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
Part 5 — Reduction of legislative burdens
56

(2)
A notice of appeal under this section—
(a)
must be served within such time and in such manner as may be
prescribed;
(b)
must be accompanied by such information as may be
prescribed.
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(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
application; or
(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
subsection (1)(b), or
(ii)
as the case may be, the extended period mentioned in
subsection (1)(b).
(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
have been well-founded.
(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
works concerned.
(8)
Schedule 3 applies to an appeal under this section.”
55
Osborne estate
(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
the Osborne estate)—
(a)
in subsection (3) the words from “and the part” to “Barton House and
grounds)”;
(b)
in subsection (4) the words from “And the Commissioners” to the end.
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Enterprise and Regulatory Reform Bill
Part 5 — Reduction of legislative burdens
57

(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.
56
Heritage planning regulation
Schedule 17 (heritage planning regulation) has effect.
5
Equality Acts
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
subsection (1).
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
duties”.
(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
“15(6)”.
(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
subsection (1).
(14)
In section 118 (time limits)—
(a)
in subsection (2) omit “or (4)”;

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(b)
omit 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
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
60
Primary authorities
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—
(a)
the person”.
(4)
After subsection (1) insert—
“(1A)
A person (P) is within this subsection if each of the conditions in
25
subsection (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
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;
(c)
that—
(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.”

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(5)
For subsection (2) substitute—
“(2)
In this Part, references to “the regulated person” are to a person to
whom 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
5
(1B)(b).
(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
(1A).”
(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”.
61
Inspection plans
(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.”
(3)
In subsection (7)—
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
subsection (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
35
regulated person, and
(b)
the primary authority has notified the local authority in writing
that 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
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
the notification.

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(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
the primary authority.
(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.”
(5)
Omit subsection (8).
(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)”.
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(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
Dealings Act 1971 in—
(i)
the part of the United Kingdom where the primary
authority is, or
(ii)
(if different) the part of the United Kingdom where the
authority is that has given the notification referred to in
30
subsection (7A)(a).”
Miscellaneous
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
paragraph).
(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
section so provide.

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(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
provisions).
(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.
(5)
In subsection (4)—
(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.
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Estate agency work
In section 1 of the Estate Agents Act 1979 (estate agency work), for subsection
30
(4) substitute—
“(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.”