Deregulation Bill (HC Bill 191)

(6) For the purposes of sub-paragraphs (2) and (4), sections 394 to 398 of, and
Schedule 7 to, the Insolvency Act 1986 (which are repealed by paragraph 20)
continue to have effect during the transitional period.

Part 7 5Liabilities of administrators and administrative receivers of companies and
preferential debts of companies and individuals

Treatment of liabilities relating to contracts of employment

23 The Insolvency Act 1986 is amended in accordance with paragraphs 24 to 27.

24 In section 19 (vacation of office by administrator), as continued in force by
10virtue of section 249(1) of the Enterprise Act 2002 (special administration
regimes), omit subsection (10) (what “wages or salary” includes for the
purposes of subsection (9)(a)).

25 In section 44 (receivership: agency and liability for contracts), omit
subsection (2D) (what “wages or salary” includes for the purposes of
15subsection (2C)(a)).

26 In Schedule B1 (administration of companies), in paragraph 99 (vacation of
office by administrator: charges and liabilities), omit sub-paragraph (6)(d)
(what “wages or salary” includes for the purposes of sub-paragraph (5)(c))
but not the “and” following it.

27 20In Schedule 6 (categories of preferential debt), in paragraph 15 (what “wages
or salary” includes for the purposes of determining what is a category 5
preferential debt), omit paragraph (b) and the “and” before it.

Part 8 Requirements of company law: proxies

25Proxies at a poll taken 48 hours or less after it was demanded

28 In section 327(2) of the Companies Act 2006 (which regulates the period of
notice required for the appointment of a proxy), omit paragraph (c).

29 In section 330(6) of that Act (which regulates the period of notice required
for the termination of a proxy’s authority), omit paragraph (c).

Section 24

30SCHEDULE 7 Ascertainment of rights of way

Part 1 Wildlife and Countryside Act 1981

1 The Wildlife and Countryside Act 1981 is amended as follows.

2 35In section 53 (duty to keep definitive map and statement under continuous
review) —

(a) in subsection (3)(c)(i), omit “or is reasonably alleged to subsist”;

(b) after subsection (3)(c)(i) insert—

“(ia) in the case of an authority in Wales, that a
right of way which is not shown in the map
5and statement is reasonably alleged to subsist
over land in the area to which the map relates,
being such a right of way as is mentioned in
sub-paragraph (i);”.

3 After that section insert—

“53ZA 10Modifications arising from administrative errors

(1) The Secretary of State may by regulations provide for Schedules 13A
and 14A to apply with prescribed modifications in relation to the
making of orders under section 53(2) in cases where it appears to a
surveying authority in England (whether or not on an application
15under section 53(5)) that—

(a) it is requisite to make a modification of a definitive map and
statement in consequence of an event mentioned in section
53(3)(c);

(b) the need for the modification has arisen because of an
20administrative error; and

(c) both the error and the modification needed to correct it are
obvious.

(2) The Secretary of State may by regulations provide for Schedule 14A
to apply with prescribed modifications in cases where an order
25under section 53(2) is made in accordance with regulations under
subsection (1).

(3) Regulations under this section shall be made by statutory instrument
which shall be subject to annulment in pursuance of a resolution of
either House of Parliament.

(4) 30At any time when regulations under subsection (1) are in force, a
surveying authority shall, in deciding whether paragraphs (a) to (c)
of that subsection apply in a particular case (and, accordingly,
whether the provision made by the regulations applies in relation to
the making of an order under section 53(2) in that case), have regard
35to any guidance given by the Secretary of State.

(5) In this section, “prescribed” means prescribed by regulations.”

4 In section 53B (register of applications under section 53), after subsection (4)
insert—

“(4A) Regulations may provide that subsection (1) does not apply, with
40respect to applications under section 53(5) made to an authority in
England, or to any prescribed description of such applications,
unless the authority serve notice under paragraph 2(4)(b) of
Schedule 13A in relation to such an application.

(4B) The making of regulations under subsection (4A) does not prevent
45an authority including in the register any information that they
would be required to include in it had the regulations not been
made.”

