House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

299

House of Commons

Notices of Amendments

given up to and including

Friday 12 October 2012

New Amendments handed in are marked thus

Consideration of Bill

Enterprise and Regulatory Reform Bill, As Amended

NEW CLAUSES

Tribunal procedure: miscellaneous

Secretary Vince Cable

NC8

To move the following Clause:—

‘(1)
The Employment Tribunals Act 1996 is amended as follows.

(2)
In section 9 (pre-hearing reviews and preliminary matters), in subsection (2)

(deposit orders), in paragraph (a)—

(a)
omit “, if he wishes to continue to participate in those proceedings,”;

(b)
after “an amount not exceeding £1,000” insert “as a condition of—

(i)
continuing to participate in those proceedings,

or

(ii)
pursuing any specified allegations or

arguments”.

(3)
In section 13A (payments in respect of preparation time)—

(a)
in subsection (3), after “shall also” insert “, subject to subsection (4),”;

(b)
after subsection (3) insert—

“(4)
Subsection (3) does not require the regulations to include

provision to prevent an employment tribunal from making—

(a)
an order of the kind mentioned in subsection (1), and

(b)
an award of the kind mentioned in section 13(1)(a) that

is limited to witnesses’ expenses.”

(4)
In section 42 (interpretation), in subsection (1), after the definition of

“employment tribunal procedure regulations” insert—

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Enterprise and Regulatory Reform Bill, continued

““representative” shall be construed in accordance with section 6(1) (in Part

1) or section 29(1) (in Part 2),”.’.

Listed buildings in England: agreements and orders granting listed building consent

Secretary Vince Cable

NC9

To move the following Clause:—

‘(1)
The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as

follows.

(2)
In Chapter 2 of Part 1, after section 26 insert—

“Buildings in England: heritage partnership agreements

26A
Heritage partnership agreements

(1)
A relevant local planning authority may make an agreement under this

section (a “heritage partnership agreement”) with any owner of a listed

building, or a part of such a building, situated in England.

(2)
Any of the following may also be a party to a heritage partnership

agreement in addition to an owner and the relevant local planning

authority—

(a)
any other relevant local planning authority;

(b)
the Secretary of State;

(c)
the Commission;

(d)
any person who has an interest in the listed building;

(e)
any occupier of the listed building;

(f)
any person involved in the management of the listed building;

(g)
any other person who appears to the relevant local planning

authority appropriate as having special knowledge of, or interest

in, the listed building, or in buildings of architectural or historic

interest more generally.

(3)
A heritage partnership agreement may contain provision—

(a)
granting listed building consent under section 8(1) in respect of

specified works for the alteration or extension of the listed

building to which the agreement relates, and

(b)
specifying any conditions to which the consent is subject.

(4)
The conditions to which listed building consent may be subject under

subsection (3)(b) in respect of specified works are those that could be

attached to listed building consent in respect of the works if consent were

to be granted under section 16.

(5)
If a heritage partnership agreement contains provision under subsection

(3), nothing in sections 10 to 26 and 28 applies in relation to listed

building consent for the specified works, subject to any regulations under

section 26B(2)(f).

(6)
A heritage partnership agreement may also—

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Enterprise and Regulatory Reform Bill, continued

(a)
specify or describe works that would or would not, in the view of

the parties to the agreement, affect the character of the listed

building as a building of special architectural or historic interest;

(b)
make provision about the maintenance and preservation of the

listed building;

(c)
make provision about the carrying out of specified work, or the

doing of any specified thing, in relation to the listed building;

(d)
provide for public access to the listed building and the provision

to the public of associated facilities, information or services;

(e)
restrict access to, or use of, the listed building;

(f)
prohibit the doing of any specified thing in relation to the listed

building;

(g)
provide for a relevant public authority to make payments of

specified amounts and on specified terms—

(i)
for, or towards, the costs of any works provided for

under the agreement; or

(ii)
in consideration of any restriction, prohibition or

obligation accepted by any other party to the agreement.

