House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

65

House of Commons

Thursday 29 November 2012

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Growth and Infrastructure Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [13 November 2012].

Roberta Blackman-Woods

Ian Murray

78

Clause  7,  page  9,  leave out line 24 and insert—

‘(ba)
the need to deliver sustainable development in the United Kingdom.’.

Ian Murray

Roberta Blackman-Woods

53

Clause  7,  page  9,  line  24,  leave out ‘the need to promote economic growth in the

United Kingdom’ and insert ‘the need to promote economic growth in the UK through the

Government’s broadband programme’.

Ian Murray

Roberta Blackman-Woods

54

Clause  7,  page  9,  line  33,  leave out ‘6 April 2018’ and insert ‘31 December 2015’.

Ian Murray

Roberta Blackman-Woods

87

Clause  7,  page  9,  line  36,  at end insert—

‘(c)
the resulting regulations are expressed so as to require any person to

whom the code set out in Schedule 2 to the Telecommunications Act

1984 (“the electronic communications code”) applies, before executing

works in a national park, to consult—

Public Bill Committee: 29 November 2012
66

Growth and Infrastructure Bill, continued

(i)
the National Park Authority for the park in question,

(ii)
each local planning authority in whose area the works are

proposed to be executed, and

(iii)
such other persons as he considers appropriate.’.

Ian Murray

Roberta Blackman-Woods

55

Clause  7,  page  9,  line  44,  leave out ‘6 April 2018’ and insert ‘31 December 2015’.

Ian Murray

Roberta Blackman-Woods

88

Clause  7,  page  9,  line  46,  at end insert—

‘(c)
the resulting regulations are expressed so as to require any person to

whom the code set out in Schedule 2 to the Telecommunications Act

1984 (“the electronic communications code”) applies, before executing

works in a national park, to consult—

(i)
the Committee for Nature Conservation and the Ulster

Countryside Committee,

(ii)
each district council in whose area the works are proposed to be

executed, and

(iii)
such other persons as he considers appropriate.’.

Ian Murray

Roberta Blackman-Woods

56

Clause  7,  page  10,  line  8,  leave out ‘6 April 2018’ and insert ‘31 December 2015’.

Ian Murray

Roberta Blackman-Woods

89

Clause  7,  page  10,  line  10,  at end insert—

‘(c)
the resulting regulations are expressed so as to require any person to

whom the code set out in Schedule 2 to the Telecommunications Act

1984 (“the electronic communications code”) applies, before executing

works in the Broads, to consult—

(i)
the Broads Authority,

(ii)
each local planning authority in whose area the works are

proposed to be executed, and

(iii)
such other persons as he considers appropriate.’.

Ian Murray

Roberta Blackman-Woods

57

Clause  7,  page  10,  line  21,  leave out ‘6 April 2018’ and insert ‘31 December 2015’.

Public Bill Committee: 29 November 2012
67

Growth and Infrastructure Bill, continued

Ian Murray

Roberta Blackman-Woods

90

Clause  7,  page  10,  line  23,  at end insert—

‘(c)
the resulting regulations are expressed so as to require any person to

whom the code set out in Schedule 2 to the Telecommunications Act

1984 (“the electronic communications code”) applies, before executing

works in an area of outstanding natural beauty, to consult—

(i)
any conservation board that exists in respect of the area of

outstanding natural beauty, or, if no conservation board exists,

Natural England or the Countryside Council for Wales, as

appropriate,

(ii)
each local planning authority in whose area the works are

proposed to be executed, and

(iii)
such other persons as he considers appropriate.’.

Ian Murray

Roberta Blackman-Woods

58

Clause  7,  page  10,  line  24,  leave out ‘6 April 2018’ and insert ‘31 December 2015’.

Roberta Blackman-Woods

Ian Murray

Nic Dakin

94

Clause  12,  page  14,  line  15,  leave out ‘may’ and insert ‘must’.

Roberta Blackman-Woods

Ian Murray

Nic Dakin

95

Clause  12,  page  14,  line  27,  at end insert—

‘(e)
for publicising the deposit of a statement under subsection (1) in the local

area.’.