5 After section 54A insert—

“54B Modifications of definitive map and statement by consent: England

(1) This section applies where it appears to a surveying authority in
England (whether or not on an application under section 53(5)) that
5—

(a) it might be requisite to make a modification to a definitive
map and statement in consequence of the occurrence of one
or more events falling within section 53(3)(b) or (c)(i) or (ii);

(b) the basis for the authority’s view that it might be requisite is
10documentary evidence of the existence of a right of way
before 1949; and

(c) in a case where the authority form that view following an
application, the authority have served notice under
paragraph 2(4)(b) of Schedule 13A that they are considering
15the application.

(2) The authority shall ascertain whether every owner of the land to
which the modification relates consents to the making of an order
under section 53(2) or would so consent if the authority made one or
more of the following orders (“special orders”)—

(a) 20a diversion order;

(b) an order altering the width of the path or way;

(c) an order imposing a new limitation or condition affecting the
right of way.

(3) A diversion order is an order which, for the purpose of diverting the
25line of the path or way or part of it—

(a) creates any such new path or way (of the same kind) as
appears to the authority appropriate; and

(b) extinguishes any public right of way over so much of the path
or way as appears to the authority to be appropriate.

(4) 30If every owner consents to the making of an order under section 53(2)
(without the making of a special order), the authority—

(a) may make the order under section 53(2); and

(b) if they do so, shall include in the order a statement that it is
made with the consent of every owner.

(5) 35If an owner would consent to the making of an order under section
53(2) only if one or more special orders are made, and the other
owners (if any) do not object to the making of such an order or
orders, the authority may make the special order or orders in
question and, if they do so, shall—

(a) 40make an order under section 53(2);

(b) include in that order a statement that it is made with the
consent of every owner; and

(c) combine any special orders and the order under section 53(2)
in a single document.

(6) 45Before making a diversion order, the authority must—

(a) be satisfied that the path or way will not be substantially less
convenient to the public in consequence of the diversion; and

(b) have regard to any guidance given by the Secretary of State.

(7) As soon as reasonably practicable after an authority are satisfied that
they have power under subsection (4) or (5) to make an order under
section 53(2), the authority must—

(a) give notice to each owner that they are satisfied that they
5have that power; and

(b) include in the notice an explanation of the effect of subsection
(9) of this section.

(8) An order under section 53(2) which includes a statement that it is
made with the consent of every owner is referred to in this Act as a
10modification consent order.

(9) An authority must determine whether to make a modification
consent order before the end of the period of 12 months beginning
with—

(a) in the case mentioned in subsection (1)(c), the day on which
15the authority served notice under paragraph 2(4)(b) of
Schedule 13A in respect of the application;

(b) in any other case, the day on which notice is given under
subsection (7).

(10) The Secretary of State may by order provide that, in cases or
20circumstances specified in the order, subsection (9) applies as if for
the period of 12 months mentioned in that subsection there were
substituted a longer period specified in the order.

(11) An order under subsection (10) shall be made by statutory
instrument which shall be subject to annulment in pursuance of a
25resolution of either House of Parliament.

54C Modifications of definitive map and statement by consent:
supplemental

(1) An authority may not make a diversion order under section 54B(5)
so as to alter a point of termination of a path or way—

(a) 30if that point is not on a highway; or

(b) (where it is on a highway) otherwise than to another point
which is on the same highway, or a highway connected with
it, and which is substantially as convenient to the public.

(2) An authority may not make such an order so as to alter the line of a
35path or way such that it falls on land owned by a person whose
consent was not sought under section 54B(2), unless that other
person consents to the alteration.

(3) An authority which make a modification consent order are
responsible, as from the date when the order takes effect, for
40maintaining any path or way, or any part of a path or way, which is
shown in a definitive map and statement in consequence of the
making of the order or any special order combined with it under
section 54B(5) (including so much of a path or way as has been
created by the making of a special order altering the width of an
45existing path or way).

