Legalize / United Kingdom / Public General Act

Deregulation Act 2015

Type Public General Act

Publication 2015-03-26

Last updated 2025-09-10

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

In section 148 (avoidance of certain exceptions to policies or securities), in subsection (1), for the words from “Where a certificate” to “has been given,” substitute “ Where a policy or security is issued or given for the purposes of this Part of this Act, ”.

4

(1) Section 151 (duty of insurers or persons giving security to satisfy judgment against persons insured or secured against third-party risks) is amended as follows.

(2) In subsection (1), for the words from “a certificate of insurance” to “security has been given,” substitute “ a policy or security is issued or given for the purposes of this Part of this Act, ”.

(3) In subsection (2)(a), omit “to which the certificate relates”.

5

In section 152 (exceptions to section 151), in paragraph (c) of subsection (1), omit the words from “, and also” to the end of the paragraph.

6

In section 153 (bankruptcy, etc, of insured or secured persons not to affect claims by third parties), in subsection (1), for the words from “a certificate of insurance” to “security has been given,” substitute “ a person has effected a policy of insurance or been given a security for the purposes of this Part of this Act, ”.

7

In section 161 (interpretation), omit subsection (2).

SCHEDULE 4

1

The Agricultural Holdings Act 1986 is amended as follows.

2

In section 2 (restriction on letting agricultural land for less than from year to year), after subsection (4) (determination of disputes arising as to the operation of the section in relation to any agreement to be by arbitration) insert—

(5) Notwithstanding subsection (4) above, the parties to the agreement may instead refer for third party determination under this Act the dispute that has arisen as to the operation of this section.

3

(1) Section 6 (right to written tenancy agreement) is amended as follows.

(2) After subsection (1) insert—

(1A) Where the landlord or tenant has the right under subsection (1) above to refer the terms of the tenancy to arbitration under this Act, the landlord and tenant may instead refer the terms of the tenancy for third party determination under this Act.

(3) In subsection (2) (contents of arbitrator's award)—

(a) in the opening words, after “arbitrator in his award” insert “ or (as the case may be) the third party in his determination ”;

(b) in paragraph (b), after “arbitrator” insert “ or third party ”.

(4) In subsection (3) (power of arbitrator to vary rent in consequence of award)—

(a) after “arbitrator” insert “ or third party ”;

(b) after “award” insert “ or (as the case may be) his determination ”.

(5) In subsection (4) (effect of arbitrator's award)—

(a) after “The award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”;

(b) after “the award” (in each place where it occurs) insert “ or determination ”.

(6) In subsection (6) (period when determination of the terms of the tenancy is pending), after “award of an arbitrator” insert “ or the determination of a third party ”.

4

In section 7 (model clauses as to the maintenance, repair and insurance of fixed equipment), in subsection (2) (power for regulations to make provision for matters arising under them to be determined by arbitration), after “arbitration” insert “ or third party determination ”.

5

(1) Section 8 (arbitration where terms of written agreement are inconsistent with the model clauses) is amended as follows.

(2) After subsection (2) insert—

(2A) Where the landlord or tenant has the right under subsection (2) above to refer the terms of the tenancy as to the maintenance, repair and insurance of fixed equipment to arbitration under this Act (or would have that right but for subsection (6) below), the landlord and tenant may instead refer those terms for third party determination under this Act.

(3) In subsection (3) (arbitrator's duty to consider terms and power to vary them)—

(a) after “arbitrator” insert “ or third party ”;

(b) after “arbitration” insert “ or (as the case may be) for third party determination ”;

(4) In subsection (4) (power of arbitrator to vary rent in consequence of award)—

(a) after “arbitrator” insert “ or third party ”;

(b) after “award” insert “ or (as the case may be) his determination ”.

(5) In subsection (5) (effect of arbitrator's award)—

(a) after “The award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”;

(b) after “the award” (in each place where it occurs) insert “ or determination ”.

(6) In subsection (6) (references under section to be made at least 3 years apart)—

(a) after “a reference” insert “ to arbitration or third party determination ”;

(b) for “further such reference” substitute “ subsequent reference to arbitration ”;

(7) In the sidenote, after “Arbitration” insert “ or third party determination ”.

6

(1) Section 9 (transitional arrangements where liability in respect of fixed equipment transferred) is amended as follows.

(2) After subsection (1) insert—

(1A) Where the landlord has the right under subsection (1) above to require that there shall be determined by arbitration under this Act and paid by the tenant the amount of any relevant compensation (or would have that right but for the expiry of the prescribed period), the landlord and tenant may instead refer for third party determination under this Act the question of the amount of any relevant compensation that the tenant is to be required to pay.

(3) In subsection (2) (definition of “relevant compensation”), for “subsection (1) above” (in the first place where it occurs) substitute “ subsections (1) and (1A) above ”.

(4) After subsection (3) insert—

(3A) Where the tenant has the right under subsection (3) above to require that there shall be determined by arbitration under this Act a claim of a type described in that subsection (or would have that right but for the expiry of the prescribed period), the tenant and landlord may instead refer the claim for third party determination under this Act.

(5) In subsection (4) (provision about disregarding a variation of the terms of a tenancy as to the maintenance, repair or insurance of fixed equipment), after “arbitrator” insert “ or third party ”.

7

In section 10 (tenant's right to remove fixtures and buildings), after subsection (6) (determination by arbitration of any dispute between a landlord and tenant as to the amount payable by the landlord under subsection (4) on an election to purchase a fixture or building) insert—

(6A) Notwithstanding subsection (6) above, the landlord and tenant may instead refer for third party determination under this Act the dispute that has arisen with respect to the amount payable by the landlord under subsection (4).

8

(1) Section 12 (arbitration of rent) is amended as follows.

(2) After subsection (1) insert—

(1A) The landlord and tenant may instead refer for third party determination under this Act the question of how much rent is to be payable in respect of the holding as from the next termination date.

(3) In subsection (2) (arbitrator's duty to determine rent properly payable)—

(a) after “arbitrator” insert “ or third party ”;

(b) after “demand for arbitration” insert “ or (as the case may be) the reference for third party determination ”.

(4) In subsection (4) (references to the next termination date following the date of a demand for arbitration)—

(a) after “a demand for arbitration” insert “ , or reference for third party determination, ”;

(b) after “the demand” (in each place where it occurs) insert “ or reference ”.

(5) In the sidenote, after “Arbitration” insert “ or third party determination ”.

9

In section 13 (increases of rent for landlord's improvements), after subsection (7) (determination of any dispute between a landlord and tenant under the section to be by arbitration) insert—

(7A) Notwithstanding subsection (7) above, the landlord and the tenant may instead refer the dispute for third party determination under this Act.

10

(1) Section 14 (variation of terms of tenancies as to permanent pasture) is amended as follows.

(2) After subsection (2) insert—

(2A) Where the landlord or tenant has the right under subsection (2) above to demand that the question described in that subsection shall be referred to arbitration under this Act, the landlord and tenant may instead refer that question for third party determination under this Act.

(3) In subsection (3) (power of arbitrator to direct modification of terms as to land which is to be maintained as permanent pasture or is to be treated as arable land and as to cropping)—

(a) after “subsection (2)” insert “ or (2A) ”;

(b) after “arbitrator” insert “ or third party ”;

(4) In subsection (4) (power of arbitrator to order that, on termination of the tenancy, the tenant should leave an area of land as permanent pasture or as temporary pasture sown with certain seeds)—

(a) after “subsection (2)” insert “ or (2A) ”;

(b) after “arbitrator” insert “ or third party ”.

11

(1) Section 15 (disposal of produce and cropping) is amended as follows.

(2) In subsection (6) (determination by arbitration of question whether tenant exercising subsection (1) rights in manner likely to injure holding etc), after “(including an arbitration” insert “ or third party determination ”.

(3) After subsection (6) insert—

(6A) Notwithstanding subsection (6) above, the landlord and tenant may agree that, for the purposes of proceedings brought by the landlord under paragraph (a) of subsection (5) above, the question described in subsection (6) is instead to be referred for third party determination under this Act. (6B) On a reference under subsection (6A) above, the determination of the third party shall, for the purposes of any proceedings brought under subsection (5) above (including an arbitration or third party determination under paragraph (b)) be conclusive proof of the facts stated in the determination.

