for consideration less than the best that can reasonably be obtained) insert—

“(3A) The Secretary of State may give consent under subsection (3)—

(a) in relation to any particular disposal or disposals, or in relation
to a particular class of disposals,

(b) in relation to local authorities generally, or local authorities of a
5particular class, or to any particular local authority or
authorities, and

(c) either unconditionally or subject to conditions (either generally,
or in relation to any particular disposal or disposals or class of
disposals).”

(3) 10After subsection (8) (exclusion of section 123 of the Local Government Act
1972) insert—

“(9) Section 128(2) of the Local Government Act 1972 (which already gives
protection to purchasers etc in respect of certain land transactions,
including disposals under this section by certain authorities) applies in
15relation to every disposal of land under this section by a local authority
for an area in England; and section 29 of the Town and Country
Planning Act 1959 does not apply in relation to such a disposal.”

7 Electronic communications code: the need to promote growth

(1) In section 109(2) of the Communications Act 2003 (matters to which Secretary
20of State must have regard when making regulations about conditions and
restrictions on application of electronic communications code), after paragraph
(b) insert—

“(ba) the need to promote economic growth in the United Kingdom;”

(2) In section 11A of the National Parks and Access to the Countryside Act 1949
25(public authorities’ duty to have regard to conserving beauty etc of National
Parks when exercising functions in relation to them), after subsection (2)
insert—

“(2A) Subsection (2) does not apply to the exercise by the Secretary of State of
the power to make regulations under section 109 of the
30Communications Act 2003 (conditions and restrictions on application
of electronic communications code) if—

(a) the power is exercised before 6 April 2018, and

(b) the resulting regulations are expressed to cease to have effect
(other than for transitional purposes) before that date.”

(3) 35In Article 4 of the Nature Conservation and Amenity Lands (Northern Ireland)
Order 1985 (S.I. 1985/170 (N.I. 1)) (public bodies’ duty to have regard to
conserving beauty etc of countryside when exercising functions in relation to
it), after paragraph (1) insert—

“(1A) Paragraph (1) does not apply to the exercise by the Secretary of State of
40the power to make regulations under section 109 of the
Communications Act 2003 (conditions and restrictions on application
of electronic communications code) if—

(a) the power is exercised before 6 April 2018, and

(b) the resulting regulations are expressed to cease to have effect
45(other than for transitional purposes) before that date.”

(4) In section 17A of the Norfolk and Suffolk Broads Act 1988 (public authorities’
duty to have regard to conserving beauty etc of the Broads when exercising
functions in relation to them), after subsection (1) insert—

“(1A) Subsection (1) does not apply to the exercise by the Secretary of State of
5the power to make regulations under section 109 of the
Communications Act 2003 (conditions and restrictions on application
of electronic communications code) if—

(a) the power is exercised before 6 April 2018, and

(b) the resulting regulations are expressed to cease to have effect
10(other than for transitional purposes) before that date.”

(5) In subsection (2) of that section, in paragraph (c), after “statutory undertaker”
insert “(other than an electronic communications code operator)”.

(6) In section 85 of the Countryside and Rights of Way Act 2000 (public
authorities’ duty to have regard to conserving beauty etc of areas of
15outstanding natural beauty when exercising functions in relation to such
areas), after subsection (1) insert—

“(1A) Subsection (1) does not apply to the exercise by the Secretary of State of
the power to make regulations under section 109 of the
Communications Act 2003 (conditions and restrictions on application
20of electronic communications code) if—

(a) the power is exercised before 6 April 2018, and

(b) the resulting regulations are expressed to cease to have effect
(other than for transitional purposes) before that date.”

(7) The amendment in subsection (5) ceases to have effect on 6 April 2018.

(8) 25Consultation undertaken for the purposes of section 109(4) of the
Communications Act 2003 in anticipation of the commencement of this section
(including consultation undertaken before the passing of this Act) is as
effective as consultation undertaken after that commencement.

8 Periodic review of mineral planning permissions

(1) 30Schedule 3 (periodic review of mineral planning permissions) has effect.

(2) The amendments made by that Schedule apply in relation to mineral
permissions granted before (as well as after) its coming into force, subject to
subsection (3).

(3) Those amendments do not apply in relation to a periodic review under
35Schedule 14 to the Environment Act 1995 of the mineral permissions relating
to a mining site which is begun but not completed before the coming into force
of Schedule 3.

