Agenda item

Legislation

To receive a report setting out measures introduced into Parliament which may have an effect on the services provided by the City Corporation.

Minutes:

The Court received a report on measure introduced by Parliament which might have an effect on the services provided by the City Corporation as follows:-

 

 

Bills

 

Business and Planning Act 2020

 

The Act introduces a new temporary fast-track process by which premises may obtain permission from their local authority for table and chair licences. The Act also automatically extends licences that only permit the sale of alcohol for consumption on the premises to allow the sale of alcohol for consumption off the premises. The Act applies to the Common Council in its capacity as a local authority. A briefing was supplied to London MPs during the House of Commons stages and the Act will be the subject of Committee reports.

 

 

Date in force

 

22nd July 2020

Statutory Instruments

 

The Education (Pupil Information) (England) (Coronavirus) (Amendment) Regulations 2020 No. 599

 

These Regulations amend Schedule 1 to the Education (Pupil Information) (England) Regulations 2005 (“Schedule 1”), which requires head teachers of maintained schools to provide an annual report to parents and adult pupils in respect of every registered pupil at the school, in light of changes to pupil attendance and the cancellation of assessments due to the coronavirus pandemic.

 

 

 

9th July 2020

The Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) Regulations 2020 No. 602

 

S.82 of the Coronavirus Act 2020 provides that a right of re-entry or forfeiture under a relevant business tenancy for non-payment of rent may not be enforced, by action or otherwise, during the relevant period. These Regulations provide that the relevant period is extended from 30th June to 30th September 2020.

 

29th June 2020

The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 No. 632

 

The Regulations introduce permitted development rights allowing for the construction of new dwelling-houses without the need for a full planning application, including work for the construction of up to 2 storeys to create new flats on the topmost residential storey of a building which is an existing purpose-built, detached block of flats. The Regulations also provide that an applicant and authority can agree to a longer period for determination of prior approval applications, and require the local planning authority to consider the provision of adequate natural light to all habitable rooms by the proposed change of use from commercial uses to a dwelling-house.

 

1st August 2020

The Traffic Management Act 2004 (Commencement No. 9) (England) Order 2020 No 659

 

The New Roads and Street Works Act provides that a street authority shall keep a register showing with respect to each street for which they are responsible such information as may be prescribed with respect to the street works. This Order amends the 1991 provisions to permit the Secretary of State to require a street authority to share information in their possession with a person appointed to keep a central register of street works.

 

29th June 2020

The Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations and General Directions 2020 No 663

 

The City of London is participating in a trial of electric scooters, which is aimed at assessing their suitability for use on roads. These regulations enable the trial to take place, by removing requirements for those e-scooters used in the trial to be licenced and registered with the Driver and Vehicle Licensing Agency, and removing the requirement for a driver of an electric scooter being used in a trial to wear a motorcycle helmet. The Regulations also amend the meaning of “cycle lane” and “pedestrian and cycle zones” to permit an e-scooter being used in a trial to share those road spaces.

 

4th July 2020

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 No. 684

 

These Regulations require the closure of businesses such as nightclubs, impose restrictions on gatherings both inside and outside of more than 30 people, and give the Secretary of State power to restrict public access to any public outdoor space. The restrictions last until they are terminated by a direction given by the Secretary of State, who must review the need for the restrictions every 28 days or, in the case of restricting public access to land, every 7 days.

 

4th July 2020

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) Regulations 2020 No. 719

 

These Regulations amend the previous Regulations to permit the following to open: outdoor swimming pools and water parks (from 11th July 2020); nail bars and salons, tanning booths and salons, spas and beauty salons, massage parlours, tattoo parlours, and body and skin piercing services (from 13th July 2020).

 

11th July 2020

The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 No. 750

 

These Regulations make provision for a local authority to give directions closing or restricting entry to premises, events and public outdoor places in its area if the local authority considers that this is in the interest of public health. The local authority must review a direction given under these Regulations at least once every 7 days. The Regulations also give the Secretary of State power to direct the local authority to give (or revoke) such directions.

 

18th July 2020

The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020 No. 755

 

This order introduces new classes of permitted development rights, which permit the construction of up to two new storeys for residential use above detached and terraced buildings which are commercial or mixed use, including where there is an element of residential use. Two storeys may be added if the existing building is two or more storeys tall, or one additional storey where the building consists of one storey.

 

31st August 2020

The Investigatory Powers Act 2016 (Commencement No. 12) Regulations 2020 No. 766

 

These regulations bring into force provisions of the Investigatory Powers Act 2016 which removes the powers of public authorities to obtain communications data outside of the 2016 Act without the consent of the telecommunications operator or the postal operator holding the communications data. The 2016 Act applies to the City of London police force.

 

22nd July 2020

The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) (Amendment) Regulations 2020 No. 808

 

These Regulations amend provision made by earlier Regulations for the conduct of local authority meetings held before 7th May 2021. The provisions of the earlier Regulations, for members of local authorities to attend meetings remotely and for local authorities to alter the frequency of meetings without requirement for further notice, apply to the Common Council of the City of London in its capacities as a local authority, port health authority and police authority.

 

1st August 2020

The Rating Lists (Valuation Date) (England) Order 2020 No. 832

 

This Order specifies 1st April 2021 as the day by reference to which the rateable values of non-domestic hereditaments are to be determined for the purposes of local and central non-domestic rating lists when they are next compiled for England. This Order also revokes a 2018 Order which had specified 1st April 2019 as the day for the purposes of the next local and central non-domestic rating lists to be compiled.

 

31st August 2020

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2020 No. 836

 

These Regulations introduce fees for prior approvals associated with permitted development rights which were recently created by other Regulations. These Regulations also introduce a ‘second application’ exemption from the newly introduced fee for applications for prior approval which are made by the same applicant, in respect of the same development on the same site or part of the same site and within 12 months of a determination of an earlier application or, in the case of an earlier application under new Part 20 which was withdrawn, the date when that application was received by the local planning authority.

 

2nd September 2020

(The text of the measures and the explanatory notes may be obtained from the Remembrancer’s Office.)

Supporting documents: