Session 2012-2013
Internet Publications
Other Bills before Parliament
House of Commons Tuesday 16 October 2012
Report Stage Proceedings
Enterprise and Regulatory Reform Bill , As Amended
NEW CLAUSES relating to civil liability for the breach of health and
safety duties
Civil liability for breach of health and safety duties
Secretary Vince Cable
Added on divisionNC14
To move the following Clause:—
‘( 1)
Section 47 of the Health and Safety at Work etc. Act 1974 (civil liability) is
amended as set out in subsections (2) to (7).
(2)
In subsection (1), omit paragraph (b) (including the “or” at the end of that
paragraph).
(3) For subsection (2) substitute—
“(2)
Breach of a duty imposed by a statutory instrument containing (whether
alone or with other provision) health and safety regulations shall not be
actionable except to the extent that regulations under this section so
provide.
(2A)
Breach of a duty imposed by an existing statutory provision shall not be
actionable except to the extent that regulations under this section so
provide (including by modifying any of the existing statutory
provisions).
(2B)
Regulations under this section may make provision about the extent to
which breach of a duty imposed by other health and safety legislation is
actionable (including by modifying that legislation).
(2C)
The reference in subsection (2B) to “other health and safety legislation”
is to—
(a)
any provision of an enactment which relates to any matter
relevant to any of the general purposes of this Part but is not
among the relevant statutory provisions; and
(b)
any provision of an instrument made or having effect under any
such enactment as is mentioned in paragraph (a) other than a
provision of a statutory instrument that contains (with other
provision) health and safety regulations.
(2D) Regulations under this section may include provision for—
(a)
a defence to be available in any action for breach of the duty
mentioned in subsection (2), (2A) or (2B);
(b)
any term of an agreement which purports to exclude or restrict
any liability for such a breach to be void.
(4)
In subsection (3), omit the words from “, whether brought by virtue of subsection
(2)” to the end.
(5) In subsection (4)—
(a) for “and (2)” substitute “, (2) and (2A)”, and
(b) for “(3)” substitute “(2D)(a)”.
(6) Omit subsections (5) and (6).
(7) After subsection (6) insert—
“(7)
The power to make regulations under this section shall be exercisable by
the Secretary of State.
(8)
The Secretary of State must obtain the consent of the Welsh Ministers
before making any regulations by virtue of subsection (2B) that contain
provision which would be within the legislative competence of the
National Assembly for Wales if it were contained in an Act of the
Assembly.
(8)
In section 82 of the Health and Safety at Work etc. Act 1974 (general provisions
as to regulations)—
(a) in subsection (3), after “subsection (4)” insert “or (5)”, and
(b) after subsection (4) insert—
“(5)
A statutory instrument containing (whether alone or with other
provision) regulations made by virtue of section 47(2B) shall not
be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
(9)
Where, on the commencement of this section, there is in force an Order in Council
made under section 84(3) of the Health and Safety at Work etc. Act 1974 that
applies to matters outside Great Britain any of the provisions of that Act that are
amended by this section, that Order is to be taken as applying those provisions as
so amended.
(10)
The amendments made by this section do not apply in relation to breach of a duty
which it would be within the legislative competence of the Scottish Parliament to
impose by an Act of that Parliament.
(11)
The amendments made by this section do not apply in relation to breach of a duty
where that breach occurs before the commencement of this section.’.
New Clauses and new schedules relating to the determination of
bankruptcy applications by adjudicators
Adjudicators
Secretary Vince Cable
AddedNC16
To move the following Clause:—
‘( 1)
In Part 14 of the Insolvency Act 1986 (public administration (England and
Wales)), before section 399 and the cross-heading which precedes it insert—
Adjudicators
Appointment etc of adjudicators and assistants
398A.(1) The Secretary of State may appoint persons to the office of adjudicator.
(2) A person appointed under subsection (1)—
(a)
is to be paid out of money provided by Parliament such salary as
the Secretary of State may direct,
(b)
holds office on such other terms and conditions as the Secretary
of State may direct, and
(c)
may be removed from office by a direction of the Secretary of
State.
(3)
A person who is authorised to act as an official receiver may not be
appointed under subsection (1).
(4)
The Secretary of State may appoint officers of the Secretary of State’s
department to assist adjudicators in the carrying out of their functions.
