SCHEDULE 15 Minor and consequential amendments: Part 4
Section 57
Civil Aviation Act 1982 (c. 16)
1 In Schedule 1 to the Civil Aviation Act 1982 (constitution etc. of the Authority), in paragraph 15—
(a) the existing text becomes sub-paragraph (1), and
(b) after that sub-paragraph insert—
(2) The power in sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
Gas Act 1986 (c. 44)
2 In section 36A of the Gas Act 1986 (functions with respect to competition), in subsections (3), (3A) and (7)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
Electricity Act 1989 (c. 29)
3 In section 43 of the Electricity Act 1989 (functions with respect to competition), in subsections (3), (3A) and (6)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
Water Industry Act 1991 (c. 56)
4 The Water Industry Act 1991 is amended as follows.
5 In section 31 (functions with respect to competition), in subsections (3), (4A) and (8)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
6 In Schedule 1A (constitution etc. of the Authority), in paragraph 10, after sub-paragraph (2) insert—
(3) Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
Railways Act 1993 (c. 43)
7 In section 67 of the Railways Act 1993 (functions with respect to competition), in subsections (3), (3A) and (8)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
Competition Act 1998 (c. 41)
8 The Competition Act 1998 is amended as follows.
9 In section 26 (powers when conducting investigations), in subsection (3)(b), for “42 to” substitute “ 43 and ”.
10 In section 38 (guidance on level of penalties), in subsection (9), for “an appeal tribunal” substitute “ the Tribunal ”.
11 In section 54 (regulators), in subsection (1)—
(a) omit paragraph (c), and
(b) for paragraph (f) substitute—
(f) the Northern Ireland Authority for Utility Regulation;
.
12 (1) Schedule 1 (exclusions: mergers and concentrations) is amended as follows.
(2) In paragraph 5—
(a) omit “to the Competition Commission” (in each place where it occurs), and
(b) for “the Commission” (in each place where it occurs) substitute “ the CMA ”.
Utilities Act 2000 (c. 27)
13 In Schedule 1 to the Utilities Act 2000 (constitution etc. of the Authority), in paragraph 9, after sub-paragraph (2) insert—
(2A) Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
Transport Act 2000 (c. 38)
14 In section 86 of the Transport Act 2000 (functions with respect to competition), in subsections (3), (4)(b) and (7)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
Enterprise Act 2002 (c. 40)
15 The Enterprise Act 2002 is amended as follows.
16 (1) Section 25 (extension of time-limits) is amended as follows.
(2) In subsection (2), for the words from “has failed” to the end of the subsection substitute “ has failed (with or without a reasonable excuse) to comply with any requirement of a notice under section 109 ”.
(3) For subsection (3) substitute—
(3) An extension under subsection (2) shall come into force when notice of the extension is given and end—
(a) when the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or
(b) if earlier, the CMA cancels the extension.
17 Omit section 31 (information powers in relation to completed mergers).
18 (1) Section 32 (supplementary provision for purposes of sections 25 and 31) is amended as follows.
(2) Omit subsections (1) to (3).
(3) In subsection (4), omit “or subsection (3)(a) above”.
(4) In the heading, for “sections 25 and 31” substitute “ section 25 ”.
19 (1) Section 34A (duty where case referred by European Commission) is amended as follows.
(2) For subsection (5) substitute—
(5) The CMA may extend the preliminary assessment period if it considers that any of the persons carrying on the enterprises concerned has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 109.
(3) For subsection (6) substitute—
(6) An extension under subsection (5) shall come into force when published under section 107.
(6A) An extension under subsection (5) shall continue in force until—
(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or
(b) the CMA publishes its decision to cancel the extension.
(4) Omit subsection (7).
20 Omit section 34B (power to request information in referred cases).
21 (1) Section 42 (intervention by Secretary of State in certain public interest cases) is amended as follows.
(2) In subsection (1), in paragraph (d)(i)—
(a) for “section 22(3)(a) or (e)” substitute “ section 22(3)(za), (a) or (e) ”, and
(b) for “33(3)(a) or (e)” substitute “ 33(3)(za), (a) or (e) ”.
(3) In subsection (5), for “to 32” substitute “ to 30 ”.
(4) In subsection (6), in the words before paragraph (a), for “to 32” substitute “ to 30 ”.
(5) In that subsection, in paragraph (b), for “sections 25(1) to (3), (6) and (8) and 31” substitute “ section 25(1) to (3), (6) and (8) ”.
(6) In that subsection, in paragraph (h)—
(a) omit “, and the power to request information under section 31(1) as so applied,”, and
(b) after “existing time-limits” insert “ by virtue of section 24 (as so applied) ”.
(7) In that subsection, in paragraph (i), after “existing time-limits” insert “ by virtue of section 24 (as so applied) ”.
(8) In that subsection, omit paragraph (j).
(9) In that subsection, in paragraph (k), for “to 32” substitute “ to 30 ”.
(10) In that subsection, omit paragraph (l) and the word “and” immediately preceding it.
22 In section 46 (references under section 45: supplementary), in subsection (1)(a), omit “or 96(3)”.
23 (1) Section 46B (extension of preliminary assessment period) is amended as follows.
(2) For subsection (1) substitute—
(1) The CMA may extend the preliminary assessment period for the purposes of section 46A if it considers that any of the persons carrying on the enterprises concerned has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 109.
(3) Omit subsection (2).
(4) For subsection (3) substitute—
(3) An extension under subsection (1) shall come into force when published under section 107.
(3A) An extension under subsection (1) shall continue in force until—
(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or
(b) the CMA publishes its decision to cancel the extension.
(5) Omit subsection (4).
24 Omit section 46C (power to request information in referred cases).
25 (1) Section 49 (variation of references under section 45) is amended as follows.
(2) In subsection (2), omit “1,”.
(3) In subsection (3), omit “1,”.
(4) In subsection (4) —
(a) omit “any undertaking accepted under paragraph 1 of Schedule 7, or”, and
(b) for “that Schedule” substitute “ Schedule 7 ”.
(5) In subsection (5)—
(a) omit “undertaking or” (in each place where it occurs),
(b) omit “, accepted or” (in each place where it occurs), and
(c) omit “, superseded, released”.
26 (1) Section 59 (intervention by Secretary of State in special public interest cases) is amended as follows.
(2) In subsection (5), for “to 32” substitute “ to 30 ”.
(3) In subsection (6), in the words before paragraph (a), for “to 32” substitute “ to 30 ”.
(4) In that subsection, in paragraph (c), for “sections 25(1) to (3), (6) and (8) and 31” substitute “ section 25(1) to (3), (6) and (8) ”.
(5) In that subsection, in paragraph (g), omit “, and the power to request information under section 31(1) as so applied,”.
(6) In that subsection, omit paragraph (h).
(7) In that subsection, in paragraph (i), for “to 32” substitute “ to 30 ”.
(8) In that subsection, omit paragraph (j) and the word “and” immediately preceding it.
27 (1) Section 64 (cancellation and variation of references under section 62) is amended as follows.
(2) In subsection (3), omit “1,”.
(3) In subsection (4)—
(a) omit “any undertaking accepted under paragraph 1 of Schedule 7, or”, and
(b) for “that Schedule” substitute “ Schedule 7 ”.
(4) In subsection (5)—
(a) omit “undertaking or” (in each place where it occurs),
(b) omit “, accepted or” (in each place where it occurs), and
(c) omit “, superseded, released”.