(4) For the purposes of subsection (3) a periodic review is begun when a notice is
served under paragraph 4 of Schedule 14 to the Environment Act 1995 in
40connection with the review, and is completed—

(a) when an application under paragraph 6 of that Schedule in connection
with the review is finally determined, or

(b) if no such application is made, when the mineral permissions cease to
have effect in accordance with paragraph 7 of that Schedule.

(5) Subsection (3) does not affect the determination under Schedule 14 to the
Environment Act 1995 as amended by Schedule 3 of the date of any subsequent
periodic review by reference to a periodic review within that subsection.

(6) Expressions used in this section which are defined in the Environment Act 1995
5have the same meaning as in that Act.

9 Stopping up and diversion of highways

(1) Section 253 of the Town and Country Planning Act 1990 (procedure in
anticipation of planning permission) is amended as follows.

(2) In subsection (1), omit paragraph (b) and the “and” preceding it.

(3) 10After subsection (1) insert—

“(1A) Where—

(a) the Welsh Ministers would, if planning permission for any
development had been granted under Part 3, have power to
make an order under section 247 or 248 authorising the
15stopping up or diversion of a highway in order to enable that
development to be carried out, and

(b) subsection (2), (3) or (4) applies,

then, notwithstanding that such permission has not been granted, the
Welsh Ministers may publish notice of the draft of such an order in
20accordance with section 252.”

(4) In subsection (2)—

(a) for “Secretary of State” (in each place where it occurs) substitute “Welsh
Ministers”, and

(b) for “, a local development order or a neighbourhood development
25order” substitute “or a local development order”.

(5) In subsection (4), for “, county borough, metropolitan district or London
borough” substitute “or county borough,”.

(6) In subsection (5)—

(a) for “or the council of a London borough” substitute “, the council of a
30London borough or the Welsh Ministers”, and

(b) after “subsection (1)” insert “or, as the case may be, (1A)”.

10 Stopping up and diversion of public paths

(1) Part 10 of the Town and Country Planning Act 1990 (highways) is amended as
follows.

(2) 35In section 257 (footpaths, bridleways and restricted byways affected by other
development: orders by other authorities), after subsection (1) insert—

“(1A) Subject to section 259, a competent authority may by order authorise
the stopping up or diversion in England of any footpath, bridleway or
restricted byway if they are satisfied that—

(a) 40an application for planning permission in respect of
development has been made under Part 3, and

(b) if the application were granted it would be necessary to
authorise the stopping up or diversion in order to enable the
development to be carried out.”

(3) In that section, in subsection (4)—

(a) 5omit the “and” following paragraph (a), and

(b) after paragraph (b) insert—

“(c) in the case of development in respect of which an
application for planning permission has been made
under Part 3, the local planning authority to whom the
10application has been made or, in the case of an
application made to the Secretary of State under section
62A, the local planning authority to whom the
application would otherwise have been made.”

(4) In section 259 (confirmation of orders made by other authorities), after
15subsection (1) insert—

“(1A) An order under section 257(1A) may not be confirmed unless the
Secretary of State or (as the case may be) the authority is satisfied—

(a) that planning permission in respect of the development has
been granted, and

(b) 20it is necessary to authorise the stopping up or diversion in order
to enable the development to be carried out in accordance with
the permission.”

(5) In that section, in subsection (2), for “any such order” substitute “any order
under section 257(1) or 258”.

11 25Declarations negativing intention to dedicate way as highway

(1) Section 31 of the Highways Act 1980 (dedication of way as highway presumed
after public use for 20 years) is amended as set out in subsections (2) to (6).

(2) In subsection (6) (depositing of maps and statements and lodging of
declarations by owner of land to negative presumed intention to dedicate)—

(a) 30in paragraph (a) omit “on a scale of not less than 6 inches to 1 mile”,

(b) in the words after paragraph (b)—

(i) omit “statutory”, and

(ii) after “declarations” insert “in valid form”, and

(c) in sub-paragraphs (i) and (ii) for “ten” substitute “the relevant number
35of”.

(3) After subsection (6) insert—

“(6A) Where the land is in England—

(a) a map deposited under subsection (6)(a) and a statement
deposited under subsection (6)(b) must be in the prescribed
40form,

(b) a declaration is in valid form for the purposes of subsection (6)
if it is in the prescribed form, and

(c) the relevant number of years for the purposes of sub-
paragraphs (i) and (ii) of subsection (6) is 20 years.