(2)
In Part 9 of that Act (bankruptcy), before Chapter 1 insert the Chapter set out in
Schedule [Adjudicators: bankruptcy applications by debtors and bankruptcy
orders] (adjudicators: bankruptcy applications by debtors and bankruptcy
orders).
(3)
Schedule [Adjudicators: minor and consequential amendments] (adjudicators:
minor and consequential amendments) has effect.’.
Secretary Vince Cable
AddedNS2
Schedule 1
‘Adjudicators: bankruptcy applications by debtors and bankruptcy orders
Adjudicators: bankruptcy applications by debtors and bankruptcy
orders
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.
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.
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
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.
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”).
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.
Making of bankruptcy order
(1)
This section applies where an adjudicator makes a bankruptcy order as
a result of a bankruptcy application.
(2) The order must be made in the prescribed form.
(3) The adjudicator must—
(a) give a copy of the order to the debtor, and
(b)
give notice of the order to persons of such description as may
be prescribed.
Refusal to make a bankruptcy order: review and appeal etc.
(1)
Where an adjudicator refuses to make a bankruptcy order on a
bankruptcy application, the adjudicator must give notice to the
debtor—
(a) giving the reasons for the refusal, and
(b) explaining the effect of subsections (2) to (5).
(2)
If requested by the debtor before the end of the prescribed period, the
adjudicator must review the information which was available to the
adjudicator when the determination that resulted in the refusal was
made.
(3) Following a review under subsection (2) the adjudicator must—
(a) confirm the refusal to make a bankruptcy order, or
(b) make a bankruptcy order against the debtor.
(4)
Where the adjudicator confirms a refusal under subsection (3), the
adjudicator must give notice to the debtor—
(a) giving the reasons for the confirmation, and
(b) explaining the effect of subsection (5).
(5)
If the refusal is confirmed under subsection (3), the debtor may appeal
against the refusal to the court before the end of the prescribed period.
False representations and omissions
(1)
It is an offence knowingly or recklessly to make any false
representation or omission in—
(a) making a bankruptcy application to an adjudicator, or
(b)
providing any information to an adjudicator in connection
with a bankruptcy application.
(2)
It is an offence knowingly or recklessly to fail to notify an adjudicator
of a matter in accordance with a requirement imposed by or under this
Part.
(3)
It is immaterial for the purposes of an offence under this section
whether or not a bankruptcy order is made as a result of the
application.
(4)
It is not a defence in proceedings for an offence under this section that
anything relied on, in whole or in part, as constituting the offence was
done outside England and Wales.
(5) Proceedings for an offence under this section may only be instituted—
(a) by the Secretary of State, or
(b)
by or with the consent of the Director of Public Prosecutions.”
’.
Secretary Vince Cable
AddedNS3
Schedule 1
‘Adjudicators: minor and consequential amendments
The Insolvency Act 1986 is amended in accordance with this Schedule.
In section 253 (application for interim order), omit subsection (5).
In section 255 (cases in which interim order can be made), in subsection (1)(b)
for “petition for his own bankruptcy” substitute “make a bankruptcy
application”.
(1) Section 256A (debtor’s proposal and nominee’s report) is amended as follows.
(2) In subsection (1) omit the words from “unless” to the end.
(3)
In subsection (3) for “petition for his own bankruptcy” substitute “make a
bankruptcy application”.
For the heading to Chapter 1 of Part 9 substitute “The court: bankruptcy
petitions and bankruptcy orders”.
In section 264 (who may present a bankruptcy petition), in subsection (1) omit
paragraph (b).
For section 265 (conditions to be satisfied in respect of debtor) substitute—
Creditor’s petition: debtors against whom the court may make a
bankruptcy order
(1)
A bankruptcy petition may be presented to the court under section
264(1)(a) 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 petition is presented, 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.
In section 266 (bankruptcy petitions: other preliminary conditions), in
subsection (4) omit “, (b)”.
(1)
Sections 272 to 274A (and the cross-heading immediately preceding those
sections) (debtor’s petition) are repealed.
(2)
In consequence of the repeal of section 274A by paragraph (1), omit paragraph
3 of Schedule 20 to Tribunals Courts and Enforcement Act 2007 (debt relief
Orders: consequential amendments).
For the cross-heading immediately before section 278 substitute—
CHAPTER 1
Commencement and duration of bankruptcy
In section 278 (commencement and continuance), in paragraph (b) (discharge
of bankruptcy order) omit “the following provisions of”.