28 (1) Section 67 (intervention to protect legitimate interests) is amended as follows.
(2) In subsection (7), for “to 32” substitute “ to 30 ”.
(3) In subsection (8), in the words before paragraph (a), for “to 32” substitute “ to 30 ”.
(4) In that subsection, in paragraph (d), for “sections 25, 31 and 32” substitute “ section 25 ”.
29 In section 68 (scheme for protecting legitimate interests), in subsection (4)(a), for “to 32” substitute “ to 30 ”.
30 In section 77 (restrictions on certain share dealings: completed mergers), in subsection (1)(b), omit “71 or”.
31 In section 78 (restrictions on certain share dealings: anticipated mergers), in subsection (1)(b), for “section 81” substitute “ section 72 or 81 ”.
32 In section 89 (subject matter of undertakings), in subsection (2)—
(a) omit “71,”, and
(b) omit “1,”.
33 (1) Section 93 (further role of OFT in relation to undertakings and orders) is amended as follows.
(2) In subsection (1), in paragraph (b), omit “1,”.
(3) In subsection (2), omit “1,”.
(4) In subsection (4), omit “1,”.
34 In section 94 (rights to enforce undertakings and orders), in subsection (8), omit “1,”.
35 (1) Section 99 (functions in relation to merger notices) is amended as follows.
(2) Omit subsections (2) to (4).
(3) In subsection (5), in paragraph (c), for the words from “or any” to “as required” substitute “ or the person who gave the merger notice has failed (with or without a reasonable excuse) to comply with any requirement of a notice under section 109 in relation to the case concerned ”.
36 (1) Section 107 (further publicity requirements) is amended as follows.
(2) In subsection (1), for paragraph (a) substitute—
(a) any decision made by it that the duty to make a reference under section 22 or 33 applies and any such reference made by it;
(aa) any decision made by it that the duty to make such a reference does not apply (other than a decision made by virtue of subsection (2)(b) of section 33);
.
(3) In that subsection, after paragraph (aa) insert—
(ab) any notice given by it as mentioned in paragraph (b) of the definition of “initial period” in section 34ZA(3);
(ac) any extension by it under section 34ZB of the initial period;
(ad) any decision made by it to cancel an extension as mentioned in section 34ZB(7)(b);
(ae) any extension by it under section 34A of the preliminary assessment period;
(af) any decision made by it to cancel an extension as mentioned in section 34A(6A)(b);.
(ag) any extension by it under section 46B of the preliminary assessment period;
(ah) any decision made by it to cancel an extension as mentioned in section 46B(3A)(b);
.
(4) In that subsection, omit paragraph (d).
(5) In that subsection, after paragraph (e) insert—
(ea) any notice given by it under section 73A(2)(b);
(eb) any extension by it under section 73A of the period for considering whether to accept an undertaking under section 73;
(ec) any decision made by it to cancel an extension as mentioned in section 73A(11)(b);
.
(6) In that subsection, in paragraph (f), for “such an undertaking or order” substitute “ an order mentioned in paragraph (e) ”.
(7) At the end of that subsection insert
; and
(i) any notice given by it under section 96(2A).
(8) In subsection (2), after paragraph (e) insert—
(ea) any extension by it under section 41A of the period within which its duty under section 41(2) is to be discharged;
(eb) any decision made by it to cancel an extension as mentioned in section 41A(7)(b);
.
(9) In subsection (3), omit paragraphs (h) and (i).
37 In section 130 (index of defined expressions), omit the entry for “Undertakings under paragraph 1 of Schedule 7”.
38 (1) Schedule 7 (enforcement regime for public interest and special public interest cases) is amended as follows.
(2) In paragraph 7, in sub-paragraph (1), for paragraph (b) substitute—
(b) no orders under paragraph 2 are in force in relation to the relevant merger situation concerned or (as the case may be) the special merger situation concerned.
(3) In paragraph 8, in sub-paragraph (1), for paragraph (b) substitute—
(b) no orders under paragraph 2 are in force in relation to the relevant merger situation concerned or (as the case may be) the special merger situation concerned.
39 In Schedule 15 (enactments conferring functions for the purposes of which specified information may be disclosed), at the end insert— “ The Health and Social Care Act 2012. ”
Office of Communications Act 2002 (c. 11)
40 In Schedule 1 to the Office of Communications Act 2002 (constitution etc. of the OFCOM), in paragraph 18—
(a) the existing text becomes sub-paragraph (1), and
(b) after that sub-paragraph insert—
(2) Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
Railways and Transport Safety Act 2003 (c. 20)
41 In Schedule 1 to the Rail and Transport Safety Act 2003 (constitution etc. of the Office of Rail Regulation), in paragraph 7—
(a) the existing text becomes sub-paragraph (1), and
(b) after that sub-paragraph insert—
(2) Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
Communications Act 2003 (c. 21)
42 The Communications Act 2003 is amended as follows.
43 (1) Section 192 (appeals against decisions by OFCOM etc) is amended as follows.
(2) In subsection (1), after paragraph (d) insert—
(e) a decision by the CMA to which effect is given by an order made under section 193A.
(3) In subsection (6)(b), after “the Secretary of State” insert “ , by the CMA ”.
44 In section 193 (reference of price control matters), in subsection (10), after “this section” insert “ and section 193A ”.
45 In section 195 (decisions of the Tribunal), in subsection (9), for “or the Secretary of State” (in each place it occurs) substitute “ , the Secretary of State or the CMA ”.
46 In section 371 (functions under the Competition Act 1998), in subsections (2) and (3)(a), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
Health and Social Care Act 2012 (c. 7)
47 The Health and Social Care 2012 is amended as follows.
48 In section 72 (functions under the Competition Act 1998), in subsections (2) and (3), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
49 In Schedule 8 (constitution etc. of Monitor), in paragraph 11, after sub-paragraph (2) insert—
(2A) Sub-paragraph (2) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
Civil Aviation Act 2012 (c. 19)
50 The Civil Aviation Act 2012 is amended as follows.
51 In section 62 (functions under Competition Act 1998), in subsections (2) and (4), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
52 In section 63 (Competition Act 1998: supplementary), in subsection (1), after “38(1) to (6)” insert “ , 40B(1) to (4) ”.
Electricity (Northern Ireland) Order 1992 (SI 1992/231 (N.I. 1))
53 In article 46 of the Electricity (Northern Ireland) Order 1992 (functions with respect to competition), in paragraphs (3), (3A) and (6)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
Gas (Northern Ireland) Order 1996 (SI 1996/275 (N.I. 2))
54 In article 23 of the Gas (Northern Ireland) Order 1996 (functions with respect to competition), in paragraphs (3), (3A) and (6)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.
Energy (Northern Ireland) Order 2003 (SI 2003/419 (N.I. 6))
55 In Schedule 1 to the Energy (Northern Ireland) Order 2003 (constitution etc. of the Authority), in paragraph 9, after sub-paragraph (2) insert—
(2A) Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
SCHEDULE 16 Local listed building consent orders: procedure
Section 60(5)
In the Planning (Listed Buildings and Conservation Areas) Act 1990, after Schedule 2 insert—
SCHEDULE 2A
Local listed building consent orders: procedure
Section 26D
Preparation
1 (1) A local listed building consent order must be prepared in accordance with such procedure as is prescribed by regulations under this Act.
