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Contents page 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 230-235 Last page

Enterprise and Regulatory Reform BillPage 220

38 (1) Schedule 7 (enforcement regime for public interest and special public
interest cases) is amended as follows.

(2) In paragraph 7, in sub-paragraph (1), for paragraph (b) substitute—

(b) no orders under paragraph 2 are in force in relation to the
5relevant merger situation concerned or (as the case may
be) the special merger situation concerned.

(3) In paragraph 8, in sub-paragraph (1), for paragraph (b) substitute—

(b) no orders under paragraph 2 are in force in relation to the
relevant merger situation concerned or (as the case may
10be) the special merger situation concerned.

39 In Schedule 15 (enactments conferring functions for the purposes of which
specified information may be disclosed), at the end insert—

Office of Communications Act 2002 (c. 11)Office of Communications Act 2002 (c. 11)

40 15In Schedule 1 to the Office of Communications Act 2002 (constitution etc. of
the OFCOM), in paragraph 18—

(a) the existing text becomes sub-paragraph (1), and

(b) after that sub-paragraph insert—

(2) Sub-paragraph (1) is subject to provision in rules made
20under section 51 of the Competition Act 1998 by virtue of
paragraph 1A of Schedule 9 to that Act in respect of the
exercise of a function under Part 1 of that Act.

Railways and Transport Safety Act 2003 (c. 20)Railways and Transport Safety Act 2003 (c. 20)

41 In Schedule 1 to the Rail and Transport Safety Act 2003 (constitution etc. of
25the Office of Rail Regulation), in paragraph 7—

(a) the existing text becomes sub-paragraph (1), and

(b) after that sub-paragraph insert—

(2) Sub-paragraph (1) is subject to provision in rules made
under section 51 of the Competition Act 1998 by virtue of
30paragraph 1A of Schedule 9 to that Act in respect of the
exercise of a function under Part 1 of that Act.

Communications Act 2003 (c. 21)Communications Act 2003 (c. 21)

42 The Communications Act 2003 is amended as follows.

43 (1) Section 192 (appeals against decisions by OFCOM etc) is amended as
35follows.

(2) In subsection (1), after paragraph (d) insert—

(e) a decision by the CMA to which effect is given by an order
made under section 193A.

(3) In subsection (6)(b), after “the Secretary of State” insert “, by the CMA”.

44 40In section 193 (reference of price control matters), in subsection (10), after
“this section” insert “and section 193A”.

Enterprise and Regulatory Reform BillPage 221

45 In section 195 (decisions of the Tribunal), in subsection (9), for “or the
Secretary of State” (in each place it occurs) substitute “, the Secretary of State
or the CMA”.

46 In section 371 (functions under the Competition Act 1998), in subsections (2)
5and (3)(a), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1)
to (4)”.

Health and Social Care Act

47 The Health and Social Care 2012 is amended as follows.

48 10In section 72 (functions under the Competition Act 1998), in subsections (2)
and (3), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to
(4)”.

49 In Schedule 8 (constitution etc. of Monitor), in paragraph 11, after sub-
paragraph (2) insert—

(2A) 15Sub-paragraph (2) is subject to provision in rules made under
section 51 of the Competition Act 1998 by virtue of paragraph 1A
of Schedule 9 to that Act in respect of the exercise of a function
under Part 1 of that Act.

Civil Aviation Act 2012

50 20The Civil Aviation Act 2012 is amended as follows.

51 In section 62 (functions under Competition Act 1998), in subsections (2) and
(4), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to (4)”.

52 In section 63 (Competition Act 1998: supplementary), in subsection (1), after
“38(1) to (6)” insert “, 40B(1) to (4)”.

25Electricity (Northern Ireland) Order 1992 (

)

53 In article 46 of the Electricity (Northern Ireland) Order 1992 (functions with
respect to competition), in paragraphs (3), (3A) and (6)(b), after “38(1) to (6)”
(in each place where it occurs) insert “, 40B(1) to (4)”.

30Gas (Northern Ireland) Order 1996 (

)

54 In article 23 of the Gas (Northern Ireland) Order 1996 (functions with respect
to competition), in paragraphs (3), (3A) and (6)(b), after “38(1) to (6)” (in each
place where it occurs) insert “, 40B(1) to (4)”.

