Session 2012 - 13
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Other Bills before Parliament

Enterprise and Regulatory Reform Bill

Enterprise and Regulatory Reform Bill
Schedule 16 — Heritage planning regulation




Heritage partnership agreements: supplemental


A heritage partnership agreement—


must be in writing;


must make provision for the parties to review its terms at

intervals specified in the agreement;



must make provision for its termination and variation;


may relate to more than one listed building provided that an

owner of each building, or of part of each building, to which

the agreement relates is party to the agreement; and


may contain incidental and consequential provisions.



The Secretary of State may by regulations make provision—


about any consultation that must take place before heritage

partnership agreements are made or varied;


about the publicity that must be given to heritage partnership

agreements before or after they are made or varied;



specifying terms that must be included in heritage

partnership agreements;


enabling the Secretary of State or any other person specified

in the regulations to terminate by order a heritage

partnership agreement or any provision of such an




about the provision that may be included in an order made

under regulations under paragraph (d), including provision

enabling such orders to contain supplementary, incidental,

transitory, transitional or saving provision;



applying or reproducing, with or without modifications, any

provision of sections 10 to 28 (applications for listed building

consent etc) for the purposes of heritage partnership



Regulations made under subsection (2)(a) may, in particular, include


provision as to—


the circumstances in which consultation must take place;


the types of listed building in respect of which consultation

must take place;


who must carry out the consultation;



who must be consulted (including provision enabling the

Commission to direct who is to be consulted in particular

cases); and


how the consultation must be carried out.


Listed building consent granted by a heritage partnership agreement


(except so far as the agreement or regulations under subsection (2)

otherwise provide) enures for the benefit of the building and of all

persons for the time being interested in it, on the terms and subject to

the conditions upon which the consent is granted.


Subject to subsection (4), a heritage partnership agreement cannot


impose any obligation or liability, or confer any right, on a person

who is not party to the agreement.


Enterprise and Regulatory Reform Bill
Schedule 17 — Unnecessary regulation: miscellaneous
Part 1 — Notification of TV sales etc




Section 84 of the Law of Property Act 1925 (power to discharge or

modify restrictive covenant) does not apply to a heritage partnership


10    (1)  

Section 74 (control of demolition in conservation areas) is amended as




In subsection (1) after the first “area” insert “in Wales”.


After subsection (2) insert—


Sections 56, 66(1) and 90(2) to (4) have effect in relation to buildings

in conservation areas in England as they have effect in relation to

listed buildings, subject to such exceptions and modifications as may


be prescribed by regulations.”


In subsection (3) after “areas” insert “in Wales”.


In subsection (4) for “Any such regulations” substitute “Regulations made

under subsection (3)”.


In section 75 (cases in which section 74 does not apply) in subsection (11)—



for “that section”, in both places those words appear, substitute

“section 74”, and


after “43” insert “or section 196D of the principal Act (offence of

failing to obtain, or comply with, planning permission for demolition

of unlisted etc building in conservation area in England)”.




Paragraph 7 applies in relation to entries for buildings that are listed, or

entries that are amended, on or after the date on which that paragraph

comes into force.

Schedule 17


Section 54


Unnecessary regulation: miscellaneous

Part 1

Notification of TV sales etc

Wireless Telegraphy Act 1967 (c. 72)


The Wireless Telegraphy Act 1967 (the remaining provisions of which make


provision for, and in connection with, the recording and notification of the

sale or hire of televisions etc) is repealed.


In consequence, the repeals in the following table have effect.


Short title and chapter

Extent of repeal


Post Office Act 1969 (c. 48)

Section 3.




Enterprise and Regulatory Reform Bill
Schedule 17 — Unnecessary regulation: miscellaneous
Part 3 — Bankruptcy early discharge procedure



Short title and chapter

Extent of repeal


Customs and Excise

In paragraph 12 of Schedule 4, the entries in the


Management Act 1979 (c. 2)

table relating to the Wireless Telegraphy Act




Broadcasting Act 1990 (c. 42)

Section 180.




Part 2 of Schedule 18.


Communications Act 2003

Section 367.


(c. 21)

Section 393(5)(c).


Section 404(4)(d).


In Schedule 17, paragraph 39.




Wireless Telegraphy Act 2006

Section 111(6)(a).


(c. 36)

Section 118(6)(a).


In Schedule 7, paragraph 2.


Saving provision


The repeal of section 3 of the Post Office Act 1969 by paragraph 2 does not


affect the construction of any provision mentioned in subsection (1)(i) or (ii)

of that section that continues to have effect after the commencement of the


Part 2

Water undertakers: in-area ban


Water Industry Act 1991 (c. 56)


In section 2 of the Water Industry Act 1991 (general duties with respect to

water industry), omit subsection (3)(d)(iii) (duty of Secretary of State and the

Water Services Regulation Authority where a licensed water supplier is

connected to a relevant undertaker).


Part 3

Bankruptcy early discharge procedure

Insolvency Act 1986 (c. 45)


In section 279 of the Insolvency Act 1986 (duration of bankruptcy), omit

subsection (2) (bankrupt discharged early if official receiver files with the


court a notice stating that investigation of the conduct and affairs of the

bankrupt is unnecessary or concluded).


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