(2) The regulations may include provision as to—
(a) the preparation, submission, approval, adoption, revision, revocation and withdrawal of a local listed building consent order;
(b) notice, publicity, and inspection by the public;
(c) consultation with and consideration of views of such persons and for such purposes as are prescribed;
(d) the making and consideration of representations.
Revision
2 (1) The local planning authority may at any time prepare a revision of a local listed building consent order.
(2) An authority must prepare a revision of a local listed building consent order—
(a) if the Secretary of State directs them to do so, and
(b) in accordance with such timetable as the Secretary of State directs.
(3) This Schedule applies to the revision of a local listed building consent order as it applies to the preparation of the order.
(4) A local listed building consent order may not be varied except by revision under this paragraph.
Order to be adopted
3 A local listed building consent order is of no effect unless it is adopted by resolution of the local planning authority.
Annual report
4 (1) While a local listed building consent order is in force the local planning authority must prepare reports containing such information as is prescribed as to the extent to which the order is achieving its purposes.
(2) A report under this paragraph must—
(a) be in respect of a period—
(i) which the authority considers appropriate in the interests of transparency,
(ii) which begins with the end of the period covered by the authority's most recent report under this paragraph (or, in the case of the first report, with the day the order comes into force), and
(iii) which is not longer than 12 months or such shorter period as is prescribed;
(b) be in such form as is prescribed;
(c) contain such other matter as is prescribed.
(3) The authority must make its reports under this section available to the public.
Section 63
National Heritage Act 1983 (c. 47)
1 (1) Section 33 of the National Heritage Act 1983 (the Commission's general function) is amended as follows.
(2) In subsection (2A)—
(a) in paragraph (a) after “1979” insert “ , under section 196D of the Town and Country Planning Act 1990 ”, and
(b) in paragraph (b) for “that Part or of that Act of 1990” substitute “ Part 1 of the Ancient Monuments and Archaeological Areas Act 1979 or the Planning (Listed Buildings and Conservation Areas) Act 1990 ”.
(3) After subsection (2A) insert—
(2AA) In relation to an actual or apprehended breach of planning control in respect of relevant demolition, in section 187B of the Town and Country Planning Act 1990 (injunctions restraining breaches of planning control) reference to a local planning authority includes reference to the Commission.
(2AB) In subsection (2AA)—
“breach of planning control” has the same meaning as in the Town and Country Planning Act 1990 (see section 171A of that Act);
“relevant demolition” has the same meaning as in section 196D of that Act.
Town and Country Planning Act 1990 (c. 8)
2 The Town and Country Planning Act 1990 is amended as follows.
3 In section 108 (compensation for refusal or conditional grant of planning permission formerly granted by order) after subsection (3E) insert—
(3F) This section does not apply to the extent that the development referred to in subsection (1)(b) would, while permitted by a development order, have required conservation area consent under the Planning (Listed Buildings and Conservation Areas) Act 1990.
4 In section 171B (time limits for enforcement of breaches of planning control) after subsection (2) insert—
(2A) There is no restriction on when enforcement action may be taken in relation to a breach of planning control in respect of relevant demolition (within the meaning of section 196D).
5 In section 174 (appeal against enforcement notice) before subsection (3) insert—
(2C) Where any breach of planning control constituted by the matters stated in the notice relates to relevant demolition (within the meaning of section 196D), an appeal may also be brought on the grounds that—
(a) the relevant demolition was urgently necessary in the interests of safety or health;
(b) it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter; and
(c) the relevant demolition was the minimum measure necessary.
6 After section 196C insert—
Conservation areas
Offence of failing to obtain planning permission for demolition of unlisted etc buildings in conservation areas in England
196D (1) It is an offence for a person to carry out or cause or permit to be carried out relevant demolition without the required planning permission.
(2) It is also an offence for a person to fail to comply with any condition or limitation subject to which planning permission for relevant demolition is granted.
(3) In this section “relevant demolition” means the demolition of a building that—
(a) is situated in a conservation area in England; and
(b) is not a building to which section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 does not apply by virtue of section 75 of that Act (listed buildings, certain ecclesiastical buildings, scheduled monuments and buildings described in a direction of the Secretary of State under that section).
(4) It is a defence for a person accused of an offence under this section to prove the following matters—
(a) that the relevant demolition was urgently necessary in the interests of safety or health;
(b) that it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter;
(c) that the relevant demolition was the minimum measure necessary; and
(d) that notice in writing of the relevant demolition was given to the local planning authority as soon as reasonably practicable.
(5) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.
(6) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003, subsection (5)(a) has effect as if the reference to 12 months were to 6 months.
(7) In relation to an offence committed before the coming into force of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, subsection (5)(a) has effect as if the reference to a fine were a reference to a fine not exceeding £20,000.
(8) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to that person in consequence of the offence.
(9) Where, after a person commits an offence under this section, planning permission is granted for any development carried out before the grant of the permission, that grant does not affect the person's liability for the offence.
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
7 The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.
8 (1) Section 1 (listing of buildings of special architectural or historic interest) is amended as follows.
(2) In subsection (5) after “shall” insert “ , subject to subsection (5A)(a), ”.
(3) After subsection (5) insert—
(5A) In a list compiled or approved under this section, an entry for a building situated in England may provide—
(a) that an object or structure mentioned in subsection (5)(a) or (b) is not to be treated as part of the building for the purposes of this Act;
(b) that any part or feature of the building is not of special architectural or historic interest.
9 (1) Section 6 (issue of certificate that building not intended to be listed) is amended as follows.
(2) Before subsection (1) insert—
(A1) The Secretary of State may, on the application of any person, issue a certificate stating that the Secretary of State does not intend to list a building situated in England.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In subsection (2) for “such a certificate” substitute “ a certificate under subsection (A1) or (1) ”.
(5) In subsection (3) after “subsection” insert “ (A1) or ”.
10 In section 32(1)(a) (purchase notice on refusal or conditional grant of consent)—
(a) for “listed building consent in respect of a building” substitute “ on an application for listed building consent in respect of a building, consent ”;
(b) before “is revoked” insert “ such consent granted on an application ”.
11 In section 62(2) (validity of certain orders and decisions), after paragraph (a) insert—
(aa) any decision to approve or reject a local listed building consent order or part of such an order;
(ab) any decision on an appeal under section 26K;
.
12 (1) Section 74 (control of demolition in conservation areas) is amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) After subsection (2) insert—
(2A) Sections 56, 66(1) and 90(2) to (4) have effect in relation to buildings in conservation areas in England as they have effect in relation to listed buildings, subject to such exceptions and modifications as may be prescribed by regulations.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 In section 75 (cases in which section 74 does not apply) in subsection (11)—
(a) for “that section”, in both places those words appear, substitute “ section 74 ”, and
(b) after “43” insert “ or section 196D of the principal Act (offence of failing to obtain, or comply with, planning permission for demolition of unlisted etc building in conservation area in England) ”.
14 In section 82(3) (application of Act to land and works of local planning authorities) for “to 29” substitute “ to 26, 28, 29 ”.
15 In section 82A(2) (application to the Crown), after paragraph (c) insert—
(ca) section 26J;
.
16 In section 88(2)(c) (rights of entry) after “11” insert “ , 26J ”.
17 In section 92(2)(b) (application to Isles of Scilly), after “Schedules 1, 2” insert “ , 2A ”.
18 (1) Section 93 (regulations and orders) is amended as follows.
(2) In subsection (4) after “8(5),” insert “ 26C, ”.
(3) In subsection (5A) after “section” insert “ 26C or ”.
