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| | (a) | notice of the withdrawal was published in the prescribed manner |
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| | and within the prescribed period before the withdrawal, and |
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| | (b) | the works authorised by the order were not started before the |
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| | |
| | (4) | Where section 28 has effect by virtue of subsection (1), references in |
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| | section 28(2) and (3) to the revocation or modification of listed building |
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| | consent are references to the withdrawal of the listed building consent by |
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| | revocation or amendment of the order or by issue of the direction.” |
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| | (5) | Schedule [Local listed building consent orders: procedure] (which inserts |
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| | Schedule 2A to the Planning (Listed Buildings and Conservation Areas) Act |
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| | Listed buildings in England: certificates of lawfulness |
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| To move the following Clause:— |
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| | ‘(1) | In the Planning (Listed Buildings and Conservation Areas) Act 1990 after section |
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| | “Buildings in England: certificates of lawfulness |
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| | 26H | Certificate of lawfulness of proposed works |
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| | (1) | A person who wishes to ascertain whether proposed works for the |
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| | alteration or extension of a listed building in England would be lawful |
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| | may make an application to the local planning authority specifying the |
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| | building and describing the works. |
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| | (2) | For the purposes of this section works would be lawful if they would not |
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| | affect the character of the listed building as a building of special |
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| | architectural or historic interest. |
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| | (3) | If on an application under this section the local planning authority are |
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| | provided with information satisfying them that the works described in the |
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| | application would be lawful at the time of the application, they must issue |
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| | a certificate to that effect; and in any other case they must refuse the |
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| | |
| | (4) | A certificate under this section must— |
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| | (a) | specify the building to which it relates; |
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| | (b) | describe the works concerned; |
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| | (c) | give the reasons for determining that the works would be lawful; |
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| | (d) | specify the date of the application for the certificate. |
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| | (5) | The lawfulness of any works for which a certificate is in force under this |
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| | section is to be conclusively presumed unless there is a material change, |
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| | before the works are begun, in any of the matters relevant to determining |
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| | |
| | 26I | Certificates under section 26H: supplementary |
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| | (1) | An application for a certificate under section 26H must be made in such |
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| | manner as may be prescribed by regulations under this Act. |
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| | (2) | An application must include such particulars, and be verified by such |
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| | evidence, as may be required— |
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| | |
| | (b) | by any directions given under the regulations, or |
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| | (c) | by the local planning authority. |
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| | (3) | Regulations under this Act may make provision about how applications |
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| | for a certificate under section 26H are to be dealt with by local planning |
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| | (4) | In particular, regulations may provide for requiring the authority— |
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| | (a) | to give to any applicant within a prescribed period such notice as |
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| | may be prescribed as to the manner in which the application has |
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| | (b) | to give to the Secretary of State, and to such other persons as may |
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| | be prescribed, prescribed information with respect to such |
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| | applications made to the authority, including information as to |
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| | the manner in which any application has been dealt with. |
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| | (5) | A certificate under section 26H may be issued-- |
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| | (a) | for the whole or part of the listed building specified in the |
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| | (b) | for all or part of the works described in the application; |
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| | | and must be in such form as may be prescribed. |
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| | (6) | A local planning authority may revoke a certificate under section 26H if, |
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| | on the application for the certificate— |
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| | (a) | a statement was made or document used which was false in a |
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| | (b) | any material information was withheld. |
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| | (7) | Regulations under this section may make provision for regulating the |
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| | manner in which certificates may be revoked and the notice to be given |
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| | |
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| | (1) | A person is guilty of an offence if, for the purpose of procuring a |
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| | particular decision on an application (whether or not by that person) for |
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| | the issue of a certificate under section 26H, the person— |
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| | (a) | knowingly or recklessly makes a statement which is false or |
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| | misleading in a material particular; |
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| | (b) | with intent to deceive, uses any document which is false or |
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| | misleading in a material particular; or |
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| | (c) | with intent to deceive, withholds any material information. |
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| | (2) | A person guilty of an offence under subsection (1) is liable— |