12

(1) Section 20 (compensation for damage by game) is amended as follows.

(2) After subsection (4) (amount of compensation to be determined by arbitration, in default of agreement) insert—

(4A) Notwithstanding subsection (4) above, the tenant and landlord may instead refer for third party determination under this Act the question of the amount of compensation to which the tenant is entitled.

(3) After subsection (5) (determination by arbitration of questions as to the landlord's right to be indemnified against claims for compensation by the person in whom the right to kill and take the wild animals or birds that did the damage is vested) insert—

(6) Notwithstanding subsection (5) above, the landlord and the other person may instead refer for third party determination under this Act the questions arising between them under that subsection.

13

In section 25 (length of notice to quit), in subsection (3) (effect of determination under section 12 by arbitrator), after “arbitrator” insert “ or third party ”.

14

(1) Section 33 (reduction of rent where notice is given to quit part of holding) is amended as follows.

(2) After subsection (2) (amount of rent reduction to be determined by arbitration, in default of agreement) insert—

(2A) Notwithstanding subsection (2) above, the tenant and landlord may instead refer for third party determination under this Act the question of the amount of any reduction of rent to which the tenant is entitled under this section.

(3) In subsection (3) (matters to be taken into account by arbitrator)—

(a) after “arbitration” insert “ or third party determination ”;

(b) after “arbitrator” insert “ or (as the case may be) the third party ”.

15

In section 47 (terms of new tenancy unless varied by arbitration), in the sidenote, after “arbitration” insert “ or third party determination ”.

16

(1) Section 48 (arbitration on terms of new tenancy) is amended as follows.

(2) For subsection (3) substitute—

(3) Where the provisions of this section apply— (a) the landlord or tenant may by notice in writing served on the other within the prescribed period demand a reference to arbitration under this Act of one or both of the questions specified in subsection (4) below, or (b) the landlord and tenant may refer for third party determination under this Act one or both of those questions.

(3) In subsection (5) (duties of arbitrator on reference of “question (a)”)—

(a) in the opening words—

(i) after “arbitration” insert “ or third party determination ”;

(ii) after “arbitrator” insert “ or (as the case may be) the third party ”;

(b) in paragraph (b), after “award” insert “ or determination ”.

(4) In subsection (6) (power of arbitrator to vary rent where “question (a)” but not “question (b)” referred to arbitration)—

(a) after “arbitration” insert “ or third party determination ”;

(b) after “arbitrator” insert “ or (as the case may be) the third party ”;

(5) In subsection (7) (duties of arbitrator on reference of “question (b)”)—

(a) after “arbitration” insert “ or third party determination ”;

(b) after “arbitrator” insert “ or (as the case may be) the third party ”.

(6) In subsection (10) (power of arbitrator to include further provisions in award), after “award” insert “ or (as the case may be) the third party may include in his determination ”.

(7) In subsection (11) (effect of arbitrator's award made before “the relevant time”)—

(a) after “award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”;

(b) after “award” (in the second place where it occurs) insert “ or determination ”.

(8) In subsection (12) (effect of arbitrator's award made after “the relevant time”)—

(a) after “award of an arbitrator” insert “ or (as the case may be) the determination of a third party ”;

(b) after “award” (in the second place where it occurs) insert “ or determination ”.

(9) In the sidenote, after “Arbitration” insert “ or third party determination ”.

17

In section 74 (supplementary provisions with respect to compensation: termination of tenancy of part of holding), in subsection (2)(b) (matters to be taken into consideration by arbitrator assessing amount of compensation payable to tenant), after “arbitrator” insert “ or (as the case may be) the third party appointed under section 84A below ”.

18

In section 75 (compensation where reversionary estate in holding is severed), in subsection (2)—

(a) after “arbitrator” (in the first place where it occurs) insert “ or (as the case may be) the third party ”;

(b) after “awarded” insert “ or determined by third party determination ”;

(d) after “arbitrator” (in the second place where it occurs) insert “ or third party ”.

19

In section 80 (power of Tribunal to direct holding to be treated as market garden), after subsection (7) insert—

(7A) Notwithstanding the provision made by subsection (7) above for rents to be settled by arbitration, the landlord and tenant may instead refer those rents to be settled by third party determination under this Act.

20

(1) Section 83 (settlement of claims on termination of tenancy) is amended as follows.

(2) After subsection (1) (determination by arbitration of claims arising under the Act etc on or out of the termination of the tenancy) insert—

(1A) Notwithstanding subsection (1) above, but subject to the provisions of subsections (2) and (3) below, the tenant and landlord may instead refer for third party determination under this Act any such claim as is mentioned in subsection (1).

(3) For subsections (4) and (5) (8 month period from the termination of the tenancy within which the landlord and tenant may settle a claim by agreement in writing before it is determined by arbitration) substitute—

(4) An arbitrator may not be appointed under section 84(2) below to determine a claim which has become enforceable by virtue of the service of a notice under subsection (2) above before the expiry of eight months from the termination of the tenancy.

21

After section 84 (arbitrations) insert—

(84A) (1) Parties who wish to refer a matter for third party determination under this Act must jointly appoint a third party to determine the matter. (2) Parties may not under subsection (1) jointly appoint a third party to determine a matter once an arbitrator has been appointed to determine the matter under section 84(2). (3) Any matter which by or by virtue of this Act or regulations made under this Act may be determined by third party determination under this Act is to be treated as having been referred for third party determination under this Act once an appointment has been made under subsection (1). (4) References to “third party determination under this Act” are to the determination of a matter by the third party appointed under subsection (1) or a replacement third party jointly appointed by the parties on a termination of the earlier appointment and references to a “third party”, in the context of such a determination, are to the third party so appointed. (5) If a third party appointed under this section to determine a matter dies, or is incapable of acting, the parties may (instead of appointing a replacement) agree to proceed as if they had not referred the matter for third party determination under this Act. (6) A matter that has been referred for third party determination under this Act may not be determined by arbitration under this Act except by virtue of subsection (5). (7) Where by virtue of this Act compensation under an agreement is to be substituted for compensation under this Act for improvements or for any such matters as are specified in Part 2 of Schedule 8 to this Act, the third party must award compensation in accordance with the agreement instead of in accordance with this Act.

22

In section 85 (enforcement), in subsection (1) (recovery of unpaid amount by county court proceedings), for “or awarded” substitute “ , awarded or determined by third party determination ”.

23

(1) Section 86 (power of landlord to obtain charge on holding) is amended as follows.

(2) In subsection (2) (provision for landlord to request arbitrator to certify amount of compensation and term for which charge may properly be made), in the opening words—

(a) after “arbitration” insert “ or third party determination ”;

(b) after “arbitrator” insert “ or (as the case may be) the third party ”.

(3) In subsection (3) (landlord acting as trustee etc: ability to obtain order charging the holding with repayment of sums to be paid by the landlord under the Act)—

(a) for “or awarded” (in the first place where it occurs) substitute “ , awarded or determined by third party determination ”;

(b) after “awarded” (in the second place where it occurs) insert “ or determined by third party determination ”.

24

In section 96 (interpretation), in subsection (1), at the relevant place insert—

“third party” and “third party determination” have the meaning given by section 84A(4) above;

25

(1) Schedule 2 (arbitration of rent: provisions supplementary to section 12) is amended as follows.

(2) In paragraph 1(3) (amount of rent: arbitrator determining current level of rents for comparable lettings)—

(a) after “arbitrator” insert “ or (as the case may be) the third party ”;

(b) after “arbitration” insert “ or third party determination ”.

(3) In paragraph 2(1) (amount of rent: duty of arbitrator to disregard increase in rental value due to certain improvements), after “arbitrator” insert “ or (as the case may be) the third party ”.

(4) In paragraph 3 (amount of rent: other duties of arbitrator)—

(a) in the opening words, after “arbitrator” insert “ or (as the case may be) the third party ”;

(b) in paragraph (a), after “arbitration” insert “ or third party determination ”.