19 (1) Schedule 3 (determination of certain appeals by person appointed by Secretary of State) is amended as follows.
(2) In paragraph 1(1), 2(8)(a) and 3(3) after “20” insert “ , 26K ”.
(3) In paragraph 2(1) after paragraph (a) (before “and” at the end) insert—
(aa) in relation to an appeal under section 26K, as the Secretary of State has under section 26K(4) to (6);
.
Application
20 Paragraph 8 applies in relation to entries for buildings that are listed, or entries that are amended, on or after the date on which that paragraph comes into force.
SCHEDULE 18 Adjudicators: bankruptcy applications by debtors and bankruptcy orders
Section 71(2)
CHAPTER A1 Adjudicators: bankruptcy applications by debtors and bankruptcy orders
Bankruptcy applications to an adjudicator
263H (1) An individual may make an application to an adjudicator in accordance with this Chapter for a bankruptcy order to be made against him or her.
(2) An individual may make a bankruptcy application only on the ground that the individual is unable to pay his or her debts.
Debtors against whom an adjudicator may make a bankruptcy order
263I (1) An adjudicator has jurisdiction to determine a bankruptcy application only if—
(a) the centre of the debtor's main interests is in England and Wales, or
(b) the centre of the debtor's main interests is not in a member state of the European Union which has adopted the EC Regulation, but the test in subsection (2) is met.
(2) The test is that—
(a) the debtor is domiciled in England and Wales, or
(b) at any time in the period of three years ending with the day on which the application is made to the adjudicator, the debtor—
(i) has been ordinarily resident, or has had a place of residence, in England and Wales, or
(ii) has carried on business in England and Wales.
(3) The reference in subsection (2) to the debtor carrying on business includes—
(a) the carrying on of business by a firm or partnership of which the debtor is a member, and
(b) the carrying on of business by an agent or manager for the debtor or for such a firm or partnership.
(4) In this section, references to the centre of the debtor's main interests have the same meaning as in Article 3 of the EC Regulation.
Conditions applying to bankruptcy application
263J (1) A bankruptcy application must include—
(a) such particulars of the debtor's creditors, debts and other liabilities, and assets, as may be prescribed, and
(b) such other information as may be prescribed.
(2) A bankruptcy application is not to be regarded as having been made unless any fee or deposit required in connection with the application by an order under section 415 has been paid to such person, and within such period, as may be prescribed.
(3) A bankruptcy application may not be withdrawn.
(4) A debtor must notify the adjudicator if, at any time before a bankruptcy order is made against the debtor or the adjudicator refuses to make such an order—
(a) the debtor becomes able to pay his or her debts, or
(b) a bankruptcy petition has been presented to the court in relation to the debtor.
Determination of bankruptcy application
263K (1) After receiving a bankruptcy application, an adjudicator must determine whether the following requirements are met—
(a) the adjudicator had jurisdiction under section 263I to determine the application on the date the application was made,
(b) the debtor is unable to pay his or her debts at the date of the determination,
(c) no bankruptcy petition is pending in relation to the debtor at the date of the determination, and
(d) no bankruptcy order has been made in respect of any of the debts which are the subject of the application at the date of the determination.
(2) If the adjudicator is satisfied that each of the requirements in subsection (1) are met, the adjudicator must make a bankruptcy order against the debtor.
(3) If the adjudicator is not so satisfied, the adjudicator must refuse to make a bankruptcy order against the debtor.
(4) The adjudicator must make a bankruptcy order against the debtor or refuse to make such an order before the end of the prescribed period (“the determination period”).
Adjudicator's requests for further information
263L (1) An adjudicator may at any time during the determination period request from the debtor information that the adjudicator considers necessary for the purpose of determining whether a bankruptcy order must be made.
(2) The adjudicator may specify a date before which information requested under subsection (1) must be provided; but that date must not be after the end of the determination period.
(3) If the rules so prescribe, a request under subsection (1) may include a request for information to be given orally.
(4) The rules may make provision enabling or requiring an adjudicator to request information from persons of a prescribed description in prescribed circumstances.
Making of bankruptcy order
263M (1) This section applies where an adjudicator makes a bankruptcy order as a result of a bankruptcy application.
(2) The order must be made in the prescribed form.
(3) The adjudicator must—
(a) give a copy of the order to the debtor, and
(b) give notice of the order to persons of such description as may be prescribed.
Refusal to make a bankruptcy order: review and appeal etc.
263N (1) Where an adjudicator refuses to make a bankruptcy order on a bankruptcy application, the adjudicator must give notice to the debtor—
(a) giving the reasons for the refusal, and
(b) explaining the effect of subsections (2) to (5).
(2) If requested by the debtor before the end of the prescribed period, the adjudicator must review the information which was available to the adjudicator when the determination that resulted in the refusal was made.
(3) Following a review under subsection (2) the adjudicator must—
(a) confirm the refusal to make a bankruptcy order, or
(b) make a bankruptcy order against the debtor.
(4) Where the adjudicator confirms a refusal under subsection (3), the adjudicator must give notice to the debtor—
(a) giving the reasons for the confirmation, and
(b) explaining the effect of subsection (5).
(5) If the refusal is confirmed under subsection (3), the debtor may appeal against the refusal to the court before the end of the prescribed period.
False representations and omissions
263O (1) It is an offence knowingly or recklessly to make any false representation or omission in—
(a) making a bankruptcy application to an adjudicator, or
(b) providing any information to an adjudicator in connection with a bankruptcy application.
(2) It is an offence knowingly or recklessly to fail to notify an adjudicator of a matter in accordance with a requirement imposed by or under this Part.
(3) It is immaterial for the purposes of an offence under this section whether or not a bankruptcy order is made as a result of the application.
(4) It is not a defence in proceedings for an offence under this section that anything relied on, in whole or in part, as constituting the offence was done outside England and Wales.
(5) Proceedings for an offence under this section may only be instituted—
(a) by the Secretary of State, or
(b) by or with the consent of the Director of Public Prosecutions.
SCHEDULE 19 Adjudicators: minor and consequential amendments
Section 71(3)
1 The Insolvency Act 1986 is amended in accordance with this Schedule.
2 In section 253 (application for interim order), omit subsection (5).
3 In section 255 (cases in which interim order can be made), in subsection (1)(b) for “petition for his own bankruptcy” substitute “ make a bankruptcy application ”.
4 (1) Section 256A (debtor's proposal and nominee's report) is amended as follows.
(2) In subsection (1) omit the words from “unless” to the end.
(3) In subsection (3) for “petition for his own bankruptcy” substitute “ make a bankruptcy application ”.
5 For the heading to Chapter 1 of Part 9 substitute “ The court: bankruptcy petitions and bankruptcy orders ”.
6 In section 264 (who may present a bankruptcy petition), in subsection (1) omit paragraph (b).
7 For section 265 (conditions to be satisfied in respect of debtor) substitute—
Creditor's petition: debtors against whom the court may make a bankruptcy order
265 (1) A bankruptcy petition may be presented to the court under section 264(1)(a) only if—
(a) the centre of the debtor's main interests is in England and Wales, or
(b) the centre of the debtor's main interests is not in a member state of the European Union which has adopted the EC Regulation, but the test in subsection (2) is met.
(2) The test is that—
(a) the debtor is domiciled in England and Wales, or
(b) at any time in the period of three years ending with the day on which the petition is presented, the debtor—
(i) has been ordinarily resident, or has had a place of residence, in England and Wales, or
(ii) has carried on business in England and Wales.
