Session 2012 - 13
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Notices of Amendments: 12 October 2012                  

334

 

Enterprise and Regulatory Reform Bill, continued

 
 

Secretary Vince Cable

 

45

 

Page  60,  line  22  [Clause  68],  at end insert ‘except that section [Power to provide

 

for equal pay audits] extends only to England and Wales and Scotland’.

 

Secretary Vince Cable

 

46

 

Page  60,  line  26  [Clause  69],  at end insert—

 

‘( )    

section [Osborne estate];’.

 

Secretary Vince Cable

 

47

 

Page  60,  line  26  [Clause  69],  at end insert—

 

‘( )    

section [Power to provide for equal pay audits];’.

 

Mr Nicholas Brown

 

Ian Mearns

 

Mrs Sharon Hodgson

 

Fabian Hamilton

 

Catherine McKinnell

 

Paul Blomfield

 

Total signatories: 7

 

Frank Dobson

 

69

 

Parliamentary Star    

Page  60,  line  30  [Clause  69],  at end insert—

 

‘(d)    

Sections (Local authorities: powers relating to deemed consent and

 

Restriction of advertisements relating to property letting).’.

 


 

New Schedules

 

Secretary Vince Cable

 

NS1

 

To move the following Schedule:—

 

‘Local listed Building consent orders: procedure

 

            

In the Planning (Listed Buildings and Conservation Areas) Act 1990, after

 

Schedule 2 insert—

 

“Schedule 2A

 

Section 26D

 

Local listed building consent orders: procedure

 

Preparation

 

1    (1)  

A local listed building consent order must be prepared in  

 

accordance with such procedure as is prescribed by regulations

 

under this Act.

 

      (2)  

The regulations may include provision as to—


 
 

Notices of Amendments: 12 October 2012                  

335

 

Enterprise and Regulatory Reform Bill, continued

 
 

(a)    

the preparation, submission, approval, adoption, revision,

 

revocation and withdrawal of a local listed building

 

consent order;

 

(b)    

notice, publicity, and inspection by the public;

 

(c)    

consultation with and consideration of views of such

 

persons and for such purposes as are prescribed;

 

(d)    

the making and consideration of representations.

 

Revision

 

2    (1)  

The local planning authority may at any time prepare a revision of

 

a local listed building consent order.

 

      (2)  

An authority must prepare a revision of a local listed building

 

consent order—

 

(a)    

if the Secretary of State directs them to do so, and

 

(b)    

in accordance with such timetable as the Secretary of State

 

directs.

 

      (3)  

This Schedule applies to the revision of a local listed building

 

consent order as it applies to the preparation of the order.

 

      (4)  

A local listed building consent order may not be varied except by

 

revision under this paragraph.

 

Order to be adopted

 

3          

A local listed building consent order is of no effect unless it is

 

adopted by resolution of the local planning authority.

 

Annual report

 

4    (1)  

While a local listed building consent order is in force the local

 

planning authority must prepare reports containing such

 

information as is prescribed as to the extent to which the order is

 

achieving its purposes.

 

      (2)  

A report under this paragraph must—

 

(a)    

be in respect of a period—

 

(i)    

which the authority considers appropriate in the

 

interests of transparency,

 

(ii)    

which begins with the end of the period covered by

 

the authority’s most recent report under this

 

paragraph (or, in the case of the first report, with

 

the day the order comes into force), and

 

(iii)    

which is not longer than 12 months or such shorter

 

period as is prescribed;

 

(b)    

be in such form as is prescribed;

 

(c)    

contain such other matter as is prescribed.

 

      (3)  

The authority must make its reports under this section available to

 

the public.”’.

 



 
 

Notices of Amendments: 12 October 2012                  

336

 

Enterprise and Regulatory Reform Bill, continued

 
 

Secretary Vince Cable

 

NS2

 

To move the following Schedule:—

 

‘Adjudicators: bankruptcy applications by debtors and bankruptcy orders

 

“Chapter A1

 

Adjudicators: bankruptcy applications by debtors and bankruptcy

 

orders

 

263H  

Bankruptcy applications to the adjudicator

 

(1)    

An individual may make an application to an adjudicator in

 

accordance with this Chapter for a bankruptcy order to be made

 

against him or her.