(6B) 45Where the land is in Wales—

(a) a map deposited under subsection (6)(a) must be on a scale of
not less than 6 inches to 1 mile,

(b) a declaration is in valid form for the purposes of subsection (6)
if it is a statutory declaration, and

(c) 5the relevant number of years for the purposes of sub-
paragraphs (i) and (ii) of subsection (6) is 10 years.”

(4) After subsection (6B) (as inserted by subsection (3) above) insert—

“(6C) Where, under subsection (6), an owner of land in England deposits a
map and statement or lodges a declaration, the appropriate council
10must take the prescribed steps in relation to the map and statement or
(as the case may be) the declaration and do so in the prescribed manner
and within the prescribed period (if any).”

(5) In subsection (7)—

(a) for “and (6) above” substitute “, (6), (6C) and (13)”, and

(b) 15for “subsection (6)” substitute “subsections (6), (6C) and (13)”.

(6) After subsection (12) insert—

“(13) The Secretary of State may make regulations for the purposes of the
application of subsection (6) to land in England which make
provision—

(a) 20for a statement or declaration required for the purposes of
subsection (6) to be combined with a statement required for the
purposes of section 15A of the Commons Act 2006;

(b) as to the fees payable in relation to the depositing of a map and
statement or the lodging of a declaration (including provision for a fee
25payable under the regulations to be determined by the appropriate
council).

(14) For the purposes of the application of this section to land in England
“prescribed” means prescribed in regulations made by the Secretary of
State.

(15) 30Regulations under this section made by the Secretary of State may
make—

(a) such transitional or saving provision as the Secretary of State
considers appropriate;

(b) different provision for different purposes or areas.”

(7) 35In consequence of the amendment made by subsection (2)(c), omit paragraph
3 of Schedule 6 to the Countryside and Rights of Way Act 2000.

12 Registration of town or village green: statement by owner

In the Commons Act 2006, after section 15 (registration of greens) insert—

“15A Registration of greens: statement by owner

(1) 40Where the owner of any land in England to which this Part applies
deposits with the commons registration authority a statement in the
prescribed form, the statement is to be regarded, for the purposes of
section 15, as bringing to an end any period during which persons have
indulged as of right in lawful sports and pastimes on the land to which
45the statement relates.

(2) Subsection (1) does not prevent a new period commencing.

(3) A statement under subsection (1) must be accompanied by a map in the
prescribed form identifying the land to which the statement relates.

(4) An owner of land may deposit more than one statement under
5subsection (1) in respect of the same land.

(5) If more than one statement is deposited in respect of the same land, a
later statement (whether or not made by the same person) may refer to
the map which accompanied an earlier statement and that map is to be
treated, for the purposes of this section, as also accompanying the later
10statement.

(6) Where a statement is deposited under subsection (1), the commons
registration authority must take the prescribed steps in relation to the
statement and accompanying map and do so in the prescribed manner
and within the prescribed period (if any).

(7) 15Regulations may make provision—

(a) for a statement required for the purposes of this section to be
combined with a statement or declaration required for the
purposes of section 31(6) of the Highways Act 1980;

(b) for the requirement in subsection (3) to be satisfied by the
20statement referring to a map previously deposited under
section 31(6) of the Highways Act 1980;

(c) as to the fees payable in relation to the depositing of a statement under
subsection (1) (including provision for a fee payable under the
regulations to be determined by the commons registration authority);

(d) 25as to when a statement under subsection (1) is to be regarded as
having been deposited with the commons registration
authority.

(8) An agreement under section 4(3) of this Act or section 2(2) of the
Commons Registration Act 1965 which would have the effect of
30requiring an owner of land to deposit a statement under subsection (1)
with a registration authority in Wales is to be disregarded for the
purposes of this section.

(9) In this section “prescribed” means prescribed in regulations.

15B Register of section 15A statements

(1) 35Each commons registration authority must keep, in such manner as
may be prescribed, a register containing prescribed information about
statements deposited under section 15A(1) and the maps
accompanying those statements.

(2) The register kept under this section must be available for inspection
40free of charge at all reasonable hours.