(5) In paragraph 4 (frequency of arbitrations under section 12), in sub-paragraph (1)(c), after “arbitrator” insert “ or third party ”.

(6) In the heading to the Schedule, after “ARBITRATION” insert “ OR THIRD PARTY DETERMINATION ”.

SCHEDULE 5

PART 1 — Notification requirements

1

Chapter 4 of Part 16 of the Companies Act 2006 (audit: removal, resignation, etc of auditors) is amended in accordance with paragraphs 2 to 11.

2

Omit section 512 (notice to registrar of resolution removing auditor from office).

3

In section 516 (resignation of auditor), in subsection (2), for “The” substitute “ Where the company is a public interest company, the ”.

4

Omit section 517 (notice to registrar of resignation of auditor).

5

(1) Section 518 (rights of resigning auditor) is amended as follows.

(2) In subsection (1), for the words from “auditor's notice of resignation” to the end of the subsection substitute

auditor's (A's) notice of resignation is accompanied by a statement under section 519 except where— (a) the company is a non-public interest company, and (b) the statement includes a statement to the effect that A considers that none of the reasons for A's ceasing to hold office, and no matters (if any) connected with A's ceasing to hold office, need to be brought to the attention of members or creditors of the company (as required by section 519(3B)).

(3) In subsection (2), for “circumstances connected with” substitute “ reasons for, and matters connected with, ”.

(4) In subsection (3), in the words after paragraph (b), for “circumstances connected with” substitute “ reasons for, and matters connected with, ”.

6

In section 519 (statement by auditor to be deposited with company), in subsection (4), for “The statement required by this section” substitute “ A statement under this section ”.

7

(1) Section 520 (company's duties in relation to statement under section 519) is amended as follows.

(2) In subsection (1), for the words from “the statement” to the end of the subsection substitute “a company receives from an auditor (“A”) who is ceasing to hold office a statement under section 519 except where—

(a) the company is a non-public interest company, and (b) the statement includes a statement to the effect that A considers that none of the reasons for A's ceasing to hold office, and no matters (if any) connected with A's ceasing to hold office, need to be brought to the attention of members or creditors of the company (as required by section 519(3B)).

(3) In subsection (2), for “The” substitute “ Where this section applies, the ”.

8

(1) Section 521 (copy of statement to be sent to registrar) is amended as follows.

(2) Before subsection (1) insert—

(A1) This section applies where an auditor (“A”) of a company sends a statement to the company under section 519 except where— (a) the company is a non-public interest company, and (b) the statement includes a statement to the effect that A considers that none of the reasons for A's ceasing to hold office, and no matters (if any) connected with A's ceasing to hold office, need to be brought to the attention of members or creditors of the company (as required by section 519(3B)).

(3) In subsection (1), for “Unless” substitute “ Where this section applies, unless ”.

9

(1) Section 522 (duty of auditor to notify appropriate audit authority) is amended as follows.

(2) For subsections (1) to (4) substitute—

(1) Where an auditor of a company sends a statement under section 519, the auditor must at the same time send a copy of the statement to the appropriate audit authority.

(3) In the heading, for “notify” substitute “ send statement to ”.

10

(1) Section 524 (information to be given to accounting authorities) is amended as follows.

(2) For subsection (1) substitute—

(1) Where the appropriate audit authority receives a statement under section 522 or a notice under section 523, the authority may forward to the accounting authorities— (a) a copy of the statement or notice, and (b) any other information the authority has received from the auditor or the company concerned in connection with the auditor's ceasing to hold office.

(3) Omit subsection (3).

(4) In the heading, for “Information to be given” substitute “ Provision of information ”.

11

(1) Section 525 (meaning of “appropriate audit authority” and “major audit”) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a)—

(i) for the words before sub-paragraph (i) substitute “ in relation to an auditor of a public interest company (other than an Auditor General) ”;

(ii) in sub-paragraph (ii), after “receiving the” insert “ statement or ”;

(b) in paragraph (b), for the words from the beginning to “a major audit” substitute “ in relation to an auditor of a non-public interest company (other than an Auditor General) ”;

(3) Omit subsections (2) and (3).

(4) In the heading, omit “and “major audit””.

12

(1) Schedule 8 to the Companies Act 2006 (index of defined expressions) is amended as follows.

(2) Omit the entry for “major audit”.

(3) At the appropriate places insert—

exempt reasons, in relation to an auditor of a company ceasing to hold office (in Chapter 4 of Part 16)	section 519A
non-public interest company (in Chapter 4 of Part 16)	section 519A
---	---
public interest company (in Chapter 4 of Part 16)	section 519A
---	---

PART 2 — Miscellaneous

13

Chapter 4 of Part 16 of the Companies Act 2006 is further amended as follows.

Failure to re-appoint auditor: special procedure requirements

14

(1) Section 514 (failure to re-appoint auditor: special procedure required for written resolution) is amended as follows.

(2) For subsections (1) and (2) substitute—

(1) This section applies where a resolution is proposed as a written resolution of a private company whose effect would be to appoint a person as auditor in place of a person (the “outgoing auditor”) who, at the time the resolution is proposed, is an auditor of the company and who is to cease to hold office at the end of a period for appointing auditors. But this section does not apply if the auditor is to cease to hold office by virtue of section 510 or 516. (2) This section also applies where a resolution is proposed as a written resolution of a private company whose effect would be to appoint a person as auditor where, at the time the resolution is proposed, the company does not have an auditor and the person proposed to be appointed is not a person (the “outgoing auditor”) who was an auditor of the company when the company last had an auditor. But this is subject to subsection (2A). (2A) This section does not apply (by virtue of subsection (2)) if— (a) a period for appointing auditors has ended since the outgoing auditor ceased to hold office, (b) the outgoing auditor ceased to hold office by virtue of section 510 or 516, or (c) the outgoing auditor has previously had the opportunity to make representations with respect to a proposed resolution under subsection (4) of this section or an intended resolution under section 515(4).

(3) In subsection (3), for “The” substitute “ Where this section applies, the ”.

15

(1) Section 515 (failure to re-appoint auditor: special notice required for resolution at general meeting) is amended as follows.

(2) For subsections (1) and (2) substitute—

(1) Special notice is required for a resolution at a general meeting of a private company whose effect would be to appoint a person as auditor in place of a person (the “outgoing auditor”) who, at the time the notice is given, is an auditor of the company and who is to cease to hold office at the end of a period for appointing auditors. But special notice is not required under this subsection if the auditor is to cease to hold office by virtue of section 510 or 516. (1A) Special notice is required for a resolution at a general meeting of a public company whose effect would be to appoint a person as auditor in place of a person (the “outgoing auditor”) who, at the time the notice is given, is an auditor of the company and who is to cease to hold office at the end of an accounts meeting. But special notice is not required under this subsection if the auditor is to cease to hold office by virtue of section 510 or 516. (2) Special notice is required for a resolution at a general meeting of a company whose effect would be to appoint a person as auditor where, at the time the notice is given, the company does not have an auditor and the person proposed to be appointed is not a person (the “outgoing auditor”) who was an auditor of the company when the company last had an auditor. But this is subject to subsection (2A). (2A) Special notice is not required under subsection (2) if— (a) a period for appointing auditors has ended or (as the case may be) an accounts meeting of the company has been held since the outgoing auditor ceased to hold office, (b) the outgoing auditor ceased to hold office by virtue of section 510 or 516, or (c) the outgoing auditor has previously had the opportunity to make representations with respect to an intended resolution under subsection (4) of this section or a proposed resolution under section 514(4).

(3) In subsection (3)—

(a) omit “such”;

(b) after “resolution” insert “ mentioned in subsection (1), (1A) or (2) ”.

Replacement of references to documents being deposited at the company’s registered office

16

(1) Section 516 (resignation of auditor) is amended as follows.

(2) In subsection (1), for the words from “depositing” to the end of the subsection substitute “ sending a notice to that effect to the company ”.

(3) In subsection (3), for “deposited” substitute “ received ”.

