Deregulation and Contracting Out Act 1994 (c. 40)

(The document as of February, 2008)

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(1) The Secretary of State may only--

(a) accept a new undertaking in place of an undertaking to which this section applies,

(b) release a person from such an undertaking, or

after considering the advice of the Director on the subject.

(2) The Secretary of State shall send to the Director--

(a) a copy of every undertaking accepted under this section,

(b) particulars of every variation of an undertaking agreed under this section, and

(3) In this section, references to an undertaking to which this section applies are to an undertaking accepted--

(a) pursuant to a proposal under section 56A of this Act, or

(b) under this section.

56G Publication of undertakings etc

(1) The Secretary of State shall arrange for the publication in such manner as he considers appropriate of--

(a) every undertaking accepted--

(i) pursuant to a proposal under section 56A of this Act, or

(ii) under section 56F of this Act, and

(b) every variation or release under that section.

(2) Where the Secretary of State accepts undertakings pursuant to a proposal under section 56A of this Act, he shall arrange for the statements included in the proposal under subsection (2)(b) and (c) of that section to be published in such manner as he considers appropriate.

(3) If it appears to the Secretary of State that the publication of any matter contained in a statement which falls to be published under subsection (2) of this section would be against the public interest, he shall exclude that matter from the statement as published under that subsection.

(4) Without prejudice to subsection (3) of this section, if the Secretary of State considers that it would not be in the public interest to disclose--

(a) any matter contained in a statement which falls to be published under subsection (2) of this section relating to the private affairs of an individual whose interests would, in the opinion of the Secretary of State, be seriously and prejudicially affected by the publication of that matter, or

(b) any matter contained in such a statement relating specifically to the affairs of a particular person whose interests would, in the opinion of the Secretary of State, be seriously and prejudicially affected by the publication of that matter,

the Secretary of State shall exclude that matter from the statement as published under subsection (2) of this section. "

(2) Schedule 2 to this Act (sectoral regulators) shall have effect.

8 Newspaper mergers: meaning of "newspaper proprietor" etc.

(1) Section 57 of the [1973 c. 41.] Fair Trading Act 1973 shall be amended as follows.

(2) In subsection (1) (which defines "newspaper proprietor" and explains references to the newspapers of a newspaper proprietor) for the words from the beginning of paragraph (b) to the end of the subsection there shall be substituted--

" (b) "newspaper proprietor" includes (in addition to an actual proprietor of a newspaper) any member of a group of persons of which another member is an actual proprietor of a newspaper.

(1A) In this Part of this Act, any reference to the newspapers of a newspaper proprietor ("NP") is to--

(a) all newspapers of which NP is an actual proprietor, and

(b) all newspapers of which a member of a group of persons of which NP is a member is an actual proprietor. "

(3) In subsection (2) (definition of "transfer of a newspaper or of newspaper assets") in paragraph (a), for ", a newspaper proprietor in relation to a newspaper;" there shall be substituted " --

(i) an actual proprietor of a newspaper, or

(ii) a person with a primary or secondary controlling interest in an actual proprietor of a newspaper; " .

(4) In subsection (4) (definition of "controlling interest") before "controlling" there shall be inserted "primary".

(5) After that subsection there shall be inserted--

" (5) For the purposes of this section a person ("A") has a secondary controlling interest in a body corporate ("B") if, without having a primary controlling interest in B--

(a) A has a primary controlling interest in a body corporate which has a primary controlling interest in B, or

(b) A is connected to B by a chain of any number of other bodies corporate, in the first of which A has a primary controlling interest, in the second of which the first has a primary controlling interest, and so on, the last such body corporate having a primary controlling interest in B.

(6) For the purposes of this section a group of persons consists of any number of persons of whom the first is--

(a) a person other than a body corporate, or

(b) a body corporate in which no other person has a primary controlling interest,

and the others are the bodies corporate in which the first has a primary or secondary controlling interest.

(7) In determining for the purposes of subsection (6)(b) of this section whether a body corporate ("X") is one in which another person has a primary controlling interest, there shall be disregarded any body corporate in which X has a primary or secondary controlling interest. "

(6) Subsections (1) to (5) above shall be deemed always to have had effect.

