Enterprise and Regulatory Reform Bill

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
215

9B
Heritage partnership agreements: supplemental
(1)
A heritage partnership agreement—
(a)
must be in writing;
(b)
must make provision for the parties to review its terms at
intervals specified in the agreement;
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(c)
must make provision for its termination and variation;
(d)
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
(e)
may contain incidental and consequential provisions.
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(2)
The Secretary of State may by regulations make provision—
(a)
about any consultation that must take place before heritage
partnership agreements are made or varied;
(b)
about the publicity that must be given to heritage partnership
agreements before or after they are made or varied;
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(c)
specifying terms that must be included in heritage
partnership agreements;
(d)
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
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agreement;
(e)
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;
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(f)
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
agreements.
(3)
Regulations made under subsection (2)(a) may, in particular, include
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provision as to—
(a)
the circumstances in which consultation must take place;
(b)
the types of listed building in respect of which consultation
must take place;
(c)
who must carry out the consultation;
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(d)
who must be consulted (including provision enabling the
Commission to direct who is to be consulted in particular
cases); and
(e)
how the consultation must be carried out.
(4)
Listed building consent granted by a heritage partnership agreement
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(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.
(5)
Subject to subsection (4), a heritage partnership agreement cannot
45
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
216

(6)
Section 84 of the Law of Property Act 1925 (power to discharge or
modify restrictive covenant) does not apply to a heritage partnership
agreement.”
10    (1)
Section 74 (control of demolition in conservation areas) is amended as
follows.
5
      (2)
In subsection (1) after the first “area” insert “in Wales”.
      (3)
After subsection (2) insert—
“(2A)
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
10
be prescribed by regulations.”
      (4)
In subsection (3) after “areas” insert “in Wales”.
      (5)
In subsection (4) for “Any such regulations” substitute “Regulations made
under subsection (3)”.
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In section 75 (cases in which section 74 does not apply) in subsection (11)—
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(a)
for “that section”, in both places those words appear, substitute
“section 74”, and
(b)
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)”.
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Application
12
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
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Section 54

Unnecessary regulation: miscellaneous
Part 1
Notification of TV sales etc
Wireless Telegraphy Act 1967 (c. 72)
1
The Wireless Telegraphy Act 1967 (the remaining provisions of which make
30
provision for, and in connection with, the recording and notification of the
sale or hire of televisions etc) is repealed.
2
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.

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Enterprise and Regulatory Reform Bill
Schedule 17 — Unnecessary regulation: miscellaneous
Part 3 — Bankruptcy early discharge procedure
217

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

1967.

Broadcasting Act 1990 (c. 42)
Section 180.

5

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.

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Wireless Telegraphy Act 2006
Section 111(6)(a).

(c. 36)
Section 118(6)(a).

In Schedule 7, paragraph 2.

Saving provision
3
The repeal of section 3 of the Post Office Act 1969 by paragraph 2 does not
15
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
repeal.
Part 2
Water undertakers: in-area ban
20
Water Industry Act 1991 (c. 56)
4
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).
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Part 3
Bankruptcy early discharge procedure
Insolvency Act 1986 (c. 45)
5
In section 279 of the Insolvency Act 1986 (duration of bankruptcy), omit
subsection (2) (bankrupt discharged early if official receiver files with the
30
court a notice stating that investigation of the conduct and affairs of the
bankrupt is unnecessary or concluded).