House of Commons Regulatory Reform Committee

Harrogate Stray Act 1985 (Tour de ) Order 2016 (Draft)

First Report of Session 2016–17

Report, together with formal minutes relating to the report

Ordered by the House of Commons to be printed 12 December 2016

HC 876 Published on 15 December 2016 by authority of the House of Commons Regulatory Reform Committee The Regulatory Reform Committee (previously the Deregulation and Regulatory Reform Committee) is appointed to consider and report to the House on draft Legislative Reform Orders under the Legislative and Regulatory Reform Act 2006. Its full remit is set out in S.O. No. 141, which was approved on 4 July 2007.

Current membership Andrew Bridgen MP (Conservative, North West Leicestershire) (Chair) Richard Fuller MP (Conservative, Bedford) Rebecca Harris MP (Conservative, Castle Point) Simon Hoare MP (Conservative, North Dorset) Dr Rupa Huq MP (Labour, Ealing Central and Acton) Imran Hussain MP (Labour, East) Rob Marris MP (Labour, Wolverhampton South West) Wendy Morton MP (Conservative, Aldridge-Brownhills) Roger Mullin MP (Scottish National Party, Kirkcaldy and Cowdenbeath) Andrew Percy MP (Conservative, Brigg and Goole) Christopher Pincher MP (Conservative, Tamworth) Jeremy Quinn MP (Conservative, Horsham) Mr Andrew Smith MP (Labour, Oxford East)

Criteria against which the Committee considers each draft legislative reform order Paragraph (3) of Standing Order No.141 requires us to consider any draft legislative reform order against the following criteria: … whether the draft legislative reform order — (a) appears to make an inappropriate use of delegated legislation; (b) serves the purpose of removing or reducing a burden, or the overall burdens, resulting directly or indirectly for any person from any legislation (in respect of a draft Order under section 1 of the Act); (c) serves the purpose of securing that regulatory functions are exercised so as to comply with the regulatory principles, as set out in section 2(3) of the Act (in respect of a draft Order under section 2 of the Act); (d) secures a policy objective which could not be satisfactorily secured by non-legislative means; (e) has an effect which is proportionate to the policy objective; (f) strikes a fair balance between the public interest and the interests of any person adversely affected by it; (g) does not remove any necessary protection; (h) does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise; (i) is not of constitutional significance; (j) makes the law more accessible or more easily understood (in the case of provisions restating enactments); (k) has been the subject of, and takes appropriate account of, adequate consultation; (l) gives rise to an issue under such criteria for consideration of statutory instruments laid down in paragraph (1) of Standing Order No. 151 (Statutory Instruments (Joint Committee)) as are relevant; (m) appears to be incompatible with any obligation resulting from membership of the European Union.

Publication Committee reports are published on the Committee’s website at www.parliament.uk/regrefcom and in print by Order of the House.

Committee staff The current staff of the Committee are Chris Shaw (Committee Clerk) and Jonathan Olivier-Wright (Senior Committee Assistant).

Contacts All correspondence should be addressed to the Clerk of the Regulatory Reform Committee, House of Commons, London SW1A 0AA. The telephone number for general enquiries is 020 7219 5777; the Committee’s email address is [email protected].

Harrogate Stray Act 1985 (Tour de Yorkshire) Order 2016 (Draft) 1

Contents

1 Introduction 3

2 Description of the draft Order 4

3 Assessment of the draft Order 6

4 Conclusion 9

Formal Minutes 10

List of Reports from the Committee during the current Parliament 11

Harrogate Stray Act 1985 (Tour de Yorkshire) Order 2016 (Draft) 3

1 Introduction 1. The Harrogate Stray Act 1985 (Tour de Yorkshire) Order 2016 and Explanatory Document were laid before Parliament on 8 November 2016 by the Department for Communities and Local Government, in accordance with section 7(2) of the Localism Act 2011 (the Act). In 2014, the first Localism Order laid was the Draft Harrogate Stray Act 1985 (Tour de ) Order 2014, which related to the Yorkshire Tour de France Grand Départ 2014. The Stray is 80 hectares of open parkland, owned by the Duchy of Lancaster, set aside for recreation. At that time, owing to the size of the area of the Stray to be used to accommodate a stage of the race and the number of days required for the event, the Council applied for a temporary disapplication of parts of the 1985 Act. Our predecessor Committee considered the Order and concluded that a satisfactory case had been made for an Order and recommended that it proceed using the negative resolution procedure.

2. The Secretary of State has recommended that this new Order be subject to the negative resolution procedure. We have examined the draft Order in accordance with Standing Order No. 142(2) to (4) and agree with the Secretary of State’s recommendation.