(7) Section 8 of the [1965 c. 50.] Monopolies and Mergers Act 1965 shall be deemed never to have applied to a transaction to which it would not have applied had there been in force at the time of the transaction amendments of that Act corresponding to the amendments of the [1973 c. 41.] Fair Trading Act 1973 made by this section.

9 Undertakings as alternative to merger reference: non-divestment matters

(1) In section 75G of the Fair Trading Act 1973 (acceptance of undertakings) subsections (2) and (3) (under which undertakings are limited to divestment matters) shall cease to have effect.

(2) In section 75K of that Act (order of Secretary of State where undertaking not fulfilled) in subsection (2) (powers which he may exercise by order) for "powers specified in paragraphs 9A and 12 to 12C and Part II of Schedule 8 to this Act" there shall be substituted "relevant powers".

(3) In that section, there shall be inserted at the end--

" (6) In subsection (2) of this section, "the relevant powers" means--

(a) in relation to an undertaking to which subsection (7) of this section applies ("a divestment undertaking"), the powers specified in paragraphs 9A and 12 to 12C and Part II of Schedule 8 to this Act, and

(b) in relation to an undertaking which is not a divestment undertaking, the powers specified in that Schedule.

(7) This subsection applies to an undertaking which provides for--

(a) the division of a business by the sale of any part of the undertaking or assets or otherwise (for which purpose all the activities carried on by way of business by any one person or by any two or more interconnected bodies corporate may be treated as a single business),

(b) the division of a group of interconnected bodies corporate, or

(c) the separation, by the sale of any part of the undertaking or assets concerned or other means, of enterprises which are under common control otherwise than by reason of their being enterprises of interconnected bodies corporate.

(8) Schedule 8 to this Act shall, to such extent as is necessary for the purpose of giving effect to subsection (2) of this section, have effect as if, in paragraph 1 of that Schedule, after "section 73" there were inserted "or section 75K". "

10 Restrictive trade practices: non-notifiable agreements.

(1) In the [1976 c. 34.] Restrictive Trade Practices Act 1976, after section 27 there shall be inserted--

" Non-notifiable agreements

27A Non-notifiable agreements

(1) For the purposes of this Act, a non-notifiable agreement is one which--

(a) is subject to registration under this Act,

(b) is, and has always been, of a description specified for the purposes of this section by order made by the Secretary of State,

(d) is not an agreement in respect of which the Director has entered or filed particulars under section 1(2)(b) above.

(2) Without prejudice to the generality of paragraph (b) of subsection (1) above, an order under that paragraph may frame a description by reference--

(a) to the size of the businesses of the parties to an agreement, whether expressed by reference to turnover, as defined in the order, or to market share, as so defined, or in any other manner, or

(b) to exemption under, or any steps taken or decision given under or for the purpose of, any directly applicable Community provision (including any such provision as it has effect from time to time).

(3) In subsection (1)(c) above, the reference to a price-fixing agreement is to an agreement to which this Act applies by virtue of--

(a) a restriction in respect of any of the matters set out in section 6(1)(a) or (b) or 11(2)(a) above, or

(b) an information provision in respect of any of the matters set out in section 7(1)(a) or (b) or 12(2)(a) above.

(4) An order under subsection (1)(b) above shall be made by statutory instrument and may contain such transitional provisions as the Secretary of State considers appropriate. "

(2) In section 42(1) of that Act (statutory instruments subject to negative resolution procedure) in paragraph (a) (orders) after "18(5)" there shall be inserted ", 27A(1)(b)".

(3) In section 43(1) of that Act (interpretation) there shall be inserted at the appropriate place--

" "non-notifiable agreement" has the meaning given by section 27A(1) above; " .

(4) Schedule 3 to this Act (which modifies the 1976 Act in relation to non-notifiable agreements) shall have effect.

11 Restrictive trade practices: registration of commercially sensitive information.

In section 23(3) of the [1976 c. 34.] Restrictive Trade Practices Act 1976 (certain categories of information to be entered or filed in a special section of the register of agreements) for paragraph (b) there shall be substituted--

" (b) particulars containing information whose publication would, in the Secretary of State's opinion, substantially damage the legitimate business interests of any person, not being information whose publication is, in the Secretary of State's opinion, in the public interest. "

12 Anti-competitive practices: competition references.

(1) In section 5 of the [1980 c. 21.] Competition Act 1980 (grounds for competition reference) for subsection (1)(a) there shall be substituted--

" (a) there are reasonable grounds for believing that any person is pursuing, or has pursued, a course of conduct which constitutes an anti-competitive practice, " .