17

(1) Section 518 (rights of resigning auditor) is amended as follows.

(2) In subsection (2)—

(a) for “deposit” substitute “ send ”;

(b) for “a signed” substitute “ an authenticated ”.

(3) In subsection (5), for “of the deposit of” substitute “ on which the company receives ”.

18

(1) Section 519 (statement by auditor to be deposited with company) is amended as follows.

(2) In subsection (4), for “deposited” substitute “ sent ”.

(3) In the heading, for “deposited with” substitute “ sent to ”.

19

In section 520(2) (company's duties in relation to statement), for “deposit” substitute “ receipt ”.

20

In section 521(1) (copy of statement to be sent to registrar), for “deposited” substitute “ sent ”.

SCHEDULE 6

PART 1 — Deeds of arrangement

Repeal of Deeds of Arrangement Act 1914

1

(1) The Deeds of Arrangement Act 1914 is repealed.

(2) In the Administration of Justice Act 1925, omit section 22 (which concerns registration of deeds of arrangement and is to be construed as one with the Act of 1914).

2

(1) The following amendments are made in consequence of paragraph 1.

(2) In the Public Trustee Act 1906, in section 2(4), omit “, nor any trust under a deed of arrangement for the benefit of creditors”.

(3) In the Trustee Act 1925, omit section 41(2).

(4) In the Law of Property Act 1925, in section 43(1), omit “, deed of arrangement”.

(5) In the Law of Property (Amendment) Act 1926, in section 3(1)—

(a) omit “and property subject to a deed of arrangement”;

(b) omit “and the trustee under the deed respectively”.

(6) In the Administration of Justice Act 1965, in Schedule 1, omit the entry for the Deeds of Arrangement Act 1914.

(7) In the Land Charges Act 1972—

(a) omit section 1(1)(d) and (6A)(e);

(b) omit section 7;

(8) In the Magistrates' Courts Act 1980, in Schedule 1, omit paragraph 16.

(9) In the Administration of Justice Act 1985—

(a) in section 16(1)(g), omit “or a deed of arrangement for the benefit of his creditors”;

(b) in section 17(2)(c), omit “or a deed of arrangement for the benefit of his creditors”.

(10) In the Insolvency Act 1985, in Schedule 8, omit paragraph 2.

(11) In the Insolvency Act 1986—

(a) omit section 260(3);

(b) in section 263(5), omit the words from “This is without prejudice” to the end of the subsection;

(d) in section 372(1)—

(i) omit paragraph (c) and the “or” before it;

(ii) for “, the supervisor of the voluntary arrangement or the trustee under the deed of arrangement” substitute “ or the supervisor of the voluntary arrangement ”;

(e) in section 379, omit “, and about proceedings in the course of that year under the Deeds of Arrangement Act 1914”;

(f) in section 388(2)(b), omit “a deed of arrangement made for the benefit of his creditors or”;

(g) in Schedule 9, in paragraph 24(a), omit “and of jurisdiction under the Deeds of Arrangement Act 1914”;

(h) in Schedule 14, omit the entries for the Deeds of Arrangement Act 1914.

(12) In the Taxation of Chargeable Gains Act 1992, in section 66(5), in the definition of “deed of arrangement”, for the words from “the Deeds of Arrangement Act 1914” to the end of the definition insert “ an enactment forming part of the law of Scotland or Northern Ireland which corresponds to the Deeds of Arrangement Act 1914 applies ”.

(13) In the Value Added Tax Act 1994, in section 81(4B)(e), omit “the Deeds of Arrangement Act 1914 or”.

(14) In the Finance Act 2000—

(a) in Part 6 of Schedule 6, omit paragraph 75(2)(e)(i) and the “or” following it;

(b) in Part 10 of Schedule 6, omit paragraph 120(7)(f)(i) and the “or” following it.

(15) In the Finance Act 2001—

(a) omit section 37(7)(f)(i) and the “or” following it;

(b) in Schedule 8, omit paragraph 11(2)(e)(i) and the “or” following it.

(16) In the Land Registration Act 2002, in section 87—

(a) in subsection (1)(b), at the end insert “ and ”;

(b) omit subsection (1)(d) and the “and” before it;

(d) omit subsection (5).

(17) In the Licensing Act 2003, in section 27(3)(c), omit “a deed of arrangement made for the benefit of his creditors or”.

(18) In the Pensions Act 2004, omit section 121(2)(c).

(19) In the Constitutional Reform Act 2005—

(a) in Schedule 4, omit paragraph 19;

(b) in Part 2 of Schedule 11, in paragraph 4(3), omit the entry for the Deeds of Arrangement Act 1914.

(20) In the Tribunals, Courts and Enforcement Act 2007, in Schedule 13, omit paragraph 21.

(21) In the Finance Act 2008, in section 131(8), in the definition of “deed of arrangement”, omit “the Deeds of Arrangement Act 1914 (c. 47) or”.

(22) In the Third Parties (Rights against Insurers) Act 2010, omit section 4(1)(a).

3

The repeals and other amendments made by paragraphs 1 and 2 are to have no effect in relation to a deed of arrangement registered under section 5 of the Deeds of Arrangement Act 1914 before the date on which paragraph 1 of this Schedule comes into force if, immediately before that date, the estate of the debtor who executed the deed of arrangement has not been finally wound up.

PART 2 — Administration of companies

4

Schedule B1 to the Insolvency Act 1986 (administration of companies) is amended in accordance with paragraphs 5 to 7.

Appointment of administrators

5

After paragraph 25 (circumstances in which an administrator of a company may not be appointed under paragraph 22) and before the italic cross-heading following paragraph 25 insert—

(25A) (1) Paragraph 25(a) does not prevent the appointment of an administrator of a company if the petition for the winding up of the company was presented after the person proposing to make the appointment filed the notice of intention to appoint with the court under paragraph 27. (2) But sub-paragraph (1) does not apply if the petition was presented under a provision mentioned in paragraph 42(4).

6

In paragraph 26 (notice by company, or directors of company, of intention to appoint administrator), in sub-paragraph (2) (requirement to give additional notice), for “proposes to make an appointment under paragraph 22” substitute “ gives notice of intention to appoint under sub-paragraph (1) ”.

Release of administrator where no distribution to unsecured creditors other than by virtue of section 176A(2)(a)

7

(1) Paragraph 98 (vacation of office of administrator: discharge from liability) is amended as follows.

(2) In sub-paragraph (2)(b) (when discharge takes effect in case of administrator appointed under paragraph 14 or 22), after “22” insert “ who has not made a statement under paragraph 52(1)(b) ”.

(3) In sub-paragraph (2), after paragraph (b) (but before the “or” following it) insert—

(ba) in the case of an administrator appointed under paragraph 14 or 22 who has made a statement under paragraph 52(1)(b), at a time decided by the relevant creditors,

(4) In sub-paragraph (3)—

(a) for the words before paragraph (a) substitute “ For the purposes of sub-paragraph (2)(ba), the “relevant creditors” of a company are— ”;

(b) in paragraph (b), for “give or withhold approval” substitute “ decide on the time of discharge ”.

PART 3 — Winding up of companies

8

Part 4 of the Insolvency Act 1986 (winding up of companies registered under the Companies Acts) is amended in accordance with paragraphs 9 and 10.

Removal of power of court to order payment into Bank of England of money due to company

9

Omit section 151 (payment into bank of money due to company).

Release of liquidator where winding-up order rescinded

10

In section 174 (release of liquidator of company being wound up by the court), after subsection (4) insert—

(4A) Where a winding-up order made by the court in England and Wales is rescinded, the person (whether the official receiver or another person) who is the liquidator of the company at the time the order is rescinded has his release with effect from such time as the court may determine.

PART 4 — Disqualification of unfit directors of insolvent companies

Application for making of disqualification order: power to require information

11

(1) In section 7 of the Company Directors Disqualification Act 1986 (disqualification order or undertaking; and reporting provisions), subsection (4) (power of Secretary of State or official receiver to require information) is amended as follows.

