|
| |
|
(2) | A notice of appeal under this section— |
| |
(a) | must be served within such time and in such manner as may be |
| |
| |
(b) | must be accompanied by such information as may be |
| |
| 5 |
(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 |
| |
| |
(b) | in the case of an appeal under subsection (1)(b), 28 days from— |
| 10 |
(i) | the end of the period prescribed as mentioned in |
| |
| |
(ii) | as the case may be, the extended period mentioned in |
| |
| |
(4) | On an appeal under this section, the Secretary of State must grant the |
| 15 |
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) | in the case of an appeal under subsection (1)(a), that the |
| |
authority’s refusal is not well-founded, or |
| 20 |
(b) | in the case of an appeal under subsection (1)(b), that if the |
| |
authority had refused the application their refusal would not |
| |
| |
(5) | If 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 |
| 25 |
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 |
| |
the local planning authority of that fact. |
| |
(7) | References in this section to a refusal of an application in part include a |
| 30 |
modification or substitution of the description in the application of the |
| |
| |
(8) | Schedule 3 applies to an appeal under this section.” |
| |
| |
(1) | Section 1 of the Osborne Estate Act 1902 is amended as follows. |
| 35 |
(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) | Omit subsection (4)(b) (part of house and grounds to be used for the benefit of |
| |
officers and their families). |
| 40 |
(4) | Omit the following provisions (which relate to land no longer forming part of |
| |
| |
(a) | in subsection (3) the words from “and the part” to “Barton House and |
| |
| |
(b) | in subsection (4) the words from “And the Commissioners” to the end. |
| 45 |
|
| |
|
| |
|
(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) |
| |
| |
56 | Heritage planning regulation |
| |
Schedule 17 (heritage planning regulation) has effect. |
| 5 |
| |
57 | Commission for Equality and Human Rights |
| |
(1) | In the Equality Act 2006 omit— |
| |
(a) | section 3 (general duty); |
| |
(b) | sections 10 and 19 (groups); |
| 10 |
(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 |
| |
| 15 |
(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 |
| |
duties specified in sections 8 and 9”; |
| 20 |
(b) | in subsection (1)(b) for “the development of the society described in |
| |
section 3” substitute “changes in society that are consistent with those |
| |
| |
(7) | In section 13(1) (information, advice etc) for “to 10” substitute “and 9”. |
| |
(8) | In section 16(1) (inquiries) for “, 9 and 10” substitute “and 9”. |
| 25 |
(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 |
| |
| |
(12) | In Schedule 1 (the Commission)— |
| 30 |
(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) | in paragraph 52(3)(c) omit “, 27(2) and (3)”. |
| 35 |
(13) | The following subsections amend the Equality Act 2010 in consequence of |
| |
| |
(14) | In section 118 (time limits)— |
| |
(a) | in subsection (2) omit “or (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 |
| 5 |
under section 27 of the Equality Act 2006”. |
| |
58 | 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). |
| |
59 | Equality Act 2010: obtaining information for proceedings |
| 10 |
(1) | In the Equality Act 2010, omit section 138 (obtaining information, etc). |
| |
(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 |
| |
| 15 |
(1) | Section 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).” |
| 20 |
(3) | In subsection (1), for the words from “This Part” to “a person” substitute “A |
| |
person is within this subsection if— |
| |
| |
(4) | After subsection (1) insert— |
| |
“(1A) | A person (P) is within this subsection if each of the conditions in |
| 25 |
| |
| |
(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 |
| 30 |
or 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; |
| |
| |
(i) | at least one of P and Q carries on the activity in the area |
| 35 |
of 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 |
| |
| |
(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 |
| 5 |
| |
(4) | The guidance may be published in such manner as the Secretary of |
| |
State 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 |
| 10 |
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 |
| |
| |
(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 |
| 15 |
that the regulated person is within section 22(1), the Secretary of State”. |
| |
| |
(1) | Section 30 of the Regulatory Enforcement and Sanctions Act 2008 (inspection |
| |
plans) is amended as follows. |
| |
(2) | After subsection (3) insert— |
| 20 |
“(3A) | An inspection plan may require a local authority other than the primary |
| |
authority, on exercising the function of inspection in relation to the |
| |
regulated person, to provide the primary authority with a report on its |
| |
exercise of the function.” |
| |
| 25 |
(a) | for the words from the beginning to “exercising” substitute “Where the |
| |
primary authority exercises”; |
| |
(b) | after “regulated person” insert “, it”. |
| |
(4) | After subsection (7) insert— |