(3) A commons registration authority may discharge its duty under
subsection (1) by including the prescribed information in the register
kept by it under section 31A of the Highways Act 1980 (register of maps
and statements deposited and declarations lodged under section 31(6)
45of that Act).

(4) Regulations may make provision—

(a) where a commons registration authority discharges its duty
under subsection (1) in the way described in subsection (3), for
the creation of a new part of the register kept under section 31A
of the Highways Act 1980 for that purpose;

(b) 5as to the circumstances in which an entry relating to a statement
deposited under section 15A(1) or a map accompanying such a
statement, or anything relating to the entry, is to be removed
from the register kept under this section or (as the case may be)
the register kept under section 31A of the Highways Act 1980.

(5) 10In this section “prescribed” means prescribed in regulations.”

13 Restrictions on right to register land as town or village green

(1) In the Commons Act 2006, after section 15B (as inserted by section 12 of this
Act) insert—

“15C Registration of greens: exclusions

(1) 15The right under section 15(1) to apply to register land in England as a
town or village green ceases to apply if an event specified in the first
column of the Table set out in Schedule 1A has occurred in relation to
the land (“a trigger event”).

(2) Where the right under section 15(1) has ceased to apply because of the
20occurrence of a trigger event, it becomes exercisable again only if an
event specified in the corresponding entry in the second column of the
Table occurs in relation to the land (“a terminating event”).

(3) The Secretary of State may by order make provision as to when a
trigger or a terminating event is to be treated as having occurred for the
25purposes of this section.

(4) The Secretary of State may by order provide that subsection (1) does not
apply in circumstances specified in the order.

(5) The Secretary of State may by order amend Schedule 1A so as to—

(a) specify additional trigger or terminating events;

(b) 30amend or omit any of the trigger or terminating events for the
time being specified in the Schedule.

(6) A trigger or terminating event specified by order under subsection
(5)(a) must be an event related to the development (whether past,
present or future) of the land.

(7) 35For the purposes of determining whether an application under section
15 is made within the period of two years mentioned in section 15(3)(c),
any period during which an application to register land as a town or
village green may not be made by virtue of this section is to be
disregarded.”

(2) 40Schedule 4 (which inserts the new Schedule 1A to the Commons Act 2006) has
effect.

(3) For the purposes of the application of section 15C of the Commons Act 2006 (as
inserted by subsection (1) above), it does not matter whether an event specified
in the first column of Schedule 1A to that Act occurred before or on or after the
45commencement of this section.

(4) The amendment made by subsection (1) does not apply in relation to an
application under section 15(1) of the Commons Act 2006 which is sent before
the day on which this section comes into force.

14 Applications to amend registers: modification of power to provide for fees

5In section 24 of the Commons Act 2006 (regulations about making and
determination of Part 1 applications)—

(a) omit subsection (2)(d) (provision for England and Wales in the same
terms as the provision for Wales made by the new subsection (2B)), and

(b) after subsection (2) insert—

“(2A) 10Regulations under subsection (1) made by the Secretary of State may
make provision as to the fees payable in relation to an application
(including provision for a fee payable under the regulations to
be determined by the person to whom the application is made
or (if different) the person by whom the application is to be
15determined).

(2B) Regulations under subsection (1) made by the Welsh Ministers
may make provision as to the fee payable on an application
(which may be a fee determined by the person to whom the
application is made).”

20Other infrastructure provisions

15 Power stations: repeal of requirements to give notice

(1) In the Energy Act 1976—

(a) section 14 (fuelling of new and converted power stations: requirement
to give notice to Secretary of State) is omitted, and

(b) 25in section 19 (penalties), in subsection (2)—

(i) omit paragraph (b) (including the “or” following it), and

(ii) in paragraph (c), omit “, 7 or 14(3)”.

(2) In Schedule 16 to the Electricity Act 1989, paragraph 22 (which amends the
provision repealed by subsection (1)(a)) is omitted.

(3) 30In the Planning Act 2008—

(a) in section 33 (effect of requirement for development consent on other
consent regimes), in subsection (1), omit paragraph (e), and

(b) in Schedule 2, paragraph 15 (which amends the provision repealed by
subsection (1)(a)) is omitted.

16 35Conditions of licences under Gas Act 1986: payments to other licence-holders

In section 7B of the Gas Act 1986 (general provisions about licences under
section 7 for gas transporters, under section 7ZA for gas interconnectors, and
under section 7A for gas suppliers and gas shippers) in subsection (5)(b)(ii) (gas
transporter’s licence may require payments to be made to holder of licence under
40section 7A) omit “under section 7A above”.