In section 279 (duration of bankruptcy), in subsection (6) for “adjudged”
substitute “made”.
In section 282 (court’s power to annul bankruptcy order), in subsection (2)—
(a) omit “, (b)”,
(b) after “section 264(1)” insert “or on a bankruptcy application”, and
(c)
in paragraph (a) after “pending” insert “or the application was
ongoing”.
In section 283 (definition of bankrupt’s estate), in subsection (5)(a) for
“adjudged” substitute “made”.
(1) Section 284 (restrictions on dispositions of property) is amended as follows.
(2) In subsection (1) for “adjudged” substitute “made”.
(3)
In subsection (3) for “presentation of the petition for the bankruptcy order”
substitute “making of the bankruptcy application or (as the case may be) the
presentation of the bankruptcy petition”.
(4)
In subsection (4), in paragraph (a) before “petition” insert “bankruptcy
application had been made or (as the case may be) that the bankruptcy”.
(1) Section 285 (restriction on proceedings and remedies) is amended as follows.
(2) In subsection (1)—
(a)
after “when” insert “proceedings on a bankruptcy application are
ongoing or”, and
(b) for “adjudged” substitute “made”.
(3)
In subsection (2) after “proof that” insert “a bankruptcy application has been
made or”.
(1) Section 286 is amended as follows.
(2) Omit subsection (2).
(3) In subsection (8), for “adjudged” substitute “made”.
In section 288 (statement of affairs), in subsection (1) for “debtor’s petition”
substitute “bankruptcy application”.
In section 290 (public examination of bankrupt), in subsection (4)(a) for
“adjudged” substitute “made”.
(1)
Section 297 (appointment of trustee of bankrupt’s estate: special cases) is
amended as follows.
(2) Omit subsection (4).
(3) In subsection (6) omit “(4) or”.
(1) Section 320 (court order vesting disclaimed property) is amended as follows.
(2)
In subsection (2)(c) before “bankruptcy” insert “bankruptcy application was
made or (as the case may be) the”.
(3)
In subsection (3)(c) before “bankruptcy” insert “bankruptcy application was
made or (as the case may be) the”.
In section 321 (orders under section 320 in respect of leaseholds), in subsection
(1)(a) before “bankruptcy” insert “bankruptcy application was made or (as the
case may be) the”.
In section 323 (mutual credit and set-off), in subsection (3) before “a
bankruptcy” insert “proceedings on a bankruptcy application relating to the
bankrupt were ongoing or that”.
In section 334 (stay of distribution in case of second bankruptcy), in subsection
(2) before “presentation of the petition” insert “making of the application or (as
the case may be) the”.
(1)
Section 336 (rights of occupation etc of bankrupt’s spouse or civil partner) is
amended as follows.
(2)
In subsection (1) for “presentation of the petition for the bankruptcy order”
substitute “making of the bankruptcy application or (as the case may be) the
presentation of the bankruptcy petition”.
(3) In subsection (2) for “adjudged” substitute “made”.
In section 337 (rights of occupation of bankrupt), in subsection (1)—
(a) in paragraph (a) for “adjudged” substitute “made”, and
(b)
in paragraph (b) before “bankruptcy petition” insert “bankruptcy
application was made or (as the case may be) the”.
In section 339 (transactions at an undervalue), in subsection (1) for “adjudged”
substitute “made”.
In section 340 (preferences), in subsection (1) for “adjudged” substitute
“made”.
In section 341 (meaning of “relevant time” under sections 339 and 340), in
subsection (1)(a) for “presentation of the bankruptcy petition on which the
individual is adjudged” substitute “making of the bankruptcy application as a
result of which, or (as the case may be) the presentation of the bankruptcy
petition on which, the individual is made”.
(1) Section 342 (orders under sections 339 and 340) is amended as follows.
(2) In subsection (1) for “adjudged” substitute “made”.
(3) In subsection (5)—
(a) for paragraph (a) substitute—
“(a)
of the fact that the bankruptcy application as a result
of which, or (as the case may be) the bankruptcy
petition on which, the individual in question is made
bankrupt has been made or presented; or
(b) in paragraph (b) for “adjudged” substitute “made”.
In section 342A (recovery of excessive pension contributions), in subsection
(1) for “adjudged” substitute “made”.
In section 343 (extortionate credit transactions), in subsection (1) for
“adjudged” substitute “made”.
(1)
Section 344 (avoidance of general assignment of book debts) is amended as
follows.