(3) The reference in subsection (2) to the debtor carrying on business includes—
(a) the carrying on of business by a firm or partnership of which the debtor is a member, and
(b) the carrying on of business by an agent or manager for the debtor or for such a firm or partnership.
(4) In this section, references to the centre of the debtor's main interests have the same meaning as in Article 3 of the EC Regulation.
8 In section 266 (bankruptcy petitions: other preliminary conditions), in subsection (4) omit “, (b)”.
9 (1) Sections 272 to 274A (and the cross-heading immediately preceding those sections) (debtor's petition) are repealed.
(2) In consequence of the repeal of section 274A by sub-paragraph (1), omit paragraph 3 of Schedule 20 to the Tribunals, Courts and Enforcement Act 2007 (debt relief orders: consequential amendments).
10 For the cross-heading immediately before section 278 substitute— “ CHAPTER 1A Commencement and duration of bankruptcy ”.
11 In section 278 (commencement and continuance), in paragraph (b) (discharge of bankruptcy order) omit “the following provisions of”.
12 In section 279 (duration of bankruptcy), in subsection (6) for “adjudged” substitute “ made ”.
13 In section 282 (court's power to annul bankruptcy order), in subsection (2)—
(a) omit “, (b)”,
(b) after “section 264(1)” insert “ or on a bankruptcy application ”, and
(c) in paragraph (a) after “pending” insert “ or the application was ongoing ”.
14 In section 283 (definition of bankrupt's estate), in subsection (5)(a) for “adjudged” substitute “ made ”.
15 (1) Section 284 (restrictions on dispositions of property) is amended as follows.
(2) In subsection (1) for “adjudged” substitute “ made ”.
(3) In subsection (3) for “presentation of the petition for the bankruptcy order” substitute “ making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition ”.
(4) In subsection (4), in paragraph (a) before “petition” insert “ bankruptcy application had been made or (as the case may be) that the bankruptcy ”.
16 (1) Section 285 (restriction on proceedings and remedies) is amended as follows.
(2) In subsection (1)—
(a) after “when” insert “ proceedings on a bankruptcy application are ongoing or ”, and
(b) for “adjudged” substitute “ made ”.
(3) In subsection (2) after “proof that” insert “ a bankruptcy application has been made or ”.
17 (1) Section 286 (power to appoint interim receiver) is amended as follows.
(2) Omit subsection (2).
(3) In subsection (8), for “adjudged” substitute “ made ”.
18 In section 288 (statement of affairs), in subsection (1) for “debtor's petition” substitute “ bankruptcy application ”.
19 In section 290 (public examination of bankrupt), in subsection (4)(a) for “adjudged” substitute “ made ”.
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23 In section 298 (removal of trustee and vacation of office), in subsections (7) and (8) for “court” substitute “ prescribed person ”.
24 (1) Section 299 (release of trustee) is amended as follows.
(2) In subsection (1)(a) for “to the court” substitute “ under this paragraph to the prescribed person ”.
(3) In subsection (3)(a) for “court” substitute “ prescribed person ”.
25 (1) Section 320 (court order vesting disclaimed property) is amended as follows.
(2) In subsection (2)(c) before “bankruptcy” insert “ bankruptcy application was made or (as the case may be) the ”.
(3) In subsection (3)(c) before “bankruptcy” insert “ bankruptcy application was made or (as the case may be) the ”.
26 In section 321 (orders under section 320 in respect of leaseholds), in subsection (1)(a) before “bankruptcy” insert “ bankruptcy application was made or (as the case may be) the ”.
27 In section 323 (mutual credit and set-off), in subsection (3) before “a bankruptcy” insert “ proceedings on a bankruptcy application relating to the bankrupt were ongoing or that ”.
28 In section 334 (stay of distribution in case of second bankruptcy), in subsection (2) before “presentation of the petition” insert “ making of the application or (as the case may be) the ”.
29 (1) Section 336 (rights of occupation etc of bankrupt's spouse or civil partner) is amended as follows.
(2) In subsection (1) for “presentation of the petition for the bankruptcy order” substitute “ making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition ”.
(3) In subsection (2) for “adjudged” substitute “ made ”.
30 In section 337 (rights of occupation of bankrupt), in subsection (1)—
(a) in paragraph (a) for “adjudged” substitute “ made ”, and
(b) in paragraph (b) before “bankruptcy petition” insert “ bankruptcy application was made or (as the case may be) the ”.
31 In section 339 (transactions at an undervalue), in subsection (1) for “adjudged” substitute “ made ”.
32 In section 340 (preferences), in subsection (1) for “adjudged” substitute “ made ”.
33 In section 341 (meaning of “relevant time” under sections 339 and 340), in subsection (1)(a) for “presentation of the bankruptcy petition on which the individual is adjudged” substitute “ making of the bankruptcy application as a result of which, or (as the case may be) the presentation of the bankruptcy petition on which, the individual is made ”.
34 (1) Section 342 (orders under sections 339 and 340) is amended as follows.
(2) In subsection (1) for “adjudged” substitute “ made ”.
(3) In subsection (5)—
(a) for paragraph (a) substitute—
(a) of the fact that the bankruptcy application as a result of which, or (as the case may be) the bankruptcy petition on which, the individual in question is made bankrupt has been made or presented; or
, and
(b) in paragraph (b) for “adjudged” substitute “ made ”.
35 In section 342A (recovery of excessive pension contributions), in subsection (1) for “adjudged” substitute “ made ”.
36 In section 343 (extortionate credit transactions), in subsection (1) for “adjudged” substitute “ made ”.
37 (1) Section 344 (avoidance of general assignment of book debts) is amended as follows.
(2) In subsection (1) for “adjudged” substitute “ made ”.
(3) In subsection (2) before “presentation” insert “ making of the bankruptcy application or (as the case may be) the ”.
38 In section 345 (contracts to which bankrupt is a party), in subsection (1) for “adjudged” substitute “ made ”.
39 (1) Section 346 (enforcement procedures) is amended as follows.
(2) In subsections (1) and (2) for “adjudged” substitute “ made ”.
(3) In subsection (3)—
(a) in paragraph (b) before “bankruptcy” insert “ bankruptcy application has been made or a ”, and
(b) in paragraph (c) before “on that petition” insert “ as a result of that application or ”.
(4) In subsection (4)(a) after “while” insert “ proceedings on a bankruptcy application are ongoing or (as the case may be) ”.
40 (1) Section 347 (distress, etc) is amended as follows.
(2) In subsection (2)—
(a) after “individual to whom” insert “ a bankruptcy application or ”, and
(b) before “on that petition” insert “ as a result of that application or ”.
(3) In subsection (3) for “adjudged” substitute “ made ”.
41 In section 348 (apprenticeships, etc), in subsection (1)(a) for “petition on which the order was made” substitute “ application for the order was made or (as the case may be) the petition for the order ”.
42 In section 350 (application of Chapter 6 of Part 9: bankruptcy offences), in subsection (1) after “applies” insert
—
(a) where an adjudicator has made a bankruptcy order as a result of a bankruptcy application, or
(b)
.
43 (1) Section 351 (definitions for the purposes of Chapter 6 of Part 9) is amended as follows.
(2) In paragraph (b) before “presentation” insert “ making of the bankruptcy application or (as the case may be) the ”.
(3) Omit paragraph (c), and the preceding “and”.
44 (1) Section 354 (concealment of property) is amended as follows.
