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
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consent in respect of the works or materially changes any
condition or limitation to which the grant of listed building
consent is subject;
(c)
if a direction applying to the listed building is issued under
powers conferred under section 26C(5) or 26D(6).”
5
(4)
After section 28 insert—
“28A
Compensation where consent formerly granted by order is granted
conditionally or refused
(1)
Section 28 also has effect (subject to subsections (2) and (3)) where—
(a)
listed building consent granted by a listed building consent
10
order or a local listed building consent order is withdrawn
(whether by the revocation or amendment of the order or by the
issue of a direction), and
(b)
on an application for listed building consent made within the
prescribed period after the withdrawal, consent for works
15
formerly authorised by the order is refused or is granted subject
to conditions other than those imposed by the order.
(2)
Section 28 does not have effect by virtue of subsection (1) if—
(a)
the works authorised by the order were started before the
withdrawal, and
20
(b)
the order included provision in pursuance of section 26G
permitting the works to be completed after the withdrawal.
(3)
Section 28 does not have effect by virtue of subsection (1) if—
(a)
notice of the withdrawal was published in the prescribed
manner and within the prescribed period before the
25
withdrawal, and
(b)
the works authorised by the order were not started before the
notice was published.
(4)
Where section 28 has effect by virtue of subsection (1), references in
section 28(2) and (3) to the revocation or modification of listed building
30
consent are references to the withdrawal of the listed building consent
by revocation or amendment of the order or by issue of the direction.”
(5)
Schedule 16 (which inserts Schedule 2A to the Planning (Listed Buildings and
Conservation Areas) Act 1990) has effect.
61
Listed buildings in England: certificates of lawfulness
35
In the Planning (Listed Buildings and Conservation Areas) Act 1990 after
section 26G insert—
“Buildings in England: certificates of lawfulness
26H
Certificate of lawfulness of proposed works
(1)
A person who wishes to ascertain whether proposed works for the
40
alteration or extension of a listed building in England would be lawful
may make an application to the local planning authority specifying the
building and describing the works.

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(2)
For the purposes of this section works would be lawful if they would
not affect the character of the listed building as a building of special
architectural or historic interest.
(3)
If on an application under this section the local planning authority are
provided with information satisfying them that the works described in
5
the application would be lawful at the time of the application, they
must issue a certificate to that effect; and in any other case they must
refuse the application.
(4)
A certificate under this section must—
(a)
specify the building to which it relates;
10
(b)
describe the works concerned;
(c)
give the reasons for determining that the works would be
lawful; and
(d)
specify the date of issue of the certificate.
(5)
Works for which a certificate is issued under this section are to be
15
conclusively presumed to be lawful, provided that—
(a)
they are carried out within 10 years beginning with the date of
issue of the certificate, and
(b)
the certificate is not revoked under section 26I.
26I
Certificates under section 26H: supplementary
20
(1)
An application for a certificate under section 26H must be made in such
manner as may be prescribed by regulations under this Act.
(2)
An application must include such particulars, and be verified by such
evidence, as may be required—
(a)
by the regulations,
25
(b)
by any directions given under the regulations, or
(c)
by the local planning authority.
(3)
Regulations under this Act may make provision about how
applications for a certificate under section 26H are to be dealt with by
local planning authorities.
30
(4)
In particular, regulations may provide for requiring the authority—
(a)
to give to any applicant within a prescribed period such notice
as may be prescribed as to the manner in which the application
has been dealt with; and
(b)
to give to the Secretary of State, and to such other persons as
35
may be prescribed, prescribed information with respect to such
applications made to the authority, including information as to
the manner in which any application has been dealt with.
(5)
A certificate under section 26H may be issued--
(a)
for the whole or part of the listed building specified in the
40
application; and
(b)
for all or part of the works described in the application;

and must be in such form as may be prescribed.
(6)
A local planning authority may revoke a certificate under section 26H
if, on the application for the certificate—
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(a)
a statement was made or document used which was false in a
material particular; or
(b)
any material information was withheld.
(7)
Regulations under this section may make provision for regulating the
manner in which certificates may be revoked and the notice to be given
5
of such revocation.
26J
Offences
(1)
A person is guilty of an offence if, for the purpose of procuring a
particular decision on an application (whether or not by that person)
for the issue of a certificate under section 26H, the person—
10
(a)
knowingly or recklessly makes a statement which is false or
misleading in a material particular;
(b)
with intent to deceive, uses any document which is false or
misleading in a material particular; or
(c)
with intent to deceive, withholds any material information.
15
(2)
A person guilty of an offence under subsection (1) is liable—
(a)
on summary conviction, to a fine not exceeding the statutory
maximum; or
(b)
on conviction on indictment, to imprisonment for a term not
exceeding two years, or a fine, or both.
20
(3)
Notwithstanding section 127 of the Magistrates’ Courts Act 1980, a
magistrates’ court may try an information in respect of an offence
under subsection (1) whenever laid.
26K
Appeals against refusal or failure to give decision on application
(1)
Where an application is made to a local planning authority for a
25
certificate under section 26H and—
(a)
the application is refused or is refused in part, or
(b)
the authority do not give notice to the applicant of their decision
on the application within such period as may be prescribed
under section 26I or within such extended period as may at any
30
time be agreed in writing between the applicant and the
authority,

the applicant may by notice appeal to the Secretary of State.
(2)
A notice of appeal under this section—
(a)
must be served within such time and in such manner as may be
35
prescribed;
(b)
must be accompanied by such information as may be
prescribed.
(3)
The time prescribed for the service of a notice of appeal under this
section must not be less than—
40
(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—
(i)
the end of the period prescribed as mentioned in
subsection (1)(b), or
45
(ii)
as the case may be, the extended period mentioned in
subsection (1)(b).