(2) In subsection (1) for “adjudged” substitute “made”.
(3)
In subsection (2) before “presentation” insert “making of the bankruptcy
application or (as the case may be) the”.
In section 345 (contracts to which bankrupt is a party), in subsection (1) for
“adjudged” substitute “made”.
(1) Section 346 (enforcement procedures) is amended as follows.
(2) In subsections (1) and (2) for “adjudged” substitute “made”.
(3) In subsection (3)—
(a)
in paragraph (b) before “bankruptcy” insert “bankruptcy application
has been made or a”, and
(b)
in paragraph (c) before “on that petition” insert “as a result of that
application or”.
(4)
In subsection (4)(a) after “while” insert “proceedings on a bankruptcy
application are ongoing or (as the case may be)”.
(1) Section 347 (distress, etc) is amended as follows.
(2) In subsection (2)—
(a) after “individual to whom” insert “a bankruptcy application or”, and
(b) before “on that petition” insert “as a result of that application or”.
(3) In subsection (3) for “adjudged” substitute “made”.
In section 348 (apprenticeships, etc), in subsection (1)(a) for “petition on
which the order was made” substitute “application for the order was made or
(as the case may be) the petition for the order”.
In section 350 (application of Chapter 6 of Part 9: bankruptcy offences), in
subsection (1) after “applies” insert “—
“(a)
where an adjudicator has made a bankruptcy order as a result
of a bankruptcy application, or
(b)
(1)
Section 351 (definitions for the purposes of Chapter 6 of Part 9) is amended as
follows.
(2)
In paragraph (b) before “presentation” insert “making of the bankruptcy
application or (as the case may be) the”.
(3) Omit paragraph (c), and the preceding “and”.
(1) Section 354 (concealment of property) is amended as follows.
(2)
In subsection (1)(c) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.
(3)
In subsection (3)(a) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.
(1)
Section 355 (concealment of books and papers; falsification) is amended as
follows.
(2)
In subsection (2)(d) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.
(3)
In subsection (3)(b) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.
In section 356 (false statements), in subsection (2)(c) before “petition” insert
“the making of the bankruptcy application or (as the case may be) the
presentation of the bankruptcy”.
In section 358 (absconding), in paragraph (b) before “petition” insert “the
making of the bankruptcy application or (as the case may be) the presentation
of the bankruptcy”.
(1)
Section 359 (fraudulent dealing with property obtained on credit) is amended
as follows.
(2)
In subsection (1) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.
(3)
In subsection (2) before “petition” insert “the making of the bankruptcy
application or (as the case may be) the presentation of the bankruptcy”.
In section 360 (obtaining credit and engaging in business), in subsection (1)(b)
for “adjudged” substitute “made”.
(1) Section 364 (power of arrest) is amended as follows.
(2) In subsection (1)(a) after “to whom a” insert “bankruptcy application or a”.
(3)
In subsection (2) before “presentation” insert “making of the bankruptcy
application or the”.
In section 376 (time limits), after “anything” insert “(including anything in
relation to a bankruptcy application)”.
(1)
Section 381 (definition of “bankrupt” and associated terminology) is amended
as follows.
(2)
In subsection (1) for “adjudged” (in both places where it occurs) substitute
“made”.
(3) After subsection (1) insert—
“(1A)
Bankruptcy application” means an application to an adjudicator for a
bankruptcy order.
(4) In subsection (2) for “adjudging” substitute “making”.
In section 383 (definition of “creditor” etc.), in subsection (1)(b)—
(a) after “to whom a” insert “bankruptcy application or”, and
(b) after “that” insert “application or”.
In section 384 (definitions of “prescribed” and “the rules”), in subsection (1)
omit “section 273;”.
In section 385 (miscellaneous definitions), in subsection (1)—
(a) before the definition of “the court” insert—
“adjudicator” means a person appointed by the Secretary of State
under section 398A;
(b) in the definition of “the debtor”, in paragraph (b)—
(i)
before “bankruptcy petition” insert “bankruptcy application
or a”, and
(ii) after “to whom the” insert “application or”,
(c) omit the definition of “debtor’s petition”, and
(d) before the definition of “dwelling house” insert—
determination period” has the meaning given in section 263K(4);
In section 387 (meaning of “the relevant date”), in subsection (6)(a) after
“after” insert “the making of the bankruptcy application or (as the case may
be)”.
