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
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58
Interpretation
In this Part—
“the 1998 Act” means the Competition Act 1998;
“the 2002 Act” means the Enterprise Act 2002.
Part 5
5
Reduction of legislative burdens
Sunset and review
59
Sunset and review provisions
(1)
The Interpretation Act 1978 is amended as follows.
(2)
After section 14 (implied power to amend) insert—
10
“14A
Power to include sunset and review provisions in subordinate
legislation
(1)
This section applies where an Act confers a power or a duty on a person
to make subordinate legislation except to the extent that—
(a)
the power or duty is exercisable by the Scottish Ministers, or
15
(b)
the power or duty is exercisable by any other person within
devolved competence (within the meaning of the Scotland Act
1998).
(2)
The subordinate legislation may include—
(a)
provision requiring the person to review the effectiveness of the
20
legislation within a specified period or at the end of a specified
period;
(b)
provision for the legislation to cease to have effect at the end of
a specified day or a specified period;
(c)
if the power or duty is being exercised to amend other
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subordinate legislation, provision of the kind mentioned in
paragraph (a) or (b) in relation to that other legislation.
(3)
The provision that may be made by virtue of subsection (2)(a) includes
provision requiring the person to consider whether the objectives
which it was the purpose of the legislation to achieve remain
30
appropriate and, if so, whether they could be achieved in another way.
(4)
Subordinate legislation including provision of a kind mentioned in
subsection (2) may make such provision generally or only in relation to
specified provisions of the legislation or specified cases or
circumstances.
35
(5)
Subordinate legislation including provision of a kind mentioned in
subsection (2) may make transitional, consequential, incidental or
supplementary provision or savings in connection with such provision.
(6)
In this section, “specified” means specified in the subordinate
legislation.”
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(3)
In paragraph 1 of Schedule 2, after the entry for section 11 insert—
“Section 14A”.
Heritage planning etc
60
Listed buildings in England: agreements and orders granting listed building
consent
5
(1)
The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended
as follows.
(2)
In Chapter 2 of Part 1, after section 26 insert—
“Buildings in England: heritage partnership agreements
26A
Heritage partnership agreements
10
(1)
A relevant local planning authority may make an agreement under this
section (a “heritage partnership agreement”) with any owner of a listed
building, or a part of such a building, situated in England.
(2)
Any of the following may also be a party to a heritage partnership
agreement in addition to an owner and the relevant local planning
15
authority—
(a)
any other relevant local planning authority;
(b)
the Secretary of State;
(c)
the Commission;
(d)
any person who has an interest in the listed building;
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(e)
any occupier of the listed building;
(f)
any person involved in the management of the listed building;
(g)
any other person who appears to the relevant local planning
authority appropriate as having special knowledge of, or
interest in, the listed building, or in buildings of architectural or
25
historic interest more generally.
(3)
A heritage partnership agreement may contain provision—
(a)
granting listed building consent under section 8(1) in respect of
specified works for the alteration or extension of the listed
building to which the agreement relates, and
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(b)
specifying any conditions to which the consent is subject.
(4)
The conditions to which listed building consent may be subject under
subsection (3)(b) in respect of specified works are those that could be
attached to listed building consent in respect of the works if consent
were to be granted under section 16.
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(5)
If a heritage partnership agreement contains provision under
subsection (3), nothing in sections 10 to 26 and 28 applies in relation to
listed building consent for the specified works, subject to any
regulations under section 26B(2)(f).
(6)
A heritage partnership agreement may also—
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(a)
specify or describe works that would or would not, in the view
of the parties to the agreement, affect the character of the listed

