Enterprise and Regulatory Reform Bill

Session 2012 - 13
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Other Bills before Parliament

Enterprise and Regulatory Reform Bill

Enterprise and Regulatory Reform Bill
Schedule 15 — Minor and consequential amendments: Part 4
241

      (9)
In subsection (3), omit paragraphs (h) and (i).
37
In section 130 (index of defined expressions), omit the entry for
“Undertakings under paragraph 1 of Schedule 7”.
38    (1)
Schedule 7 (enforcement regime for public interest and special public
interest cases) is amended as follows.
5
      (2)
In paragraph 7, in sub-paragraph (1), for paragraph (b) substitute—
“(b)
no orders under paragraph 2 are in force in relation to the
relevant merger situation concerned or (as the case may
be) the special merger situation concerned.”
      (3)
In paragraph 8, in sub-paragraph (1), for paragraph (b) substitute—
10
“(b)
no orders under paragraph 2 are in force in relation to the
relevant merger situation concerned or (as the case may
be) the special merger situation concerned.”
39
In Schedule 15 (enactments conferring functions for the purposes of which
specified information may be disclosed), at the end insert—
15
“The Health and Social Care Act 2012.”
Office of Communications Act 2002 (c. 11)
40
In Schedule 1 to the Office of Communications Act 2002 (constitution etc. of
the OFCOM), in paragraph 18—
(a)
the existing text becomes sub-paragraph (1), and
20
(b)
after that sub-paragraph insert—
    “(2)
Sub-paragraph (1) is subject to provision in rules made
under section 51 of the Competition Act 1998 by virtue of
paragraph 1A of Schedule 9 to that Act in respect of the
exercise of a function under Part 1 of that Act.”
25
Railways and Transport Safety Act 2003 (c. 20)
41
In Schedule 1 to the Rail and Transport Safety Act 2003 (constitution etc. of
the Office of Rail Regulation), in paragraph 7—
(a)
the existing text becomes sub-paragraph (1), and
(b)
after that sub-paragraph insert—
30
    “(2)
Sub-paragraph (1) is subject to provision in rules made
under section 51 of the Competition Act 1998 by virtue of
paragraph 1A of Schedule 9 to that Act in respect of the
exercise of a function under Part 1 of that Act.”
Communications Act 2003 (c. 21)
35
42
The Communications Act 2003 is amended as follows.
43    (1)
Section 192 (appeals against decisions by OFCOM etc) is amended as
follows.
      (2)
In subsection (1), after paragraph (d) insert—
“(e)
a decision by the CMA to which effect is given by an order
40
made under section 193A.”

Enterprise and Regulatory Reform Bill
Schedule 15 — Minor and consequential amendments: Part 4
242

      (3)
In subsection (6)(b), after “the Secretary of State” insert “, by the CMA”.
44
In section 193 (reference of price control matters), in subsection (10), after
“this section” insert “and section 193A”.
45
In section 195 (decisions of the Tribunal), in subsection (9), for “or the
Secretary of State” (in each place it occurs) substitute “, the Secretary of State
5
or the CMA”.
46
In section 371 (functions under the Competition Act 1998), in subsections (2)
and (3)(a), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1)
to (4)”.
Health and Social Care Act 2012 (c. 7)
10
47
The Health and Social Care 2012 is amended as follows.
48
In section 72 (functions under the Competition Act 1998), in subsections (2)
and (3), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to
(4)”.
49
In Schedule 8 (constitution etc. of Monitor), in paragraph 11, after sub-
15
paragraph (2) insert—
   “(2A)
Sub-paragraph (2) is subject to provision in rules made under
section 51 of the Competition Act 1998 by virtue of paragraph 1A
of Schedule 9 to that Act in respect of the exercise of a function
under Part 1 of that Act.”
20
Civil Aviation Act 2012
50
The Civil Aviation Act 2012 is amended as follows.
51
In section 62 (functions under Competition Act 1998), in subsections (2) and
(4), after “38(1) to (6)” (in each place where it occurs) insert “, 40B(1) to (4)”.
52
In section 63 (Competition Act 1998: supplementary), in subsection (1), after
25
“38(1) to (6)” insert “, 40B(1) to (4)”.
Electricity (Northern Ireland) Order 1992 (SI 1992/231 (N.I. 1))
53
In article 46 of the Electricity (Northern Ireland) Order 1992 (functions with
respect to competition), in paragraphs (3), (3A) and (6)(b), after “38(1) to (6)”
(in each place where it occurs) insert “, 40B(1) to (4)”.
30
Gas (Northern Ireland) Order 1996 (SI 1996/275 (N.I. 2))
54
In article 23 of the Gas (Northern Ireland) Order 1996 (functions with respect
to competition), in paragraphs (3), (3A) and (6)(b), after “38(1) to (6)” (in each
place where it occurs) insert “, 40B(1) to (4)”.
Energy (Northern Ireland) Order 2003 (SI 2003/419 (N.I. 6))
35
55
In Schedule 1 to the Energy (Northern Ireland) Order 2003 (constitution etc.
of the Authority), in paragraph 9, after sub-paragraph (2) insert—
   “(2A)
Sub-paragraph (1) is subject to provision in rules made under
section 51 of the Competition Act 1998 by virtue of paragraph 1A

Enterprise and Regulatory Reform Bill
Schedule 16 — Local listed building consent orders: procedure
243

of Schedule 9 to that Act in respect of the exercise of a function
under Part 1 of that Act.”
Schedule 16
Section 53(5)

