|
| |
|
consent in respect of the works or materially changes any |
| |
condition or limitation to which the grant of listed building |
| |
| |
(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 |
| |
| |
(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order or a local listed building consent order is withdrawn |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 |
| |
| 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 |
| |
(b) | the works authorised by the order were not started before the |
| |
| |
(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 |
| |
| |
“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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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— |
| |
| 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 |
| |
| |
(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 |
| |
(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— |
| 45 |
|
| |
|
| |
|
(a) | a statement was made or document used which was false in a |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| 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 |
| |
(b) | must be accompanied by such information as may be |
| |
| |
(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 |
| |
| |
(b) | in the case of an appeal under subsection (1)(b), 28 days from— |
| |
(i) | the end of the period prescribed as mentioned in |
| |
| 45 |
(ii) | as the case may be, the extended period mentioned in |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(8) | Schedule 3 applies to an appeal under this section.” |
| |
| 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 |
| |
| |
(a) | in subsection (3) the words from “and the part” to “Barton House and |
| |
| 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) |
| |
| |
63 | Heritage planning regulation |
| 35 |
Schedule 17 (heritage planning regulation) has effect. |
| |
| |
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). |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 20 |
(13) | In section 118 (time limits)— |
| |
(a) | in subsection (2) omit “or (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— |
| |
| |
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). |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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— |
| |
| |
(4) | After subsection (1) insert— |
| |
“(1A) | A person (P) is within this subsection if each of the conditions in |
| |
| 15 |
| |
(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; |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| 40 |
|
| |
|
| |
|
(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”. |
| |
| |
(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.” |
| |
| |
(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 |
| |
| 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 |
| |
| |
(b) | the primary authority has notified the local authority in writing |
| |
that it consents to the authority’s exercising the function in that |
| 25 |
| |
(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 |
| |
(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 |
| |
| |
(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.” |
| |
| |
(6) | In subsection (9) for “(8)” substitute “(7A)(a)”. |
| |
|
| |
|