House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

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


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.



© Parliamentary copyright	Revised 15 October 2012