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Regulatory Enforcement and Sanctions Bill [HL]


Regulatory Enforcement and Sanctions Bill [HL]
Schedule 2 — Replacement of the LBRO company by LBRO

41

 

Schedule 2

Section 2

 

Replacement of the LBRO company by LBRO

Transfer of staff

1     (1)  

For the purposes of TUPE—

(a)   

the functions conferred on LBRO by this Act are to be treated as

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transferred to LBRO from the LBRO company on the day on which

section 2 comes into force;

(b)   

that transfer of functions is to be treated as a transfer of an

undertaking to which TUPE applies;

(c)   

each person who was, immediately before the day on which section

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2 comes into force, employed by the LBRO company under a contract

of employment is to be treated as employed in the undertaking

immediately before that day.

      (2)  

In sub-paragraph (1) “TUPE” means the Transfer of Undertakings

(Protection of Employment) Regulations 2006 (SI 2006/246).

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Transfer of property, rights and liabilities

2     (1)  

All the property, rights and liabilities to which the LBRO company was

entitled or subject immediately before the day on which section 2 comes into

force become on that day property, rights and liabilities of LBRO.

      (2)  

In sub-paragraph (1) the reference to rights and liabilities does not include

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rights and liabilities under or in connection with a contract of employment

which are transferred pursuant to paragraph 1.

      (3)  

Sub-paragraph (1) operates in relation to property, rights and liabilities—

(a)   

whether or not they would otherwise be capable of being

transferred;

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(b)   

without any instrument or other formality being required;

(c)   

despite any provision (of whatever nature) which would otherwise

prevent, penalise or restrict their transfer.

Tax

3     (1)  

For the purposes of any enactment about income tax or corporation tax,

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LBRO and the LBRO company are to be treated as the same person.

      (2)  

In particular, the transfers effected by paragraphs 1 and 2 are to be

disregarded for those purposes.

      (3)  

Accordingly, those transfers are not to be regarded for the purposes of

Schedule 29 to the Finance Act 2002 (c. 23) (gains and losses from intangible

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fixed assets) as involving any realisation of an asset by the LBRO company

or acquisition of an asset by LBRO.

      (4)  

No transfer effected by paragraph 2 is to give rise to any liability to stamp

duty land tax.

 

 

Regulatory Enforcement and Sanctions Bill [HL]
Schedule 3 — Enactments specified for the purposes of Part 1

42

 

Continuity between the LBRO company and LBRO

4     (1)  

Anything done by or in relation to the LBRO company which has effect

immediately before the day on which section 2 comes into force is, so far as

is necessary for continuing its effect on or after that day, to have effect as if

done by or in relation to LBRO.

5

      (2)  

If before the day on which section 2 comes into force any consultation was

undertaken by the LBRO company which, had it been undertaken by LBRO

on or after that day, would to any extent have satisfied any consultation

requirement to which LBRO is subject, that requirement may to that extent

be taken to have been satisfied.

10

5          

Anything (including legal proceedings) which, immediately before the day

on which section 2 comes into force, is in the process of being done by or in

relation to the LBRO company may be continued by or in relation to LBRO.

6          

So far as is necessary or appropriate in consequence of paragraph 2, on and

after the day on which section 2 comes into force, a reference to the LBRO

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company in an enactment, instrument or other document is to be treated as

a reference to LBRO.

Schedule 3

Section 4(2)

 

Enactments specified for the purposes of Part 1

Accommodation Agencies Act 1953 (c. 23), section 1

20

Administration of Justice Act 1970 (c. 31), section 40

Agricultural Produce (Grading and Marking) Act 1928 (c. 19)

Agriculture Act 1967 (c. 22)

Agriculture Act 1970 (c. 40)

Agriculture and Horticulture Act 1964 (c. 28), Part 3

25

Agriculture (Miscellaneous Provisions) Act 1954 (c. 39), section 9

Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

Animal Boarding Establishments Act 1963 (c. 43)

Animal Health Act 1981 (c. 22)

Animal Health and Welfare Act 1984 (c. 40)

30

Animal Welfare Act 2006 (c. 45)

Anti-social Behaviour Act 2003 (c. 38)

Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)

Breeding of Dogs Act 1973 (c. 60)

Breeding of Dogs Act 1991 (c. 64)

35

Business Names Act 1985 (c. 7)

