House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Consideration of Bill: 16 October 2012
359

Enterprise and Regulatory Reform Bill, continued

“263O
False
1. On indictment
1. 7 years or a fine,

representations or

or both.

omissions in
2. Summary
2. 12 months or

connection with a

the statutory

bankruptcy

maximum, or

application.

both.”

      (2)
In the application of the entry inserted by sub-paragraph (1) in relation to an

offence committed before the commencement of section 154(1) of the

Criminal Justice Act 2003 (limit on magistrates’ court powers to impose

imprisonment), the reference in the fourth column to “12 months” is to be read

as a reference to “6 months”.’.

New Clauses relating to the equality act 2010

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).’.

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.’.

Power to provide for equal pay audits

Secretary Vince Cable

NC17

To move the following Clause:—

‘(1)
The Equality Act 2010 is amended as follows.

Consideration of Bill: 16 October 2012
360

Enterprise and Regulatory Reform Bill, continued

(2)
After section 139 insert—

“139A
Equal pay audits

(1)
Regulations may make provision requiring an employment tribunal to

order the respondent to carry out an equal pay audit in any case where the

tribunal finds that there has been an equal pay breach.

(2)
An equal pay breach is—

(a)
a breach of an equality clause, or

(b)
a contravention in relation to pay of section 39(2), 49(6) or 50(6),

so far as relating to sex discrimination.

(3)
An equal pay audit is an audit designed to identify action to be taken to

avoid equal pay breaches occurring or continuing.

(4)
The regulations may make further provision about equal pay audits,

including provision about—

(a)
the content of an audit;

(b)
the powers and duties of a tribunal for deciding whether its order

has been complied with;

(c)
any circumstances in which an audit may be required to be

published or may be disclosed to any person.

(5)
The regulations must provide for an equal pay audit not to be ordered

where the tribunal considers that—

(a)
an audit completed by the respondent in the previous 3 years

meets requirements prescribed for this purpose,

(b)
it is clear without an audit whether any action is required to avoid

equal pay breaches occurring or continuing,

(c)
the breach the tribunal has found gives no reason to think that

there may be other breaches, or

(d)
the disadvantages of an equal pay audit would outweigh its

benefits.

(6)
The regulations may make provision for a failure to comply with an order

to be enforced, otherwise than as an offence, by such means as are

prescribed.

(7)
The first regulations under this section must provide for the requirement

to impose an order for an equal pay audit not to apply in relation to a

respondent whose business is defined in the regulations as a start-up or

micro-business unless further provision is made under this section.”

(3)
In section 207(6) (exercise of power to make subordinate legislation: power to

amend enactments) after “37,” and after “in the case of section” insert “139A,”.

(4)
In section 208(5) (subordinate legislation by Ministers of the Crown etc:

affirmative procedure) after paragraph (e) insert—

“(ea)
regulations under section 139A (equal pay audits);”.’.

Consideration of Bill: 16 October 2012
361

Enterprise and Regulatory Reform Bill, continued

New Clauses relating to the regulation of estate agents

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

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.”’.

New Clauses and new schedules relating to listed buildings and

amendments to schedule 16

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;

Consideration of Bill: 16 October 2012
362

Enterprise and Regulatory Reform Bill, continued

(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—

(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—

Consideration of Bill: 16 October 2012
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Enterprise and Regulatory Reform Bill, continued

“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—

(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.

Consideration of Bill: 16 October 2012
364

Enterprise and Regulatory Reform Bill, continued

(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.

(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

Consideration of Bill: 16 October 2012
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Enterprise and Regulatory Reform Bill, continued

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.

(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.



© Parliamentary copyright	Revised 16 October 2012