(4A);”.

Financial Services Act 1986 (c. 60)U.K.

8U.K.In section 125(7) of the Financial Services Act 1986, the words “section 24 of” shall be omitted.

Companies Act 1989 (c. 40)U.K.

9U.K.In Schedule 14 to the Companies Act 1989, in paragraph 9(6), the words “section 24 of” shall be omitted.

Companies (Northern Ireland) Order 1989 (N.I. 18)N.I.

10N.I.In the Companies (Northern Ireland) Order 1989, in Article 5(1), for “or liquidation” there shall be substituted “ , liquidation or striking off ”.

Companies (Northern Ireland) Order 1990 (N.I. 5)U.K.

11U.K.In Schedule 14 to the Companies (Northern Ireland) Order 1990, in paragraph 9(6), the words “section 24 of” shall be omitted.

Charities Act 1993 (c. 10)U.K.

12U.K.In section 47(3) of the Charities Act 1993—

(a)paragraph (a) shall be omitted, and

(b)in paragraph (b), for the words from “such” to “46(3) above” there shall be substituted “ a charity other than one falling within paragraph (c) or (d) below ”.