House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

Consideration of Bill: 16 October 2012
371

Enterprise and Regulatory Reform Bill, continued

“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—

(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

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

(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.”’.

Secretary Vince Cable

48

Page  224,  line  29  [Schedule  16],  leave out paragraph 9.

Secretary Vince Cable

49

Page  227,  line  16  [Schedule  16],  at end insert—

‘9A
In section 32(1)(a) (purchase notice on refusal or conditional grant of

consent)—

(a)
for “listed building consent in respect of a building” substitute “on an

application for listed building consent in respect of a building,

consent”;

(b)
before “is revoked” insert “such consent granted on an application”.

9B
In section 62(2) (validity of certain orders and decisions), after paragraph (a)

insert—

“(aa)
any decision to approve or reject a local listed building

consent order or part of such an order;

(ab)
any decision on an appeal under section 26K;”.’.

Secretary Vince Cable

50

Page  227,  line  33  [Schedule  16],  at end insert—

‘11A
In section 82(3) (application of Act to land and works of local planning

authorities) for “to 29” substitute “to 26, 28, 29”.

11B
In section 82A(2) (application to the Crown), after paragraph (c) insert—

“(ca)
section 26J;”.

11C
In section 88(2)(c) (rights of entry) after “11” insert “, 26J”.

11D(1)
Section 93 (regulations and orders) is amended as follows.

      (2)
In subsection (4) after “8(5),” insert “26C,”.

      (3)
In subsection (5) after “section” insert “26C,”.

11E(1)
Schedule 3 (determination of certain appeals by person appointed by Secretary

of State) is amended as follows.

      (2)
In paragraph 1(1), 2(8)(a) and 3(3) after “20” insert “, 26K”.

      (3)
In paragraph 2(1) after paragraph (a) (before “and” at the end) insert—

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

“(aa)
in relation to an appeal under section 26K, as the Secretary

of State has under section 26K(4) to (6);”.’.

New Clauses relating to the osborne estate

Osborne estate

Secretary Vince Cable

NC11

To move the following Clause:—

‘(1)
Section 1 of the Osborne Estate Act 1902 is amended as follows.

(2)
In subsection (3) (land to be managed in accordance with Crown Lands Act 1851)

omit “as if it had been committed to their management under section twenty-two

of the Crown Lands Act, 1851”.

(3)
Omit subsection (4)(b) (part of house and grounds to be used for the benefit of

officers and their families).

(4)
Omit the following provisions (which relate to land no longer forming part of the

Osborne estate)—

(a)
in subsection (3) the words from “and the part” to “Barton House and

grounds)”;

(b)
in subsection (4) the words from “And the Commissioners” to the end.

(5)
The Osborne Estate Act 1914 (which gives power to extend the classes of persons

who may benefit under section 1(4)(b) of the Osborne Estate Act 1902) is

repealed.’.

New Clauses and new schedules relating to, and amendments to, part 2

Tribunal procedure: miscellaneous

Secretary Vince Cable

NC8

To move the following Clause:—

‘(1)
The Employment Tribunals Act 1996 is amended as follows.

(2)
In section 9 (pre-hearing reviews and preliminary matters), in subsection (2)

(deposit orders), in paragraph (a)—

(a)
omit “, if he wishes to continue to participate in those proceedings,”;

(b)
after “an amount not exceeding £1,000” insert “as a condition of—

(i)
continuing to participate in those proceedings,

or

(ii)
pursuing any specified allegations or

arguments”.

(3)
In section 13A (payments in respect of preparation time)—

(a)
in subsection (3), after “shall also” insert “, subject to subsection (4),”;

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

(b)
after subsection (3) insert—

“(4)
Subsection (3) does not require the regulations to include

provision to prevent an employment tribunal from making—

(a)
an order of the kind mentioned in subsection (1), and

(b)
an award of the kind mentioned in section 13(1)(a) that

is limited to witnesses’ expenses.”

(4)
In section 42 (interpretation), in subsection (1), after the definition of

“employment tribunal procedure regulations” insert—

““representative” shall be construed in accordance with section 6(1) (in Part

1) or section 29(1) (in Part 2),”.’.

Removal of requirement for protected disclosures to be made in good faith

Katy Clark

NC1

To move the following Clause:—

‘The Employment Rights Act 1996 is amended as follows:

(1)
Omit “in good faith”—

(a)
in section 43C (Disclosures qualifying for protection), in subsection (1),

(b)
in section 43E (Disclosure to Minister of the Crown), in paragraph (b),

and

(c)
in section 43F (Disclosure to prescribed person), in subsection (1)(a).

(2)
Omit “makes the disclosure in good faith,

(b)
he”—

(a)
in section 43G (Disclosure in other cases), in subsection (1), and

(b)
in section 43H (Disclosure of exceptionally serious failure), in subsection

(1).’.

