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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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| Page 224, line 29 [Schedule 16], leave out paragraph 9. |
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| Page 227, line 16 [Schedule 16], at end insert— |
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| | ‘9A | In section 32(1)(a) (purchase notice on refusal or conditional grant of |
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| | (a) | for “listed building consent in respect of a building” substitute “on an |
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| | application for listed building consent in respect of a building, |
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| | (b) | before “is revoked” insert “such consent granted on an application”. |
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| | 9B | In section 62(2) (validity of certain orders and decisions), after paragraph (a) |
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| | “(aa) | any decision to approve or reject a local listed building |
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| | consent order or part of such an order; |
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| | (ab) | any decision on an appeal under section 26K;”.’. |
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| Page 227, line 33 [Schedule 16], at end insert— |
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| | ‘11A | In section 82(3) (application of Act to land and works of local planning |
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| | authorities) for “to 29” substitute “to 26, 28, 29”. |
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| | 11B | In section 82A(2) (application to the Crown), after paragraph (c) insert— |
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| | 11C | In section 88(2)(c) (rights of entry) after “11” insert “, 26J”. |
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| | 11D(1) | Section 93 (regulations and orders) is amended as follows. |
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| | (2) | In subsection (4) after “8(5),” insert “26C,”. |
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| | (3) | In subsection (5) after “section” insert “26C,”. |
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| | 11E(1) | Schedule 3 (determination of certain appeals by person appointed by Secretary |
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| | of State) is amended as follows. |
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| | (2) | In paragraph 1(1), 2(8)(a) and 3(3) after “20” insert “, 26K”. |
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| | (3) | In paragraph 2(1) after paragraph (a) (before “and” at the end) insert— |
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| | “(aa) | in relation to an appeal under section 26K, as the Secretary |
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| | of State has under section 26K(4) to (6);”.’. |
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| New Clauses relating to the osborne estate |
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| To move the following Clause:— |
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| | ‘(1) | Section 1 of the Osborne Estate Act 1902 is amended as follows. |
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| | (2) | In subsection (3) (land to be managed in accordance with Crown Lands Act 1851) |
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| | omit “as if it had been committed to their management under section twenty-two |
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| | of the Crown Lands Act, 1851”. |
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| | (3) | Omit subsection (4)(b) (part of house and grounds to be used for the benefit of |
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| | officers and their families). |
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| | (4) | Omit the following provisions (which relate to land no longer forming part of the |
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| | (a) | in subsection (3) the words from “and the part” to “Barton House and |
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| | (b) | in subsection (4) the words from “And the Commissioners” to the end. |
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| | (5) | The Osborne Estate Act 1914 (which gives power to extend the classes of persons |
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| | who may benefit under section 1(4)(b) of the Osborne Estate Act 1902) is |
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| New Clauses and new schedules relating to, and amendments to, part 2 |
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| | Tribunal procedure: miscellaneous |
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| To move the following Clause:— |
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| | ‘(1) | The Employment Tribunals Act 1996 is amended as follows. |
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| | (2) | In section 9 (pre-hearing reviews and preliminary matters), in subsection (2) |
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| | (deposit orders), in paragraph (a)— |
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| | (a) | omit “, if he wishes to continue to participate in those proceedings,”; |
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| | (b) | after “an amount not exceeding £1,000” insert “as a condition of— |
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| | (i) | continuing to participate in those proceedings, |
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| | (ii) | pursuing any specified allegations or |
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| | (3) | In section 13A (payments in respect of preparation time)— |
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| | (a) | in subsection (3), after “shall also” insert “, subject to subsection (4),”; |
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| | (b) | after subsection (3) insert— |
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| | “(4) | Subsection (3) does not require the regulations to include |
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| | provision to prevent an employment tribunal from making— |
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| | (a) | an order of the kind mentioned in subsection (1), and |
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| | (b) | an award of the kind mentioned in section 13(1)(a) that |
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| | is limited to witnesses’ expenses.” |
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| | (4) | In section 42 (interpretation), in subsection (1), after the definition of |
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| | “employment tribunal procedure regulations” insert— |