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(4)
On an appeal under this section, the Secretary of State must grant the
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
5
authority’s refusal is not well-founded, or
(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
10
refusal is or, as the case may be, would have been well-founded, the
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.
15
(7)
References in this section to a refusal of an application in part include a
modification or substitution of the description in the application of the
works concerned.
(8)
Schedule 3 applies to an appeal under this section.”
62
Osborne estate
20
(1)
Section 1 of the Osborne Estate Act 1902 is amended as follows.
(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
25
officers and their families).
(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)”;
30
(b)
in subsection (4) the words from “And the Commissioners” to the end.
(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.
63
Heritage planning regulation
35
Schedule 17 (heritage planning regulation) has effect.
Equality Acts
64
Commission for Equality and Human Rights
(1)
In the Equality Act 2006 omit—
(a)
sections 10 and 19 (groups);
40
(b)
section 27 (conciliation).

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(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).
(4)
In section 7(3) (Scotland: human rights) omit “or 10”.
5
(5)
In section 9(4) and (5) (human rights) omit “or 10”.
(6)
In section 13(1) (information, advice etc) for “to 10” substitute “and 9”.
(7)
In section 16(1) (inquiries) for “, 9 and 10” substitute “and 9”.
(8)
In section 17(1) (grants) for “to 10” substitute “and 9”.
(9)
In section 35 (general interpretation), omit the definition of “groups”.
10
(10)
In section 39(4) (orders and regulations) for “10(6), 15(6) or 27(10)” substitute
“15(6)”.
(11)
In Schedule 1 (the Commission)—
(a)
in paragraph 39 omit “or 27”;
(b)
omit paragraph 52(1)(a)(v) and (vi) and (b);
15
(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)”.
(12)
The following subsections amend the Equality Act 2010 in consequence of
subsection (1).
20
(13)
In section 118 (time limits)—
(a)
in subsection (2) omit “or (4)”;
(b)
omit subsection (4).
(14)
In Schedule 17 (disabled pupils: enforcement) omit—
(a)
paragraph 4(2) (time limits where dispute referred to conciliation
25
under section 27 of the Equality Act 2006);
(b)
in paragraph 4(2A), “or for conciliation in pursuance of arrangements
under section 27 of the Equality Act 2006”.
65
Equality Act 2010: caste discrimination
(1)
The Equality Act 2010 is amended as follows.
30
(2)
After section 9(1)(c) (race) insert—
“(d)
caste;”.
66
Equality Act 2010: third party harassment of employees
In section 40 of the Equality Act 2010 (employees and applicants: harassment)
omit subsections (2) to (4).
35
67
Equality Act 2010: obtaining information for proceedings
(1)
In the Equality Act 2010, omit section 138 (obtaining information, etc).

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(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
68
Primary authorities
(1)
Section 22 of the Regulatory Enforcement and Sanctions Act 2008 (scope of Part
5
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).”
(3)
In subsection (1), for the words from “This Part” to “a person” substitute “A
10
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
subsection (1B) is met.
15
(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
or other person is that P’s approach to compliance, in respect of
20
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
of two or more local authorities, or
25
(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
whom this Part applies.
30
(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
(1B)(b).
(4)
The guidance may be published in such manner as the Secretary of
State considers appropriate.”
35
(6)
In section 24 of that Act, after subsection (6) insert—
“(7)
References in this Part to “the relevant function”, in relation to the
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).”
40

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(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
that the regulated person is within section 22(1), the Secretary of State”.
69
Inspection plans
(1)
Section 30 of the Regulatory Enforcement and Sanctions Act 2008 (inspection
5
plans) is amended as follows.
(2)
After subsection (3) insert—
“(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
10
exercise of the function.”
(3)
In subsection (7)—
(a)
for the words from the beginning to “exercising” substitute “Where the
primary authority exercises”;
(b)
after “regulated person” insert “, it”.
15
(4)
After subsection (7) insert—
“(7A)
A local authority other than the primary authority may not exercise the
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—
20
(a)
it has notified the primary authority in writing of the way in
which it proposes to exercise the function in relation to the
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
25
way.
(7B)
Subsection (7C) applies if a primary authority that has been notified by
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
30
the notification.
(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
35
five working days beginning with the first working day after the day
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
40
inspection in relation to the regulated person must provide a report to
the primary authority in accordance with the requirement.”
(5)
Omit subsection (8).
(6)
In subsection (9) for “(8)” substitute “(7A)(a)”.