3. We contacted the local Member, Andrew Jones, to find out whether he had any concerns over this Order being made. He has confirmed that he supports it and welcomes the value that the Tour de Yorkshire brings to the region. 4 Harrogate Stray Act 1985 (Tour de Yorkshire) Order 2016 (Draft)

2 Description of the draft Order 4. The purpose of the draft Order is to remove temporarily some restrictions on the use of specified parts of an area of land within Harrogate known as the Stray, for the sole purpose of preparing for and hosting part of the Tour de Yorkshire. The Tour de Yorkshire is a multiple stage cycle race developed as a regular legacy race, following the successful hosting of the Tour de France in Yorkshire in July 2014. Harrogate Borough Council (the “Council”) manages the Stray on behalf of the landowner, the Duchy of Lancaster. The 1985 Act is a private Act which regulates the use and management of the Stray. Several provisions in the Act would prevent or restrict the hosting of the Tour de Yorkshire.1 The Council has asked the Secretary of State for Communities and Local Government to use his powers under section 5 of the 2011 Act to make an Order temporarily to disapply or amend the relevant parts of the 1985 Act.

5. The Council anticipates that they will need to section off approximately 14.6 hectares of the 80 hectares Stray for a maximum of 11 days so that it can be occupied by temporary infrastructure to support the Tour. The 1985 Act places various obligations and restrictions on the Council which would prevent it from doing this. These are:

a) Section 4(2), requires the Council to maintain and preserve the aspect of the Stray;

b) Section 4(3), requires the Council to protect trees, shrubs, plants, turf and herbages growing on the Stray;

c) Section 4(4), imposes a requirement that where the Council encloses part of the Stray, it must, in exchange, provide a substitute public area at least the same size within 100 metres of the Stray;

d) Section 5, gives Harrogate residents free access to, and privilege of enjoying recreation on, the Stray;

e) Section 6(1)(d), imposes limits on the number of aircraft landings;

f) Section 6(4) restricts the amount of land which can be enclosed, and the duration for which it can be enclosed;

g) Byelaw 3, made under section 7 of the Act, prohibits the removal of soil or plants; and

h) Byelaw 17, also made under section 7 of the Act, prohibits the use of radios and public address systems causing annoyance.

6. The draft Order disapplies sections 4(2), 4(3), 4(4), 5 and 6(4) of the 1985 Act, and byelaws 3 and 17 made under section 7 of the 1985 Act, from 23 April to 3 May 2017, for the sole purpose of hosting a stage of the Tour de Yorkshire. The draft Order also temporarily amends section 6(1)(d) of the 1985 Act so that the limits on the number of aircraft landings allowed from 23 April to 3 May 2017 may be exceeded for the sole purpose of hosting the Tour de Yorkshire.

1 Section 6(3) of the 1985 Act permits the Council to enclose part of the Stray for events, but section 6(4) limits the amount of land enclosed to 3.5 hectare and the duration to a total of five weeks in any one year. Harrogate Stray Act 1985 (Tour de Yorkshire) Order 2016 (Draft) 5

7. The draft Order would apply to England only.

8. The Department states that the proposed provisions are compatible with the European Convention on Human Rights and with legal obligations arising from membership of the European Union.2

2 Explanatory Note, para 5.7 6 Harrogate Stray Act 1985 (Tour de Yorkshire) Order 2016 (Draft)

3 Assessment of the draft Order 9. Our role is to assess whether the proposals meet the statutory conditions required of an Order under the 2011 Act, and to examine the proposals against a number of tests. Standing Order No.142 sets out the criteria under which the Committee makes that assessment. In this section we assess the draft Order against those criteria.

A: APPEARS TO MAKE AN INAPPROPRIATE USE OF DELEGATED LEGISLATION

10. The draft Order does not appear to make an inappropriate use of delegated legislation and therefore does not raise any issues in respect of this test.

B: HAS AN EFFECT WHICH IS PROPORTIONATE TO THE POLICY OBJECTIVE INTENDED TO BE SECURED

11. The Department states that the effect of the provision is proportionate because hosting the Tour is likely to bring significant advantages to the Harrogate area in terms of growth and other opportunities. It notes that the Tour de Yorkshire 2016 (the route of which did not affect the Stray) reportedly resulted in £60 million expenditure in the region on accommodation, food and drink, transport and other items.3 The Department also notes that the proposed provisions are time limited.

12. We note six respondents to the consultation were concerned about the precedent that could be set by again using the 2011 Act to disapply or amend parts of the Harrogate Stray Act 1985, given that parts of it were previously disapplied or amended for the Tour de France 2014. At that time the Government stated in the consultation document that future requests to make an Order under the 2011 Act would not necessarily be granted, given there was a longer term option to amend the 1985 Act. However, the parliamentary process required to amend a private Act would be likely to take approximately two years following extensive consultation. As such, while a review and potential primary legislation provide a more desirable long-term solution, in the short-term an Order under the Localism Act seems appropriate for dealing with this issue.

13. We note that Harrogate Borough Council is currently consulting residents on the principle of amending the Stray Act with the possibility of modernising it to allow an increase in the variety and frequency of events permitted. A review will also be an opportunity for the Council to consider related issues, not directly related to the 1985 Act, such as the effect that road closures at the time of events have on local residents and businesses.

14. As things stand, we agree that in the short-term, an Order under the 2011 Act seems appropriate for holding next year’s Tour de Yorkshire and we are satisfied that this condition is met.

