Session 2012 - 13
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Enterprise and Regulatory Reform Bill


Enterprise and Regulatory Reform Bill
Schedule 17 — Heritage planning regulation

255

 

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

256

 

(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”.

 
 

Enterprise and Regulatory Reform Bill
Schedule 18 — Adjudicators: bankruptcy applications by debtors and bankruptcy orders

257

 

15         

In section 82A(2) (application to the Crown), after paragraph (c) insert—

“(ca)   

section 26J;”.

16         

In section 88(2)(c) (rights of entry) after “11” insert “, 26J”.

17         

In section 92(2)(b) (application to Isles of Scilly), after “Schedules 1, 2” insert

“, 2A”.

5

18    (1)  

Section 93 (regulations and orders) is amended as follows.

      (2)  

In subsection (4) after “8(5),” insert “26C,”.

      (3)  

In subsection (5A) after “section” insert “26C or”.

19    (1)  

Schedule 3 (determination of certain appeals by person appointed by

Secretary of State) is amended as follows.

10

      (2)  

In paragraph 1(1), 2(8)(a) and 3(3) after “20” insert “, 26K”.

      (3)  

In paragraph 2(1) after paragraph (a) (before “and” at the end) insert—

“(aa)   

in relation to an appeal under section 26K, as the Secretary

of State has under section 26K(4) to (6);”.

Application

15

20         

Paragraph 8 applies in relation to entries for buildings that are listed, or

entries that are amended, on or after the date on which that paragraph

comes into force.

Schedule 18

Section 73(2)

 

Adjudicators: bankruptcy applications by debtors and bankruptcy orders

20

“Chapter A1

Adjudicators: bankruptcy applications by debtors and bankruptcy orders

263H    

Bankruptcy applications to an adjudicator

(1)   

An individual may make an application to an adjudicator in

accordance with this Chapter for a bankruptcy order to be made

25

against him or her.

(2)   

An individual may make a bankruptcy application only on the

ground that the individual is unable to pay his or her debts.

263I    

Debtors against whom an adjudicator may make a bankruptcy order

(1)   

An adjudicator has jurisdiction to determine a bankruptcy

30

application only if—

(a)   

the centre of the debtor’s main interests is in England and

Wales, or

(b)   

the centre of the debtor’s main interests is not in a member

state of the European Union which has adopted the EC

35

Regulation, but the test in subsection (2) is met.

(2)   

The test is that—

 
 

Enterprise and Regulatory Reform Bill
Schedule 18 — Adjudicators: bankruptcy applications by debtors and bankruptcy orders

258

 

(a)   

the debtor is domiciled in England and Wales, or

(b)   

at any time in the period of three years ending with the day

on which the application is made to the adjudicator, the

debtor—

(i)   

has been ordinarily resident, or has had a place of

5

residence, in England and Wales, or

(ii)   

has carried on business in England and Wales.

(3)   

The reference in subsection (2) to the debtor carrying on business

includes—

(a)   

the carrying on of business by a firm or partnership of which

10

the debtor is a member, and

(b)   

the carrying on of business by an agent or manager for the

debtor or for such a firm or partnership.

(4)   

In this section, references to the centre of the debtor’s main interests

have the same meaning as in Article 3 of the EC Regulation.

15

263J    

Conditions applying to bankruptcy application

(1)   

A bankruptcy application must include—

(a)   

such particulars of the debtor’s creditors, debts and other

liabilities, and assets, as may be prescribed, and

(b)   

such other information as may be prescribed.

20

(2)   

A bankruptcy application is not to be regarded as having been made

unless any fee or deposit required in connection with the application

by an order under section 415 has been paid to such person, and

within such period, as may be prescribed.

(3)   

A bankruptcy application may not be withdrawn.

25

(4)   

A debtor must notify the adjudicator if, at any time before a

bankruptcy order is made against the debtor or the adjudicator

refuses to make such an order—

(a)   

the debtor becomes able to pay his or her debts, or

(b)   

a bankruptcy petition has been presented to the court in

30

relation to the debtor.

263K    

Determination of bankruptcy application

(1)   

After receiving a bankruptcy application, an adjudicator must

determine whether the following requirements are met—

(a)   

the adjudicator had jurisdiction under section 263I to

35

determine the application on the date the application was

made,

(b)   

the debtor is unable to pay his or her debts at the date of the

determination,

(c)   

no bankruptcy petition is pending in relation to the debtor at

40

the date of the determination, and

(d)   

no bankruptcy order has been made in respect of any of the

debts which are the subject of the application at the date of

the determination.

 
 

Enterprise and Regulatory Reform Bill
Schedule 18 — Adjudicators: bankruptcy applications by debtors and bankruptcy orders

259

 

(2)   

If the adjudicator is satisfied that each of the requirements in

subsection (1) are met, the adjudicator must make a bankruptcy

order against the debtor.

(3)   

If the adjudicator is not so satisfied, the adjudicator must refuse to

make a bankruptcy order against the debtor.

5

(4)   

The adjudicator must make a bankruptcy order against the debtor or

refuse to make such an order before the end of the prescribed period

(“the determination period”).

263L    

Adjudicator’s requests for further information

(1)   

An adjudicator may at any time during the determination period

10

request from the debtor information that the adjudicator considers

necessary for the purpose of determining whether a bankruptcy

order must be made.

(2)   

The adjudicator may specify a date before which information

requested under subsection (1) must be provided; but that date must

15

not be after the end of the determination period.

(3)   

If the rules so prescribe, a request under subsection (1) may include

a request for information to be given orally.

