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Enterprise and Regulatory Reform BillPage 240

(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
5the 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) 10be 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.

Section 55

SCHEDULE 17 15Heritage planning regulation

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

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

(2) In subsection (2A)—

(a) 20in paragraph (a) after “1979” insert “, under section 196D of the Town
and Country Planning Act 1990”, and

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

(3) 25After subsection (2A) insert—

(2AA) In relation to an actual or apprehended breach of planning control in
respect of relevant demolition, in section 187B of the Town and
Country Planning Act 1990 (injunctions restraining breaches of
planning control) reference to a local planning authority includes
30reference to the Commission.

(2AB) In subsection (2AA)—

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

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

3 In section 171B (time limits for enforcement of breaches of planning control)

Enterprise and Regulatory Reform BillPage 241

after subsection (2) insert—

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

4 5In section 174 (appeal against enforcement notice) before subsection (3)
insert—

(2C) Where any breach of planning control constituted by the matters
stated in the notice relates to relevant demolition (within the
meaning of section 196D), an appeal may also be brought on the
10grounds that—

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

(b) it was not practicable to secure safety or health by works of
repair or works for affording temporary support or shelter;
15and

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

5 After section 196C insert—

Conservation areas

196D 20Offence of failing to obtain planning permission for demolition of
unlisted etc buildings in conservation areas in England

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

(2) 25It is also an offence for a person to fail to comply with any condition
or limitation subject to which planning permission for relevant
demolition is granted.

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

(a) 30is situated in a conservation area in England; and

(b) is not a building to which section 74 of the Planning (Listed
Buildings and Conservation Areas) Act 1990 does not apply
by virtue of section 75 of that Act (listed buildings, certain
ecclesiastical buildings, scheduled monuments and buildings
35described in a direction of the Secretary of State under that
section).

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

(a) that the relevant demolition was urgently necessary in the
40interests of safety or health;

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

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

Enterprise and Regulatory Reform BillPage 242

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

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

(a) 5on summary conviction, to imprisonment for a term not
exceeding 12 months or a fine or both;

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

(6) In relation to an offence committed before the coming into force of
10section 154(1) of the Criminal Justice Act 2003, subsection (5)(a) has
effect as if the reference to 12 months were to 6 months.

(7) In relation to an offence committed before the coming into force of
section 85(1) of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012, subsection (5)(a) has effect as if the reference to
15a fine were a reference to a fine not exceeding £20,000.

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

(9) 20Where, after a person commits an offence under this section,
planning permission is granted for any development carried out
before the grant of the permission, that grant does not affect the
person’s liability for the offence.

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

6 25The Planning (Listed Buildings and Conservation Areas) Act 1990 is
amended as follows.

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

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

(3) 30After subsection (5) insert—

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

(a) that an object or structure mentioned in subsection (5)(a) or
(b) is not to be treated as part of the building for the purposes
35of this Act;

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

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

(2) 40Before subsection (1) insert—

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

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

Enterprise and Regulatory Reform BillPage 243

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

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

9 In section 32(1)(a) (purchase notice on refusal or conditional grant of
5consent)—

(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”.

10 10In section 62(2) (validity of certain orders and decisions), after paragraph (a)
insert—

(aa) any decision to approve or reject a local listed building
consent order or part of such an order;

(ab) any decision on an appeal under section 26K;.

11 (1) 15Section 74 (control of demolition in conservation areas) is amended as
follows.

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

(3) After subsection (2) insert—

(2A) Sections 56, 66(1) and 90(2) to (4) have effect in relation to buildings
20in conservation areas in England as they have effect in relation to
listed buildings, subject to such exceptions and modifications as may
be prescribed by regulations.

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

(5) In subsection (4) for “Any such regulations” substitute “Regulations made
25under subsection (3)”.

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

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

(b) after “43” insert “or section 196D of the principal Act (offence of
30failing to obtain, or comply with, planning permission for demolition
of unlisted etc building in conservation area in England)”.

13 In section 82(3) (application of Act to land and works of local planning
authorities) for “to 29” substitute “to 26, 28, 29”.

14 In section 82A(2) (application to the Crown), after paragraph (c) insert—

(ca) 35section 26J;.

15 In section 88(2)(c) (rights of entry) after “11” insert “, 26J”.

16 (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,”.

17 (1) 40Schedule 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”.

Enterprise and Regulatory Reform BillPage 244

(3) In paragraph 2(1) after paragraph (a) (before “and” at the end) insert—

(aa) in relation to an appeal under section 26K, as the Secretary
of State has under section 26K(4) to (6);.

Application

18 5Paragraph 7 applies in relation to entries for buildings that are listed, or
entries that are amended, on or after the date on which that paragraph
comes into force.

