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(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
5that 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) 10to 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
15provision 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
20subject.

(9) Schedule 2A makes provision in connection with local listed building
consent orders.

26E Powers of Secretary of State in relation to local orders

(1) At any time before a local listed building consent order is adopted by a
25local 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
30adoption 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) 35In 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) 40The 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—

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(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) 5The 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) 10The 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) 15must 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
20not 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.

26F 25Considerations in making orders

(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) 30their 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.

26G 35Effect of revision or revocation of order on incomplete works

(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) 40the 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
45consent order) revised so that it ceases to grant listed building

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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
5powers conferred under section 26C(5) or 26D(6).

(4) After section 28 insert—

28A 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) 10listed 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
15prescribed 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
20withdrawal, 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
25manner 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
30section 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 16 (which inserts Schedule 2A to the Planning (Listed Buildings and
Conservation Areas) Act 1990) has effect.

53 35Listed buildings in England: certificates of lawfulness

(1) In the Planning (Listed Buildings and Conservation Areas) Act 1990 after
section 26G insert—

Buildings in England: certificates of lawfulness
26H Certificate of lawfulness of proposed works

(1) 40A 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.

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(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
5provided 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) 10specify 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) 15The 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.

26I Certificates under section 26H: supplementary

(1) 20An 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) 25by 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) 30In 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
35may 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
40application; 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) 45a statement was made or document used which was false in a
material particular; or

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(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.

26J 5Offences

(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
10misleading 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) 15on 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
20magistrates’ court may try an information in respect of an offence
under subsection (1) whenever laid.

26K Appeals against refusal or failure to give decision on application

(1) Where an application is made to a local planning authority for a
certificate under section 26H and—

(a) 25the 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
30the 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) 35must 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
40application; 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
45subsection (1)(b).

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(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) 5in 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) 10If 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
15the 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.

54 20Osborne estate

(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) 25Omit 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
30grounds)”;

(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.

55 35Heritage planning regulation

Schedule 17 (heritage planning regulation) has effect.

Equality Acts

56 Commission for Equality and Human Rights

(1) In the Equality Act 2006 omit—

(a) 40section 3 (general duty);

(b) sections 10 and 19 (groups);

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(c) section 27 (conciliation).

(2) In section 12(4)(b) of that Act (monitoring progress: reports every three years)
for “three” substitute “five”.

(3) The following subsections amend the Equality Act 2006 in consequence of
5subsection (1).

(4) In section 7(3) (Scotland: human rights) omit “or 10”.

(5) In section 9(4) and (5) (human rights) omit “or 10”.

(6) In section 12 (monitoring progress)—

(a) in subsection (1)(a) for “the aim specified in section 3” substitute “the
10duties specified in sections 8 and 9”;

(b) in subsection (1)(b) for “the development of the society described in
section 3” substitute “changes in society that are consistent with those
duties”.

(7) In section 13(1) (information, advice etc) for “to 10” substitute “and 9”.

(8) 15In section 16(1) (inquiries) for “, 9 and 10” substitute “and 9”.

(9) In section 17(1) (grants) for “to 10” substitute “and 9”.

(10) In section 35 (general interpretation), omit the definition of “groups”.

(11) In section 39(4) (orders and regulations) for “10(6), 15(6) or 27(10)” substitute
“15(6)”.

(12) 20In Schedule 1 (the Commission)—

(a) in paragraph 39 omit “or 27”;

(b) omit paragraph 52(1)(a)(v) and (vi) and (b);

(c) for paragraph 52(3)(b) substitute—

(b) section 8, in so far as it relates to disability, and;

(d) 25in paragraph 52(3)(c) omit “, 27(2) and (3)”.

(13) The following subsections amend the Equality Act 2010 in consequence of
subsection (1).

(14) In section 118 (time limits)—

(a) in subsection (2) omit “or (4)”;

(b) 30omit subsection (4).

(15) In Schedule 17 (disabled pupils: enforcement) omit—

(a) paragraph 4(2) (time limits where dispute referred to conciliation
under section 27 of the Equality Act 2006);

(b) in paragraph 4(2A), “or for conciliation in pursuance of arrangements
35under section 27 of the Equality Act 2006”.

57 Equality Act 2010: third party harassment of employees and applicants

In section 40 of the Equality Act 2010 (employees and applicants: harassment)
omit subsections (2) to (4).

58 Equality Act 2010: obtaining information for proceedings

(1) 40In the Equality Act 2010, omit section 138 (obtaining information, etc).

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(2) That does not affect section 138 for the purposes of proceedings that relate to a
contravention occurring before this section comes into force.