In section 389A (authorisation of nominees and supervisors), in subsection
(3)(a) for “adjudged” substitute “made”.
In section 390 (persons not qualified to act as insolvency practitioners), in
subsection (4)(a) for “adjudged” substitute “made”.
In section 421A (insolvent estates: joint tenancies), in subsection (9) in the
definition of “value lost to the estate”, for “adjudged” substitute “made”.
In section 424 (who may apply for an order under section 423 in respect of
transactions entered into at an undervalue), in subsection (1)(a) for “adjudged”
substitute “made”.
In Schedule 4ZA (conditions for making a debt relief order), for paragraph 3
substitute—
A bankruptcy application under Part 9—
(a) has not been made before the determination date; or
(b)
has been so made, but proceedings on the application have
been finally disposed of before that date.
(1)
In Schedule 4A (bankruptcy restrictions orders), paragraph 2 is amended as
follows.
(2) In sub-paragraph (2)—
(a)
in paragraph (a), for the words from “petition” to the end substitute
“the making of the bankruptcy application or (as the case may be) the
presentation of the bankruptcy petition and ending with the date of the
application for the bankruptcy restrictions order”, and
(b)
in paragraph (j), for “presentation of the petition” substitute “the
making of the bankruptcy application or (as the case may be) the
presentation of the bankruptcy petition”.
(3) In sub-paragraph (4) omit the definition of “before petition”.
In Schedule 6 (categories of preferential debts), in paragraph 14(1) for
“adjudged” substitute “made”.
(1)
Schedule 9 (provisions capable of inclusion in individual insolvency rules) is
amended as follows.
(2) After paragraph 4 insert—
Adjudicators
Provision for regulating the practice and procedure of adjudicators.
Provision about the form and content of a bankruptcy application
(including an application for a review of an adjudicator’s
determination).
(3) After paragraph 4B (as inserted by sub-paragraph (2)) insert—
Appeals against determinations by adjudicators
Provision about the making and determining of appeals to the court
against a determination by an adjudicator, including provision—
(a)
enabling the court to make a bankruptcy order on such an
appeal, and
(b) about where such appeals lie.
(4) After paragraph 24 insert—
Provision requiring official receivers—
(a)
to keep files and other records relating to bankruptcy
applications, and
(b)
to make those files and records available for inspection by
persons of a prescribed description.
(1)
In the Table in Schedule 10 (punishment of offences), insert the following
entry after the entry relating to section 262A(1)—
| 263O | False representations or omissions in connection with a bankruptcy application. |
1. On indictment 2. Summary |
1. 7 years or a fine, or both. 2. 12 months or the statutory maximum, or 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
Added on divisionNC12
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
Power to provide for equal pay audits
Secretary Vince Cable
AddedNC17
To move the following Clause:—
‘( 1) The Equality Act 2010 is amended as follows.
(2) After section 139 insert—
Equal pay audits
139A.
(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—
New Clauses relating to the regulation of estate agents
Estate agency work
Secretary Vince Cable
AddedNC15
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
AddedNC9
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
Heritage partnership agreements
26A.
(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;
(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—
“owner”, in relation to a listed building or a part of such a building, means
a person who is for the time being —
the estate owner in respect of the fee simple in the building or
part; or
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.
Heritage partnership agreements: supplemental
26B.(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.
(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
Listed building consent orders
26C.
(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.
Local listed building consent orders
26D.
(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
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.
Powers of Secretary of State in relation to local orders
26E.
(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.
(5) The Secretary of State—
(a)
may approve or reject an order or part of an order submitted
under subsection (2)(a);
(b) must give reasons for that decision.
(6) The Secretary of State—
(a)
may at any time before a local listed building consent order is
adopted by the local planning authority, direct them to modify it
in accordance with the direction;
(b) must give reasons for any such direction.
(7) The local planning authority—
(a) must comply with a direction under subsection (6);
(b)
must not adopt the order unless the Secretary of State gives
notice of being satisfied that they have complied with the
direction.
(8) The Secretary of State—
(a)
may at any time by order revoke a local listed building consent
order if of the opinion that it is expedient to do so;
(b) must give reasons for doing so.
(9) The Secretary of State—
(a)
must not make an order under subsection (8) without consulting
the local planning authority;
(b)
if proposing to make such an order, must serve notice on the local
planning authority.
(10)
A notice under subsection (9)(b) must specify the period (which must not
be less than 28 days from the date of its service) within which the
authority may require an opportunity of appearing before and being heard
by a person appointed by the Secretary of State for the purpose.