 

(2)    

An individual may make a bankruptcy application only on the ground

 

that the individual is unable to pay his or her debts.

 

263I  

Debtors against whom an adjudicator may make a bankruptcy order

 

(1)    

An adjudicator has jurisdiction to determine a bankruptcy application

 

only if—

 

(a)    

the centre of the debtor’s main interests is in England and

 

Wales, or

 

(b)    

the centre of the debtor’s main interests is not in a member

 

state of the European Union which has adopted the EC

 

Regulation, but the test in subsection (2) is met.

 

(2)    

The test is that—

 

(a)    

the debtor is domiciled in England and Wales, or

 

(b)    

at any time in the period of three years ending with the day on

 

which the application is made to the adjudicator, the debtor—

 

(i)    

has been ordinarily resident, or has had a place of

 

residence, in England and Wales, or

 

(ii)    

has carried on business in England and Wales.

 

(3)    

The reference in subsection (2) to the debtor carrying on business

 

includes—

 

(a)    

the carrying on of business by a firm or partnership of which

 

the debtor is a member, and

 

(b)    

the carrying on of business by an agent or manager for the

 

debtor or for such a firm or partnership.

 

(4)    

In this section, references to the centre of the debtor’s main interests

 

have the same meaning as in Article 3 of the EC Regulation.

 

263J  

Conditions applying to bankruptcy application

 

(1)    

A bankruptcy application must include—

 

(a)    

such particulars of the debtor’s creditors, debts and other

 

liabilities, and assets, as may be prescribed, and

 

(b)    

such other information as may be prescribed.

 

(2)    

A bankruptcy application is not to be regarded as having been made

 

unless any fee or deposit required in connection with the application


 
 

Notices of Amendments: 12 October 2012                  

337

 

Enterprise and Regulatory Reform Bill, continued

 
 

by an order under section 415 has been paid to such person, and within

 

such period, as may be prescribed.

 

(3)    

A bankruptcy application may not be withdrawn.

 

(4)    

A debtor must notify the adjudicator if, at any time before a

 

bankruptcy order is made against the debtor or the adjudicator refuses

 

to make such an order—

 

(a)    

the debtor becomes able to pay his or her debts, or

 

(b)    

a bankruptcy petition has been presented to the court in

 

relation to the debtor.

 

263K  

Determination of bankruptcy application

 

(1)    

After receiving a bankruptcy application, an adjudicator must

 

determine whether the following requirements are met—

 

(a)    

the adjudicator had jurisdiction under section 263I to

 

determine the application on the date the application was

 

made,

 

(b)    

the debtor is unable to pay his or her debts at the date of the

 

determination,

 

(c)    

no bankruptcy petition is pending in relation to the debtor at

 

the date of the determination, and

 

(d)    

no bankruptcy order has been made in respect of any of the

 

debts which are the subject of the application at the date of the

 

determination.

 

(2)    

If the adjudicator is satisfied that each of the requirements in

 

subsection (1) are met, the adjudicator must make a bankruptcy order

 

against the debtor.

 

(3)    

If the adjudicator is not so satisfied, the adjudicator must refuse to

 

make a bankruptcy order against the debtor.

 

(4)    

The adjudicator must make a bankruptcy order against the debtor or

 

refuse to make such an order before the end of the prescribed period

 

(“the determination period”).

 

263L  

Adjudicator’s requests for further information

 

(1)    

An adjudicator may at any time during the determination period

 

request from the debtor information that the adjudicator considers

 

necessary for the purpose of determining whether a bankruptcy order

 

must be made.

 

(2)    

The adjudicator may specify a date before which information

 

requested under subsection (1) must be provided; but that date must

 

not be after the end of the determination period.

 

(3)    

If the rules so prescribe, a request under subsection (1) may include a

 

request for information to be given orally.

 

(4)    

The rules may make provision enabling or requiring an adjudicator to

 

request information from persons of a prescribed description in

 

prescribed circumstances.


 
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Revised 15 October 2012