House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Notices of Amendments: 12 October 2012
306

Enterprise and Regulatory Reform Bill, continued

formerly authorised by the order is refused or is granted subject

to conditions other than those imposed by the order.

(2)
Section 28 does not have effect by virtue of subsection (1) if—

(a)
the works authorised by the order were started before the

withdrawal, and

(b)
the order included provision in pursuance of section 26G

permitting the works to be completed after the withdrawal.

(3)
Section 28 does not have effect by virtue of subsection (1) if—

(a)
notice of the withdrawal was published in the prescribed manner

and within the prescribed period before the withdrawal, and

(b)
the works authorised by the order were not started before the

notice was published.

(4)
Where section 28 has effect by virtue of subsection (1), references in

section 28(2) and (3) to the revocation or modification of listed building

consent are references to the withdrawal of the listed building consent by

revocation or amendment of the order or by issue of the direction.”

(5)
Schedule [Local listed building consent orders: procedure] (which inserts

Schedule 2A to the Planning (Listed Buildings and Conservation Areas) Act

1990) has effect.’.

Listed buildings in England: certificates of lawfulness

Secretary Vince Cable

NC10

To move the following Clause:—

‘(1)
In the Planning (Listed Buildings and Conservation Areas) Act 1990 after section

26G insert—

“Buildings in England: certificates of lawfulness

26H
Certificate of lawfulness of proposed works

(1)
A person who wishes to ascertain whether proposed works for the

alteration or extension of a listed building in England would be lawful

may make an application to the local planning authority specifying the

building and describing the works.

(2)
For the purposes of this section works would be lawful if they would not

affect the character of the listed building as a building of special

architectural or historic interest.

(3)
If on an application under this section the local planning authority are

provided with information satisfying them that the works described in the

application would be lawful at the time of the application, they must issue

a certificate to that effect; and in any other case they must refuse the

application.

(4)
A certificate under this section must—

(a)
specify the building to which it relates;

Notices of Amendments: 12 October 2012
307

Enterprise and Regulatory Reform Bill, continued

(b)
describe the works concerned;

(c)
give the reasons for determining that the works would be lawful;

and

(d)
specify the date of the application for the certificate.

(5)
The lawfulness of any works for which a certificate is in force under this

section is to be conclusively presumed unless there is a material change,

before the works are begun, in any of the matters relevant to determining

their lawfulness.

26I
Certificates under section 26H: supplementary

(1)
An application for a certificate under section 26H must be made in such

manner as may be prescribed by regulations under this Act.

(2)
An application must include such particulars, and be verified by such

evidence, as may be required—

(a)
by the regulations,

(b)
by any directions given under the regulations, or

(c)
by the local planning authority.

(3)
Regulations under this Act may make provision about how applications

for a certificate under section 26H are to be dealt with by local planning

authorities.

(4)
In particular, regulations may provide for requiring the authority—

(a)
to give to any applicant within a prescribed period such notice as

may be prescribed as to the manner in which the application has

been dealt with; and

(b)
to give to the Secretary of State, and to such other persons as may

be prescribed, prescribed information with respect to such

applications made to the authority, including information as to

the manner in which any application has been dealt with.

(5)
A certificate under section 26H may be issued--

(a)
for the whole or part of the listed building specified in the

application; and

(b)
for all or part of the works described in the application;


and must be in such form as may be prescribed.

(6)
A local planning authority may revoke a certificate under section 26H if,

on the application for the certificate—

(a)
a statement was made or document used which was false in a

material particular; or

(b)
any material information was withheld.

(7)
Regulations under this section may make provision for regulating the

manner in which certificates may be revoked and the notice to be given

of such revocation.

26J
Offences

(1)
A person is guilty of an offence if, for the purpose of procuring a

particular decision on an application (whether or not by that person) for

the issue of a certificate under section 26H, the person—

(a)
knowingly or recklessly makes a statement which is false or

misleading in a material particular;

Notices of Amendments: 12 October 2012
308

Enterprise and Regulatory Reform Bill, continued

(b)
with intent to deceive, uses any document which is false or

misleading in a material particular; or

(c)
with intent to deceive, withholds any material information.

(2)
A person guilty of an offence under subsection (1) is liable—

(a)
on summary conviction, to a fine not exceeding the statutory

maximum; or

(b)
on conviction on indictment, to imprisonment for a term not

exceeding two years, or a fine, or both.

(3)
Notwithstanding section 127 of the Magistrates’ Courts Act 1980, a

magistrates’ court may try an information in respect of an offence under

subsection (1) whenever laid.