(11)
The Secretary of State must give the authority such an opportunity if they
require it within the period specified in the notice.
Considerations in making orders
26F.
(1)
In considering whether to make a listed building consent order or local
listed building consent order the Secretary of State or local planning
authority must have special regard to the desirability of preserving—
(a) listed buildings of a description to which the order applies,
(b) their setting, or
(c)
any features of special architectural or historic interest which
they possess.
(2)
Before making a listed building consent order the Secretary of State must
consult the Commission.
Effect of revision or revocation of order on incomplete works
26G.
(1)
A listed building consent order or local listed building consent order may
include provision permitting the completion of works if—
(a)
listed building consent is granted by the order in respect of the
works, and
(b)
the listed building consent is withdrawn after the works are
started but before they are completed.
(2) Listed building consent granted by an order is withdrawn—
(a) if the order is revoked;
(b)
if the order is varied or (in the case of a local listed building
consent order) revised so that it ceases to grant listed building
consent in respect of the works or materially changes any
condition or limitation to which the grant of listed building
consent is subject;
(c)
if a direction applying to the listed building is issued under
powers conferred under section 26C(5) or 26D(6).
(4) After section 28 insert—
Compensation where consent formerly granted by order is granted
conditionally or refused
(1) Section 28 also has effect (subject to subsections (2) and (3)) where—
(a)
listed building consent granted by a listed building consent order
or a local listed building consent order is withdrawn (whether by
the revocation or amendment of the order or by the issue of a
direction), and
(b)
on an application for listed building consent made within the
prescribed period after the withdrawal, consent for works
formerly authorised by the order is refused or is granted subject
to conditions other than those imposed by the order.
(2) Section 28 does not have effect by virtue of subsection (1) if—
(a)
the works authorised by the order were started before the
withdrawal, and
(b)
the order included provision in pursuance of section 26G
permitting the works to be completed after the withdrawal.
(3) Section 28 does not have effect by virtue of subsection (1) if—
(a)
notice of the withdrawal was published in the prescribed manner
and within the prescribed period before the withdrawal, and
(b)
the works authorised by the order were not started before the
notice was published.
(4)
Where section 28 has effect by virtue of subsection (1), references in
section 28(2) and (3) to the revocation or modification of listed building
consent are references to the withdrawal of the listed building consent by
revocation or amendment of the order or by issue of the direction.
(5)
Schedule [Local listed building consent orders: procedure] (which inserts
Schedule 2A to the Planning (Listed Buildings and Conservation Areas) Act
1990) has effect.’.
Listed buildings in England: certificates of lawfulness
Secretary Vince Cable
AddedNC10
To move the following Clause:—
‘( 1)
In the Planning (Listed Buildings and Conservation Areas) Act 1990 after section
26G insert—
Buildings in England: certificates of lawfulness
Certificate of lawfulness of proposed works
26H.
(1)
A person who wishes to ascertain whether proposed works for the
alteration or extension of a listed building in England would be lawful
may make an application to the local planning authority specifying the
building and describing the works.
(2)
For the purposes of this section works would be lawful if they would not
affect the character of the listed building as a building of special
architectural or historic interest.
(3)
If on an application under this section the local planning authority are
provided with information satisfying them that the works described in the
application would be lawful at the time of the application, they must issue
a certificate to that effect; and in any other case they must refuse the
application.
(4) A certificate under this section must—
(a) specify the building to which it relates;
(b) describe the works concerned;
(c)
give the reasons for determining that the works would be lawful;
and
(d) specify the date of the application for the certificate.
(5)
The lawfulness of any works for which a certificate is in force under this
section is to be conclusively presumed unless there is a material change,
before the works are begun, in any of the matters relevant to determining
their lawfulness.
Certificates under section 26H: supplementary
26I.
(1)
An application for a certificate under section 26H must be made in such
manner as may be prescribed by regulations under this Act.
(2)
An application must include such particulars, and be verified by such
evidence, as may be required—
(a) by the regulations,
(b) by any directions given under the regulations, or
(c) by the local planning authority.
(3)
Regulations under this Act may make provision about how applications
for a certificate under section 26H are to be dealt with by local planning
authorities.
