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| Page 60, line 22 [Clause 68], at end insert ‘except that section [Power to provide |
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| for equal pay audits] extends only to England and Wales and Scotland’. |
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| Page 60, line 26 [Clause 69], at end insert— |
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| | ‘( ) | section [Osborne estate];’. |
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| Page 60, line 26 [Clause 69], at end insert— |
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| | ‘( ) | section [Power to provide for equal pay audits];’. |
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| Page 60, line 30 [Clause 69], at end insert— |
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| | ‘(d) | Sections (Local authorities: powers relating to deemed consent and |
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| | Restriction of advertisements relating to property letting).’. |
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| To move the following Schedule:— |
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| | ‘Local listed Building consent orders: procedure |
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| | | In the Planning (Listed Buildings and Conservation Areas) Act 1990, after |
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| | Local listed building consent orders: procedure |
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| | 1 (1) | A local listed building consent order must be prepared in |
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| | accordance with such procedure as is prescribed by regulations |
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| | (2) | The regulations may include provision as to— |
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| | (a) | the preparation, submission, approval, adoption, revision, |
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| | revocation and withdrawal of a local listed building |
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| | (b) | notice, publicity, and inspection by the public; |
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| | (c) | consultation with and consideration of views of such |
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| | persons and for such purposes as are prescribed; |
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| | (d) | the making and consideration of representations. |
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| | 2 (1) | The local planning authority may at any time prepare a revision of |
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| | a local listed building consent order. |
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| | (2) | An authority must prepare a revision of a local listed building |
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| | (a) | if the Secretary of State directs them to do so, and |
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| | (b) | in accordance with such timetable as the Secretary of State |
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| | (3) | This Schedule applies to the revision of a local listed building |
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| | consent order as it applies to the preparation of the order. |
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| | (4) | A local listed building consent order may not be varied except by |
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| | revision under this paragraph. |
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| | 3 | A local listed building consent order is of no effect unless it is |
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| | adopted by resolution of the local planning authority. |
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| | 4 (1) | While a local listed building consent order is in force the local |
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| | planning authority must prepare reports containing such |
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| | information as is prescribed as to the extent to which the order is |
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| | (2) | A report under this paragraph must— |
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| | (a) | be in respect of a period— |
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| | (i) | which the authority considers appropriate in the |
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| | interests of transparency, |
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| | (ii) | which begins with the end of the period covered by |
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| | the authority’s most recent report under this |
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| | paragraph (or, in the case of the first report, with |
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| | the day the order comes into force), and |
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| | (iii) | which is not longer than 12 months or such shorter |
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| | (b) | be in such form as is prescribed; |
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| | (c) | contain such other matter as is prescribed. |
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| | (3) | The authority must make its reports under this section available to |
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| To move the following Schedule:— |
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| | ‘Adjudicators: bankruptcy applications by debtors and bankruptcy orders |
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| | Adjudicators: bankruptcy applications by debtors and bankruptcy |
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| | 263H | Bankruptcy applications to the adjudicator |
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| | (1) | An individual may make an application to an adjudicator in |
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| | accordance with this Chapter for a bankruptcy order to be made |
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| | (2) | An individual may make a bankruptcy application only on the ground |
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| | that the individual is unable to pay his or her debts. |
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| | 263I | Debtors against whom an adjudicator may make a bankruptcy order |
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| | (1) | An adjudicator has jurisdiction to determine a bankruptcy application |
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| | (a) | the centre of the debtor’s main interests is in England and |
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| | (b) | the centre of the debtor’s main interests is not in a member |
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| | state of the European Union which has adopted the EC |
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| | Regulation, but the test in subsection (2) is met. |
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| | (a) | the debtor is domiciled in England and Wales, or |
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| | (b) | at any time in the period of three years ending with the day on |
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| | which the application is made to the adjudicator, the debtor— |
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| | (i) | has been ordinarily resident, or has had a place of |
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| | residence, in England and Wales, or |
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| | (ii) | has carried on business in England and Wales. |
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| | (3) | The reference in subsection (2) to the debtor carrying on business |
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| | (a) | the carrying on of business by a firm or partnership of which |
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| | the debtor is a member, and |
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| | (b) | the carrying on of business by an agent or manager for the |
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| | debtor or for such a firm or partnership. |
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| | (4) | In this section, references to the centre of the debtor’s main interests |
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| | have the same meaning as in Article 3 of the EC Regulation. |
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| | 263J | Conditions applying to bankruptcy application |
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| | (1) | A bankruptcy application must include— |
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| | (a) | such particulars of the debtor’s creditors, debts and other |
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| | liabilities, and assets, as may be prescribed, and |
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| | (b) | such other information as may be prescribed. |
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| | (2) | A bankruptcy application is not to be regarded as having been made |
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| | unless any fee or deposit required in connection with the application |
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| | by an order under section 415 has been paid to such person, and within |
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| | such period, as may be prescribed. |
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| | (3) | A bankruptcy application may not be withdrawn. |
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| | (4) | A debtor must notify the adjudicator if, at any time before a |
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| | bankruptcy order is made against the debtor or the adjudicator refuses |
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| | (a) | the debtor becomes able to pay his or her debts, or |
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| | (b) | a bankruptcy petition has been presented to the court in |
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| | 263K | Determination of bankruptcy application |
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| | (1) | After receiving a bankruptcy application, an adjudicator must |
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| | determine whether the following requirements are met— |
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| | (a) | the adjudicator had jurisdiction under section 263I to |
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| | determine the application on the date the application was |
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| | (b) | the debtor is unable to pay his or her debts at the date of the |
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| | (c) | no bankruptcy petition is pending in relation to the debtor at |
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| | the date of the determination, and |
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| | (d) | no bankruptcy order has been made in respect of any of the |
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| | debts which are the subject of the application at the date of the |
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| | (2) | If the adjudicator is satisfied that each of the requirements in |
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| | subsection (1) are met, the adjudicator must make a bankruptcy order |
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| | (3) | If the adjudicator is not so satisfied, the adjudicator must refuse to |
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| | make a bankruptcy order against the debtor. |
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| | (4) | The adjudicator must make a bankruptcy order against the debtor or |
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| | refuse to make such an order before the end of the prescribed period |
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| | (“the determination period”). |
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| | 263L | Adjudicator’s requests for further information |
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| | (1) | An adjudicator may at any time during the determination period |
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| | request from the debtor information that the adjudicator considers |
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| | necessary for the purpose of determining whether a bankruptcy order |
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| | (2) | The adjudicator may specify a date before which information |
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| | requested under subsection (1) must be provided; but that date must |
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| | not be after the end of the determination period. |
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| | (3) | If the rules so prescribe, a request under subsection (1) may include a |
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| | request for information to be given orally. |
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| | (4) | The rules may make provision enabling or requiring an adjudicator to |
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| | request information from persons of a prescribed description in |
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| | prescribed circumstances. |
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