Local listed building consent orders: procedure

In the Planning (Listed Buildings and Conservation Areas) Act 1990, after
5
Schedule 2 insert—
“Schedule 2A
Section 26D

Local listed building consent orders: procedure
Preparation
1     (1)
A local listed building consent order must be prepared in
10
accordance with such procedure as is prescribed by regulations
under this Act.
      (2)
The regulations may include provision as to—
(a)
the preparation, submission, approval, adoption, revision,
revocation and withdrawal of a local listed building
15
consent order;
(b)
notice, publicity, and inspection by the public;
(c)
consultation with and consideration of views of such
persons and for such purposes as are prescribed;
(d)
the making and consideration of representations.
20
Revision
2     (1)
The local planning authority may at any time prepare a revision of
a local listed building consent order.
      (2)
An authority must prepare a revision of a local listed building
consent order—
25
(a)
if the Secretary of State directs them to do so, and
(b)
in accordance with such timetable as the Secretary of State
directs.
      (3)
This Schedule applies to the revision of a local listed building
consent order as it applies to the preparation of the order.
30
      (4)
A local listed building consent order may not be varied except by
revision under this paragraph.
Order to be adopted
3
A local listed building consent order is of no effect unless it is
adopted by resolution of the local planning authority.
35

Enterprise and Regulatory Reform Bill
Schedule 17 — Heritage planning regulation
244

Annual report
4     (1)
While a local listed building consent order is in force the local
planning authority must prepare reports containing such
information as is prescribed as to the extent to which the order is
achieving its purposes.
5
      (2)
A report under this paragraph must—
(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
10
the 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;
15
(b)
be 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.”
Schedule 17
20
Section 56

Heritage planning regulation
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)—
25
(a)
in 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”.
30
      (3)
After 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
35
reference to the Commission.
(2AB)
In subsection (2AA)—
“breach of planning control” has the same meaning as in the
Town and Country Planning Act 1990 (see section 171A of
that Act);
40
“relevant demolition” has the same meaning as in section 196D
of that Act.”

Enterprise and Regulatory Reform Bill
Schedule 17 — Heritage planning regulation
245

Town and Country Planning Act 1990 (c. 8)
2
The Town and Country Planning Act 1990 is amended as follows.
3
In section 108 (compensation for refusal or conditional grant of planning
permission formerly granted by order) after subsection (3E) insert—
“(3F)
This section does not apply to the extent that the development
5
referred to in subsection (1)(b) would, while permitted by a
development order, have required conservation area consent under
the Planning (Listed Buildings and Conservation Areas) Act 1990.”
4
In section 171B (time limits for enforcement of breaches of planning control)
after subsection (2) insert—
10
“(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).”
5
In section 174 (appeal against enforcement notice) before subsection (3)
insert—
15
“(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
grounds that—
(a)
the relevant demolition was urgently necessary in the
20
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;
and
(c)
the relevant demolition was the minimum measure
25
necessary.”
6
After section 196C insert—
“Conservation areas
196D
Offence of failing to obtain planning permission for demolition of
unlisted etc buildings in conservation areas in England
30
(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)
It is also an offence for a person to fail to comply with any condition
or limitation subject to which planning permission for relevant
35
demolition is granted.
(3)
In this section “relevant demolition” means the demolition of a
building that—
(a)
is situated in a conservation area in England; and
(b)
is not a building to which section 74 of the Planning (Listed
40
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

Enterprise and Regulatory Reform Bill
Schedule 17 — Heritage planning regulation
246

described 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
5
interests 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
10
(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)
on summary conviction, to imprisonment for a term not
15
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
section 154(1) of the Criminal Justice Act 2003, subsection (5)(a) has
20
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
a fine were a reference to a fine not exceeding £20,000.
25
(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)
Where, after a person commits an offence under this section,
30
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)
7
The Planning (Listed Buildings and Conservation Areas) Act 1990 is
35
amended as follows.
8     (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)
After subsection (5) insert—
40
“(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
of this Act;
45

Enterprise and Regulatory Reform Bill
Schedule 17 — Heritage planning regulation
247

(b)
that any part or feature of the building is not of special
architectural or historic interest.”
9     (1)
Section 6 (issue of certificate that building not intended to be listed) is
amended as follows.
      (2)
Before subsection (1) insert—
5
“(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”.
      (4)
In subsection (2) for “such a certificate” substitute “a certificate under
10
subsection (A1) or (1)”.
      (5)
In subsection (3) after “subsection” insert “(A1) or”.
10
In section 32(1)(a) (purchase notice on refusal or conditional grant of
consent)—
(a)
for “listed building consent in respect of a building” substitute “on an
15
application for listed building consent in respect of a building,
consent”;
(b)
before “is revoked” insert “such consent granted on an application”.
11
In section 62(2) (validity of certain orders and decisions), after paragraph (a)
insert—
20
“(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;”.
12    (1)
Section 74 (control of demolition in conservation areas) is amended as
follows.
25
      (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
in conservation areas in England as they have effect in relation to
listed buildings, subject to such exceptions and modifications as may
30
be prescribed by regulations.”
      (4)
In subsection (3) after “areas” insert “in Wales”.
      (5)
In subsection (4) for “Any such regulations” substitute “Regulations made
under subsection (3)”.
13
In section 75 (cases in which section 74 does not apply) in subsection (11)—
35
(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
failing to obtain, or comply with, planning permission for demolition
of unlisted etc building in conservation area in England)”.
40
14
In section 82(3) (application of Act to land and works of local planning
authorities) for “to 29” substitute “to 26, 28, 29”.