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| Page 36, line 2, leave out Schedule 1. |
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| | Page 6, line 4 [Clause 6], after ‘(1)’, insert ‘Subject to subsection (1A),’. |
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| | Page 6, line 5 [Clause 6], at end insert— |
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| | | ‘(1A) | This section does not apply to any planning obligation relating to development— |
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| | | (b) | in an area designated as an area of outstanding natural beauty, |
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| | | (c) | in an area designated as a rural area pursuant to section 157 of the |
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| | | (d) | for which planning permission was granted by a neighbourhood |
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| | | Page 6, line 18 [Clause 6], leave out ‘means’ and insert ‘is assessed by the local |
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| | authority to be the foremost reason.’. |
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| | | Page 6, line 24 [Clause 6], at end insert— |
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| | | ‘(3A) | The Secretary of State shall make an order by Statutory Instrument setting out the |
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| | | criteria by which viability is to be assessed. |
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| | | (3B) | An order shall not be made under subsection (3A) unless he has consulted those |
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| | | persons or organisations he considers to be appropriate and a draft of the Order |
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| | | has been laid before, and approved by resolution of, both Houses of Parliament.’. |
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| | | Page 6, line 40 [Clause 6], at end insert ‘or, |
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| | | (e) | request that the requirement is to be met in part, or in full, by central |
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| | | government funding allocated for the delivery of affordable homes.’. |
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| | | Page 7, line 8 [Clause 6], at end insert— |
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| | | ‘(7A) | Where the local authority has reasonable grounds to believe that the value of the |
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| | | land, on which planning consent with a planning obligation that contains an |
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| | | affordable housing requirement is placed, has risen and the original obligation has |
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| | | not been reasonably met at the end of one year they may— |
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| | | (a) | determine that the requirement is to have effect subject to modifications, |
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| | | (b) | determine that the requirment is to be replaced with a different affordable |
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| | | (c) | determine that the requirement will be subject to review within a given |
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| | | Page 7, line 31 [Clause 6], after ‘market’, insert ‘but not including requirements for |
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| | land on the site to be reserved and transferred at nil cost to a local planning authority or |
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| | registered provider of social housing.’. |
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| | | Page 10, line 31 [Clause 8], leave out ‘economic growth in the United Kingdom’ |
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| | and insert ‘sustainable development and economic growth in the United Kingdom through |
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| | the Government’s broadband programme.’. |
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| | Page 11, line 31 [Clause 8], at end insert— |
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| | | ‘( ) | At the end of section 14 of the National Parks (Scotland) Act 2000 (asp 10) |
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| | | (public authorities’ duty to have regard to National Park Plans when exercising |
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| | | functions in relation to National Parks), the existing text of which becomes |
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| | | “(2) | Subsection (1) does not apply to the exercise by the Secretary of State of |
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| | | the power to make regulations under section 109 of the Communications |
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| | | Act 2003 (conditions and restrictions on application of electronic |
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| | | (a) | the power is exercised before 6 April 2018, and |
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| | | (b) | the resulting regulations are expressed to cease to have effect |
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| | | (other than for transitional purposes) before that date.”’. |
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| | | Page 32, line 9, leave out Clause 25. |
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| | Page 32, line 11 [Clause 25], leave out ‘owner’ and insert ‘shareholder’. |
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| | Page 32, line 12 [Clause 25], leave out ‘owners’ and insert ‘shareholders’. |
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| | | Page 32, line 13 [Clause 25], leave out ‘or becomes’. |
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| | Page 32, line 14 [Clause 25], leave out ‘owner’ and insert ‘shareholder’. |
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| | Page 32, line 14 [Clause 25], at end insert— |
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| | | ‘(za) | the individual has been an employee of a company for at least two years.’. |
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| | | Page 32, line 15 [Clause 25], leave out ‘the company’ and insert ‘a majority of the |
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| | employees of the company’. |
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| | Page 32, line 16 [Clause 25], leave out ‘owner’ and insert ‘shareholder’. |
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| | | Page 32, line 21 [Clause 25], after ‘£2,000’, insert ‘if the individual has been an |
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| | employee of the company for less than three years, increased by an additional £2,000 for |
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| | every additional year for which the individual has been an employee of the company’. |
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| | | Page 32, line 23 [Clause 25], at end insert— |
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| | | ‘(1A) | The Secretary of State shall make by statutory instrument such regulations as are |
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| | | necessary to safeguard an employee who declines to enter into an agreement |
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| | | under subsection (1) from any consequential detriment. |
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| | | (1B) | The Secretary of State may not make any regulations under subsection (1A) |
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| | | unless a draft of the statutory instrument containing the regulations has been laid |
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| | | before, and approved by, a resolution of each House of Parliament.’. |
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| | | Page 32, line 23 [Clause 25], at end insert— |
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| | | ‘(1C) | The Secretary of State shall issue such guidance as is necessary to safeguard any |
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| | | person who declines to enter into an agreement under subsection (1) from any |
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| | | consequential reduction or withdrawal of any state benefit to which they are |
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| | | entitled by virtue of their current employment status.’. |
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| | | Page 32, line 23 [Clause 25], at end insert— |
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| | | ‘(1A) | The Secretary of State shall provide by regulations for there to be, for every |
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| | | company having employee shareholders, a director who is elected by those |
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| | | (1B) | Regulations under subsection (1A) shall be made by statutory instrument and |
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| | | shall not be made unless a draft has been laid before and approved by resolution |
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| | | of each House of Parliament.’. |
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| | Page 32, line 24 [Clause 25], leave out from beginning to end of line 11 on page 33. |
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| | Page 32, line 24 [Clause 25], leave out ‘owner’ and insert ‘shareholder’. |
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| | Page 32, line 32 [Clause 25], leave out ‘owner’ and insert ‘shareholder’. |
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| | Page 32, line 44 [Clause 25], leave out ‘owner’ and insert ‘shareholder’. |
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| | Page 33, line 2 [Clause 25], at end insert— |
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| | | ‘( ) | The reference in subsection (2)(b) to making an application under section |
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| | | 80F does not include a reference to making an application within the |
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| | | period of 14 days beginning with the day on which the employee |
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| | | shareholder returns to work from a period of parental leave under |
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| | | regulations under section 76.’. |
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| | Page 33, line 13 [Clause 25], at end insert— |
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| | | ‘(7A) | The Secretary of State may by regulations provide that any agreement for |
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| | | a company to buy back from an individual the shares referred to in |
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| | | subsection (1)(b) in the event that the individual ceases to be an employee |
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| | | shareholder or ceases to be an employee must be on terms which meet the |
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| | | specified requirements.’. |
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| | Page 33, line 24 [Clause 25], at end insert— |
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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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