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building as a building of special architectural or historic
interest;
(b)
make provision about the maintenance and preservation of the
listed building;
(c)
make provision about the carrying out of specified work, or the
5
doing of any specified thing, in relation to the listed building;
(d)
provide for public access to the listed building and the
provision to the public of associated facilities, information or
services;
(e)
restrict access to, or use of, the listed building;
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(f)
prohibit the doing of any specified thing in relation to the listed
building;
(g)
provide for a relevant public authority to make payments of
specified amounts and on specified terms—
(i)
for, or towards, the costs of any works provided for
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under the agreement; or
(ii)
in consideration of any restriction, prohibition or
obligation accepted by any other party to the agreement.
(7)
For the purposes of subsection (6)(g), each of the following, if a party to
the agreement, is a relevant public authority—
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(a)
the Secretary of State;
(b)
the Commission;
(c)
a relevant local planning authority.
(8)
In this section “specified” means specified or described in the heritage
partnership agreement.
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(9)
In this section and section 26B—
“owner”, in relation to a listed building or a part of such a
building, means a person who is for the time being —
(a)
the estate owner in respect of the fee simple in the
building or part; or
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(b)
entitled to a tenancy of the building or part granted or
extended for a term of years certain of which not less
than seven years remain unexpired;
“relevant local planning authority”, in relation to a listed building,
means a local planning authority in whose area the building or
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any part of the building is situated.
26B
Heritage partnership agreements: supplemental
(1)
A heritage partnership agreement—
(a)
must be in writing;
(b)
must make provision for the parties to review its terms at
40
intervals specified in the agreement;
(c)
must make provision for its termination and variation;
(d)
may relate to more than one listed building or part, provided
that in each case a relevant local planning authority and an
owner are parties to the agreement; and
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(e)
may contain incidental and consequential provisions.
(2)
The Secretary of State may by regulations make provision—

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(a)
about any consultation that must take place before heritage
partnership agreements are made or varied;
(b)
about the publicity that must be given to heritage partnership
agreements before or after they are made or varied;
(c)
specifying terms that must be included in heritage partnership
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agreements;
(d)
enabling the Secretary of State or any other person specified in
the regulations to terminate by order a heritage partnership
agreement or any provision of such an agreement;
(e)
about the provision that may be included in an order made
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under regulations under paragraph (d), including provision
enabling such orders to contain supplementary, incidental,
transitory, transitional or saving provision;
(f)
applying or reproducing, with or without modifications, any
provision of sections 10 to 26 and 28 for the purposes of heritage
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partnership agreements;
(g)
providing for any of the following, as they apply for the
purposes of provisions mentioned in paragraph (f), to apply
with any modifications consequential on provision made under
that paragraph—
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(i)
sections 30 to 37;
(ii)
sections 62 and 63;
(iii)
Parts 3 and 4;
(iv)
Schedule 3.
(3)
Regulations made under subsection (2)(a) may, in particular, include
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provision as to—
(a)
the circumstances in which consultation must take place;
(b)
the types of listed building in respect of which consultation
must take place;
(c)
who must carry out the consultation;
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(d)
who must be consulted (including provision enabling the
Commission to direct who is to be consulted in particular cases);
and
(e)
how the consultation must be carried out.
(4)
Listed building consent granted by a heritage partnership agreement
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(except so far as the agreement or regulations under subsection (2)
otherwise provide) enures for the benefit of the building and of all
persons for the time being interested in it.
(5)
Subject to subsection (4), a heritage partnership agreement cannot
impose any obligation or liability, or confer any right, on a person who
40
is not party to the agreement.
(6)
Section 84 of the Law of Property Act 1925 (power to discharge or
modify restrictive covenant) does not apply to a heritage partnership
agreement.”

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(3)
After section 26B insert—
“Buildings in England: orders granting listed building consent
26C
Listed building consent orders
(1)
The Secretary of State may by order (a “listed building consent order”)
grant listed building consent under section 8(1) in respect of works of
5
any description for the alteration or extension of listed buildings of any
description in England.
(2)
The consent may be granted subject to conditions specified in the order.
(3)
Without prejudice to the generality of subsection (2), the conditions
that may be specified include any conditions subject to which listed
10
building consent may be granted under section 16.
(4)
A listed building consent order may (without prejudice to section 17(2))
give the local planning authority power to require details of works to
be approved by them, and may grant consent subject to conditions with
respect to—
15
(a)
the making of an application to the authority for a
determination as to whether such approval is required, and
(b)
the outcome of such an application or the way it is dealt with.
(5)
A listed building consent order may enable the Secretary of State or the
local planning authority to direct that consent granted by the order
20
does not apply—
(a)
to a listed building specified in the direction;
(b)
to listed buildings of a description specified in the direction;
(c)
to listed buildings in an area specified in the direction.
(6)
An order may in particular make provision about the making, coming
25
into force, variation and revocation of such a direction, including
provision conferring powers on the Secretary of State in relation to
directions by a local planning authority.
(7)
Nothing in sections 10 to 26 applies in relation to listed building
consent granted by a listed building consent order; but that does not
30
affect the application of sections 20, 21 and 22 in relation to an
application for approval required by a condition to which consent is
subject.
26D
Local listed building consent orders
(1)
A local planning authority for any area in England may by order (a
35
“local listed building consent order”) grant listed building consent
under section 8(1) in respect of works of any description for the
alteration or extension of listed buildings.
(2)
Regulations under this Act may provide that subsection (1) does not
apply to listed buildings of any description or in any area.
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(3)
The consent granted by a local listed building consent order may
relate—
(a)
to all listed buildings in the area of the authority or any part of
that area;