| |
“(7A) | A local authority other than the primary authority may not exercise the |
| 30 |
function of inspection in relation to the regulated person otherwise |
| |
than in accordance with a plan that has been brought to its notice under |
| |
| |
(a) | it has notified the primary authority in writing of the way in |
| |
which it proposes to exercise the function in relation to the |
| 35 |
| |
(b) | the primary authority has notified the local authority in writing |
| |
that it consents to the authority’s exercising the function in that |
| |
| |
(7B) | Subsection (7C) applies if a primary authority that has been notified by |
| 40 |
a local authority as described in subsection (7A)(a) fails to notify that |
| |
authority in writing, within the notification period, whether it consents |
| |
to the authority’s exercising the function of inspection as described in |
| |
| |
|
| |
|
| |
|
(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) | The “notification period”, in subsections (7B) and (7C), is the period of |
| |
five working days beginning with the first working day after the day |
| 5 |
on which the notification referred to in subsection (7A)(a) is received by |
| |
| |
(7E) | Where an inspection plan includes a requirement of the type described |
| |
in subsection (3A), a local authority exercising the function of |
| |
inspection in relation to the regulated person must provide a report to |
| 10 |
the primary authority in accordance with the requirement.” |
| |
| |
(6) | In subsection (9) for “(8)” substitute “(7A)(a)”. |
| |
(7) | After subsection (9) insert— |
| |
“(9A) | A primary authority may, with the consent of the Secretary of State, |
| 15 |
revoke a plan made by it under this section. |
| |
(9B) | If a primary authority revokes a plan under subsection (9A), it must |
| |
notify 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)”. |
| 20 |
(9) | After subsection (10) insert— |
| |
“(11) | In subsection (7D), “working day” means a day other than— |
| |
(a) | a Saturday or Sunday, |
| |
(b) | Christmas Day or Good Friday, or |
| |
(c) | a day which is a bank holiday under the Banking and Financial |
| 25 |
| |
(i) | the part of the United Kingdom where the primary |
| |
| |
(ii) | (if different) the part of the United Kingdom where the |
| |
authority is that has given the notification referred to in |
| 30 |
| |
| |
62 | Civil 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). |
| 35 |
(2) | In subsection (1), omit paragraph (b) (including the “or” at the end of that |
| |
| |
(3) | For subsection (2) substitute— |
| |
“(2) | Breach of a duty imposed by a statutory instrument containing |
| |
(whether alone or with other provision) health and safety regulations |
| 40 |
shall not be actionable except to the extent that regulations under this |
| |
| |
|
| |
|
| |
|
(2A) | Breach 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 |
| |
| |
(2B) | Regulations under this section may include provision for— |
| 5 |
(a) | a defence to be available in any action for breach of the duty |
| |
mentioned in subsection (2) or (2A); |
| |
(b) | any term of an agreement which purports to exclude or restrict |
| |
any liability for such a breach to be void.” |
| |
(4) | In subsection (3), omit the words from “, whether brought by virtue of |
| 10 |
subsection (2)” to the end. |
| |
| |
(a) | for “and (2)” substitute “, (2) and (2A)”, and |
| |
(b) | for “(3)” substitute “(2B)(a)”. |
| |
(6) | Omit subsections (5) and (6). |
| 15 |
(7) | After subsection (6) insert— |
| |
“(7) | The power to make regulations under this section shall be exercisable |
| |
by the Secretary of State.” |
| |
(8) | Where, on the commencement of this section, there is in force an Order in |
| |
Council made under section 84(3) of the Health and Safety at Work etc. Act |
| 20 |
1974 that applies to matters outside Great Britain any of the provisions of that |
| |
Act that are amended by this section, that Order is to be taken as applying |
| |
those provisions as so amended. |
| |
(9) | The amendments made by this section do not apply in relation to breach of a |
| |
duty which it would be within the legislative competence of the Scottish |
| 25 |
Parliament to impose by an Act of that Parliament. |
| |
(10) | The amendments made by this section do not apply in relation to breach of a |
| |
duty where that breach occurs before the commencement of this section. |
| |
| |
In section 1 of the Estate Agents Act 1979 (estate agency work), for subsection |
| 30 |
| |
“(4) | This Act does not apply to the following things when done by a person |
| |
who does no other things which fall within subsection (1) above— |
| |
(a) | publishing advertisements or disseminating information; |
| |
(b) | providing a means by which— |
| 35 |
(i) | a person who wishes to acquire or dispose of an interest |
| |
in land can, in response to such an advertisement or |
| |
dissemination of information, make direct contact with |
| |
a person who wishes to dispose of or, as the case may be, |
| |
acquire an interest in land; |
| 40 |
(ii) | the persons mentioned in sub-paragraph (i) can |
| |
continue to communicate directly with each other.” |
| |
|
| |
|