35Energy (Northern Ireland) Order 2003 (

)

55 In Schedule 1 to the Energy (Northern Ireland) Order 2003 (constitution etc.
of the Authority), in paragraph 9, after sub-paragraph (2) insert—

(2A) Sub-paragraph (1) is subject to provision in rules made under
40section 51 of the Competition Act 1998 by virtue of paragraph 1A
of Schedule 9 to that Act in respect of the exercise of a function
under Part 1 of that Act.

Enterprise and Regulatory Reform BillPage 222

Section 51

SCHEDULE 16 Heritage planning regulation

National Heritage Act 1983 (c. 47)National Heritage Act 1983 (c. 47)

1 (1) Section 33 of the National Heritage Act 1983 (the Commission’s general
5function) is amended as follows.

(2) In subsection (2A)—

(a) in paragraph (a) after “1979” insert “, under section 196D of the Town
and Country Planning Act 1990”, and

(b) in paragraph (b) for “that Part or of that Act of 1990” substitute “Part
101 of the Ancient Monuments and Archaeological Areas Act 1979 or
the Planning (Listed Buildings and Conservation Areas) Act 1990”.

(3) After subsection (2A) insert—

(2AA) In relation to an actual or apprehended breach of planning control in
respect of relevant demolition, in section 187B of the Town and
15Country Planning Act 1990 (injunctions restraining breaches of
planning control) reference to a local planning authority includes
reference to the Commission.

(2AB) In subsection (2AA)—

Town and Country Planning Act 1990 (c. 8)Town and Country Planning Act 1990 (c. 8)

2 25The Town and Country Planning Act 1990 is amended as follows.

3 In section 171B (time limits for enforcement of breaches of planning control)
after subsection (2) insert—

(2A) There is no restriction on when enforcement action may be taken in
relation to a breach of planning control in respect of relevant
30demolition (within the meaning of section 196D).

4 In section 174 (appeal against enforcement notice) before subsection (3)
insert—

(2C) Where any breach of planning control constituted by the matters
stated in the notice relates to relevant demolition (within the
35meaning of section 196D), an appeal may also be brought on the
grounds that—

(a) the relevant demolition was urgently necessary in the
interests of safety or health;

(b) it was not practicable to secure safety or health by works of
40repair or works for affording temporary support or shelter;
and

(c) the relevant demolition was the minimum measure
necessary.

Enterprise and Regulatory Reform BillPage 223

5 After section 196C insert—

Conservation areas

196D Offence of failing to obtain planning permission for demolition of
unlisted etc buildings in conservation areas in England

(1) 5It is an offence for a person to carry out or cause or permit to be
carried out relevant demolition without the required planning
permission.

(2) It is also an offence for a person to fail to comply with any condition
or limitation subject to which planning permission for relevant
10demolition is granted.

(3) In this section “relevant demolition” means the demolition of a
building that—

(a) is situated in a conservation area in England; and

(b) is not a building to which section 74 of the Planning (Listed
15Buildings and Conservation Areas) Act 1990 does not apply
by virtue of section 75 of that Act (listed buildings, certain
ecclesiastical buildings, scheduled monuments and buildings
described in a direction of the Secretary of State under that
section).

(4) 20It is a defence for a person accused of an offence under this section to
prove the following matters—

(a) that the relevant demolition was urgently necessary in the
interests of safety or health;

(b) that it was not practicable to secure safety or health by works
25of repair or works for affording temporary support or shelter;

(c) that the relevant demolition was the minimum measure
necessary; and

(d) that notice in writing of the relevant demolition was given to
the local planning authority as soon as reasonably
30practicable.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not
exceeding 12 months or a fine or both;

(b) on conviction on indictment, to imprisonment for a term not
35exceeding 2 years or a fine or both.

(6) In relation to an offence committed before the coming into force of
section 154(1) of the Criminal Justice Act 2003, subsection (5)(a) has
effect as if the reference to 12 months were to 6 months.