Roberta Blackman-Woods

Ian Murray

96

Clause  13,  page  15,  line  26,  after ‘may’, insert ‘subject to consultation’.

Michael Fallon

Nick Boles

52

Clause  13,  page  15,  line  34,  at end insert—

‘( )
The transitional provision that may be included in an order under subsection

(5)(a) specifying an additional trigger or terminating event includes provision for

Public Bill Committee: 29 November 2012
68

Growth and Infrastructure Bill, continued

this section to apply where such an event has occurred before the order is made

or before it comes into force and as to its application in such a case.’.

Roberta Blackman-Woods

Ian Murray

97

Clause  13,  page  16,  line  1,  leave out from ‘apply’ to the end of line 3 and add ‘in

relation to an application under section 15(1) of the Commons Act 2006 which—

(a)
is sent before the day on which this section comes into force, or

(b)
is in an area which is not covered by an adopted local plan or an adopted

neighbourhood development plan.’.

Roberta Blackman-Woods

Ian Murray

98

Schedule  4,  page  40,  leave out lines 21 to 27.

Roberta Blackman-Woods

Ian Murray

99

Schedule  4,  page  40,  leave out lines 38 to 47.

Roberta Blackman-Woods

Ian Murray

100

Schedule  4,  page  41,  leave out lines 27 to 34.

Michael Fallon

Nick Boles

79

Clause  19,  page  20,  line  10,  leave out ‘(3)(a)’ and insert ‘(3)’.

Michael Fallon

Nick Boles

80

Clause  19,  page  20,  leave out line 12 and insert ‘the words from “unless” to the end

substitute “unless—

(a)
the Secretary of State is satisfied that one of subsections (4) to (5)

applies, and

(b)
that fact, and the subsection concerned, are recorded in the order

or otherwise in the instrument or other document containing the

order.”,’.

Public Bill Committee: 29 November 2012
69

Growth and Infrastructure Bill, continued

Michael Fallon

Nick Boles

81

Clause  19,  page  20,  line  34,  at end insert ‘, and

(c)
omit subsections (6) to (10) (provision about certificates under

subsection (3)(b)).’.

Michael Fallon

Nick Boles

82

Clause  19,  page  20,  line  38,  leave out from second ‘allotment’ to ‘after’ in line 39

and insert ‘)—

(a)
in subsection (2) (special parliamentary procedure does not apply if

Secretary of State certifies that one of subsections (3) to (5) applies) for

the words from “unless” to the end substitute “unless—

(a)
the Secretary of State is satisfied that one of subsections

(3) to (5) applies, and

(b)
that fact, and the subsection concerned, are recorded in

the order or otherwise in the instrument or other

document containing the order.”,

(b)
’.

Michael Fallon

Nick Boles

83

Clause  19,  page  21,  line  10,  at end insert ‘, and

(c)
omit subsections (6) to (10) (provision about certificates under

subsection (2)(b)).’.

Michael Fallon

Nick Boles

84

Clause  20,  page  22,  line  3,  at end insert—

‘(c)
paragraph 22 of Schedule 3 to the Harbours Act 1964 (harbour

revision or empowerment order authorising compulsory

purchase of, or of rights over, inalienable National Trust land or

land forming part of a common, open space or fuel or field

garden allotment),

(d)
paragraph 12 or 13 of Schedule 4 to the New Towns Act 1981

(order authorising compulsory purchase of local authority land,

inalienable National Trust land or land forming part of a

common, open space or fuel or field garden allotment), or

(e)
section 12 of the Transport and Works Act 1992 (order

authorising compulsory purchase of, or of rights over,

inalienable National Trust land or land forming part of a

common, open space or fuel or field garden allotment).

(4)
A reference in this Act to land to which a special-acquisition provision

applies is to be read as follows—

(a)
“land” has the same meaning as it has for the purposes of the

special-acquisition provision, and

Public Bill Committee: 29 November 2012
70

Growth and Infrastructure Bill, continued

(b)
in the case of a special-acquisition provision mentioned in

subsection (3)(c) or (e), the reference is to—

(i)
land (as so defined) belonging to the National Trust

which is held by the Trust inalienably, or

(ii)
land (as so defined) forming part of a common, open

space or fuel or field garden allotment.