3 ED para 4.6 Harrogate Stray Act 1985 (Tour de Yorkshire) Order 2016 (Draft) 7

C: STRIKES A FAIR BALANCE BETWEEN THE PUBLIC INTEREST AND THE INTERESTS OF ANY PERSON ADVERSELY AFFECTED BY IT

15. In the Explanatory Document the Department states that the provision strikes a fair balance between the public interest and the interest of any persons adversely affected by it because the amendments to the 1985 Act have been limited, so as “to ensure the impact of any interest affected is for the shortest time necessary, for the smallest area possible and the only purpose is for hosting the Tour de Yorkshire 2017”.4 We agree.

16. We are satisfied that this condition has been met.

D: DOES NOT REMOVE ANY NECESSARY PROTECTION

17. The Department notes that the proposed amendment will only have effect for 10 days in relation to identified areas of the Stray and states that the Council has provided “appropriate assurances” about the reinstatement of the Stray following the Tour de Yorkshire.5 None of the respondents to the consultation indicated any problems in the reinstatement of the Stray following the event.

18. We are satisfied that this condition has been met.

E: DOES NOT PREVENT ANY PERSON FROM CONTINUING TO EXERCISE ANY RIGHT OR FREEDOM WHICH THAT PERSON MIGHT REASONABLY EXPECT TO CONTINUE TO EXERCISE

19. The Council states that the 1985 Act already provides for it to use its management powers to maintain the Stray and restrict access, and that the proposed restrictions for the Tour are no different in principle to those powers. The Council notes that the rights and freedoms in regard to the Stray can continue to be exercised throughout the period of the visit, with the only restriction being the geographical limitation as to which parts of the Stray may be used to exercise these. Only two of the consultation responses raised concerns about the proposed limitation to local rights of access to important parts of the Stray.

20. We agree that this requirement is satisfied.

F: IS NOT OF CONSTITUTIONAL SIGNIFICANCE

21. The Department confirms that the proposals are of local significance for a very short period and are not of constitutional significance. We agree that this requirement is satisfied.

G: HAS BEEN THE SUBJECT OF, AND TAKES APPROPRIATE ACCOUNT OF, ADEQUATE CONSULTATION

22. Before making an Order, the Secretary of State must consult such local authorities, representatives of local Government, and other persons as he considers appropriate.6 The Explanatory Document provides background to the consultation, a summary of 4 ED, para 4.8. 5 Ibid. 6 Section 5(7), Localism Act 2011 8 Harrogate Stray Act 1985 (Tour de Yorkshire) Order 2016 (Draft)

the consultation responses, and the Government response to the consultation.7 The Department received 21 responses in all. The statutory consultees were the Council, the Duchy of Lancaster, and the Stray Defence Association (a non-political organisation which represents the views of those who seek to protect the Harrogate Stray).

23. Over an eight-week period the consultation documents were made available on the Council’s website, featured in the local newspaper, and over 800 letters about the consultation were sent to local residents and businesses. The Council also displayed public notices at 30 suitable locations close to the affected areas. Paragraph 4.4 of the Explanatory Document states that the Secretary of State considered the consultation responses carefully.

24. We are satisfied that the consultation requirement has been met.

H: GIVES RISE TO AN ISSUE UNDER SUCH CRITERIA FOR CONSIDERATION OF STATUTORY INSTRUMENTS LAID DOWN IN PARAGRAPH (1) OF STANDING ORDER NO.151 (STATUTORY INSTRUMENTS (JOINT COMMITTEE)) AS ARE RELEVANT

25. The Explanatory Document provides information relevant to this test at paragraphs 2.4 to 2.8 inclusive and 3.1 and 3.2 in relation to matters other than drafting, which itself does not raise any issues. We have considered the criteria and on balance we are satisfied that the draft Order does not raise any issues in respect of this test.

7 ED, paras 3.1 to 3.10 Harrogate Stray Act 1985 (Tour de Yorkshire) Order 2016 (Draft) 9

4 Conclusion 26. We conclude that a good case has been made in support of the proposals and recommend that the draft Order be made using the negative resolution procedure. 10 Harrogate Stray Act 1985 (Tour de Yorkshire) Order 2016 (Draft)

Formal Minutes

Tuesday 12 December 2016

Members present:

Andrew Bridgen, in the Chair

Richard Fuller Roger Mullin Rebecca Harris Jeremy Quin Dr Rupa Huq Mr Andrew Smith Rob Marris Draft Report Harrogate( Stray Act 1985 (Tour de Yorkshire) Order 2016 (Draft)), proposed by the Chair, brought up and read.

Ordered, That the draft Report be read a second time, paragraph by paragraph.

Paragraphs 1 to 26 read and agreed to.

Resolved, That the Report be the First Report of the Committee to the House.

Ordered, That the Chair make the Report to the House.

[Adjourned till a date and time to be fixed by the Chair Harrogate Stray Act 1985 (Tour de Yorkshire) Order 2016 (Draft) 11

List of Reports from the Committee during the current Parliament All publications from the Committee are available on the publications page of the Committee’s website.

Session 2015–16

First Report Draft Legislative Reform (Further Renewal of Radio HC 632 Licences) Order 2015 Second Report Draft Legislative Reform (Exempt Lotteries) Order 2016 HC 718