(2) In subsection (1)(c) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
(3) In subsection (3)(a) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
45 (1) Section 355 (concealment of books and papers; falsification) is amended as follows.
(2) In subsection (2)(d) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
(3) In subsection (3)(b) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
46 In section 356 (false statements), in subsection (2)(c) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
47 In section 358 (absconding), in paragraph (b) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
48 (1) Section 359 (fraudulent dealing with property obtained on credit) is amended as follows.
(2) In subsection (1) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
(3) In subsection (2) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.
49 In section 360 (obtaining credit and engaging in business), in subsection (1)(b) for “adjudged” substitute “ made ”.
50 (1) Section 364 (power of arrest) is amended as follows.
(2) In subsection (1)(a) after “to whom a” insert “ bankruptcy application or a ”.
(3) In subsection (2) before “presentation” insert “ making of the bankruptcy application or the ”.
51 In section 376 (time limits), after “anything” insert “ (including anything in relation to a bankruptcy application) ”.
52 (1) Section 381 (definition of “bankrupt” and associated terminology) is amended as follows.
(2) In subsection (1) for “adjudged” (in both places where it occurs) substitute “ made ”.
(3) After subsection (1) insert—
(1A) Bankruptcy application” means an application to an adjudicator for a bankruptcy order.
(4) In subsection (2) for “adjudging” substitute “ making ”.
53 In section 383 (definition of “creditor” etc.), in subsection (1)(b)—
(a) after “to whom a” insert “ bankruptcy application or ”, and
(b) after “that” insert “ application or ”.
54 In section 384 (definitions of “prescribed” and “the rules”), in subsection (1) omit “section 273;”.
55 In section 385 (miscellaneous definitions), in subsection (1)—
(a) before the definition of “the court” insert—
“adjudicator” means a person appointed by the Secretary of State under section 398A;
,
(b) in the definition of “the debtor”, in paragraph (b)—
(i) before “bankruptcy petition” insert “ bankruptcy application or a ”, and
(ii) after “to whom the” insert “ application or ”,
(c) omit the definition of “debtor's petition”, and
(d) before the definition of “dwelling house” insert—
determination period” has the meaning given in section 263K(4);
.
56 In section 387 (meaning of “the relevant date”), in subsection (6)(a) after “after” insert “ the making of the bankruptcy application or (as the case may be) ”.
57 In section 389A (authorisation of nominees and supervisors), in subsection (3)(a) for “adjudged” substitute “ made ”.
58 In section 390 (persons not qualified to act as insolvency practitioners), in subsection (4)(a) for “adjudged” substitute “ made ”.
59 (1) Section 415 (fees orders) is amended as follows.
(2) In subsection (1)—
(a) after paragraph (a) omit “and”, and
(b) at the end of paragraph (b) insert
and
(c) the performance by an adjudicator of functions under Part 9 of this Act,
.
(3) After subsection (1) insert—
(1A) An order under subsection (1) may make different provision for different purposes, including by reference to the manner or form in which proceedings are commenced.
60 In section 421A (insolvent estates: joint tenancies), in subsection (9) in the definition of “value lost to the estate”, for “adjudged” substitute “ made ”.
61 In section 424 (who may apply for an order under section 423 in respect of transactions entered into at an undervalue), in subsection (1)(a) for “adjudged” substitute “ made ”.
62 In Schedule 4ZA (conditions for making a debt relief order), for paragraph 3 substitute—
3 A bankruptcy application under Part 9—
(a) has not been made before the determination date; or
(b) has been so made, but proceedings on the application have been finally disposed of before that date.
63 (1) In Schedule 4A (bankruptcy restrictions orders), paragraph 2 is amended as follows.
(2) In sub-paragraph (2)—
(a) in paragraph (a), for the words from “petition” to the end substitute “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition and ending with the date of the application for the bankruptcy restrictions order ”, and
(b) in paragraph (j), for “presentation of the petition” substitute “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition ”.
(3) In sub-paragraph (4) omit the definition of “before petition”.
64 In Schedule 6 (categories of preferential debts), in paragraph 14(1) for “adjudged” substitute “ made ”.
65 (1) Schedule 9 (provisions capable of inclusion in individual insolvency rules) is amended as follows.
(2) After paragraph 4 insert—
Adjudicators
4A Provision for regulating the practice and procedure of adjudicators in the discharge of functions for the purposes of Part 9 of this Act.
4B Provision about the form and content of a bankruptcy application (including an application for a review of an adjudicator's determination).
(3) After paragraph 4B (as inserted by sub-paragraph (2)) insert—
Appeals against determinations by adjudicators
4C Provision about the making and determining of appeals to the court against a determination by an adjudicator, including provision—
(a) enabling the court to make a bankruptcy order on such an appeal, and
(b) about where such appeals lie.
(4) After paragraph 24 insert—
24A Provision requiring adjudicators—
(a) to keep files and other records relating to bankruptcy applications and bankruptcies resulting from bankruptcy applications,
(b) to make files and records available for inspection by persons of a prescribed description, and
(c) to provide files and records, or copies of them, to persons of a prescribed description.
24B Provision requiring an adjudicator to make returns to the Secretary of State of the adjudicator's business under Part 9 of this Act.
24C Provision requiring official receivers—
(a) to keep files and other records relating to bankruptcy applications and bankruptcies resulting from bankruptcy applications, and
(b) to make files and records available for inspection by persons of a prescribed description.
24D Provision requiring a person to whom notice is given under section 293(2), 295(3), 298(7) or (8) or section 299(1)(a) or (3)(a)—
(a) to keep files and other records of notices given under the section in question, and
(b) to make files and records available for inspection by persons of a prescribed description.
66 (1) In the Table in Schedule 10 (punishment of offences), insert the following entry after the entry relating to section 262A(1)—
263O | False representations or omissions in connection with a bankruptcy application. | 1 On indictment 2 Summary | 1 7 years or a fine, or both. 2 12 months or the statutory maximum, or both.
(2) In the application of the entry inserted by sub-paragraph (1) in relation to an offence committed before 2 May 2022, the reference in the fourth column to “12 months” is to be read as a reference to “6 months”.
SCHEDULE 20 Abolition of Agricultural Wages Board and related English bodies: consequential provision
Section 72(4)
1 In section 28 of the Rent (Agriculture) Act 1976 (duty of housing authority upon receiving application that agricultural worker be re-housed etc), in subsection (3), for “The authority” substitute “ If the dwelling-house is in Wales, the authority ”.
2 The repeals and revocations in the following table have effect.
Reference | Extent of repeal or revocation
Agricultural Wages Act 1948 (c. 47) | Section 1.
In section 2— in subsection (1)— the words “England and”, and paragraph (a), and subsection (4).
Sections 3 to 4.
Sections 6 to 16.
In section 17— in subsection (1), the definition of “the national minimum wage”, and subsection (1A).
Sections 17A to 19.
Schedules 1, 2 and 4.
The Agricultural Wages Committee Regulations 1949 (S.I. 1949/1885) | Regulation 3(2)(a) and the word “and” after it.
Regulation 16.
Public Records Act 1958 (c. 51) | In the table at the end of paragraph 3 of Schedule 1, the words “Agricultural Wages Board.”
Parliamentary Commissioner Act 1967 (c. 13) | In Schedule 2, the words “Agricultural Wages Board for England and Wales.”
Agriculture Act 1967 (c. 22) | Section 67.