(5)
The definition of “the National Trust” given by section 7(1) of the

Acquisition of Land Act 1981, and section 18(3) of that Act (meaning of

“held inalienably”), apply for the purposes of subsection (4)(b)(i).

(6)
In subsection (4)(b)(ii) “common”, “fuel or field garden allotment” and

“open space” have the same meaning as in section 19 of that Act.”’.

Michael Fallon

Nick Boles

85

Clause  20,  page  22,  line  26,  at end insert—

‘(5A)
In section 3(4A)—

(a)
the reference in the opening words to the order to which a

petition relates is to be read as a reference to the order containing

the special authorisation to which a petition relates, and

(b)
in paragraph (a) the reference to the order being one that relates

to proposals of the kind mentioned is to be read as a reference to

the Chairmen being of the opinion that removal of the special

authorisation from the order would be inconsistent with

proposals of that kind.’.

Michael Fallon

Nick Boles

86

Clause  20,  page  25,  line  13,  leave out from ‘in’ to end of line 15 and insert

‘paragraphs 4(2) and 5(2) of Schedule 3 (certain compulsory purchase orders subject to

special parliamentary procedure so far as authorising acquisition of rights over special

land if owner objects to the order) for “the order” substitute “the compulsory purchase of

the rights”.

(7A)
In paragraph 12 of Schedule 4 to the New Towns Act 1981 (certain compulsory

purchase orders subject to special parliamentary procedure so far as authorising

acquisition of special land if owner objects to the order) for “to the order”

substitute “to the acquisition of the land”.

(7B)
In each of the following provisions (which refer to orders confirmed by Act under

section 6 of the 1945 Act) before “6” insert “4 or”—

section 44(1) of the Harbours Act 1964,

section 27 of the Acquisition of Land Act 1981,

paragraph 16(a) of Schedule 4 to the New Towns Act 1981,

paragraph 6(6)(a) of Schedule 11 to the Water Industry Act 1991,

paragraph 6(6)(a) of Schedule 19 to the Water Resources Act 1991, and

section 12(3)(b) of the Transport and Works Act 1992.’.

Public Bill Committee: 29 November 2012
71

Growth and Infrastructure Bill, continued

Roberta Blackman-Woods

Ian Murray

101

Clause  21,  page  25,  line  23,  after ‘may’, insert ‘subject to regulations excluding

sites of special environmental or historic importance,’.

Roberta Blackman-Woods

Ian Murray

102

Clause  21,  page  25,  line  26,  at end insert—

‘(1B)
The Secretary of State must publish his reasons for giving a direction under this

subsection.’.

Roberta Blackman-Woods

Ian Murray

103

Clause  21,  page  25,  line  33,  at end insert—

‘(aa)
the development does not involve surface mineral extraction or

quarrying.’.

Roberta Blackman-Woods

Ian Murray

104

Clause  21,  page  25,  line  36,  leave out ‘thinks’ and insert ‘considers that, subject to

published criteria,’.

Mr Nick Raynsford

91

Clause  21,  page  26,  line  13,  at end insert—

‘(6)
The Secretary of State must prepare and lay before Parliament a proposal for a

national policy statement, setting out national policy in relation to this section.’.

Mr Nick Raynsford

Ian Murray

Roberta Blackman-Woods

92

Clause  22,  page  28,  line  30,  at end add—

‘(11)
The Secretary of State may not by order appoint for this section to come into force

until—

(a)
he has published calculated estimates of the total numbers of those

ratepayers who would be liable to pay more and of those who would be

liable to pay less to their billing authority if this section were or were not

brought into force, and

(b)
he has consulted with representatives of those likely to be affected by the

bringing into force of this section, after publishing the information

required under subsection (11)(a).’.



© Parliamentary copyright	Revised 29 November 2012