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| | (a) | on summary conviction, to a fine not exceeding the statutory |
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| | |
| | (b) | on conviction on indictment, to imprisonment for a term not |
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| | exceeding two years, or a fine, or both. |
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| | (3) | Notwithstanding section 127 of the Magistrates’ Courts Act 1980, a |
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| | magistrates’ court may try an information in respect of an offence under |
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| | subsection (1) whenever laid. |
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| | 26K | Appeals against refusal or failure to give decision on application |
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| | (1) | Where an application is made to a local planning authority for a |
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| | certificate under section 26H and— |
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| | (a) | the application is refused or is refused in part, or |
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| | (b) | the authority do not give notice to the applicant of their decision |
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| | on the application within such period as may be prescribed by an |
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| | order under section 26I or within such extended period as may at |
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| | any time be agreed in writing between the applicant and the |
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| | |
| | | the applicant may by notice appeal to the Secretary of State. |
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| | (2) | A notice of appeal under this section— |
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| | (a) | must be served within such time and in such manner as may be |
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| | prescribed by an order made by the Secretary of State; |
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| | (b) | must be accompanied by such information as may be prescribed |
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| | |
| | (3) | The time prescribed for the service of a notice of appeal under this section |
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| | |
| | (a) | 28 days from the date of notification of the decision on the |
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| | (b) | in the case of an appeal under subsection (1)(b), 28 days from— |
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| | (i) | the end of the period prescribed as mentioned in |
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| | |
| | (ii) | as the case may be, the extended period mentioned in |
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| | (4) | On an appeal under this section, the Secretary of State must grant the |
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| | appellant a certificate under section 26H or, in the case of a refusal in |
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| | part, modify the certificate granted by the authority on the application, if |
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| | and so far as the Secretary of State is satisfied— |
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| | (a) | in the case of an appeal under subsection (1)(a), that the |
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| | authority’s refusal is not well-founded, or |
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| | (b) | in the case of an appeal under subsection (1)(b), that if the |
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| | authority had refused the application their refusal would not have |
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| | |
| | (5) | If and so far as the Secretary of State is satisfied that the authority’s |
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| | refusal is or, as the case may be, would have been well-founded, the |
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| | Secretary of State must dismiss the appeal. |
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| | (6) | Where the Secretary of State grants a certificate under section 26H on an |
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| | appeal under this section, the Secretary of State must give notice to the |
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| | local planning authority of that fact. |
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| | (7) | References in this section to a refusal of an application in part include a |
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| | modification or substitution of the description in the application of the |
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| | |
| | (8) | Schedule 3 applies to an appeal under this section.”’. |
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| To move the following Clause:— |
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| | ‘(1) | Section 1 of the Osborne Estate Act 1902 is amended as follows. |
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| | (2) | In subsection (3) (land to be managed in accordance with Crown Lands Act 1851) |
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| | omit “as if it had been committed to their management under section twenty-two |
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| | of the Crown Lands Act, 1851”. |
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| | (3) | Omit subsection (4)(b) (part of house and grounds to be used for the benefit of |
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| | officers and their families). |
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| | (4) | Omit the following provisions (which relate to land no longer forming part of the |
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| | (a) | in subsection (3) the words from “and the part” to “Barton House and |
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| | |
| | (b) | in subsection (4) the words from “And the Commissioners” to the end. |
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| | (5) | The Osborne Estate Act 1914 (which gives power to extend the classes of persons |
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| | who may benefit under section 1(4)(b) of the Osborne Estate Act 1902) is |
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| | |
| | Equality Act 2010: third party harassment of employees and applicants |
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| To move the following Clause:— |
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| | ‘In section 40 of the Equality Act 2010 (employees and applicants: harassment) |
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| | omit subsections (2) to (4).’. |
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| | Equality Act 2010: obtaining information for proceedings |
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| To move the following Clause:— |
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| | ‘(1) | In the Equality Act 2010, omit section 138 (obtaining information, etc). |
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| | (2) | That does not affect section 138 for the purposes of proceedings that relate to a |
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| | contravention occurring before this section comes into force.’. |
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| | Civil liability for breach of health and safety duties |
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| To move the following Clause:— |
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| | ‘(1) | Section 47 of the Health and Safety at Work etc. Act 1974 (civil liability) is |
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| | amended as set out in subsections (2) to (7). |
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| | (2) | In subsection (1), omit paragraph (b) (including the “or” at the end of that |
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| | |
| | (3) | For subsection (2) substitute— |
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|