(7) In relation to an offence committed before the coming into force of
40section 85(1) of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012, subsection (5)(a) has effect as if the reference to
a fine were a reference to a fine not exceeding £20,000.

(8) In determining the amount of any fine to be imposed on a person
convicted of an offence under this section, the court must in
45particular have regard to any financial benefit which has accrued or
appears likely to accrue to that person in consequence of the offence.

Enterprise and Regulatory Reform BillPage 224

(9) Where, after a person commits an offence under this section,
planning permission is granted for any development carried out
before the grant of the permission, that grant does not affect the
person’s liability for the offence.

5Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

6 The Planning (Listed Buildings and Conservation Areas) Act 1990 is
amended as follows.

7 (1) Section 1 (listing of buildings of special architectural or historic interest) is
amended as follows.

(2) 10In subsection (5) after “shall” insert “, subject to subsection (5A)(a),”.

(3) After subsection (5) insert—

(5A) In a list compiled or approved under this section, an entry for a
building situated in England may provide—

(a) that an object or structure mentioned in subsection (5)(a) or
15(b) is not to be treated as part of the building for the purposes
of this Act;

(b) that any part or feature of the building is not of special
architectural or historic interest.

8 (1) Section 6 (issue of certificate that building not intended to be listed) is
20amended as follows.

(2) Before subsection (1) insert—

(A1) The Secretary of State may, on the application of any person, issue a
certificate stating that the Secretary of State does not intend to list a
building situated in England.

(3) 25In subsection (1)(a) after “building” insert “situated in Wales”.

(4) In subsection (2) for “such a certificate” substitute “a certificate under
subsection (A1) or (1)”.

(5) In subsection (3) after “subsection” insert “(A1) or”.

9 After section 9 (offences) insert—

30Heritage partnership agreements

9A Heritage partnership agreements

(1) A relevant local planning authority may make an agreement under
this section (a “heritage partnership agreement”) with an owner of a
listed building, or a part of such a building, situated in England.

(2) 35Any 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) 40the Commission;

(d) any person who has an interest in the listed building;

Enterprise and Regulatory Reform BillPage 225

(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
5authority appropriate as having special knowledge of, or
interest in, the listed building or 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
10of specified works for the alteration or extension of the listed
building to which the agreement relates, and

(b) specifying any terms on which that consent is given and any
conditions attached to it.

(4) If a heritage partnership agreement contains provision under
15subsection (3), sections 10 to 28 (applications for listed building
consents etc) do not, subject to any regulations under section 9B(2)(f),
apply in relation to the specified works.

(5) The conditions that may, under subsection (3)(b), be attached to
listed building consent granted by a heritage partnership agreement
20in 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.

(6) A heritage partnership agreement may also—

(a) specify or describe works that would or would not, in the
25view 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) 30make 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
35services;

(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
40specified 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
45agreement.

(7) For the purposes of subsection (6)(g), each of the following is a
relevant public authority where a party to the heritage partnership
agreement—

(a) the Secretary of State;

Enterprise and Regulatory Reform BillPage 226

(b) the Commission;

(c) a relevant local planning authority.

(8) In this section—

9B 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
20intervals specified in the agreement;

(c) must make provision for its termination and variation;

(d) may relate to more than one listed building provided that an
owner of each building, or of part of each building, to which
the agreement relates is party to the agreement; and

(e) 25may 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
30agreements 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
35partnership 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,
40transitory, transitional or saving provision;

(f) applying or reproducing, with or without modifications, any
provision of sections 10 to 28 (applications for listed building
consent etc) for the purposes of heritage partnership
agreements.

(3) 45Regulations 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;

Enterprise and Regulatory Reform BillPage 227

(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) 5how the consultation must be carried out.

(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, on the terms and subject to
10the conditions upon which the consent is granted.

(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
15modify restrictive covenant) does not apply to a heritage partnership
agreement.

10 (1) Section 74 (control of demolition in conservation areas) is amended as
follows.

(2) In subsection (1) after the first “area” insert “in Wales”.

(3) 20After subsection (2) insert—

(2A) Sections 56, 66(1) and 90(2) to (4) have effect in relation to buildings
in conservation areas in England as they have effect in relation to
listed buildings, subject to such exceptions and modifications as may
be prescribed by regulations.