(7)
For the purposes of subsection (6)(g), each of the following, if a party to

the agreement, is a relevant public authority—

(a)
the Secretary of State;

(b)
the Commission;

(c)
a relevant local planning authority.

(8)
In this section “specified” means specified or described in the heritage

partnership agreement.

(9)
In this section and section 26B—

“owner”, in relation to a listed building or a part of such a building, means

a person who is for the time being —

(a)
the estate owner in respect of the fee simple in the building or

part; or

(b)
entitled to a tenancy of the building or part granted or extended

for a term of years certain of which not less than seven years

remain unexpired;

“relevant local planning authority”, in relation to a listed building, means a

local planning authority in whose area the building or any part of the

building is situated.

26B
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;

(c)
must make provision for its termination and variation;

(d)
may relate to more than one listed building or part, provided that

in each case a relevant local planning authority and an owner are

parties to the agreement; and

(e)
may contain incidental and consequential provisions.

(2)
The Secretary of State may by regulations make provision—

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Enterprise and Regulatory Reform Bill, continued

(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;

(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 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;

(f)
applying or reproducing, with or without modifications, any

provision of sections 10 to 26 and 28 for the purposes of heritage

partnership agreements;

(g)
modifying any other provision of this Act as it applies in relation

to heritage partnership agreements.

(3)
Regulations made under subsection (2)(a) may, in particular, include

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;

(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

(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.

(5)
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.

(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.”

(3)
After section 26B insert—

“Buildings in England: orders granting listed building consent

26C
Listed building consent orders

(1)
The Secretary of State may by order (a “listed building consent order”)

grant listed building consent under section 8(1) in respect of works of any

description for the alteration or extension of listed buildings of any

description in England.

(2)
The consent may be granted subject to conditions specified in the order.

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Enterprise and Regulatory Reform Bill, continued

(3)
Without prejudice to the generality of subsection (2), the conditions that

may be specified include any conditions subject to which listed building

consent may be granted under section 16.

(4)
A listed building consent order may (without prejudice to section 17(2))

give the local planning authority power to require details of works to be

approved by them, and may grant consent subject to conditions with

respect to—

(a)
the making of an application to the authority for a determination

as to whether such approval is required, and

(b)
the outcome of such an application or the way it is dealt with.

(5)
A listed building consent order may enable the Secretary of State or the

local planning authority to direct that consent granted by the order does

not apply—

(a)
to a listed building specified in the direction;

(b)
to listed buildings of a description specified in the direction;

(c)
to listed buildings in an area specified in the direction.

(6)
An order may in particular make provision about the making, coming

into force, variation and revocation of such a direction, including

provision conferring powers on the Secretary of State in relation to

directions by a local planning authority.

(7)
Nothing in sections 10 to 26 applies in relation to listed building consent

granted by a listed building consent order; but that does not affect the

application of sections 20, 21 and 22 in relation to an application for

approval required by a condition to which consent is subject.

26D
Local listed building consent orders

(1)
A local planning authority for any area in England may by order (a “local

listed building consent order”) grant listed building consent under section

8(1) in respect of works of any description for the alteration or extension

of listed buildings.

(2)
Regulations under this Act may provide that subsection (1) does not

apply to listed buildings of any description or in any area.

(3)
The consent granted by a local listed building consent order may relate—

(a)
to all listed buildings in the area of the authority or any part of

that area;

(b)
to listed buildings of any description in that area or any part of

that area.

(4)
The consent may be granted subject to conditions specified in the order.

(5)
Without prejudice to the generality of subsection (4), the conditions that

may be specified include any subject to which listed building consent

may be granted under section 16.

(6)
A local listed building consent order may enable the local planning

authority to direct that the consent granted by the order in respect of

works of any description does not apply—

(a)
to a listed building specified in the direction;

(b)
to listed buildings of a description specified in the direction;

(c)
to listed buildings in an area specified in the direction.