(2) In the words before paragraph (a), for the words from “the liquidator” to “or administrative receiver of a company” (in the second place they occur) substitute “ any person ”.

(3) In paragraph (a), for the words from “any person's conduct” to the end of the paragraph substitute “ that person's or another person's conduct as a director of a company which has at any time become insolvent (whether while the person was a director or subsequently), and ”.

(4) In paragraph (b), for the words from “relevant to” to the end of the paragraph substitute “ as are considered by the Secretary of State or (as the case may be) the official receiver to be relevant to that person's or another person's conduct as such a director ”.

PART 5 — Bankruptcy

12

Part 9 of the Insolvency Act 1986 (bankruptcy) is amended in accordance with paragraphs 13 to 16.

Appointment of insolvency practitioner as interim receiver

13

(1) In section 286(1) (power of court to appoint interim receiver if necessary for protection of debtor's property), after “official receiver” insert “ or an insolvency practitioner ”.

(2) If sub-paragraph (1) comes into force before the coming into force of the repeal of subsection (2) of section 286 by paragraph 17(2) of Schedule 19 to the Enterprise and Regulatory Reform Act 2013, that subsection is to have effect (until the repeal comes into force) as if for “, instead of the official receiver,” there were substituted “ , another insolvency practitioner or the official receiver ”.

14

(1) Section 370 (power to appoint special manager) is amended as follows.

(2) In subsection (1)(c) (power of court to appoint person to be special manager of property or business of debtor in whose case an interim receiver has been appointed under section 286), for “the official receiver has been appointed interim receiver” substitute “ an interim receiver has been appointed ”.

(3) In subsection (2) (who may apply for the appointment of a special manager), for “official receiver” (in both places where it occurs) substitute “ interim receiver ”.

Statement of affairs

15

(1) Section 288 (statement of affairs) is amended as follows.

(2) In subsection (1) (duty of bankrupt to submit statement of affairs), for the words from “the bankrupt shall submit” to the end of the subsection substitute “ the official receiver may at any time before the discharge of the bankrupt require the bankrupt to submit to the official receiver a statement of affairs. ”

(3) After subsection (2) insert—

(2A) Where a bankrupt is required under subsection (1) to submit a statement of affairs to the official receiver, the bankrupt shall do so (subject to subsection (3)) before the end of the period of 21 days beginning with the day after that on which the prescribed notice of the requirement is given to the bankrupt by the official receiver.

(4) In subsection (3)(a) (power of official receiver to release bankrupt from duty under subsection (1)), for “the bankrupt from his duty” substitute “ a bankrupt from an obligation imposed on the bankrupt ”.

(5) For subsection (3)(b) (power of official receiver to extend period for submitting statement of affairs) substitute—

(b) either when giving the notice mentioned in subsection (2A) or subsequently, extend the period mentioned in that subsection,

(6) In subsection (4)(a) (offence of failing to comply with obligation to submit statement of affairs), for “the obligation imposed by” substitute “ an obligation imposed under ”.

After-acquired property of bankrupt

16

(1) Section 307 (power of trustee in bankruptcy to claim, for the bankrupt's estate, property which has been acquired by, or has devolved upon, the bankrupt after commencement of the bankruptcy) is amended as follows.

(2) In subsection (3) (property to vest in trustee on service of notice on bankrupt), for “Subject to the next subsection” substitute “ Subject to subsections (4) and (4A) ”.

(3) In subsection (4) (trustee not entitled to remedy against certain persons and certain bankers)—

(a) in the words before paragraph (a), after “service” insert “ on the bankrupt ”;

(b) omit paragraph (b) (which makes provision about bankers) and the “or” at the end of paragraph (a);

(i) omit “or transaction”;

(ii) omit “or banker” (in both places where they occur).

(4) After subsection (4) insert—

(4A) Where a banker enters into a transaction before service on the banker of a notice under this section (and whether before or after service on the bankrupt of a notice under this section) the trustee is not in respect of that transaction entitled by virtue of this section to any remedy against the banker. This subsection applies whether or not the banker has notice of the bankruptcy.

PART 6 — Authorisation of insolvency practitioners

17

Part 13 of the Insolvency Act 1986 (insolvency practitioners and their qualification) is amended in accordance with paragraphs 18, 19 and 21.

Repeal of provision for authorisation of nominees and supervisors in relation to voluntary arrangements

18

Omit section 389(1A) (acting without qualification not an offence if authorised under section 389A).

19

Omit section 389A (authorisation of nominees and supervisors).

20

(1) The following repeals are made in consequence of paragraphs 18 and 19.

(2) In the Insolvency Act 1986—

(a) in section 1(2), omit “or authorised to act as nominee,”;

(b) in section 2(4), omit “, or authorised to act as nominee,”;

(d) in section 7(5), omit “or authorised to act as supervisor,”;

(e) in Schedule A1—

(i) in paragraph 28(1), omit “, or authorised to act as nominee,”;

(ii) in paragraph 31(2), omit “, or authorised to act as nominee,”;

(iii) in paragraph 33(1), omit “, or authorised to act as nominee,”;

(iv) in paragraph 39(6), omit “, or authorised to act as supervisor,”.

(3) In the Insolvency Act 2000, omit section 4(3) and (4).

(4) In Schedule 6 to the Mental Capacity Act 2005, omit paragraph 31(2).

Repeal of provision for authorisation of insolvency practitioners to be granted by competent authority

21

Omit sections 392 to 398 and Schedule 7 (procedure for authorisation by competent authority, including provision for reference to Insolvency Practitioners Tribunal).

22

(1) The following repeals are made in consequence of paragraph 21.

(2) In the Parliamentary Commissioner Act 1967, in Schedule 4, omit the entry for the Insolvency Practitioners Tribunal.

(3) In the Northern Ireland Assembly Disqualification Act 1975, in Part 3 of Schedule 1, omit the entry for any member of the Insolvency Practitioners Tribunal in receipt of remuneration.

(4) In the Companies Act 1985, in Schedule 15D, omit paragraph 37.

(5) In the Insolvency Act 1986—

(a) omit section 415A(2);

(b) in Schedule 10, omit the entry for paragraph 4(3) of Schedule 7.

(6) In the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), omit Article 349(2)(c) and the “or” before it.

(7) In the Courts and Legal Services Act 1990, in Schedule 10, omit paragraph 67.

(8) In the Tribunals and Inquiries Act 1992—

(a) in Part 1 of Schedule 1, omit the entry for insolvency practitioners;

(b) in Schedule 3, omit paragraph 19.

(9) In the Railways Act 1993, omit section 145(2)(b)(ix) (but not the “or” following it).

(10) In the Greater London Authority Act 1999, omit section 235(2)(c)(ix) (but not the “or” following it).

(11) In the Utilities Act 2000, omit section 105(5)(j).

(12) In the Transport Act 2000, in Schedule 9, omit paragraph 3(2)(l).

(13) In the Enterprise Act 2002, omit section 270(3).

(14) In the Constitutional Reform Act 2005, in Part 3 of Schedule 14, omit the entry for a member of the Insolvency Practitioners Tribunal panel.

(15) In the Companies Act 2006—

(a) in Schedule 2, in Part 2, in Section (A) (United Kingdom), omit paragraph 18;

(b) in Schedule 11A, omit paragraph 64.

(16) In the Tribunals, Courts and Enforcement Act 2007—

(a) in Part 4 of Schedule 6, omit the entry for the Insolvency Practitioners Tribunal;

(b) in Schedule 10, omit paragraph 19.

(17) In the Civil Aviation Act 2012, in Schedule 6, in paragraph 4(2), omit the entry for the Insolvency Practitioners Tribunal.

23

(1) For the purposes of this paragraph—

the “commencement date” is 1 October 2015 (the date on which paragraph 21 of this Schedule came into force);

the “transitional period” is the period of 1 year beginning with the commencement date.

(2) Where, immediately before the commencement date, a person holds an authorisation granted under section 393 of the Insolvency Act 1986, section 393(3A) to (6) of that Act together with, for the purposes of this sub-paragraph, paragraphs (a) and (b) of section 393(2) of that Act (which are repealed by paragraph 21) continue to have effect in relation to the person and the authorisation during the transitional period.