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(b)
to listed buildings of any description in that area or any part of
that area.
(4)
The consent may be granted subject to conditions specified in the order.
(5)
Without prejudice to the generality of subsection (4), the conditions
that may be specified include any subject to which listed building
5
consent may be granted under section 16.
(6)
A local listed building consent order may enable the local planning
authority to direct that the consent granted by the order in respect of
works of any description does not apply—
(a)
to a listed building specified in the direction;
10
(b)
to listed buildings of a description specified in the direction;
(c)
to listed buildings in an area specified in the direction.
(7)
An order may in particular make provision about the making, coming
into force, variation and revocation of such a direction, including
provision conferring powers on the Secretary of State.
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(8)
Nothing in sections 10 to 26 applies in relation to listed building
consent granted by a local listed building consent order; but that does
not affect the application of sections 20, 21 and 22 in relation to an
application for approval required by a condition to which consent is
subject.
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(9)
Schedule 2A makes provision in connection with local listed building
consent orders.
26E
Powers of Secretary of State in relation to local orders
(1)
At any time before a local listed building consent order is adopted by a
local planning authority the Secretary of State may direct that the order
25
(or any part of it) is not to be adopted without the Secretary of State’s
approval.
(2)
If the Secretary of State gives a direction under subsection (1)—
(a)
the authority must not take any step in connection with the
adoption of the order until they have submitted the order or the
30
part to the Secretary of State and the Secretary of State has
decided whether to approve it;
(b)
the order has no effect unless it (or the part) has been approved
by the Secretary of State.
(3)
In considering an order or part submitted under subsection (2)(a) the
35
Secretary of State may take account of any matter the Secretary of State
thinks relevant.
(4)
It is immaterial whether any such matter was taken account of by the
local planning authority.
(5)
The Secretary of State—
40
(a)
may approve or reject an order or part of an order submitted
under subsection (2)(a);
(b)
must give reasons for that decision.
(6)
The Secretary of State—

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(a)
may at any time before a local listed building consent order is
adopted by the local planning authority, direct them to modify
it in accordance with the direction;
(b)
must give reasons for any such direction.
(7)
The local planning authority—
5
(a)
must comply with a direction under subsection (6);
(b)
must not adopt the order unless the Secretary of State gives
notice of being satisfied that they have complied with the
direction.
(8)
The Secretary of State—
10
(a)
may at any time by order revoke a local listed building consent
order if of the opinion that it is expedient to do so;
(b)
must give reasons for doing so.
(9)
The Secretary of State—
(a)
must not make an order under subsection (8) without
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consulting the local planning authority;
(b)
if proposing to make such an order, must serve notice on the
local planning authority.
(10)
A notice under subsection (9)(b) must specify the period (which must
not be less than 28 days from the date of its service) within which the
20
authority may require an opportunity of appearing before and being
heard by a person appointed by the Secretary of State for the purpose.
(11)
The Secretary of State must give the authority such an opportunity if
they require it within the period specified in the notice.
26F
Considerations in making orders
25
(1)
In considering whether to make a listed building consent order or local
listed building consent order the Secretary of State or local planning
authority must have special regard to the desirability of preserving—
(a)
listed buildings of a description to which the order applies,
(b)
their setting, or
30
(c)
any features of special architectural or historic interest which
they possess.
(2)
Before making a listed building consent order the Secretary of State
must consult the Commission.
26G
Effect of revision or revocation of order on incomplete works
35
(1)
A listed building consent order or local listed building consent order
may include provision permitting the completion of works if—
(a)
listed building consent is granted by the order in respect of the
works, and
(b)
the listed building consent is withdrawn after the works are
40
started but before they are completed.
(2)
Listed building consent granted by an order is withdrawn—
(a)
if the order is revoked;
(b)
if the order is varied or (in the case of a local listed building
consent order) revised so that it ceases to grant listed building
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