|
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| |
| |
| |
Replacement of the LBRO company by LBRO |
| |
| |
1 (1) | For the purposes of TUPE— |
| |
(a) | the functions conferred on LBRO by this Act are to be treated as |
| 5 |
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 |
| 10 |
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). |
| 15 |
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 |
| 20 |
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 |
| |
| 25 |
(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. |
| |
| |
3 (1) | For the purposes of any enactment about income tax or corporation tax, |
| 30 |
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 |
| 35 |
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 |
| |
| |
| |
| |
|
| |
| |
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 |
| 15 |
company in an enactment, instrument or other document is to be treated as |
| |
| |
| |
| |
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 |
| |
| |
| |
|
| |
| |
Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23) |
| |
Christmas Day (Trading) Act 2004 (c. 26) |
| |
| |
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) |
| |
| |
Education Reform Act 1988 (c. 40), section 215 |
| |
Employment Agencies Act 1973 (c. 35) |
| |
| 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 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) |
| |
| |
| |
|
| |
| |
| |
Gambling Act 2005 (c. 19) |
| |
| |
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 |
| |
Legal Services Act 2007, section 198 |
| |
Licensing Act 2003 (c. 17) |
| |
| |
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 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) |
| |
| |
| |
|
| |
| |
Opticians Act 1989 (c. 44) |
| |
Osteopaths Act 1993 (c. 21) |
| |
| |
Performing Animals (Regulation) Act 1925 (c. 38) |
| |
| 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) |
| |
| 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) |
| |
| |
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) |
| |
| |
| |
Timeshare Act 1992 (c. 35) |
| 45 |
Tobacco Advertising and Promotion Act 2002 (c. 36) |
| |
Town Police Clauses Act 1847 (c. 89) |
| |
| |
| |
|
| |
| |
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) |
| |
| |
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) |
| |
| 20 |
| |
Enforcement action: references to LBRO |
| |
Reference by enforcing authority |
| |
1 (1) | If the primary authority directs the enforcing authority as specified in |
| |
section 28(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 |
| |
| |
(b) | in any other case, it must revoke the direction (and section 28(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 |
| |
| |
(b) | the advice or guidance was correct, and |
| 35 |
(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 28(1) to (4) does not apply in relation to that |
| |
| 40 |
(5) | The enforcing authority must comply with any direction under sub- |
| |
| |
| |
| |
|
| |
| |
Reference by regulated person |
| |
2 (1) | If the primary authority does not direct the enforcing authority as specified |
| |
in section 28(2), the regulated person may with the consent of LBRO refer the |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 28(1) |
| |
to (4) does not apply in relation to that action). |
| 20 |
(6) | The enforcing authority must comply with any direction under sub- |
| |
| |
(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 28(2) in relation to a proposed enforcement |
| |
action, refer the action to LBRO. |
| |
(2) | On a reference under this paragraph— |
| 30 |
(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 |
| |
| |
(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 |
| |
| |
(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). |
| |
| |
| |
|