(3) During the transitional period, a person to whom sub-paragraph (2) applies is to be treated for the purposes of Part 13 of the Insolvency Act 1986 as fully authorised under section 390A of that Act (as inserted by section 17(3) of this Act) to act as an insolvency practitioner unless and until the person's authorisation is (by virtue of sub-paragraph (2)) withdrawn.

(4) Where, immediately before the commencement date, a person has applied under section 392 of the Insolvency Act 1986 for authorisation to act as an insolvency practitioner and the application has not been granted, refused or withdrawn, sections 392(4) to (7) and 393(1) and (2) of that Act (which are repealed by paragraph 21) continue to have effect in relation to the person and the application during the transitional period.

(5) Where, during the transitional period, an authorisation is (by virtue of sub-paragraph (4)) granted under section 393 of the Insolvency Act 1986, sub-paragraphs (2) and (3) above apply as if—

(a) the authorisation had been granted immediately before the commencement date;

(b) in sub-paragraph (2), the reference to section 393(3A) to (6) were a reference to section 393(4) to (6).

(6) For the purposes of sub-paragraphs (2) and (4), sections 394 to 398 of, and Schedule 7 to, the Insolvency Act 1986 (which are repealed by paragraph 21) continue to have effect during the transitional period.

PART 7 — Liabilities of administrators and administrative receivers of companies and preferential debts of companies and individuals

Treatment of liabilities relating to contracts of employment

24

The Insolvency Act 1986 is amended in accordance with paragraphs 25 to 28.

25

In section 19 (vacation of office by administrator), as continued in force by virtue of section 249(1) of the Enterprise Act 2002 (special administration regimes), omit subsection (10) (what “wages or salary” includes for the purposes of subsection (9)(a)).

26

In section 44 (receivership: agency and liability for contracts), omit subsection (2D) (what “wages or salary” includes for the purposes of subsection (2C)(a)).

27

In Schedule B1 (administration of companies), in paragraph 99 (vacation of office by administrator: charges and liabilities), omit sub-paragraph (6)(d) (what “wages or salary” includes for the purposes of sub-paragraph (5)(c)) but not the “and” following it.

28

In Schedule 6 (categories of preferential debt), in paragraph 15 (what “wages or salary” includes for the purposes of determining what is a category 5 preferential debt), omit paragraph (b) and the “and” before it.

PART 8 — Requirements of company law: proxies

Proxies at a poll taken 48 hours or less after it was demanded

29

In section 327(2) of the Companies Act 2006 (which regulates the period of notice required for the appointment of a proxy), omit paragraph (c).

30

In section 330(6) of that Act (which regulates the period of notice required for the termination of a proxy's authority), omit paragraph (c).

SCHEDULE 7

PART 1 — Wildlife and Countryside Act 1981

1

The Wildlife and Countryside Act 1981 is amended as follows.

2

In section 53 (duty to keep definitive map and statement under continuous review) —

(a) in subsection (3)(c)(i), omit “or is reasonably alleged to subsist”;

(b) after subsection (3)(c)(i) insert—

(ia) in the case of an authority in Wales, that a right of way which is not shown in the map and statement is reasonably alleged to subsist over land in the area to which the map relates, being such a right of way as is mentioned in sub-paragraph (i);

3

After that section insert—

(53ZA) (1) The Secretary of State may by regulations provide for Schedules 13A and 14A to apply with prescribed modifications in relation to the making of orders under section 53(2) in cases where it appears to a surveying authority in England (whether or not on an application under section 53(5)) that— (a) it is requisite to make a modification of a definitive map and statement in consequence of an event mentioned in section 53(3)(c); (b) the need for the modification has arisen because of an administrative error; and (c) both the error and the modification needed to correct it are obvious. (2) The Secretary of State may by regulations provide for Schedule 14A to apply with prescribed modifications in cases where an order under section 53(2) is made in accordance with regulations under subsection (1). (3) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) At any time when regulations under subsection (1) are in force, a surveying authority shall, in deciding whether paragraphs (a) to (c) of that subsection apply in a particular case (and, accordingly, whether the provision made by the regulations applies in relation to the making of an order under section 53(2) in that case), have regard to any guidance given by the Secretary of State. (5) In this section, “prescribed” means prescribed by regulations.

4

In section 53B (register of applications under section 53), after subsection (4) insert—

(4A) Regulations may provide that subsection (1) does not apply, with respect to applications under section 53(5) made to an authority in England, or to any prescribed description of such applications, unless the authority serve notice under paragraph 2(4)(b) of Schedule 13A in relation to such an application. (4B) The making of regulations under subsection (4A) does not prevent an authority including in the register any information that they would be required to include in it had the regulations not been made.

5

After section 54A insert—

(54B) (1) This section applies where it appears to a surveying authority in England (whether or not on an application under section 53(5)) that — (a) it might be requisite to make a modification to a definitive map and statement in consequence of the occurrence of one or more events falling within section 53(3)(b) or (c)(i) or (ii); (b) the basis for the authority's view that it might be requisite is documentary evidence of the existence of a right of way before 1949; and (c) in a case where the authority form that view following an application, the authority have served notice under paragraph 2(4)(b) of Schedule 13A that they are considering the application. (2) The authority shall ascertain whether every owner of the land to which the modification relates consents to the making of an order under section 53(2) or would so consent if the authority made one or more of the following orders (“special orders”)— (a) a diversion order; (b) an order altering the width of the path or way; (c) an order imposing a new limitation or condition affecting the right of way. (3) A diversion order is an order which, for the purpose of diverting the line of the path or way or part of it— (a) creates any such new path or way (of the same kind) as appears to the authority appropriate; and (b) extinguishes any public right of way over so much of the path or way as appears to the authority to be appropriate. (4) If every owner consents to the making of an order under section 53(2) (without the making of a special order), the authority— (a) may make the order under section 53(2); and (b) if they do so, shall include in the order a statement that it is made with the consent of every owner. (5) If an owner would consent to the making of an order under section 53(2) only if one or more special orders are made, and the other owners (if any) do not object to the making of such an order or orders, the authority may make the special order or orders in question and, if they do so, shall— (a) make an order under section 53(2); (b) include in that order a statement that it is made with the consent of every owner; and (c) combine any special orders and the order under section 53(2) in a single document. (6) Before making a diversion order, the authority must— (a) be satisfied that the path or way will not be substantially less convenient to the public in consequence of the diversion; and (b) have regard to any guidance given by the Secretary of State. (7) As soon as reasonably practicable after an authority are satisfied that they have power under subsection (4) or (5) to make an order under section 53(2), the authority must— (a) give notice to each owner that they are satisfied that they have that power; and (b) include in the notice an explanation of the effect of subsection (9) of this section. (8) An order under section 53(2) which includes a statement that it is made with the consent of every owner is referred to in this Act as a modification consent order. (9) An authority must determine whether to make a modification consent order before the end of the period of 12 months beginning with— (a) in the case mentioned in subsection (1)(c), the day on which the authority served notice under paragraph 2(4)(b) of Schedule 13A in respect of the application; (b) in any other case, the day on which notice is given under subsection (7). (10) The Secretary of State may by order provide that, in cases or circumstances specified in the order, subsection (9) applies as if for the period of 12 months mentioned in that subsection there were substituted a longer period specified in the order. (11) An order under subsection (10) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (54C) (1) An authority may not make a diversion order under section 54B(5) so as to alter a point of termination of a path or way— (a) if that point is not on a highway; or (b) (where it is on a highway) otherwise than to another point which is on the same highway, or a highway connected with it, and which is substantially as convenient to the public. (2) An authority may not make such an order so as to alter the line of a path or way such that it falls on land owned by a person whose consent was not sought under section 54B(2), unless that other person consents to the alteration. (3) Where a modification consent order takes effect, any path or way, or any part of a path or way, which is shown in a definitive map and statement in consequence of the order or any special order combined with it under section 54B(5) is maintainable at the public expense (including so much of a path or way as has been created by the making of a special order altering the width of an existing path or way). (4) Where it appears to an authority— (a) that if a modification consent order were to take effect, a path or way, or part of a path or way, would be maintainable at the public expense by virtue of subsection (3); and (b) that work is required to be done to bring the path or way, or the part, into a fit condition for use by the public, the authority may not confirm the order under Schedule 14A until they are satisfied that the work has been carried out.

