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| | | ‘( ) | The reference in this section to the value of shares in a company is a |
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| | | reference to their market value within the meaning of the Taxation of |
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| | | Chargeable Gains Act 1992 (see sections 272 and 273 of that Act).”’. |
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| | Page 33, line 24 [Clause 25], at end insert— |
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| | | ‘( ) | After section 47F of the Employment Rights Act 1996 insert— |
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| | | “47G | Employee shareholder status |
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| | | (1) | An employee has the right not to be subjected to a detriment by any act, |
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| | | or any deliberate failure to act, by the employee’s employer done on the |
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| | | ground that the employee refused to accept an offer by the employer for |
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| | | the employee to become an employee shareholder (within the meaning of |
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| | | (2) | This section does not apply if the detriment in question amounts to |
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| | | dismissal within the meaning of Part 10.” |
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| | | ( ) | In section 48(1) of that Act (presentation of complaint to employment tribunal), |
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| | | for “or 47F” substitute “, 47F or 47G”.’. |
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| | Page 33, line 24 [Clause 25], at end insert— |
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| | | ‘( ) | After section 104F of the Employment Rights Act 1996 insert— |
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| | | “104G | Employee shareholder status |
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| | | An employee who is dismissed is to be regarded for the purposes of this |
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| | | Part as unfairly dismissed if the reason (or, if more than one, the principal |
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| | | reason) for the dismissal is that the employee refused to accept an offer |
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| | | by the employer for the employee to become an employee shareholder |
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| | | (within the meaning of section 205A).” |
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| | | ( ) | In section 108(3) of that Act (exceptions to provision on qualifying period of |
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| | | employment), after paragraph (gl) insert— |
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| | | “(gm) | section 104G applies,”.’. |
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| | Page 33, line 26 [Clause 25], leave out ‘205A(5A)’ and insert ‘205A(7) or (7A)’. |
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| | Page 45 [Schedule 4], leave out lines 21 to 27. |
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| | Page 45 [Schedule 4], leave out lines 38 to 47. |
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| | Page 46 [Schedule 4], leave out lines 27 to 34. |
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| | New Clause standing in the name of a minister of the crown and related |
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| | | Variation and replacement of pre-Planning Act 2008 consents |
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| | To move the following Clause:— |
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| | | ‘(1) | After section 237 of the Planning Act 2008 insert— |
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| | | “237A | Variation and replacement of section 33 consents: transitional |
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| | | (1) | This section applies where a section 33 consent (“the original consent”) |
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| | | has been given or made as a result of an application made before Part 4 |
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| | | (2) | Nothing in section 33 prevents the original section 33 consent, or a |
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| | | section 33 consent that replaces it, from being varied or replaced. |
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| | | (3) | Subsection (5) applies if the original consent, or a section 33 consent that |
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| | | replaces it, is varied or replaced, and the remaining development is |
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| | | development for which development consent would otherwise be |
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| | | |
| | | (4) | “The remaining development”— |
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| | | (a) | in a case where the consent is varied, is the development to which |
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| | | the consent as varied relates, to the extent it has not already been |
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| | | |
| | | (b) | in a case where the consent is replaced, is the development to |
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| | | which the replacement consent relates, to the extent it has not |
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| | | already been carried out. |
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| | | (5) | Section 31 does not apply to the remaining development (and so |
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| | | development consent is not required for it). |
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| | | (6) | A section 33 consent replaces an earlier section 33 consent for the |
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| | | purposes of this section if (but only if)— |
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| | | (a) | it is granted or made on an application for consent for |
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| | | development without complying with conditions subject to |
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| | | which the earlier section 33 consent was granted or made, and |
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| | | (b) | it is granted subject to, or made on, different conditions, or |
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| | | |
| | | (7) | In this section “section 33 consent” means a consent, authorisation, order, |
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| | | notice or scheme mentioned in section 33(1), (2) or (4).” |
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| | | (2) | This section is deemed to have had effect since Part 4 of the Planning Act 2008 |
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| | Page 18 [Clause 18], leave out lines 40 and 41. |
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| | Page 19, line 25 [Clause 18], leave out subsection (3). |
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| | Page 19, line 41 [Clause 19], leave out ‘Before subsection (2) insert’ and insert |
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| | ‘For subsection (2) substitute’. |
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| | Page 19, line 42 [Clause 19], leave out ‘(1A)’ and insert ‘(2)’. |
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| | Page 19, line 44 [Clause 19], after ‘England’, insert ‘or Wales’. |
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| | Page 20, line 5 [Clause 19], leave out ‘(1B)’ and insert ‘(2ZA)’. |
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| | Page 20, line 6 [Clause 19], after ‘England’, insert ‘or Wales’. |
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| | Page 20, line 8 [Clause 19], leave out ‘(1A)’ and insert ‘(2)’. |
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| | Page 20, line 10 [Clause 19], leave out ‘(1A) or’. |
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| | Page 20, line 20 [Clause 19], leave out subsection (3). |
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| | Page 20, line 23 [Clause 19], leave out ‘subsections (1A) and’ and insert |
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| | Page 20, line 23 [Clause 19], leave out ‘references’ and insert ‘reference’. |
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| | Page 20, line 24 [Clause 19], leave out ‘do’ and insert ‘does’. |
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| | Page 20, line 27 [Clause 19], after ‘England’, insert ‘or Wales’. |
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| | Page 20, line 28 [Clause 19], after ‘England’, insert ‘or Wales’. |
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| | Page 29, line 13 [Clause 23], at end insert— |
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| | | ‘(aa) | the development does not involve surface mineral extraction or |
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| | Page 29, line 16 [Clause 23], leave out ‘thinks’ and insert ‘considers that, subject |
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| | Page 29, line 23 [Clause 23], at end insert— |
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| | | ‘(2A) | For the purposes of subsection (2) a project (or proposed project) in the field |
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| | | of energy shall not include— |
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| | | (2B) | Opencast mining means the working of coal by opencast operations pursuant |
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| | | to opencast planning permission and the carrying out of operations incidental |
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| | | |
| | | (2C) | Solar farms means ground-mounted arrays of solar photovoltaic modules |
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| | | which convert incident sunlight directly to electricity.’. |
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| | Page 29, line 39 [Clause 23], at end insert— |
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| | | ‘(6) | The Secretary of State must prepare and lay before Parliament a proposal for a |
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| | | national policy statement, setting out national policy in relation to this section.’. |
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| | Page 31, line 16 [Clause 23], at end insert— |
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| | | ‘(3A) | In section 105 (decisions in cases where no national policy statement has effect) |
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| | | after subsection (2)(c) insert “and in the case of a business or commercial |
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| | | development project shall make the decision in accordance with the relevant local |
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| | new clause standing in the name of a minister of the crown and related |
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| | | Power to postpone compilation of Welsh rating lists |
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| | To move the following Clause:— |
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| | | ‘(1) | Before section 55 of the Local Government Finance Act 1988 (but after the italic |
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| | | heading before that section) insert— |
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