(2) In consequence of subsection (1) above, that Act shall be amended as mentioned in subsections (3) to (6) below.

(3) In section 3 of that Act (preliminary investigation by Director General of Fair Trading of possible anti-competitive practice) subsections (2) to (6), (9) and (10) (which provide for the formal constitution, carrying out and discontinuation of an investigation and the publication by the Director of a report following completion of an investigation) shall cease to have effect.

(4) In section 4 of that Act (undertakings) for subsections (1) to (3) there shall be substituted--

" (1) Where it appears to the Director--

(a) that there are reasonable grounds for believing that any person is pursuing, or has pursued, a course of conduct which constitutes an anti-competitive practice,

(b) that the practice may operate, now or in future, or have operated, against the public interest, and

(c) that an undertaking offered to be given to the Director by that person, or by a person associated with that person, would remedy or prevent effects adverse to the public interest which the practice may now or in future have,

he may, at any time before making a reference under section 5(1)(a) below in relation to the course of conduct in question, accept the undertaking by giving notice to the person by whom it is offered.

(2) The Director may not accept an undertaking under subsection (1) above unless he has--

(a) arranged for the publication of an appropriate notice, and

(b) considered any representations made to him in accordance with the notice.

(3) Publication under subsection (2)(a) above shall be in such manner as the Director considers most suitable for bringing the notice to the attention of persons who, in his opinion, would, if the course of conduct in question were the subject of a reference under section 5(1)(a) below, be affected by the reference or be likely to have an interest in it.

(3A) In subsection (2)(a) above, the reference to an appropriate notice is to a notice which--

(a) states that the Director is proposing to exercise his power under subsection (1) above,

(b) identifies the course of conduct whose pursuit prompts the exercise of that power,

(d) identifies the goods or services in relation to which the Director believes that person is pursuing, or has pursued, that course of conduct,

(e) specifies the effects which the Director has identified as effects adverse to the public interest which that course of conduct may now or in future have,

(f) sets out the terms of the undertaking which the Director is proposing to accept,

(g) identifies the person by whom the undertaking is to be given, and

(h) specifies a deadline for the making to the Director of representations about what he proposes to do.

(3B) Once the Director has considered any representations made to him in accordance with a notice under paragraph (a) of subsection (2) above, that subsection shall not apply to the acceptance of a modified version of the undertaking set out in the notice. "

(5) In that section, at the end there shall be inserted--

" (10) Subsection (6) of section 2 above shall apply for the purposes of this section as it applies for the purposes of that. "

(6) In section 6 of that Act (scope of competition references) for subsections (3) and (4) there shall be substituted--

" (3) Where the Director has accepted an undertaking under section 4 above with respect to the pursuit by any person of a course of conduct in relation to any goods or services, the Director may not, while the undertaking is in force, make a competition reference by virtue of section 5(1)(a) above with respect to the pursuit by that person of that course of conduct in relation to those goods or services. "

(7) Schedule 4 to this Act (which makes provision about sectoral regulators and with respect to transition) shall have effect.

13 Striking off of non-trading private companies.

(1) Schedule 5 to this Act (which amends the [1985 c. 6] Companies Act 1985 for the purpose of facilitating the striking off of non-trading private companies registered in Great Britain) shall have effect.

(2) Schedule 6 to this Act (which amends the [.S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986 for the purpose of facilitating the striking off of non-trading companies registered in Northern Ireland) shall have effect.

14 Repeal of section 43 of the [1985 c. 72.] Weights and Measures Act 1985.

Section 43 of the Weights and Measures Act 1985 (which provides for the gas comprised in any foam on beer or cider to be disregarded for certain purposes) shall cease to have effect.

15 Building societies: issue of deferred shares at a premium.

In section 7 of the [1986 c. 53.] Building Societies Act 1986 (power to raise funds) after subsection (2) there shall be inserted--

" (2A) In the case of deferred shares, the power to raise funds by the issue of shares includes the issue of shares at a premium.