(4) Where it appears to the authority—

(a) that if a modification consent order were to take effect, they
would be responsible under subsection (3) for the
maintenance of a path or way, or part of a path or way, and

(b) that work is required to be done to bring the path or way, or
5the part, into a fit condition for use by the public,

the authority may not confirm the order under Schedule 14A until
they are satisfied that the work has been carried out.”

Part 2 New Schedule 13A to the 1981 Act

6 10After Schedule 13 to the Wildlife and Countryside Act 1981 insert—

“Schedule 13A Applications for certain orders under Part 3: England

Form of applications

1 (1) An application must be made in the prescribed form and be
accompanied by—

(a) 15a map drawn to the prescribed scale and showing the way
or ways to which the application relates; and

(b) copies of any documentary evidence (including statements
of witnesses) which the applicant wishes to adduce in
support of the application, unless the authority have
20informed the applicant that the authority already have
access to the evidence in question.

(2) Regulations under sub-paragraph (1) must provide for an
application to include an explanation as to why the applicant
believes that a definitive map and statement should be modified
25in consequence of the occurrence of one or more events falling
within section 53(3)(b) or (c).

Preliminary assessment and notice of applications

2 (1) An authority must, before the end of the period of 3 months
beginning with the day on which they receive an application,
30decide whether the application, and any documentary evidence
which the applicant relies on in support of it, show that there is a
reasonable basis for the applicant’s belief that a definitive map
and statement should be modified in consequence of the
occurrence of one or more events falling within section 53(3)(b) or
35(c).

(2) In deciding whether there is such a basis, the authority must have
regard to any guidance given by the Secretary of State.

(3) If they decide that there is no such basis, they must, before the end
of that period of 3 months, inform the applicant of their decision
40and the reasons for it.

(4) If they decide that there is such a basis, they must, before the end
of that period—

(a) inform the applicant; and

(b) serve a notice on every owner and occupier of any land to
which the application relates stating that an application
has been made and the authority are considering it.

(5) 5If, after reasonable inquiry has been made, the authority are
satisfied that it is not practicable to ascertain the name or address
of an owner or occupier of any land to which the application
relates, the authority may direct that the notice required to be
served on the person by sub-paragraph (4) may be served by
10addressing it to the person by the description “owner” or
“occupier” of the land (describing it) and by affixing it to some
conspicuous object or objects on the land.

Failure by authority to conduct preliminary assessment

3 (1) If an authority have not assessed an application in accordance
15with paragraph 2 before the end of the period of 3 months
beginning with the day on which they received the application,
the applicant may give notice to the authority in the prescribed
form of an intention to apply to a magistrates’ court for an order
under this paragraph.

(2) 20The applicant may apply to a magistrates’ court for an order under
this paragraph at any time—

(a) after the end of the period of 1 month beginning with the
day on which notice was given; and

(b) before the end of the period of 6 months beginning with
25that day.

(3) On hearing an application under this paragraph, a magistrates’
court may order the authority to take specified steps for the
purposes of discharging the authority’s duty under paragraph 2
and to do so within such reasonable period as may be specified.

(4) 30An order under sub-paragraph (3) may provide for paragraph 5 to
apply in relation to the application made to the authority as if for
the period of 12 months beginning with the day on which the
authority received the application there were substituted a longer
period.

(5) 35The authority or the applicant may appeal to the Crown Court
against a decision of a magistrates’ court under this paragraph.

(6) An order under this paragraph does not take effect—

(a) until the end of the period of 21 days beginning with the
day after the day on which the order was made, or

(b) 40if an appeal is brought in respect of the order within that
period (whether by way of appeal to the Crown Court or
by way of case stated for the opinion of the High Court),
until the final determination or withdrawal of the appeal.

Determination by authority

4 (1) 45As soon as reasonably practicable after serving a notice under
paragraph 2(4)(b), the authority must—

(a) investigate the matters stated in the application; and

(b) after consulting with every local authority whose area
includes the land to which the application relates, decide
whether to make or not to make the order to which the
5application relates.