(4) 25In subsection (3) after “areas” insert “in Wales”.

(5) In subsection (4) for “Any such regulations” substitute “Regulations made
under subsection (3)”.

11 In section 75 (cases in which section 74 does not apply) in subsection (11)—

(a) for “that section”, in both places those words appear, substitute
30“section 74”, and

(b) after “43” insert “or section 196D of the principal Act (offence of
failing to obtain, or comply with, planning permission for demolition
of unlisted etc building in conservation area in England)”.

Application

12 35Paragraph 7 applies in relation to entries for buildings that are listed, or
entries that are amended, on or after the date on which that paragraph
comes into force.

Enterprise and Regulatory Reform BillPage 228

Section 55

SCHEDULE 17 Unnecessary regulation: miscellaneous

Part 1 Notification of TV sales etc

5Wireless Telegraphy Act 1967 (c. 72)Wireless Telegraphy Act 1967 (c. 72)

1 The Wireless Telegraphy Act 1967 (the remaining provisions of which make
provision for, and in connection with, the recording and notification of the
sale or hire of televisions etc) is repealed.

2 In consequence, the repeals in the following table have effect.

Short title and chapter 10Extent of repeal
Post Office Act 1969 (c. 48) Section 3.
Customs and Excise
Management Act 1979 (c. 2)
In paragraph 12 of Schedule 4, the entries in the
table relating to the Wireless Telegraphy Act
1967.
Broadcasting Act 1990 (c. 42) 15Section 180.
Part 2 of Schedule 18.
Communications Act 2003
(c. 21)
Section 367.
Section 393(5)(c).
Section 404(4)(d).
20In Schedule 17, paragraph 39.
Wireless Telegraphy Act 2006
(c. 36)
Section 111(6)(a).
Section 118(6)(a).
In Schedule 7, paragraph 2.

Saving provision

3 25The repeal of section 3 of the Post Office Act 1969 by paragraph 2 does not
affect the construction of any provision mentioned in subsection (1)(i) or (ii)
of that section that continues to have effect after the commencement of the
repeal.

Part 2 30Water undertakers: in-area ban

Water Industry Act

4 In section 2 of the Water Industry Act 1991 (general duties with respect to
water industry), omit subsection (3)(d)(iii) (duty of Secretary of State and the
35Water Services Regulation Authority where a licensed water supplier is
connected to a relevant undertaker).

Enterprise and Regulatory Reform BillPage 229

Part 3 Bankruptcy early discharge procedure

Insolvency Act 1986 (c. 45)Insolvency Act 1986 (c. 45)

5 In section 279 of the Insolvency Act 1986 (duration of bankruptcy), omit
5subsection (2) (bankrupt discharged early if official receiver files with the
court a notice stating that investigation of the conduct and affairs of the
bankrupt is unnecessary or concluded).

Section 59

SCHEDULE 18 Licensing of copyright and performers’ rights

10Part 1 Regulation of licensing bodies

1 In the Copyright, Designs and Patents Act 1988, before Schedule 1 insert—

Schedule A1 Regulation of licensing bodies

Codes of practice

1 (1) 15The Secretary of State may by regulations make provision for a
licensing body to be required to adopt a code of practice that
complies with criteria specified in the regulations.

(2) In relation to a licensing body that fails to adopt a code of practice
that it is required to adopt under provision within sub-paragraph
20(1), the regulations may provide for a code of practice approved by
the Secretary of State or by a person designated by the Secretary of
State under the regulations to have effect as a code of practice
adopted by the body.

2 Regulations under paragraph 1 may make provision as to
25conditions that are to be satisfied, and procedures that are to be
followed—

(a) before a licensing body is required to adopt a code of
practice as described in paragraph 1(1);

(b) before a code of practice has effect as one adopted by a
30licensing body as described in paragraph 1(2).

Licensing code ombudsman

3 (1) The Secretary of State may by regulations make provision—

(a) for the appointment of a person (the “licensing code
ombudsman”) to investigate and determine disputes
35about a licensing body’s compliance with its code of
practice;

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Contents page 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 230-235 Last page