(2B) If a building society issues deferred shares at a premium, whether for cash or otherwise, a sum equal to the aggregate amount or value of the premiums on those shares shall be transferred to the society's reserves. "

16 Building societies: class 1 and 2 advances--third party mortgages

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

(2) In section 10 (advances secured on land), after subsection (4) there shall be inserted--

" (4A) The power to make an advance secured on land includes power to make an advance which is secured as mentioned in subsection (1) above by virtue of security granted otherwise than by the borrower (in this Act referred to as "an advance secured on third party land"). "

(3) In section 11, in subsection (2) (definition of class 1 advances)--

(a) in paragraph (b), at the beginning there shall be inserted "where the advance is not an advance secured on third party land,",

(b) after that paragraph, there shall be inserted--

" (ba) where the advance is an advance secured on third party land--

(i) the borrower intends that the advance will be used for the purpose of acquiring land for the residential use of himself or a dependant of his of a prescribed description; and

(ii) the land on which the advance is secured is for the residential use of the mortgagor or a dependant of his of a prescribed description; " , and

(c) in paragraph (c), for the words from "mortgage debt" to "land)" there shall be substituted "outstanding amount secured by a mortgage of the land in favour of the society)".

(4) In subsection (3) of that section (when requirement as to use of land for residential purposes to be treated as satisfied) the words from "the requirement" to the end shall become paragraph (a) and at the end there shall be inserted--

" (b) the requirement in subsection (2)(ba)(i) above shall be treated as satisfied if the borrower intends that no less than 40 per cent. of the area of the land will be for the residential use of himself or a dependant of his of a prescribed description; and

(c) the requirement in subsection (2)(ba)(ii) above shall be treated as satisfied if no less than 40 per cent. of the area of the land is used for residential purposes by the mortgagor or a dependant of his of a prescribed description. "

(5) In subsection (4) of that section (definition of class 2 advances) in paragraph (c), for the words from "mortgage debt" to "land)" there shall be substituted "outstanding amount secured by a mortgage of the land)".

(6) In section 12 (class 1 and class 2 advances: supplementary provisions) after subsection (5) there shall be inserted--

" (5A) Subsection (5) above shall also apply as respects advances secured on third party land which is to any extent used for the residential use of mortgagors or persons who are dependants of theirs for the purposes of section 11(2). "

(7) In section 12(10) (reclassification of class 1 and class 2 advances following a material change of circumstances)--

(a) in paragraph (c), there shall be inserted at the beginning "in the case of an advance which is not an advance secured on third party land", and

(b) for "or" at the end of that paragraph there shall be substituted--

" (ca) in the case of an advance which is an advance secured on third party land--

(i) is satisfied on notice given to it by the borrower that there has been a change in the use of the land acquired with the advance, or

(ii) is satisfied on notice given to it by the mortgagor that there has been a change in the use of the land on which the advance is secured, or " .

(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, " .

17 Building societies: direct participation in syndicated lending.

(1) In the [1986 c. 53.] Building Societies Act 1986, after section 14 there shall be inserted--

" 14A Power to participate in secured syndicated lending

(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.

18 Licensed premises at international ports: permitted hours.

(1) In the [1964 c. 26.] Licensing Act 1964, after section 86 there shall be inserted--

" 86A International ports

(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--

" 63A Exemption of international ports from restrictions on permitted hours

(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. "

19 Bars in licensed premises in England and Wales: children's certificates.

(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

(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--

" 168A Children's certificates

(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).

20 Betting on Sundays.

(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--

" Betting workers: Sunday working

31A Rights of betting workers as respects Sunday working

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.

21 Sporting events and activities on Sundays.

The entertainments and amusements to which the [1780 c. 49.] Sunday Observance Act 1780 applies shall not include any sporting event or activity.

22 Sunday opening of certain licensed premises in Scotland.

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. "

23 Repeal of Part I of the Shops Act 1950.

Part I of the [1950 c. 28.] Shops Act 1950 (hours of closing) shall cease to have effect.

24 Repeal of remainder of the Shops Act 1950.

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.

25 Controls on fund-raising for charitable institutions: exclusion of connected companies.

(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".

26 Offences under section 63 of the Charities Act 1992: creation of statutory defence

(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".

27 Applications for permits to conduct public charitable collections: time-limits

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