17 Variation of consents under Electricity Act 1989

(1) The Electricity Act 1989 is amended as follows.

(2) After section 36B insert—

“36C Variation of consents under section 36

(1) 5The person for the time being entitled to the benefit of a section 36
consent may make an application to the appropriate authority for the
consent to be varied.

(2) Regulations may make provision about the variation of a section 36
consent, including in particular provision about—

(a) 10the making and withdrawal of applications;

(b) fees;

(c) publicity and consultation requirements;

(d) rights to make representations;

(e) public inquiries;

(f) 15consideration of applications.

(3) Regulations under subsection (2) may provide for any statutory
provision applicable to the grant of a section 36 consent to apply with
specified modifications to the variation of a section 36 consent.

(4) On an application for a section 36 consent to be varied, the appropriate
20authority may make such variations to the consent as appear to the
authority to be appropriate, having regard (in particular) to—

(a) the applicant’s reasons for seeking the variation;

(b) the variations proposed;

(c) any objections made to the proposed variations, the views of
25consultees and the outcome of any public inquiry.

(5) Regulations may make provision treating, for prescribed purposes—

(a) an application for variation of a section 36 consent as made
when the application for the original consent was made;

(b) a section 36 consent varied under this section as granted in its
30varied form when the original consent was granted (rather than
when the variation was made).

(6) In this section—

• “the appropriate authority” means—

  (a)

  the Scottish Ministers, in a case where the section 36
  35consent relates to a generating station (or proposed
  generating station) in Scotland;

  (b)

  the Marine Management Organisation, in a case where
  the section 36 consent was granted by it;

  (c)

  the Secretary of State, in any other case;

• 40“regulations” means regulations made by—

  (a)

  the Scottish Ministers, in the case of section 36 consents
  relating to generating stations (or proposed generating
  stations) in Scotland;

  (b)

  the Secretary of State, in any other case;

• 45“Scotland” has the same meaning as in section 32(2) (see section
  32(3));

Growth and Infrastructure BillPage 19

• “section 36 consent” means a consent granted under section 36
  (construction, extension or operation of generating station),
  whenever granted;

• “statutory provision” means a provision of or made under an Act,
  5whenever passed or made; and for this purpose “Act” includes
  an Act of the Scottish Parliament.”

(3) In section 37 (consent required for overhead lines), after subsection (3) insert—

“(3A) The Secretary of State may by regulations make provision treating, for
prescribed purposes, an application for the variation under subsection
10(3)(b) of a consent under this section as made when the application for
the original consent was made.”

(4) In section 106 (regulations and orders)—

(a) after subsection (1) insert—

“(1ZA) Subsection (1) does not apply to the power conferred on the
15Scottish Ministers by section 36C.”;

(b) after subsection (2) insert—

“(3) Regulations made by the Scottish Ministers under section 36C
are subject to the negative procedure.”

18 Consents under Electricity Act 1989: deemed planning permission

(1) 20Section 90 of the Town and Country Planning Act 1990 (deemed planning
permission: development with government authorisation) is amended as set
out in subsections (2) to (4).

(2) Before subsection (2) insert—

“(1A) On granting or varying a consent under section 36 or 37 of the
25Electricity Act 1989 in relation to a generating station or electric line in
England, the Secretary of State may give a direction for planning
permission to be deemed to be granted, subject to such conditions (if
any) as may be specified in the direction, for—

(a) so much of the operation or change of use to which the consent
30relates as constitutes development;

(b) any development ancillary to the operation or change of use to
which the consent relates.

(1B) On varying a consent under section 36 or 37 of the Electricity Act 1989
in relation to a generating station or electric line in England, the
35Secretary of State may give one or more of the following directions
(instead of, or as well as, a direction under subsection (1A))—

(a) a direction for an existing planning permission deemed to be
granted by virtue of a direction under subsection (1A) or (2)
(whenever made) to be varied as specified in the direction;

(b) 40a direction for any conditions subject to which any such existing
planning permission was deemed to be granted to be varied as
specified in the direction;

(c) a direction for any consent, agreement or approval given in
respect of a condition subject to which any such existing
45planning permission was deemed to be granted to be treated as