Session 2012 - 13
Internet Publications
Other Bills before Parliament

Enterprise and Regulatory Reform Bill


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

248

 

      (5)  

In that subsection, in paragraph (g), omit “, and the power to request

information under section 31(1) as so applied,”.

      (6)  

In that subsection, omit paragraph (h).

      (7)  

In that subsection, in paragraph (i), for “to 32” substitute “to 30”.

      (8)  

In that subsection, omit paragraph (j) and the word “and” immediately

5

preceding it.

27    (1)  

Section 64 (cancellation and variation of references under section 62) is

amended as follows.

      (2)  

In subsection (3), omit “1,”.

      (3)  

In subsection (4)—

10

(a)   

omit “any undertaking accepted under paragraph 1 of Schedule 7,

or”, and

(b)   

for “that Schedule” substitute “Schedule 7”.

      (4)  

In subsection (5)—

(a)   

omit “undertaking or” (in each place where it occurs),

15

(b)   

omit “, accepted or” (in each place where it occurs), and

(c)   

omit “, superseded, released”.

28    (1)  

Section 67 (intervention to protect legitimate interests) is amended as

follows.

      (2)  

In subsection (7), for “to 32” substitute “to 30”.

20

      (3)  

In subsection (8), in the words before paragraph (a), for “to 32” substitute “to

30”.

      (4)  

In that subsection, in paragraph (d), for “sections 25, 31 and 32” substitute

“section 25”.

29         

In section 68 (scheme for protecting legitimate interests), in subsection (4)(a),

25

for “to 32” substitute “to 30”.

30         

In section 77 (restrictions on certain share dealings: completed mergers), in

subsection (1)(b), omit “71 or”.

31         

In section 78 (restrictions on certain share dealings: anticipated mergers), in

subsection (1)(b), for “section 81” substitute “section 72 or 81”.

30

32         

In section 89 (subject matter of undertakings), in subsection (2)—

(a)   

omit “71,”, and

(b)   

omit “1,”.

33    (1)  

Section 93 (further role of OFT in relation to undertakings and orders) is

amended as follows.

35

      (2)  

In subsection (1), in paragraph (b), omit “1,”.

      (3)  

In subsection (2), omit “1,”.

      (4)  

In subsection (4), omit “1,”.

34         

In section 94 (rights to enforce undertakings and orders), in subsection (8),

omit “1,”.

40

 
 

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

249

 

35    (1)  

Section 99 (functions in relation to merger notices) is amended as follows.

      (2)  

Omit subsections (2) to (4).

      (3)  

In subsection (5), in paragraph (c), for the words from “or any” to “as

required” substitute “or the person who gave the merger notice has failed

(with or without a reasonable excuse) to comply with any requirement of a

5

notice under section 109 in relation to the case concerned”.

36    (1)  

Section 107 (further publicity requirements) is amended as follows.

      (2)  

In subsection (1), for paragraph (a) substitute—

“(a)   

any decision made by it that the duty to make a reference

under section 22 or 33 applies and any such reference made

10

by it;

(aa)   

any decision made by it that the duty to make such a

reference does not apply (other than a decision made by

virtue of subsection (2)(b) of section 33);”.

      (3)  

In that subsection, after paragraph (aa) insert—

15

“(ab)   

any notice given by it as mentioned in paragraph (b) of the

definition of “initial period” in section 34ZA(3);

(ac)   

any extension by it under section 34ZB of the initial period;

(ad)   

any decision made by it to cancel an extension as mentioned

in section 34ZB(7)(b);

20

(ae)   

any extension by it under section 34A of the preliminary

assessment period;

(af)   

any decision made by it to cancel an extension as mentioned

in section 34A(6A)(b);.

(ag)   

any extension by it under section 46B of the preliminary

25

assessment period;

(ah)   

any decision made by it to cancel an extension as mentioned

in section 46B(3A)(b);”.

      (4)  

In that subsection, omit paragraph (d).

      (5)  

In that subsection, after paragraph (e) insert—

30

“(ea)   

any notice given by it under section 73A(2)(b);

(eb)   

any extension by it under section 73A of the period for

considering whether to accept an undertaking under section

73;

(ec)   

any decision made by it to cancel an extension as mentioned

35

in section 73A(11)(b);”.

      (6)  

In that subsection, in paragraph (f), for “such an undertaking or order”

substitute “an order mentioned in paragraph (e)”.

      (7)  

At the end of that subsection insert “; and

(i)   

any notice given by it under section 96(2A).”

40

      (8)  

In subsection (2), after paragraph (e) insert—

“(ea)   

any extension by it under section 41A of the period within

which its duty under section 41(2) is to be discharged;

(eb)   

any decision made by it to cancel an extension as mentioned

in section 41A(7)(b);”.

45

 
 

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

250

 

      (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

251

 

      (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

252

 

of Schedule 9 to that Act in respect of the exercise of a function

under Part 1 of that Act.”

Schedule 16

Section 60(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

253

 

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 63

 

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

254

 

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

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 19 March 2013