Section 63(2)

SCHEDULE 18 Adjudicators: bankruptcy applications by debtors and bankruptcy orders

Chapter A1

10Adjudicators: bankruptcy applications by debtors and bankruptcy orders

263H Bankruptcy applications to an 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) 15An individual may make a bankruptcy application only on the
ground that the individual is unable to pay his or her debts.

263I Debtors against whom an adjudicator may make a bankruptcy order

(1) An adjudicator has jurisdiction to determine a bankruptcy
application only if—

(a) 20the 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) 25The 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) 30has 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) 35the 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.

Enterprise and Regulatory Reform BillPage 245

(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.

263J Conditions applying to bankruptcy application

(1) A bankruptcy application must include—

(a) 5such 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
10by 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
15refuses 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.

263K Determination of bankruptcy application

(1) 20After 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) 25the 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
30debts 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) 35If 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”).

263L 40Adjudicator’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.

Enterprise and Regulatory Reform BillPage 246

(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
5a 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.

263M Making of bankruptcy order

(1) 10This 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) 15give notice of the order to persons of such description as may
be prescribed.

263N 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
20debtor—

(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
25adjudicator 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) 30Where 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
35appeal against the refusal to the court before the end of the
prescribed period.

263O False representations and omissions

(1) It is an offence knowingly or recklessly to make any false
representation or omission in—

(a) 40making a bankruptcy application to an adjudicator, or

(b) providing any information to an adjudicator in connection
with a bankruptcy application.

Enterprise and Regulatory Reform BillPage 247

(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
5whether 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) 10Proceedings 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.

Section 63(3)

SCHEDULE 19 15Adjudicators: minor and consequential amendments

1 The Insolvency Act 1986 is amended in accordance with this Schedule.

2 In section 253 (application for interim order), omit subsection (5).

3 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
20application”.

4 (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
25bankruptcy application”.

5 For the heading to Chapter 1 of Part 9 substitute “The court: bankruptcy
petitions and bankruptcy orders”.

6 In section 264 (who may present a bankruptcy petition), in subsection (1)
omit paragraph (b).

7 30For section 265 (conditions to be satisfied in respect of debtor) substitute—

265 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) 35the 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) 40The test is that—

Enterprise and Regulatory Reform BillPage 248

(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
5residence, 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
10the 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.

8 15In section 266 (bankruptcy petitions: other preliminary conditions), in
subsection (4) omit “, (b)”.

9 (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
20paragraph 3 of Schedule 20 to the Tribunals, Courts and Enforcement Act
2007 (debt relief orders: consequential amendments).

10 For the cross-heading immediately before section 278 substitute—

Chapter 1A

Commencement and duration of bankruptcy.

11 In section 278 (commencement and continuance), in paragraph (b)
25(discharge of bankruptcy order) omit “the following provisions of”.

12 In section 279 (duration of bankruptcy), in subsection (6) for “adjudged”
substitute “made”.

13 In section 282 (court’s power to annul bankruptcy order), in subsection (2)—

(a) omit “, (b)”,

(b) 30after “section 264(1)” insert “or on a bankruptcy application”, and

(c) in paragraph (a) after “pending” insert “or the application was
ongoing”.

14 In section 283 (definition of bankrupt’s estate), in subsection (5)(a) for
“adjudged” substitute “made”.

15 (1) 35Section 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) 40In subsection (4), in paragraph (a) before “petition” insert “bankruptcy
application had been made or (as the case may be) that the bankruptcy”.

Enterprise and Regulatory Reform BillPage 249

16 (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) 5for “adjudged” substitute “made”.

(3) In subsection (2) after “proof that” insert “a bankruptcy application has been
made or”.

17 (1) Section 286 is amended as follows.

(2) Omit subsection (2).

(3) 10In subsection (8), for “adjudged” substitute “made”.

18 In section 288 (statement of affairs), in subsection (1) for “debtor’s petition”
substitute “bankruptcy application”.

19 In section 290 (public examination of bankrupt), in subsection (4)(a) for
“adjudged” substitute “made”.

20 (1) 15Section 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”.

21 (1) Section 320 (court order vesting disclaimed property) is amended as follows.

(2) 20In 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”.

22 In section 321 (orders under section 320 in respect of leaseholds), in
25subsection (1)(a) before “bankruptcy” insert “bankruptcy application was
made or (as the case may be) the”.

23 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”.

24 30In 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”.

25 (1) Section 336 (rights of occupation etc of bankrupt’s spouse or civil partner) is
amended as follows.

(2) 35In 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”.

26 In section 337 (rights of occupation of bankrupt), in subsection (1)—

(a) 40in paragraph (a) for “adjudged” substitute “made”, and

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Contents page 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-262 Last page