26K
Appeals against refusal or failure to give decision on application

(1)
Where an application is made to a local planning authority for a

certificate under section 26H and—

(a)
the application is refused or is refused in part, or

(b)
the authority do not give notice to the applicant of their decision

on the application within such period as may be prescribed by an

order under section 26I or within such extended period as may at

any time be agreed in writing between the applicant and the

authority,


the applicant may by notice appeal to the Secretary of State.

(2)
A notice of appeal under this section—

(a)
must be served within such time and in such manner as may be

prescribed by an order made by the Secretary of State;

(b)
must be accompanied by such information as may be prescribed

by such an order.

(3)
The time prescribed for the service of a notice of appeal under this section

must not be less than—

(a)
28 days from the date of notification of the decision on the

application; or

(b)
in the case of an appeal under subsection (1)(b), 28 days from—

(i)
the end of the period prescribed as mentioned in

subsection (1)(b), or

(ii)
as the case may be, the extended period mentioned in

subsection (1)(b).

(4)
On an appeal under this section, the Secretary of State must grant the

appellant a certificate under section 26H or, in the case of a refusal in

part, modify the certificate granted by the authority on the application, if

and so far as the Secretary of State is satisfied—

(a)
in the case of an appeal under subsection (1)(a), that the

authority’s refusal is not well-founded, or

(b)
in the case of an appeal under subsection (1)(b), that if the

authority had refused the application their refusal would not have

been well-founded.

(5)
If and so far as the Secretary of State is satisfied that the authority’s

refusal is or, as the case may be, would have been well-founded, the

Secretary of State must dismiss the appeal.

Notices of Amendments: 12 October 2012
309

Enterprise and Regulatory Reform Bill, continued

(6)
Where the Secretary of State grants a certificate under section 26H on an

appeal under this section, the Secretary of State must give notice to the

local planning authority of that fact.

(7)
References in this section to a refusal of an application in part include a

modification or substitution of the description in the application of the

works concerned.

(8)
Schedule 3 applies to an appeal under this section.”’.

Osborne estate

Secretary Vince Cable

NC11

To move the following Clause:—

‘(1)
Section 1 of the Osborne Estate Act 1902 is amended as follows.

(2)
In subsection (3) (land to be managed in accordance with Crown Lands Act 1851)

omit “as if it had been committed to their management under section twenty-two

of the Crown Lands Act, 1851”.

(3)
Omit subsection (4)(b) (part of house and grounds to be used for the benefit of

officers and their families).

(4)
Omit the following provisions (which relate to land no longer forming part of the

Osborne estate)—

(a)
in subsection (3) the words from “and the part” to “Barton House and

grounds)”;

(b)
in subsection (4) the words from “And the Commissioners” to the end.

(5)
The Osborne Estate Act 1914 (which gives power to extend the classes of persons

who may benefit under section 1(4)(b) of the Osborne Estate Act 1902) is

repealed.’.

Equality Act 2010: third party harassment of employees and applicants

Secretary Vince Cable

NC12

To move the following Clause:—

‘In section 40 of the Equality Act 2010 (employees and applicants: harassment)

omit subsections (2) to (4).’.

Notices of Amendments: 12 October 2012
310

Enterprise and Regulatory Reform Bill, continued

Equality Act 2010: obtaining information for proceedings

Secretary Vince Cable

NC13

To move the following Clause:—

‘(1)
In the Equality Act 2010, omit section 138 (obtaining information, etc).

(2)
That does not affect section 138 for the purposes of proceedings that relate to a

contravention occurring before this section comes into force.’.

Civil liability for breach of health and safety duties

Secretary Vince Cable

NC14

To move the following Clause:—

‘(1)
Section 47 of the Health and Safety at Work etc. Act 1974 (civil liability) is

amended as set out in subsections (2) to (7).

(2)
In subsection (1), omit paragraph (b) (including the “or” at the end of that

paragraph).

(3)
For subsection (2) substitute—

“(2)
Breach of a duty imposed by a statutory instrument containing (whether

alone or with other provision) health and safety regulations shall not be

actionable except to the extent that regulations under this section so

provide.

(2A)
Breach of a duty imposed by an existing statutory provision shall not be

actionable except to the extent that regulations under this section so

provide (including by modifying any of the existing statutory

provisions).

(2B)
Regulations under this section may make provision about the extent to

which breach of a duty imposed by other health and safety legislation is

actionable (including by modifying that legislation).