(4) In particular, regulations may provide for requiring the authority—
(a)
to give to any applicant within a prescribed period such notice as
may be prescribed as to the manner in which the application has
been dealt with; and
(b)
to give to the Secretary of State, and to such other persons as may
be prescribed, prescribed information with respect to such
applications made to the authority, including information as to
the manner in which any application has been dealt with.
(5) A certificate under section 26H may be issued--
(a)
for the whole or part of the listed building specified in the
application; and
(b) for all or part of the works described in the application;
and must be in such form as may be prescribed.
(6)
A local planning authority may revoke a certificate under section 26H if,
on the application for the certificate—
(a)
a statement was made or document used which was false in a
material particular; or
(b) any material information was withheld.
(7)
Regulations under this section may make provision for regulating the
manner in which certificates may be revoked and the notice to be given
of such revocation.
Offences
26J.
(1)
A person is guilty of an offence if, for the purpose of procuring a
particular decision on an application (whether or not by that person) for
the issue of a certificate under section 26H, the person—
(a)
knowingly or recklessly makes a statement which is false or
misleading in a material particular;
(b)
with intent to deceive, uses any document which is false or
misleading in a material particular; or
(c) with intent to deceive, withholds any material information.
(2) A person guilty of an offence under subsection (1) is liable—
(a)
on summary conviction, to a fine not exceeding the statutory
maximum; or
(b)
on conviction on indictment, to imprisonment for a term not
exceeding two years, or a fine, or both.
(3)
Notwithstanding section 127 of the Magistrates’ Courts Act 1980, a
magistrates’ court may try an information in respect of an offence under
subsection (1) whenever laid.
Appeals against refusal or failure to give decision on application
26K.
(1)
Where an application is made to a local planning authority for a
certificate under section 26H and—
(a) the application is refused or is refused in part, or
(b)
the authority do not give notice to the applicant of their decision
on the application within such period as may be prescribed by an
order under section 26I or within such extended period as may at
any time be agreed in writing between the applicant and the
authority,
the applicant may by notice appeal to the Secretary of State.
(2) A notice of appeal under this section—
(a)
must be served within such time and in such manner as may be
prescribed by an order made by the Secretary of State;
(b)
must be accompanied by such information as may be prescribed
by such an order.
(3)
The time prescribed for the service of a notice of appeal under this section
must not be less than—
(a)
28 days from the date of notification of the decision on the
application; or
(b) in the case of an appeal under subsection (1)(b), 28 days from—
(i)
the end of the period prescribed as mentioned in
subsection (1)(b), or
(ii)
as the case may be, the extended period mentioned in
subsection (1)(b).
(4)
On an appeal under this section, the Secretary of State must grant the
appellant a certificate under section 26H or, in the case of a refusal in
part, modify the certificate granted by the authority on the application, if
and so far as the Secretary of State is satisfied—
(a)
in the case of an appeal under subsection (1)(a), that the
authority’s refusal is not well-founded, or
(b)
in the case of an appeal under subsection (1)(b), that if the
authority had refused the application their refusal would not have
been well-founded.
(5)
If and so far as the Secretary of State is satisfied that the authority’s
refusal is or, as the case may be, would have been well-founded, the
Secretary of State must dismiss the appeal.
(6)
Where the Secretary of State grants a certificate under section 26H on an
appeal under this section, the Secretary of State must give notice to the
local planning authority of that fact.
(7)
References in this section to a refusal of an application in part include a
modification or substitution of the description in the application of the
works concerned.
(8) Schedule 3 applies to an appeal under this section.
Secretary Vince Cable
AddedNS1
Schedule 1
‘Local listed Building consent orders: procedure
In the Planning (Listed Buildings and Conservation Areas) Act 1990, after
Schedule 2 insert—
Schedule 2A
Local listed building consent orders: procedure
Section 26D
Preparation
(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
(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
A local listed building consent order is of no effect unless it is
adopted by resolution of the local planning authority.
Annual report
(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.
Secretary Vince Cable
Agreed to48
Schedule 16, Page 224, line 29, leave out paragraph 9.
Secretary Vince Cable
Agreed to49
Schedule 16, Page 227, line 16, at end insert—
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—
Secretary Vince Cable
Agreed to50
Schedule 16, Page 227, line 33, at end insert—
In section 82(3) (application of Act to land and works of local planning
authorities) for “to 29” substitute “to 26, 28, 29”.
In section 82A(2) (application to the Crown), after paragraph (c) insert—
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—
Osborne estate
Secretary Vince Cable
AddedNC11
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.’.