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| | ““representative” shall be construed in accordance with section 6(1) (in Part |
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| | 1) or section 29(1) (in Part 2),”.’. |
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| | Removal of requirement for protected disclosures to be made in good faith |
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| To move the following Clause:— |
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| | ‘The Employment Rights Act 1996 is amended as follows: |
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| | (1) | Omit “in good faith”— |
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| | (a) | in section 43C (Disclosures qualifying for protection), in subsection (1), |
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| | (b) | in section 43E (Disclosure to Minister of the Crown), in paragraph (b), |
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| | (c) | in section 43F (Disclosure to prescribed person), in subsection (1)(a). |
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| | (2) | Omit “makes the disclosure in good faith, |
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| | (a) | in section 43G (Disclosure in other cases), in subsection (1), and |
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| | (b) | in section 43H (Disclosure of exceptionally serious failure), in subsection |
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| | Duty on employers to prevent detriment caused by others to workers who have made |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall make regulations requiring an employer, where a |
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| | worker has made a protected disclosure under section 43A of the Employment |
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| | Rights Act 1996, to take reasonable steps to ensure that the worker is not |
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| | subjected to any detriment by any act, or any deliberate failure to act, by a person |
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| | other than his employer done on the ground that worker has made the disclosure. |
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| | (2) | Regulations under this section— |
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| | (a) | are to be made by statutory instrument, and |
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| | (b) | are not to be made unless a draft of the instrument has been laid before, |
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| | and approved by a resolution of, each House of Parliament.’. |
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| Page 4, line 13 [Clause 7], at end insert— |
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| | ‘(1) | Prior to the commencement of this section, the Secretary of State shall carry out |
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| | an impact assessment into the effect of the introduction of proposed fees for the |
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| | employment tribunal system and the impact this will have on the effectiveness of |
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| | ACAS conciliation proceedings.’. |
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| Page 4, line 18 [Clause 7], leave out ‘send’ and insert ‘provide’. |
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| Page 5, line 33 [Clause 7], leave out ‘sending’ and insert ‘providing’. |
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| Page 5, line 43 [Clause 7], at end insert— |
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| | ‘(e) | preventing an employer or ex-employer of a prospective Claimant from |
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| | applying for costs against the prospective Claimant under the |
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| | Employment Tribunal Rules or other measures to provide an incentive to |
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| | employers or ex-employers to take part in the conciliation process.’. |
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| Page 7, line 27 [Clause 11], after (2) insert ‘With the consent of the parties but not |
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| Page 7 [Clause 11], leave out lines 29 to 38. |
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| Page 8 [Clause 11], leave out lines 1 to 10. |
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| Page 8, line 19, leave out Clause 12. |
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| Page 8 [Clause 12], leave out lines 22 to 27 and insert— |
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| | ‘(1) | Evidence of pre-termination negotiations is inadmissible in any proceedings on a |
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| | complaint under section 111. |
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| | | This is subject to subsections (2) to (4). |
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| | (1A) | In subsection (1) “pre-termination negotiations” means any offer made or |
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| | discussions held, before the termination of the employment in question, with a |
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| | view to it being terminated on terms agreed between the employer and the |
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| Page 8, line 36, [Clause 12], leave out from beginning to second ‘to’ in line 37 and |
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| insert ‘Subsection (1) does not affect the admissibility, on any question as to costs or |
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| expenses, of evidence relating’. |
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| Page 8 [Clause 12], leave out lines 40 to 43. |
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| Page 9, line 1, leave out Clause 13. |
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| Page 9 [Clause 13], leave out lines 8 to 10 and insert— |
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| | (i) | a specified amount, and |
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| | (ii) | a specified number multiplied by a week’s pay of the individual |
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| Page 9, line 11 [Clause 13], after ‘(2)(a)’ insert ‘or (b)(i)’. |
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| Page 9, line 13 [Clause 13], after ‘(2)(a)’ insert ‘or (b)(i)’. |
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| Page 9 [Clause 13], leave out line 15. |
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| Page 9, line 16 [Clause 13], after ‘(2)(b)’ insert ‘(ii)’. |
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| Page 9, line 33 [Clause 13], leave out ‘in whatever way the Secretary of State |
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