(2C)
The reference in subsection (2B) to “other health and safety legislation”

is to—

(a)
any provision of an enactment which relates to any matter

relevant to any of the general purposes of this Part but is not

among the relevant statutory provisions; and

(b)
any provision of an instrument made or having effect under any

such enactment as is mentioned in paragraph (a) other than a

provision of a statutory instrument that contains (with other

provision) health and safety regulations.

(2D)
Regulations under this section may include provision for—

(a)
a defence to be available in any action for breach of the duty

mentioned in subsection (2), (2A) or (2B);

(b)
any term of an agreement which purports to exclude or restrict

any liability for such a breach to be void.”

Notices of Amendments: 12 October 2012
311

Enterprise and Regulatory Reform Bill, continued

(4)
In subsection (3), omit the words from “, whether brought by virtue of subsection

(2)” to the end.

(5)
In subsection (4)—

(a)
for “and (2)” substitute “, (2) and (2A)”, and

(b)
for “(3)” substitute “(2D)(a)”.

(6)
Omit subsections (5) and (6).

(7)
After subsection (6) insert—

“(7)
The power to make regulations under this section shall be exercisable by

the Secretary of State.

(8)
The Secretary of State must obtain the consent of the Welsh Ministers

before making any regulations by virtue of subsection (2B) that contain

provision which would be within the legislative competence of the

National Assembly for Wales if it were contained in an Act of the

Assembly.”

(8)
In section 82 of the Health and Safety at Work etc. Act 1974 (general provisions

as to regulations)—

(a)
in subsection (3), after “subsection (4)” insert “or (5)”, and

(b)
after subsection (4) insert—

“(5)
A statutory instrument containing (whether alone or with other

provision) regulations made by virtue of section 47(2B) shall not

be made unless a draft has been laid before and approved by

resolution of each House of Parliament.”

(9)
Where, on the commencement of this section, there is in force an Order in Council

made under section 84(3) of the Health and Safety at Work etc. Act 1974 that

applies to matters outside Great Britain any of the provisions of that Act that are

amended by this section, that Order is to be taken as applying those provisions as

so amended.

(10)
The amendments made by this section do not apply in relation to breach of a duty

which it would be within the legislative competence of the Scottish Parliament to

impose by an Act of that Parliament.

(11)
The amendments made by this section do not apply in relation to breach of a duty

where that breach occurs before the commencement of this section.’.

Estate agency work

Secretary Vince Cable

NC15

To move the following Clause:—

‘In section 1 of the Estate Agents Act 1979 (estate agency work), for subsection

(4) substitute—

“(4)
This Act does not apply to the following things when done by a person

who does no other things which fall within subsection (1) above—

(a)
publishing advertisements or disseminating information;

(b)
providing a means by which—

(i)
a person who wishes to acquire or dispose of an interest

in land can, in response to such an advertisement or

Notices of Amendments: 12 October 2012
312

Enterprise and Regulatory Reform Bill, continued

dissemination of information, make direct contact with a

person who wishes to dispose of or, as the case may be,

acquire an interest in land;

(ii)
the persons mentioned in sub-paragraph (i) can continue

to communicate directly with each other.”’.

Adjudicators

Secretary Vince Cable

NC16

To move the following Clause:—

‘(1)
In Part 14 of the Insolvency Act 1986 (public administration (England and

Wales)), before section 399 and the cross-heading which precedes it insert—

“Adjudicators

398A
Appointment etc of adjudicators and assistants

(1)
The Secretary of State may appoint persons to the office of adjudicator.

(2)
A person appointed under subsection (1)—

(a)
is to be paid out of money provided by Parliament such salary as

the Secretary of State may direct,

(b)
holds office on such other terms and conditions as the Secretary

of State may direct, and

(c)
may be removed from office by a direction of the Secretary of

State.

(3)
A person who is authorised to act as an official receiver may not be

appointed under subsection (1).

(4)
The Secretary of State may appoint officers of the Secretary of State’s

department to assist adjudicators in the carrying out of their functions.”

(2)
In Part 9 of that Act (bankruptcy), before Chapter 1 insert the Chapter set out in

Schedule [Adjudicators: bankruptcy applications by debtors and bankruptcy

orders] (adjudicators: bankruptcy applications by debtors and bankruptcy

orders).

(3)
Schedule [Adjudicators: minor and consequential amendments] (adjudicators:

minor and consequential amendments) has effect.’.



© Parliamentary copyright	Revised 15 October 2012