Cancer Act 1939 (c. 13), section 4

Caravan Sites and Control of Development Act 1960 (c. 2)

Celluloid and Cinematograph Film Act 1922 (c. 35)

Charities Act 1993 (c. 10), sections 76 to 78

40

Charities Act 2006 (c. 50), section 50

Children and Young Persons Act 1933 (c. 12), Part 1

Children and Young Persons Act 1963 (c. 37), Part 2

 

 

Regulatory Enforcement and Sanctions Bill [HL]
Schedule 3 — Enactments specified for the purposes of Part 1

43

 

Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23)

Christmas Day (Trading) Act 2004 (c. 26)

Cinemas Act 1985 (c. 13)

Clean Air Act 1993 (c. 11)

Clean Neighbourhoods and Environment Act 2005 (c. 16), Parts 2, 6 and 7

5

Companies Act 1985 (c. 6), Chapter 1 of Part 11 and section 693

Consumer Credit Act 1974 (c. 39)

Consumer Protection Act 1987 (c. 43)

Control of Pollution Act 1974 (c. 40)

Control of Pollution (Amendment) Act 1989 (c. 14)

10

Copyright, Designs and Patents Act 1988 (c. 48), sections 107A and 198A

Countryside Act 1968 (c. 41)

Courts and Legal Services Act 1990 (c. 41), Parts 4 and 6

Criminal Justice and Police Act 2001 (c. 16), Part 1

Criminal Justice and Public Order Act 1994 (c. 33), Parts 5, 7 and 12

15

Crossbows Act 1987 (c. 32)

Dangerous Dogs Act 1991 (c. 65)

Dangerous Wild Animals Act 1976 (c. 38)

Defective Premises Act 1972 (c. 35)

Development of Tourism Act 1969 (c. 51)

20

Disability Discrimination Act 1995 (c. 50)

Dogs Act 1906 (c. 32)

Education Reform Act 1988 (c. 40), section 215

Employment Agencies Act 1973 (c. 35)

Energy Act 1976 (c. 76)

25

Enterprise Act 2002 (c. 40), Part 8

Environment Act 1995 (c. 25)

Environment and Safety Information Act 1988 (c. 30)

Environmental Protection Act 1990 (c. 43)

Estate Agents Act 1979 (c. 38)

30

Explosives Act 1875 (c. 17)

Explosives Act 1923 (c. 17)

Explosives (Age of Purchase &c.) Act 1976 (c. 26)

Factories Act 1961 (c. 34)

Fair Trading Act 1973 (c. 41)

35

Farm and Garden Chemicals Act 1967 (c. 50)

Farriers (Registration) Act 1975 (c. 35)

Fire and Rescue Services Act 2004 (c. 21)

Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

Firearms Act 1968 (c. 27)

40

Firearms Act 1982 (c. 31)

Fireworks Act 2003 (c. 22)

Food Act 1984 (c. 30)

Food and Environment Protection Act 1985 (c. 48), Parts 1 and 2

Food Safety Act 1990 (c. 16), Parts 2 and 3

45

Food Standards Act 1999 (c. 28)

Forgery and Counterfeiting Act 1981 (c. 45)

 

 

Regulatory Enforcement and Sanctions Bill [HL]
Schedule 3 — Enactments specified for the purposes of Part 1

44

 

Fraud Act 2006 (c. 35)

Gambling Act 2005 (c. 19)

Game Act 1831 (c. 32)

Ground Game Act 1880 (c. 47)

Guard Dogs Act 1975 (c. 50)

5

Hallmarking Act 1973 (c. 43)

Health Act 2006 (c. 28), Part 1

Health and Safety at Work etc. Act 1974 (c. 37)

Highways Act 1980 (c. 66)

House to House Collections Act 1939 (c. 44)

10

Housing Act 1985 (c. 68), Parts 8, 9 and 10

Housing Act 1996 (c. 52), Part 8

Housing Act 2004 (c. 34), Parts 2 to 5

Hypnotism Act 1952 (c. 46)

Intoxicating Substances (Supply) Act 1985 (c. 26)

15

Knives Act 1997 (c. 21)

Legal Services Act 2007, section 198

Licensing Act 2003 (c. 17)

Litter Act 1983 (c. 35)

Local Government Act 1972 (c. 70), Parts 9 and 11

20

Local Government Act 1985 (c. 51), Part 2

Local Government Act 1988 (c. 9), Part 4

Local Government Act 2000 (c. 22), Part 1

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

25

London Government Act 1963 (c. 33)