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) | Section 46.
Agricultural Wages Committees (Wages Structure) Regulations 1971 (S.I. 1971/844) | The whole instrument.
Agricultural Wages Committees (Areas) Order 1974 (S.I. 1974/515) | In article 3(1), the words— “Subject to the provisions of this order”, and “an agricultural wages committee for each county in England and”.
Article 3(2).
Article 4.
The Schedule.
Social Security (Consequential Provisions) Act 1975 (c. 18) | In Schedule 2, paragraph 32.
House of Commons Disqualification Act 1975 (c. 24) | In Part 3 of Schedule 1, the words “Member appointed by a Minister of the Crown of the Agricultural Wages Board for England and Wales.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25) | In Part 3 of Schedule 1, the words “of the Agricultural Wages Board for England and Wales or”.
Social Security Pensions Act 1975 (c. 60) | In Schedule 4, paragraph 10.
Employment Protection Act 1975 (c. 71) | Section 97(1) and (2).
Schedule 9.
In Schedule 17, paragraph 12.
Agriculture (Miscellaneous Provisions) Act 1976 (c. 55) | In section 4(1)(c), the words from “(including” to the end.
Agricultural Wages Committees (New Combinations of Counties) Order 1981 (S.I. 1981/179) | The whole order.
Agricultural Wages Committee (Cleveland, Durham, Northumberland and Tyne and Wear) Order 1989 (S.I. 1989/1173) | The whole order.
Social Security (Consequential Provisions) Act 1992 (c. 6) | In Schedule 2, paragraph 4.
Agricultural Wages Committees (Areas) (England) Order 1995 (S.I. 1995/3186) | The whole order.
Employment Rights Act 1996 (c. 18) | In section 35— in subsection (2), paragraph (a) and the word “or” at the end of that paragraph, and in subsection (3), paragraph (b) and the “and” before that paragraph.
National Minimum Wage Act 1998 (c. 39) | In section 16(6)— in the definition of “the agricultural wages legislation”, paragraph (a), and in the definition of “relevant authority”, paragraphs (a), (b) and (c).
In section 16A(5)— in the definition of “enforcement officer”, paragraph (b), and in the definition of “the relevant legislation”, paragraph (b).
Section 46(4)(a).
In section 47— subsection (1)(a), subsection (2)(a) and (d), subsection (4)(a), in subsection (4)(b), the words “(similar provision for Scotland)”, and subsection (6)(a).
In section 55(1), in the definition of “regulations”, the words “by the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly or”.
Part 1 of Schedule 2.
National Minimum Wage Regulations 1999 (S.I. 1999/584) | Regulation 38(5)(a).
Freedom of Information Act 2000 (c. 36) | In Part 6 of Schedule 1, the words “An Agricultural Wages Board for England and Wales”.
Criminal Justice Act 2003 (c. 44) | In Schedule 25, paragraph 28.
Employment Relations Act 2004 (c. 24) | Section 47.
In Schedule 1, paragraph 1.
Public Contracts Regulations 2006 (S.I. 2006/5) | In Schedule 1, in the entry relating to the Agricultural Wages Board and agricultural wages committees, the words “Board and”.
Employment Act 2008 (c. 24) | Section 8(6).
Section 9(6).
Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88) | In Schedule 1, in the entry relating to the Agricultural Wages Board and agricultural wages committees, the words “Board and”.
Section 73
PART 1 Notification of TV sales etc
Wireless Telegraphy Act 1967 (c. 72)
1 The Wireless Telegraphy Act 1967 (the remaining provisions of which make provision for, and in connection with, the recording and notification of the sale or hire of televisions etc) is repealed.
2 In consequence, the repeals in the following table have effect.
Short title and chapter | Extent of repeal
Post Office Act 1969 (c. 48) | Section 3.
Customs and Excise Management Act 1979 (c. 2) | In paragraph 12 of Schedule 4, the entries in the table relating to the Wireless Telegraphy Act 1967.
Broadcasting Act 1990 (c. 42) | Section 180.
Part 2 of Schedule 18.
Communications Act 2003 (c. 21) | Section 367.
Section 393(5)(c).
Section 404(4)(d).
In Schedule 17, paragraph 39.
Wireless Telegraphy Act 2006 (c. 36) | Section 111(6)(a).
Section 118(6)(a).
In Schedule 7, paragraph 2.
Saving provision
3 The repeal of section 3 of the Post Office Act 1969 by paragraph 2 does not affect the construction of any provision mentioned in subsection (1)(i) or (ii) of that section that continues to have effect after the commencement of the repeal.
PART 2 Water undertakers: in-area ban
Water Industry Act 1991 (c. 56)
4 In section 2 of the Water Industry Act 1991 (general duties with respect to water industry), omit subsection (3)(d)(iii) (duty of Secretary of State and the Water Services Regulation Authority where a licensed water supplier is connected to a relevant undertaker).
PART 3 Bankruptcy early discharge procedure
Insolvency Act 1986 (c. 45)
5 In section 279 of the Insolvency Act 1986 (duration of bankruptcy), omit subsection (2) (bankrupt discharged early if official receiver files with the court a notice stating that investigation of the conduct and affairs of the bankrupt is unnecessary or concluded).
SCHEDULE 22 Licensing of copyright and performers' rights
Section 77(4)
PART 1 Regulation of licensing bodies
1 In the Copyright, Designs and Patents Act 1988, before Schedule 1 insert—
SCHEDULE A1
Regulation of licensing bodies
Codes of practice
1 (1) The Secretary of State may by regulations make provision for a licensing body to be required to adopt a code of practice that complies with criteria specified in the regulations.
(2) The regulations may provide that, if a licensing body fails to adopt such a code of practice, any code of practice that is approved for the purposes of that licensing body by the Secretary of State, or by a person designated by the Secretary of State under the regulations, has effect as a code of practice adopted by the body.
(3) The regulations must provide that a code is not to be approved for the purposes of provision under sub-paragraph (2) unless it complies with criteria specified in the regulations.
2 Regulations under paragraph 1 may make provision as to conditions that are to be satisfied, and procedures that are to be followed—
(a) before a licensing body is required to adopt a code of practice as described in paragraph 1(1);
(b) before a code of practice has effect as one adopted by a licensing body as described in paragraph 1(2).
Licensing code ombudsman
3 (1) The Secretary of State may by regulations make provision—
(a) for the appointment of a person (the “licensing code ombudsman”) to investigate and determine disputes about a licensing body's compliance with its code of practice;
(b) for the reference of disputes to the licensing code ombudsman;
(c) for the investigation and determination of a dispute so referred.
(2) Provision made under this paragraph may in particular include provision—
(a) about eligibility for appointment as the licensing code ombudsman;
(b) about the disputes to be referred to the licensing code ombudsman;
(c) requiring any person to provide information, documents or assistance to the licensing code ombudsman for the purposes of an investigation or determination;
(d) requiring a licensing body to comply with a determination of the licensing code ombudsman;
(e) about the payment of expenses and allowances to the licensing code ombudsman.
Code reviewer
4 (1) The Secretary of State may by regulations make provision—
(a) for the appointment by the Secretary of State of a person (the “code reviewer”) to review and report to the Secretary of State on—
(i) the codes of practice adopted by licensing bodies, and
(ii) compliance with the codes of practice;
(b) for the carrying out of a review and the making of a report by that person.