Duty on employers to prevent detriment caused by others to workers who have made

protected disclosures

Katy Clark

NC2

To move the following Clause:—

‘(1)
The Secretary of State shall make regulations requiring an employer, where a

worker has made a protected disclosure under section 43A of the Employment

Rights Act 1996, to take reasonable steps to ensure that the worker is not

subjected to any detriment by any act, or any deliberate failure to act, by a person

other than his employer done on the ground that worker has made the disclosure.

(2)
Regulations under this section—

(a)
are to be made by statutory instrument, and

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

(b)
are not to be made unless a draft of the instrument has been laid before,

and approved by a resolution of, each House of Parliament.’.

Mr Chuka Umunna

Mr Iain Wright

Iain Murray

Chi Onwurah

80

Page  4,  line  13  [Clause  7],  at end insert—

‘(1)
Prior to the commencement of this section, the Secretary of State shall carry out

an impact assessment into the effect of the introduction of proposed fees for the

employment tribunal system and the impact this will have on the effectiveness of

ACAS conciliation proceedings.’.

Secretary Vince Cable

6

Page  4,  line  18  [Clause  7],  leave out ‘send’ and insert ‘provide’.

Secretary Vince Cable

7

Page  5,  line  33  [Clause  7],  leave out ‘sending’ and insert ‘providing’.

John McDonnell

Caroline Lucas

Jeremy Corbyn

Stewart Hosie

Jonathan Edwards

Katy Clark

Total signatories: 7

Mr Elfyn Llwyd

51

Page  5,  line  43  [Clause  7],  at end insert—

‘(e)
preventing an employer or ex-employer of a prospective Claimant from

applying for costs against the prospective Claimant under the

Employment Tribunal Rules or other measures to provide an incentive to

employers or ex-employers to take part in the conciliation process.’.

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

John McDonnell

Caroline Lucas

Jeremy Corbyn

Stewart Hosie

Jonathan Edwards

Katy Clark

Total signatories: 7

Mr Elfyn Llwyd

52

Page  7,  line  27  [Clause  11],  after (2) insert ‘With the consent of the parties but not

otherwise.’.

John McDonnell

Caroline Lucas

Jeremy Corbyn

Stewart Hosie

Jonathan Edwards

Katy Clark

Total signatories: 7

Mr Elfyn Llwyd

53

Page  7  [Clause  11],  leave out lines 29 to 38.

John McDonnell

Caroline Lucas

Jeremy Corbyn

Stewart Hosie

Jonathan Edwards

Katy Clark

Total signatories: 7

Mr Elfyn Llwyd

54

Page  8  [Clause  11],  leave out lines 1 to 10.

Chuka Umunna

Iain Wright

Iain Murray

Chi Onwurah

81

Page  8,  line  19,  leave out Clause 12.

Secretary Vince Cable

8

Page  8  [Clause  12],  leave out lines 22 to 27 and insert—

‘(1)
Evidence of pre-termination negotiations is inadmissible in any proceedings on a

complaint under section 111.


This is subject to subsections (2) to (4).

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

(1A)
In subsection (1) “pre-termination negotiations” means any offer made or

discussions held, before the termination of the employment in question, with a

view to it being terminated on terms agreed between the employer and the

employee.’.

Secretary Vince Cable

9

Page  8,  line  36,  [Clause  12],  leave out from beginning to second ‘to’ in line 37 and

insert ‘Subsection (1) does not affect the admissibility, on any question as to costs or

expenses, of evidence relating’.

Secretary Vince Cable

10

Page  8  [Clause  12],  leave out lines 40 to 43.

Mr Chuka Umunna

Mr Iain Wright

Iain Murray

Chi Onwurah

82

Page  9,  line  1,  leave out Clause 13.

Secretary Vince Cable

11

Page  9  [Clause  13],  leave out lines 8 to 10 and insert—

‘(b)
the lower of—

(i)
a specified amount, and

(ii)
a specified number multiplied by a week’s pay of the individual

concerned.’.

Secretary Vince Cable

12

Page  9,  line  11  [Clause  13],  after ‘(2)(a)’ insert ‘or (b)(i)’.

Secretary Vince Cable

13

Page  9,  line  13  [Clause  13],  after ‘(2)(a)’ insert ‘or (b)(i)’.

John McDonnell

70

Page  9  [Clause  13],  leave out line 15.

Secretary Vince Cable

14

Page  9,  line  16  [Clause  13],  after ‘(2)(b)’ insert ‘(ii)’.

John McDonnell

71

Page  9,  line  33  [Clause  13],  leave out ‘in whatever way the Secretary of State



© Parliamentary copyright	Revised 16 October 2012