(2) The duty in sub-paragraph (1) does not apply in a case to which
section 54B (modifications by consent) applies (see section 54B(1)).

(3) But if, in such a case, an event mentioned below occurs, the
authority must take the steps mentioned in sub-paragraph (1)(a)
10and (b) as soon as reasonably practicable after the occurrence of
that event.

The events are—

(a) that the authority ascertain that an owner does not consent
to the making of an order under section 53(2) (whether
15with or without the making of a special order mentioned in
section 54B(2)(a) to (c));

(b) that the authority decide for any other reason not to make
a modification consent order;

(c) that the period of 12 months beginning with the date on
20which notice was served under paragraph 2(4)(b) expires
without the authority having determined whether to make
such an order;

(d) that the authority make such an order but decide not to
confirm it.

(4) 25As soon as practicable after determining an application, the
authority must give notice of their decision by serving a copy of it
on the applicant and any person on whom notice of the
application was required to be served under paragraph 2(4)(b).

Failure by authority to determine application

5 (1) 30If an authority have not discharged their duty under paragraph 4
within the period of 12 months beginning with the day on which
they received the application, the applicant or any owner or
occupier of any land to which the application relates may give
notice to the authority in the prescribed form of an intention to
35apply to a magistrates’ court for an order under sub-paragraph
(4).

(2) A person who has given notice under sub-paragraph (1) may
apply to a magistrates’ court for an order under sub-paragraph (4)
at any time—

(a) 40after the end of the period of 1 month beginning with the
day on which notice was given; and

(b) before the end of the period of 12 months beginning with
that day.

(3) On the hearing of an application under sub-paragraph (2) the
45other persons by whom a notice under sub-paragraph (1) could
have been given have a right to be heard.

(4) On hearing an application under sub-paragraph (2), a magistrates’
court may order the authority to take specified steps for the
purposes of discharging their duty under paragraph 4 and to do
so within such reasonable period as may be specified.

(5) 5The authority may make one application to a magistrates’ court
for an order extending by up to 12 months the period specified in
the order under sub-paragraph (4).

(6) On the hearing of an application under sub-paragraph (5) in
relation to an order under sub-paragraph (4), the person who
10applied for that order and the other persons by whom a notice
under sub-paragraph (1) could have been given have a right to be
heard.

(7) A decision of a magistrates’ court under this paragraph may be
appealed to the Crown Court by—

(a) 15the authority;

(b) the applicant for an order under sub-paragraph (4);

(c) any other person by whom a notice under sub-paragraph
(1) could have been given.

(8) An order under this paragraph does not take effect—

(a) 20until the end of the period of 21 days beginning with the
day after the day on which the order was made; or

(b) if an appeal is brought in respect of the order within that
period (whether by way of appeal to the Crown Court or
by way of case stated for the opinion of the High Court),
25until the final determination or withdrawal of the appeal.

Failure by authority to determine application: further provision about notices

6 (1) An applicant for an order under sub-paragraph (4) of paragraph 5
must give notice to the court of the names and addresses of any
other person by whom a notice under sub-paragraph (1) of that
30paragraph could have been given.

(2) If it is not reasonably practicable for an applicant to ascertain such
a name and address, the applicant is be taken to have complied
with sub-paragraph (1) if the applicant gives notice to the court
that that is the case.

(3) 35Notice of the hearing, of the right to be heard and of the right to
appeal against a decision on an application under paragraph 5(2)
must be given by the court to each person whose name and
address is notified to the court under sub-paragraph (1).

(4) Notice of the hearing, of the right to be heard and of the right to
40appeal against a decision on an application under paragraph 5(5)
must be given by the court to—

(a) the person who applied for the order under paragraph 5(4)
to which the application relates; and

(b) each person whose name and address was notified to the
45court under sub-paragraph (1) by the person mentioned in
paragraph (a).

(5) Where the court is given notice under sub-paragraph (2), notice of
the hearing, of the right to be heard and of the right to appeal
against a decision on an application under paragraph 5(2) or (5)
must also be given by the court by affixing it to some conspicuous
5object or objects on the land to which the application relates.