(2) The regulations must provide for the Secretary of State, before appointing a person as the code reviewer, to consult persons whom the Secretary of State considers represent the interests of licensing bodies, licensees, members of licensing bodies, and the Intellectual Property Office.
(3) The regulations may, in particular, make provision—
(a) requiring any person to provide information, documents or assistance to the code reviewer for the purposes of a review or report;
(b) about the payment of expenses and allowances to the code reviewer.
(4) In this paragraph “member”, in relation to a licensing body, means a person on whose behalf the body is authorised to negotiate or grant licences.
Sanctions
5 (1) The Secretary of State may by regulations provide for the consequences of a failure by a licensing body to comply with—
(a) a requirement to adopt a code of practice under provision within paragraph 1(1);
(b) a code of practice that has been adopted by the body in accordance with a requirement under provision within paragraph 1(1), or that has effect as one adopted by the body under provision within paragraph 1(2);
(c) a requirement imposed on the body under any other provision made under this Schedule;
(d) an authorisation under regulations under section 116A or 116B;
(e) a requirement imposed by regulations under section 116A or 116B;
(f) an authorisation under regulations under paragraph 1A or 1B of Schedule 2A;
(g) a requirement imposed by regulations under paragraph 1A or 1B of that Schedule.
(2) The regulations may in particular provide for—
(a) the imposition of financial penalties or other sanctions;
(b) the imposition of sanctions on a director, manager or similar officer of a licensing body or, where the body's affairs are managed by its members, on a member.
(3) The regulations must include provision—
(a) for determining whether there has been a failure to comply with a requirement or code of practice for the purposes of any provision made under sub-paragraph (1);
(b) for determining any sanction that may be imposed in respect of the failure to comply;
(c) for an appeal against a determination within paragraph (a) or (b).
(4) A financial penalty imposed under sub-paragraph (2) must not be greater than £50,000.
(5) The regulations may provide for a determination within sub-paragraph (3)(a) or (3)(b) to be made by the Secretary of State or by a person designated by the Secretary of State under the regulations.
(6) The regulations may make provision for requiring a person to give the person by whom a determination within sub-paragraph (3)(a) falls to be made (the “adjudicator”) any information that the adjudicator reasonably requires for the purpose of making that determination.
Fees
6 (1) The Secretary of State may by regulations require a licensing body to which regulations under any other paragraph of this Schedule apply to pay fees to the Secretary of State.
(2) The aggregate amount of fees payable under the regulations must not be more than the cost to the Secretary of State of administering the operation of regulations under this Schedule.
General
7 (1) The power to make regulations under this Schedule includes in particular power—
(a) to make incidental, supplementary or consequential provision, including provision extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it;
(b) to make provision for bodies of a particular description, or carrying out activities of a particular description, not to be treated as licensing bodies for the purposes of requirements imposed under regulations under this Schedule;
(c) to make provision that applies only in respect of licensing bodies of a particular description, or only in respect of activities of a particular description;
(d) otherwise to make different provision for different purposes.
(2) Regulations under a paragraph of this Schedule may amend Part 1 or Part 2, or any other enactment or subordinate legislation passed or made before the paragraph in question comes into force, for the purpose of making consequential provision or extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it.
(3) The power to make regulations is exercisable by statutory instrument.
(4) A statutory instrument containing regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
8 References in this Schedule to a licensing body are to a body that is a licensing body for the purposes of Chapter 7 of Part 1 or Chapter 2 of Part 2, and references to licensees are to be construed accordingly.
PART 2 Performers' rights
2 Schedule 2A to the Copyright, Designs and Patents Act 1988 (licensing of performers' property rights) is amended as follows.
3 In the heading of the Schedule omit “property”.
4 In paragraph 1, after sub-paragraph (4) insert—
(5) Schedule A1 confers powers to provide for the regulation of licensing bodies.
5 After paragraph 1 insert—
Power to provide for licensing of orphan rights
1A (1) The Secretary of State may by regulations provide for the grant of licences to do, or authorise the doing of, acts to which section 182, 182A, 182B, 182C, 182CA, 183 or 184 applies in respect of a performance, where—
(a) the performer's consent would otherwise be required under that section, but
(b) the right to authorise or prohibit the act qualifies as an orphan right under the regulations.
(2) The regulations may—
(a) specify a person or a description of persons authorised to grant licences, or
(b) provide for a person designated in the regulations to specify a person or a description of persons authorised to grant licences.
(3) The regulations must provide that, for a right to qualify as an orphan right, it is a requirement that the owner of the right has not been found after a diligent search made in accordance with the regulations.
(4) The regulations must provide for any licence—
(a) to have effect as if granted by the missing owner;
(b) not to give exclusive rights;
(c) not to be granted to a person authorised to grant licences.
(5) The regulations may apply in a case where it is not known whether a performer's right subsists, and references to a right, to a missing owner and to an interest of a missing owner are to be read as including references to a supposed right, owner or interest.
Extended collective licensing
1B (1) The Secretary of State may by regulations provide for a licensing body that applies to the Secretary of State under the regulations to be authorised to grant licences to do, or authorise the doing of, acts to which section 182, 182A, 182B, 182C, 182CA, 183 or 184 applies in respect of a performance, where the right to authorise or prohibit the act is not owned by the body or a person on whose behalf the body acts.
(2) An authorisation must specify the acts to which any of those sections applies that the licensing body is authorised to license.
(3) The regulations must provide for the rights owner to have a right to limit or exclude the grant of licences by virtue of the regulations.
(4) The regulations must provide for any licence not to give exclusive rights.
General provision about licensing
1C (1) This paragraph and paragraph 1D apply to regulations under paragraphs 1A and 1B.
(2) The regulations may provide for a body to be or remain authorised to grant licences only if specified requirements are met, and for a question whether they are met to be determined by a person, and in a manner, specified in the regulations.
(3) The regulations may specify other matters to be taken into account in any decision to be made under the regulations as to whether to authorise a person to grant licences.
(4) The regulations must provide for the treatment of any royalties or other sums paid in respect of a licence, including—
(a) the deduction of administrative costs;
(b) the period for which sums must be held;
(c) the treatment of sums after that period (as bona vacantia or otherwise).
(5) The regulations must provide for circumstances in which an authorisation to grant licences may be withdrawn, and for determining the rights and obligations of any person if an authorisation is withdrawn.
(6) The regulations may include other provision for the purposes of authorisation and licensing, including in particular provision—
(a) for determining the rights and obligations of any person if a right ceases to qualify as an orphan right (or ceases to qualify by reference to any rights owner), or if a rights owner exercises the right referred to in paragraph 1B(3), while a licence is in force;
(b) about maintenance of registers and access to them;
(c) permitting the use of a work for incidental purposes including an application or search;
(d) for a right conferred by section 205C to be treated as having been asserted under section 205D;
(e) for the payment of fees to cover administrative expenses.
1D (1) The power to make regulations includes power—
(a) to make incidental, supplementary or consequential provision, including provision extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it;
(b) to make transitional, transitory or saving provision;
(c) to make different provision for different purposes.
(2) Regulations under any provision may amend this Part, or any other enactment or subordinate legislation passed or made before that provision comes into force, for the purpose of making consequential provision or extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it.
(3) Regulations may make provision by reference to guidance issued from time to time by any person.
(4) The power to make regulations is exercisable by statutory instrument.
(5) A statutory instrument containing regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
6 In section 205A of the Copyright, Designs and Patents Act 1988, and in the italic heading before that section (licensing of performers' property rights), omit “property”.