London Local Authorities Act 1990 (c. vii)

London Local Authorities Act 1991 (c. xiii)

London Local Authorities Act 1994 (c. xii)

London Local Authorities Act 1995 (c. x)

30

London Local Authorities Act 1996 (c. ix)

London Local Authorities Act 2000 (c. vii)

London Local Authorities Act 2004 (c. i)

London Local Authorities Act 2007 (c. ii)

London Olympic Games and Paralympic Games Act 2006 (c. 12)

35

Malicious Communications Act 1988 (c. 27)

Medicines Act 1968 (c. 67)

Mines and Quarries Act 1954 (c. 70)

Mines and Quarries (Tips) Act 1969 (c. 10)

Mock Auctions Act 1961 (c. 47)

40

Motor Cycle Noise Act 1987 (c. 34)

National Lottery etc. Act 1993 (c. 39), sections 12 and 13

Noise Act 1996 (c. 37)

Noise and Statutory Nuisance Act 1993 (c. 40)

Offices, Shops and Railway Premises Act 1963 (c. 41)

45

Offshore Safety Act 1992 (c. 15)

Olympic Symbol etc. (Protection) Act 1995 (c. 32)

 

 

Regulatory Enforcement and Sanctions Bill [HL]
Schedule 3 — Enactments specified for the purposes of Part 1

45

 

Opticians Act 1989 (c. 44)

Osteopaths Act 1993 (c. 21)

Pedlars Act 1871 (c. 96)

Performing Animals (Regulation) Act 1925 (c. 38)

Pests Act 1954 (c. 68)

5

Pet Animals Act 1951 (c. 35)

Petroleum (Consolidation) Act 1928 (c. 32)

Petroleum (Transfer of Licences) Act 1936 (c. 27)

Plant Health Act 1967 (c. 8)

Poisons Act 1972 (c. 66)

10

Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31)

Pollution Prevention and Control Act 1999 (c. 24)

Prevention of Damage by Pests Act 1949 (c. 55)

Prices Act 1974 (c. 24)

Private Hire Vehicles (London) Act 1998 (c. 34)

15

Private Security Industry Act 2001 (c. 12)

Property Misdescriptions Act 1991 (c. 29)

Protection Against Cruel Tethering Act 1988 (c. 31)

Protection from Harassment Act 1997 (c. 40)

Protection of Animals Act 1911 (c. 27)

20

Public Health Act 1936 (c. 49)

Public Health Act 1961 (c. 64)

Public Passenger Vehicles Act 1981 (c. 14)

Refuse Disposal (Amenity) Act 1978 (c. 3)

Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541)

25

Riding Establishments Act 1964 (c. 70)

Riding Establishments Act 1970 (c. 32)

Road Traffic Act 1988 (c. 52), sections 15A, 17, 18, 41, 71, 81, 82 and 196

Road Traffic (Consequential Provisions) Act 1988 (c. 54)

Road Traffic (Foreign Vehicles) Act 1972 (c. 27)

30

Safety of Sports Grounds Act 1975 (c. 52)

Sale of Goods Act 1979 (c. 54)

Scotch Whisky Act 1988 (c. 22)

Scrap Metal Dealers Act 1964 (c. 69)

Sea Fisheries Regulation Act 1966 (c. 38)

35

Serious Organised Crime and Police Act 2005 (c. 15), Part 4

Slaughter of Poultry Act 1967 (c. 24)

Slaughterhouses Act 1974 (c. 3)

Sunday Trading Act 1994 (c. 20)

Supply of Goods and Services Act 1982 (c. 29)

40

Supply of Goods (Implied Terms) Act 1973 (c. 13)

Theatres Act 1968 (c. 54)

Theft Act 1968 (c. 60)

Theft Act 1978 (c. 31)

Timeshare Act 1992 (c. 35)

45

Tobacco Advertising and Promotion Act 2002 (c. 36)

Town Police Clauses Act 1847 (c. 89)

 

 

Regulatory Enforcement and Sanctions Bill [HL]
Schedule 4 — Enforcement action: references to LBRO

46

 

Trade Descriptions Act 1968 (c. 29)

Trade Marks Act 1994 (c. 26), section 93

Trading Representations (Disabled Persons) Act 1958 (c. 49)