(4)   

The rules may make provision enabling or requiring an adjudicator

to request information from persons of a prescribed description in

20

prescribed circumstances.

263M    

Making of bankruptcy order

(1)   

This section applies where an adjudicator makes a bankruptcy order

as a result of a bankruptcy application.

(2)   

The order must be made in the prescribed form.

25

(3)   

The adjudicator must—

(a)   

give a copy of the order to the debtor, and

(b)   

give notice of the order to persons of such description as may

be prescribed.

263N    

Refusal to make a bankruptcy order: review and appeal etc.

30

(1)   

Where an adjudicator refuses to make a bankruptcy order on a

bankruptcy application, the adjudicator must give notice to the

debtor—

(a)   

giving the reasons for the refusal, and

(b)   

explaining the effect of subsections (2) to (5).

35

(2)   

If requested by the debtor before the end of the prescribed period, the

adjudicator must review the information which was available to the

adjudicator when the determination that resulted in the refusal was

made.

(3)   

Following a review under subsection (2) the adjudicator must—

40

(a)   

confirm the refusal to make a bankruptcy order, or

(b)   

make a bankruptcy order against the debtor.

 
 

Enterprise and Regulatory Reform Bill
Schedule 19 — Adjudicators: minor and consequential amendments

260

 

(4)   

Where the adjudicator confirms a refusal under subsection (3), the

adjudicator must give notice to the debtor—

(a)   

giving the reasons for the confirmation, and

(b)   

explaining the effect of subsection (5).

(5)   

If the refusal is confirmed under subsection (3), the debtor may

5

appeal against the refusal to the court before the end of the

prescribed period.

263O    

False representations and omissions

(1)   

It is an offence knowingly or recklessly to make any false

representation or omission in—

10

(a)   

making a bankruptcy application to an adjudicator, or

(b)   

providing any information to an adjudicator in connection

with a bankruptcy application.

(2)   

It is an offence knowingly or recklessly to fail to notify an adjudicator

of a matter in accordance with a requirement imposed by or under

15

this Part.

(3)   

It is immaterial for the purposes of an offence under this section

whether or not a bankruptcy order is made as a result of the

application.

(4)   

It is not a defence in proceedings for an offence under this section

20

that anything relied on, in whole or in part, as constituting the

offence was done outside England and Wales.

(5)   

Proceedings for an offence under this section may only be

instituted—

(a)   

by the Secretary of State, or

25

(b)   

by or with the consent of the Director of Public Prosecutions.”

Schedule 19

Section 73(3)

 

Adjudicators: minor and consequential amendments

1          

The Insolvency Act 1986 is amended in accordance with this Schedule.

2          

In section 253 (application for interim order), omit subsection (5).

30

3          

In section 255 (cases in which interim order can be made), in subsection

(1)(b) for “petition for his own bankruptcy” substitute “make a bankruptcy

application”.

4     (1)  

Section 256A (debtor’s proposal and nominee’s report) is amended as

follows.

35

      (2)  

In subsection (1) omit the words from “unless” to the end.

      (3)  

In subsection (3) for “petition for his own bankruptcy” substitute “make a

bankruptcy application”.

5          

For the heading to Chapter 1 of Part 9 substitute “The court: bankruptcy

petitions and bankruptcy orders”.

40

 
 

Enterprise and Regulatory Reform Bill
Schedule 19 — Adjudicators: minor and consequential amendments

261

 

6          

In section 264 (who may present a bankruptcy petition), in subsection (1)

omit paragraph (b).

7          

For section 265 (conditions to be satisfied in respect of debtor) substitute—

“265    

Creditor’s petition: debtors against whom the court may make a

bankruptcy order

5

(1)   

A bankruptcy petition may be presented to the court under section

264(1)(a) only if—

(a)   

the centre of the debtor’s main interests is in England and

Wales, or

(b)   

the centre of the debtor’s main interests is not in a member

10

state of the European Union which has adopted the EC

Regulation, but the test in subsection (2) is met.

(2)   

The test is that—

(a)   

the debtor is domiciled in England and Wales, or

(b)   

at any time in the period of three years ending with the day

15

on which the petition is presented, the debtor—

(i)   

has been ordinarily resident, or has had a place of

residence, in England and Wales, or

(ii)   

has carried on business in England and Wales.

(3)   

The reference in subsection (2) to the debtor carrying on business

20

includes—

(a)   

the carrying on of business by a firm or partnership of which

the debtor is a member, and

(b)   

the carrying on of business by an agent or manager for the

debtor or for such a firm or partnership.

25

(4)   

In this section, references to the centre of the debtor’s main interests

have the same meaning as in Article 3 of the EC Regulation.”

8          

In section 266 (bankruptcy petitions: other preliminary conditions), in

subsection (4) omit “, (b)”.

9     (1)  

Sections 272 to 274A (and the cross-heading immediately preceding those

30

sections) (debtor’s petition) are repealed.

      (2)  

In consequence of the repeal of section 274A by paragraph (1), omit

paragraph 3 of Schedule 20 to the Tribunals, Courts and Enforcement Act

2007 (debt relief orders: consequential amendments).

10         

For the cross-heading immediately before section 278 substitute—

35

“Chapter 1A

Commencement and duration of bankruptcy”.

11         

In section 278 (commencement and continuance), in paragraph (b)

(discharge of bankruptcy order) omit “the following provisions of”.

12         

In section 279 (duration of bankruptcy), in subsection (6) for “adjudged”

40

substitute “made”.

13         

In section 282 (court’s power to annul bankruptcy order), in subsection (2)—

(a)   

omit “, (b)”,

 
 

 
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Revised 19 March 2013