PART 2 — New Schedule 13A to the 1981 Act

6

After Schedule 13 to the Wildlife and Countryside Act 1981 insert—

SCHEDULE 13A (1) (1) An application must be made in the prescribed form and be accompanied by— (a) a map drawn to the prescribed scale and showing the way or ways to which the application relates; and (b) copies of any documentary evidence (including statements of witnesses) which the applicant wishes to adduce in support of the application, unless the authority have informed the applicant that the authority already have access to the evidence in question. (2) Regulations under sub-paragraph (1) must provide for an application to include an explanation as to why the applicant believes that a definitive map and statement should be modified in consequence of the occurrence of one or more events falling within section 53(3)(b) or (c). (2) (1) An authority must, before the end of the period of 3 months beginning with the day on which they receive an application, decide whether the application, and any documentary evidence which the applicant relies on in support of it, show that there is a reasonable basis for the applicant's belief that a definitive map and statement should be modified in consequence of the occurrence of one or more events falling within section 53(3)(b) or (c). (2) In deciding whether there is such a basis, the authority must have regard to any guidance given by the Secretary of State. (3) If they decide that there is no such basis, they must, before the end of that period of 3 months, inform the applicant of their decision and the reasons for it. (4) If they decide that there is such a basis, they must, before the end of that period— (a) inform the applicant; and (b) serve a notice on every owner and occupier of any land to which the application relates stating that an application has been made and the authority are considering it. (5) If, after reasonable inquiry has been made, the authority are satisfied that it is not practicable to ascertain the name or address of an owner or occupier of any land to which the application relates, the authority may direct that the notice required to be served on the person by sub-paragraph (4) may be served by addressing it to the person by the description “owner” or “occupier” of the land (describing it) and by affixing it to some conspicuous object or objects on the land. (3) (1) If an authority have not assessed an application in accordance with paragraph 2 before the end of the period of 3 months beginning with the day on which they received the application, the applicant may give notice to the authority in the prescribed form of an intention to apply to a magistrates' court for an order under this paragraph. (2) The applicant may apply to a magistrates' court for an order under this paragraph at any time— (a) after the end of the period of 1 month beginning with the day on which notice was given; and (b) before the end of the period of 6 months beginning with that day. (3) On hearing an application under this paragraph, a magistrates' court may order the authority to take specified steps for the purposes of discharging the authority's duty under paragraph 2 and to do so within such reasonable period as may be specified. (4) An order under sub-paragraph (3) may provide for paragraph 5 to apply in relation to the application made to the authority as if for the period of 12 months beginning with the day on which the authority received the application there were substituted a longer period. (5) The authority or the applicant may appeal to the Crown Court against a decision of a magistrates' court under this paragraph. (6) An order under this paragraph does not take effect— (a) until the end of the period of 21 days beginning with the day after the day on which the order was made, or (b) if an appeal is brought in respect of the order within that period (whether by way of appeal to the Crown Court or by way of case stated for the opinion of the High Court), until the final determination or withdrawal of the appeal. (4) (1) As soon as reasonably practicable after serving a notice under paragraph 2(4)(b), the authority must— (a) investigate the matters stated in the application; and (b) after consulting with every local authority whose area includes the land to which the application relates, decide whether to make or not to make the order to which the application relates. (2) The duty in sub-paragraph (1) does not apply in a case to which section 54B (modifications by consent) applies (see section 54B(1)). (3) But if, in such a case, an event mentioned below occurs, the authority must take the steps mentioned in sub-paragraph (1)(a) and (b) as soon as reasonably practicable after the occurrence of that event. The events are— (a) that the authority ascertain that an owner does not consent to the making of an order under section 53(2) (whether with or without the making of a special order mentioned in section 54B(2)(a) to (c)); (b) that the authority decide for any other reason not to make a modification consent order; (c) that the period of 12 months beginning with the date on which notice was served under paragraph 2(4)(b) expires without the authority having determined whether to make such an order; (d) that the authority make such an order but decide not to confirm it. (4) As soon as practicable after determining an application, the authority must give notice of their decision by serving a copy of it on the applicant and any person on whom notice of the application was required to be served under paragraph 2(4)(b). (5) (1) If an authority have not discharged their duty under paragraph 4 within the period of 12 months beginning with the day on which they received the application, the applicant or any owner or occupier of any land to which the application relates may give notice to the authority in the prescribed form of an intention to apply to a magistrates' court for an order under sub-paragraph (4). (2) A person who has given notice under sub-paragraph (1) may apply to a magistrates' court for an order under sub-paragraph (4) at any time— (a) after the end of the period of 1 month beginning with the day on which notice was given; and (b) before the end of the period of 12 months beginning with that day. (3) On the hearing of an application under sub-paragraph (2) the other persons by whom a notice under sub-paragraph (1) could have been given have a right to be heard. (4) On hearing an application under sub-paragraph (2), a magistrates' court may order the authority to take specified steps for the purposes of discharging their duty under paragraph 4 and to do so within such reasonable period as may be specified. (5) The authority may make one application to a magistrates' court for an order extending by up to 12 months the period specified in the order under sub-paragraph (4). (6) On the hearing of an application under sub-paragraph (5) in relation to an order under sub-paragraph (4), the person who applied for that order and the other persons by whom a notice under sub-paragraph (1) could have been given have a right to be heard. (7) A decision of a magistrates' court under this paragraph may be appealed to the Crown Court by— (a) the authority; (b) the applicant for an order under sub-paragraph (4); (c) any other person by whom a notice under sub-paragraph (1) could have been given. (8) An order under this paragraph does not take effect— (a) until the end of the period of 21 days beginning with the day after the day on which the order was made; or (b) if an appeal is brought in respect of the order within that period (whether by way of appeal to the Crown Court or by way of case stated for the opinion of the High Court), until the final determination or withdrawal of the appeal. (6) (1) An applicant for an order under sub-paragraph (4) of paragraph 5 must give notice to the court of the names and addresses of any other person by whom a notice under sub-paragraph (1) of that paragraph could have been given. (2) If it is not reasonably practicable for an applicant to ascertain such a name and address, the applicant is be taken to have complied with sub-paragraph (1) if the applicant gives notice to the court that that is the case. (3) Notice of the hearing, of the right to be heard and of the right to appeal against a decision on an application under paragraph 5(2) must be given by the court to each person whose name and address is notified to the court under sub-paragraph (1). (4) Notice of the hearing, of the right to be heard and of the right to appeal against a decision on an application under paragraph 5(5) must be given by the court to— (a) the person who applied for the order under paragraph 5(4) to which the application relates; and (b) each person whose name and address was notified to the court under sub-paragraph (1) by the person mentioned in paragraph (a). (5) Where the court is given notice under sub-paragraph (2), notice of the hearing, of the right to be heard and of the right to appeal against a decision on an application under paragraph 5(2) or (5) must also be given by the court by affixing it to some conspicuous object or objects on the land to which the application relates. (7) (1) Where an authority decide under paragraph 4 not to make an order, the applicant may, at any time within 28 days after service of notice of the decision, give notice to the authority in the prescribed form of the applicant's wish to appeal against the decision to the Secretary of State and of the grounds on which the applicant wishes to do so. (2) If the applicant gives such notice and does not withdraw it— (a) the authority must submit the matter to the Secretary of State; and (b) the Secretary of State must deal with the matter as an appeal against the decision of the authority. (3) The authority may, but need not, act as mentioned in sub-paragraph (2) if the authority are of the opinion that nothing in the grounds of appeal relates to an issue which, if the matter were submitted to the Secretary of State, would be relevant to the Secretary of State's decision on the appeal. (4) In deciding whether to exercise their power under sub-paragraph (3) not to submit the matter, the authority must have regard to any guidance given by the Secretary of State. (5) Where the authority decide not to submit the matter, the authority must inform the applicant of their decision and the reasons for it. (6) Where the matter is submitted to the Secretary of State, the authority must give notice in the prescribed form— (a) setting out the authority's decision; (b) stating that the matter has been submitted to the Secretary of State; (c) naming a place in the area in which the land to which the decision relates is situated where a