Traffic Management Act 2004 (c. 18)

Transport Act 1981 (c. 56)

5

Unfair Contract Terms Act 1977 (c. 50)

Unsolicited Goods and Services Act 1971 (c. 30)

Vehicles (Crime) Act 2001 (c. 3)

Veterinary Surgeons Act 1966 (c. 36)

Video Recordings Act 1984 (c. 39)

10

Violent Crime Reduction Act 2006 (c. 38)

Water Industry Act 1991 (c. 56), sections 77 to 85

Water Resources Act 1991 (c. 57)

Weeds Act 1959 (c. 54)

Weights and Measures &c. Act 1976 (c. 77)

15

Weights and Measures Act 1985 (c. 72)

Welfare of Animals at Slaughter Act 1991 (c. 30)

Wildlife and Countryside Act 1981 (c. 69)

Zoo Licensing Act 1981 (c. 37)

Schedule 4

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Section 27(7)

 

Enforcement action: references to LBRO

Reference by enforcing authority

1     (1)  

If the primary authority directs the enforcing authority as specified in

section 27(2), the enforcing authority may with the consent of LBRO refer the

proposed enforcement action to LBRO.

25

      (2)  

On a reference under this paragraph—

(a)   

if LBRO is satisfied as to the matters in sub-paragraph (3), it must

confirm the direction;

(b)   

in any other case, it must revoke the direction (and section 27(4)(b)

shall accordingly cease to apply in relation to the direction).

30

      (3)  

The matters referred to in sub-paragraph (2) are that—

(a)   

the proposed enforcement action is inconsistent with advice or

guidance previously given by the primary authority (generally or

specifically),

(b)   

the advice or guidance was correct, and

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(c)   

the advice or guidance was properly given by the primary authority.

      (4)  

Where under sub-paragraph (2) LBRO confirms a direction of the primary

authority, it may direct the enforcing authority to take some other

enforcement action (and section 27(1) to (4) does not apply in relation to that

action).

40

      (5)  

The enforcing authority must comply with any direction under sub-

paragraph (4).

 

 

Regulatory Enforcement and Sanctions Bill [HL]
Schedule 4 — Enforcement action: references to LBRO

47

 

Reference by regulated person

2     (1)  

If the primary authority does not direct the enforcing authority as specified

in section 27(2), the regulated person may with the consent of LBRO refer the

action to LBRO.

      (2)  

On a reference under this paragraph—

5

(a)   

if LBRO is satisfied as to the matters in sub-paragraph (3), it must

direct the enforcing authority not to take the proposed enforcement

action;

(b)   

in any other case, it must consent to the action.

      (3)  

The matters referred to in sub-paragraph (2) are that—

10

(a)   

the proposed enforcement action is inconsistent with advice or

guidance previously given by the primary authority (generally or

specifically),

(b)   

the advice or guidance was correct, and

(c)   

the advice or guidance was properly given by the primary authority.

15

      (4)  

The enforcing authority may not take the proposed enforcement action if it

is directed as specified in sub-paragraph (2)(a).

      (5)  

Where LBRO gives a direction under sub-paragraph (2)(a), it may direct the

enforcing authority to take some other enforcement action (and section 27(1)

to (4) does not apply in relation to that action).

20

      (6)  

The enforcing authority must comply with any direction under sub-

paragraph (5).

      (7)  

LBRO may require a regulated person who makes a reference under this

paragraph to pay such reasonable costs incurred by LBRO as a result of the

reference as LBRO may specify.

25

Reference by primary authority

3     (1)  

The primary authority may with the consent of LBRO, instead of making a

determination under section 27(2) in relation to a proposed enforcement

action, refer the action to LBRO.

      (2)  

On a reference under this paragraph—

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(a)   

if LBRO is satisfied as to the matters in sub-paragraph (3), it must

direct the enforcing authority not to take the proposed enforcement

action;

(b)   

in any other case, it must consent to the action.

      (3)  

The matters referred to in sub-paragraph (2) are that—

35

(a)   

the proposed enforcement action is inconsistent with advice or

guidance previously given by the primary authority (generally or

specifically),

(b)   

the advice or guidance was correct, and

(c)   

the advice or guidance was properly given by the primary authority.

40

      (4)  

The enforcing authority may not take the proposed enforcement action if it

is directed as specified in sub-paragraph (2)(a).

 

 

 
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