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Enterprise and Regulatory Reform Bill, continued

(7)
An order may in particular make provision about the making, coming

into force, variation and revocation of such a direction, including

provision conferring powers on the Secretary of State.

(8)
Nothing in sections 10 to 26 applies in relation to listed building consent

granted by a local listed building consent order; but that does not affect

the application of sections 20, 21 and 22 in relation to an application for

approval required by a condition to which consent is subject.

(9)
Schedule 2A makes provision in connection with local listed building

consent orders.

26E
Powers of Secretary of State in relation to local orders

(1)
At any time before a local listed building consent order is adopted by a

local planning authority the Secretary of State may direct that the order

(or any part of it) is not to be adopted without the Secretary of State’s

approval.

(2)
If the Secretary of State gives a direction under subsection (1)—

(a)
the authority must not take any step in connection with the

adoption of the order until they have submitted the order or the

part to the Secretary of State and the Secretary of State has

decided whether to approve it;

(b)
the order has no effect unless it (or the part) has been approved

by the Secretary of State.

(3)
In considering an order or part submitted under subsection (2)(a) the

Secretary of State may take account of any matter the Secretary of State

thinks relevant.

(4)
It is immaterial whether any such matter was taken account of by the

local planning authority.

(5)
The Secretary of State—

(a)
may approve or reject an order or part of an order submitted

under subsection (2)(a);

(b)
must give reasons for that decision.

(6)
The Secretary of State—

(a)
may at any time before a local listed building consent order is

adopted by the local planning authority, direct them to modify it

in accordance with the direction;

(b)
must give reasons for any such direction.

(7)
The local planning authority—

(a)
must comply with a direction under subsection (6);

(b)
must not adopt the order unless the Secretary of State gives

notice of being satisfied that they have complied with the

direction.

(8)
The Secretary of State—

(a)
may at any time by order revoke a local listed building consent

order if of the opinion that it is expedient to do so;

(b)
must give reasons for doing so.

(9)
The Secretary of State—

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Enterprise and Regulatory Reform Bill, continued

(a)
must not make an order under subsection (8) without consulting

the local planning authority;

(b)
if proposing to make such an order, must serve notice on the local

planning authority.

(10)
A notice under subsection (9)(b) must specify the period (which must not

be less than 28 days from the date of its service) within which the

authority may require an opportunity of appearing before and being heard

by a person appointed by the Secretary of State for the purpose.

(11)
The Secretary of State must give the authority such an opportunity if they

require it within the period specified in the notice.

26F
Considerations in making orders

(1)
In considering whether to make a listed building consent order or local

listed building consent order the Secretary of State or local planning

authority must have special regard to the desirability of preserving—

(a)
listed buildings of a description to which the order applies,

(b)
their setting, or

(c)
any features of special architectural or historic interest which

they possess.

(2)
Before making a listed building consent order the Secretary of State must

consult the Commission.

26G
Effect of revision or revocation of order on incomplete works

(1)
A listed building consent order or local listed building consent order may

include provision permitting the completion of works if—

(a)
listed building consent is granted by the order in respect of the

works, and

(b)
the listed building consent is withdrawn after the works are

started but before they are completed.

(2)
Listed building consent granted by an order is withdrawn—

(a)
if the order is revoked;

(b)
if the order is varied or (in the case of a local listed building

consent order) revised so that it ceases to grant listed building

consent in respect of the works or materially changes any

condition or limitation to which the grant of listed building

consent is subject;

(c)
if a direction applying to the listed building is issued under

powers conferred under section 26C(5) or 26D(6).”

(4)
After section 28 insert—

“28A
Compensation where consent formerly granted by order is granted

conditionally or refused

(1)
Section 28 also has effect (subject to subsections (2) and (3)) where—

(a)
listed building consent granted by a listed building consent order

or a local listed building consent order is withdrawn (whether by

the revocation or amendment of the order or by the issue of a

direction), and

(b)
on an application for listed building consent made within the

prescribed period after the withdrawal, consent for works



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