Regulatory Enforcement and Sanctions Act 2008

59 Primary authorities

(1) 5Section 22 of the Regulatory Enforcement and Sanctions Act 2008 (scope of Part
2) is amended in accordance with subsections (2) to (5).

(2) Before subsection (1), insert—

(A1) This Part applies in relation to a person if the Secretary of State is
satisfied that the person is within subsection (1) or (1A).

(3) 10In subsection (1), for the words from “This Part” to “a person” substitute “A
person is within this subsection if—

(a) the person.

(4) After subsection (1) insert—

(1A) A person (P) is within this subsection if each of the conditions in
15subsection (1B) is met.

(1B) The conditions are—

(a) that P carries on an activity in relation to which a local authority
exercises a relevant function;

(b) that the effect of arrangements made by P with any organisation
20or other person is that P’s approach to compliance, in respect of
the relevant function, is one that is shared with another person
(Q) who carries on the activity;

(c) that—

(i) at least one of P and Q carries on the activity in the area
25of two or more local authorities, or

(ii) Q carries on the activity in the area of a local authority in
which P does not carry on the activity.

(5) For subsection (2) substitute—

(2) In this Part, references to “the regulated person” are to a person to
30whom this Part applies.

(3) The Secretary of State may from time to time publish guidance about
matters likely to be taken into account for the purposes of subsection
(1B)(b).

(4) The guidance may be published in such manner as the Secretary of
35State considers appropriate.

(6) In section 24 of that Act, after subsection (6) insert—

(7) References in this Part to “the relevant function”, in relation to the
regulated person, are to the relevant function by reference to which the
Secretary of State is satisfied that the person is within section 22(1) or
40(1A).

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(7) In section 26(2) of that Act (nomination of primary authorities), for “The
Secretary of State” substitute “Where the Secretary of State has been satisfied
that the regulated person is within section 22(1), the Secretary of State”.

60 Inspection plans

(1) 5Section 30 of the Regulatory Enforcement and Sanctions Act 2008 (inspection
plans) is amended as follows.

(2) After subsection (3) insert—

(3A) An inspection plan may require a local authority other than the primary
authority, on exercising the function of inspection in relation to the
10regulated person, to provide the primary authority with a report on its
exercise of the function.

(3) In subsection (7)—

(a) for the words from the beginning to “exercising” substitute “Where the
primary authority exercises”;

(b) 15after “regulated person” insert “, it”.

(4) After subsection (7) insert—

(7A) A local authority other than the primary authority may not exercise the
function of inspection in relation to the regulated person otherwise
than in accordance with a plan that has been brought to its notice under
20subsection (6), unless—

(a) it has notified the primary authority in writing of the way in
which it proposes to exercise the function in relation to the
regulated person, and

(b) the primary authority has notified the local authority in writing
25that it consents to the authority’s exercising the function in that
way.

(7B) Subsection (7C) applies if a primary authority that has been notified by
a local authority as described in subsection (7A)(a) fails to notify that
authority in writing, within the notification period, whether it consents
30to the authority’s exercising the function of inspection as described in
the notification.

(7C) The primary authority is to be treated for the purposes of this section,
following the expiry of the notification period, as having given the
notification of consent described in subsection (7A)(b).

(7D) 35The “notification period”, in subsections (7B) and (7C), is the period of
five working days beginning with the first working day after the day
on which the notification referred to in subsection (7A)(a) is received by
the primary authority.

(7E) Where an inspection plan includes a requirement of the type described
40in subsection (3A), a local authority exercising the function of
inspection in relation to the regulated person must provide a report to
the primary authority in accordance with the requirement.

(5) Omit subsection (8).

(6) In subsection (9) for “(8)” substitute “(7A)(a)”.

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(7) After subsection (9) insert—

(9A) A primary authority may, with the consent of the Secretary of State,
revoke a plan made by it under this section.

(9B) If a primary authority revokes a plan under subsection (9A), it must
5notify the other local authorities with the function of inspection that the
plan is no longer in effect.

(8) In subsection (10), for “(9)” substitute “(9B)”.

(9) After subsection (10) insert—

(11) In subsection (7D), “working day” means a day other than—

(a) 10a Saturday or Sunday,

(b) Christmas Day or Good Friday, or

(c) a day which is a bank holiday under the Banking and Financial
Dealings Act 1971 in—

(i) the part of the United Kingdom where the primary
15authority is, or

(ii) (if different) the part of the United Kingdom where the
authority is that has given the notification referred to in
subsection (7A)(a).

Miscellaneous

61 20Civil liability for breach of health and safety duties

(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) 25For 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) 30Breach 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
35which 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
40relevant 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

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