Procedure where authority decide not to make order: general

7 (1) Where an authority decide under paragraph 4 not to make an
order, the applicant may, at any time within 28 days after service
of notice of the decision, give notice to the authority in the
10prescribed form of the applicant’s wish to appeal against the
decision to the Secretary of State and of the grounds on which the
applicant wishes to do so.

(2) If the applicant gives such notice and does not withdraw it—

(a) the authority must submit the matter to the Secretary of
15State; and

(b) the Secretary of State must deal with the matter as an
appeal against the decision of the authority.

(3) The authority may, but need not, act as mentioned in sub-
paragraph (2) if the authority are of the opinion that nothing in the
20grounds of appeal relates to an issue which, if the matter were
submitted to the Secretary of State, would be relevant to the
Secretary of State’s decision on the appeal.

(4) In deciding whether to exercise their power under sub-paragraph
(3) not to submit the matter, the authority must have regard to any
25guidance given by the Secretary of State.

(5) Where the authority decide not to submit the matter, the authority
must inform the applicant of their decision and the reasons for it.

(6) Where the matter is submitted to the Secretary of State, the
authority must give notice in the prescribed form—

(a) 30setting out the authority’s decision;

(b) stating that the matter has been submitted to the Secretary
of State;

(c) naming a place in the area in which the land to which the
decision relates is situated where a copy of the decision
35may be inspected free of charge, and copies of it may be
obtained at a reasonable charge, at all reasonable hours;
and

(d) specifying the time (not being less than 42 days from the
date of the first publication of the notice) within which,
40and the manner in which, representations or objections
with respect to the decision, which must include
particulars of the grounds relied on, may be made to the
Secretary of State.

(7) Subject to sub-paragraph (9), the notice to be given under sub-
45paragraph (6) must be given—

(a) by publication on a website maintained by the authority
and on such other websites or through the use of such

other digital communications media as the authority may
consider appropriate;

(b) by serving a like notice on—

(i) every owner and occupier of any of the land to
5which the decision relates;

(ii) every local authority whose area includes any of
that land;

(iii) every person on whom notice is required to be
served in pursuance of sub-paragraph (8); and

(iv) 10such other persons as may be prescribed in relation
to the area in which that land is situated or as the
authority may consider appropriate; and

(c) by causing a copy of the notice to be displayed in a
prominent position—

(i) 15at the ends of so much of any way as is affected by
the decision;

(ii) at council offices in the locality of the land to which
the decision relates; and

(iii) at such other places as the authority may consider
20appropriate.

(8) Any person may, on payment of such reasonable charge as the
authority may consider appropriate, require an authority to give
the person notice of all such decisions under paragraph 4 not to
make an order as—

(a) 25are made by the authority during a period specified in the
requirement;

(b) are of a description so specified; and

(c) relate to land comprised in an area so specified.

(9) The Secretary of State may, in any particular case, direct that it is
30not necessary to comply with sub-paragraph (7)(b)(i); but if such a
direction is given in the case of any land, then in addition to
publication the notice must be addressed to “The owners and any
occupiers” of the land (describing it) and a copy or copies of the
notice must be affixed to some conspicuous object or objects on the
35land.

(10) Sub-paragraph (7)(b) and (c) and, where applicable, sub-
paragraph (9) must be complied with not less than 42 days before
the expiration of the time specified in the notice.

(11) A notice required to be served by sub-paragraph (7)(b) on the
40owner or occupier of any land, or on a local authority, must be
accompanied by a copy of so much of the decision as relates to that
land or, as the case may be, the area of that authority; and a notice
required to be served by that sub-paragraph on such other persons
as may be prescribed or as the authority may consider appropriate
45must be accompanied by a copy of the decision.

(12) A notice required to be displayed by sub-paragraph (7)(c) at the
ends of so much of any way as is affected by the decision must be
accompanied by a plan showing the general effect of the decision
so far as it relates to that way.