copy of the decision may be inspected free of charge, and copies of it may be obtained at a reasonable charge, at all reasonable hours; and (d) specifying the time (not being less than 42 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the decision, which must include particulars of the grounds relied on, may be made to the Secretary of State. (7) Subject to sub-paragraph (9), the notice to be given under sub-paragraph (6) must be given— (a) by publication on a website maintained by the authority and on such other websites or through the use of such other digital communications media as the authority may consider appropriate; (b) by serving a like notice on— (i) every owner and occupier of any of the land to which the decision relates; (ii) every local authority whose area includes any of that land; (iii) every person on whom notice is required to be served in pursuance of sub-paragraph (8); and (iv) such other persons as may be prescribed in relation to the area in which that land is situated or as the authority may consider appropriate; and (c) by causing a copy of the notice to be displayed in a prominent position— (i) at the ends of so much of any way as is affected by the decision; (ii) at council offices in the locality of the land to which the decision relates; and (iii) at such other places as the authority may consider appropriate. (8) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give the person notice of all such decisions under paragraph 4 not to make an order as— (a) are made by the authority during a period specified in the requirement; (b) are of a description so specified; and (c) relate to land comprised in an area so specified. (9) The Secretary of State may, in any particular case, direct that it is not necessary to comply with sub-paragraph (7)(b)(i); but if such a direction is given in the case of any land, then in addition to publication the notice must be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice must be affixed to some conspicuous object or objects on the land. (10) Sub-paragraph (7)(b) and (c) and, where applicable, sub-paragraph (9) must be complied with not less than 42 days before the expiration of the time specified in the notice. (11) A notice required to be served by sub-paragraph (7)(b) on the owner or occupier of any land, or on a local authority, must be accompanied by a copy of so much of the decision as relates to that land or, as the case may be, the area of that authority; and a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate must be accompanied by a copy of the decision. (12) A notice required to be displayed by sub-paragraph (7)(c) at the ends of so much of any way as is affected by the decision must be accompanied by a plan showing the general effect of the decision so far as it relates to that way. (13) At any time after the publication of a notice under this paragraph, and before the expiration of the period specified in the notice for the making of representations and objections, any person may require the authority to inform the person what documents (if any) were taken into account in making the decision and— (a) as respects any such documents in the possession of the authority, to permit him to inspect them and take copies; and (b) as respects any such documents not in their possession, to give him any information the authority have as to where the documents can be inspected; and the authority must comply with a requirement under this sub-paragraph within 14 days of the making of the requirement. (14) Nothing in sub-paragraph (6)(d) or (13) is to be construed as limiting the grounds which may be relied on or the documentary or other evidence which may be adduced at any local inquiry or hearing held under paragraph 8(1)(a) or (c) or included in representations made under paragraph 8(1)(b). (8) (1) Where a matter is submitted to the Secretary of State under paragraph 7(2), the Secretary of State must either— (a) cause a local inquiry to be held; (b) afford the applicant, and any person by whom a representation or objection has been duly made and not withdrawn, an opportunity to make representations (or further representations) to a person appointed by the Secretary of State for that purpose; or (c) afford the applicant, and any person by whom a representation or objection has been duly made and not withdrawn, an opportunity to be heard by a person appointed by the Secretary of State for that purpose. (2) The Secretary of State may, but need not, act as mentioned in sub-paragraph (1) if, in the opinion of the Secretary of State, nothing in the grounds of appeal, and no representation or objection which has been duly made and not withdrawn, relates to an issue which would be relevant to the Secretary of State's decision on the appeal. (3) On considering the grounds of appeal, any representations or objections duly made (and not withdrawn) and the report of any person appointed to hold an inquiry or appointed as mentioned in sub-paragraph (1)(b) or (c), the Secretary of State may— (a) uphold the authority's decision; (b) direct the authority to make an order in accordance with the direction; (c) make an order. (4) Sub-paragraph (5) applies if— (a) the Secretary of State proposes to direct an authority to make an order or proposes to make an order; and (b) an order made in accordance with the proposed direction or (as the case may be) the order that the Secretary of State is proposing to make would differ in a material respect from the order sought by the applicant in the application. (5) The Secretary of State must give such notice as appears to him or her to be requisite of the proposal, specifying the time (which must not be less than 28 days from the date of first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal, which must include particulars of the grounds relied on, may be made. (6) If any representation or objection duly made under sub-paragraph (5) is not withdrawn, the Secretary of State must either— (a) cause a local inquiry to be held; (b) afford any person by whom a representation or objection has been duly made and not withdrawn, an opportunity to make representations (or further representations) to a person appointed by the Secretary of State for that purpose; or (c) afford any person by whom a representation or objection has been duly made and not withdrawn, an opportunity to be heard by a person appointed by the Secretary of State for that purpose. (7) The Secretary of State must consider the report of any person appointed to hold an inquiry or appointed as mentioned in sub-paragraph (6)(b) or (c). (8) The Secretary of State may, but need not, act as mentioned in sub-paragraph (6) if, in his or her opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant to the Secretary of State's decision on the appeal. (9) For the purposes of sub-paragraph (4)(b), an order made in accordance with the proposed direction, or (as the case may be) the order that the Secretary of State is proposing to make, would differ in a material respect from the order sought by the applicant in the application if— (a) it would affect land not affected by the order sought by the applicant; (b) it would not show any way shown in the order sought by the applicant; (c) it would show any way not so shown; or (d) it would show as a highway of a particular description a way which is shown in the order sought by the applicant as a highway of another description. (10) Nothing in sub-paragraph (5) is be construed as limiting the grounds which may be relied upon or the documentary or other evidence which may be adduced at any local inquiry or hearing held under sub-paragraph (6)(a) or (c) or included in representations made under sub-paragraph (6)(b). (9) (1) A decision of the Secretary of State under paragraph 8 must, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed is to be treated as a decision of the Secretary of State. (2) The Secretary of State may, if the Secretary of State thinks fit, direct that a decision which, by virtue of sub-paragraph (1) and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State is instead to be made by the Secretary of State; and a direction under this sub-paragraph must state the reasons for which it is given and must be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn. (3) Where the Secretary of State has appointed a person to make a decision under paragraph 8 the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it. (4) Where by virtue of sub-paragraph (2) or (3) a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter is to be treated as having been done by or in relation to the former. (5) Regulations under this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph. (10) (1) Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) apply in relation to any hearing or local inquiry held under paragraph 8 as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section. (2) In its application to a hearing or inquiry held under paragraph 8 by a person appointed under paragraph 9, subsection (5) of that section is to have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State. (3) Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under paragraph 8 as it applies in relation to a hearing or local inquiry for the purposes referred to in that section. (11) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give the person notice of all such orders as— (a) are made by the authority in accordance with a direction under paragraph 8(3)(b) or by the Secretary of State under paragraph 8(3)(c) during a period specified in the requirement; (b) are of a description so specified; and (c) relate to land in an area so specified. (12) (1) Where an application is made to an authority, the applicant may at any time before the application is determined give notice in the prescribed form to the authority that another person named in the notice is to carry on the application. (2) Where such a notice is given, the other person is (in relation to any time after it is given) to be treated as the applicant for the purposes of this Act. (13) (1) In this Schedule— - “application” means an application under section 53(5); - “local authority” means a non-metropolitan district council, a parish council or the parish meeting of a parish not having a separate parish council; - “prescribed” means prescribed by regulations made by the Secretary of State. (2) Regulations under this Schedule are to be made by statutory instrument and are subject to annulment in pursuance of a resolution of either House of Parliament.

PART 3 — New Schedule 14A to the 1981 Act

7

After Schedule 14 to the Wildlife and Countryside Act 1981 insert the following Schedule—

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