Growth and Infrastructure BillPage 20
given in respect of a condition subject to which a new or varied
planning permission is deemed to be granted.”
(3)
In subsection (2), after “1989” insert “in relation to a generating station or
electric line in Wales”.
(4) For subsection (5) substitute—
“(5)
5In subsections (1A) and (2), the references to ancillary development, in
the case of a consent relating to the extension of a generating station, do
not include any development which is not directly related to the
generation of electricity by that station.
(6) In this section, references to England include—
(a)
10waters adjacent to England up to the seaward limits of the
territorial sea, and
(b)
a Renewable Energy Zone, except any part of a Renewable
Energy Zone in relation to which the Scottish Ministers have
functions.
(7)
15In this section “electric line”, “extension”, “generating station” and
“Renewable Energy Zone” have the same meanings as in Part 1 of the
Electricity Act 1989.”
(5)
Section 57 of the Town and Country Planning (Scotland) Act 1997 (deemed
planning permission: development with government authorisation) is
20amended as set out in subsections (6) and (7).
(6) For subsection (2) substitute—
“(2)
On granting or varying a consent under section 36 or 37 of the
Electricity Act 1989, the Scottish Ministers may give a direction for
planning permission to be deemed to be granted, subject to such
25conditions (if any) as may be specified in the direction, for—
(a)
so much of the operation or change of use to which the consent
relates as constitutes development;
(b)
any development ancillary to the operation or change of use to
which the consent relates.
(2ZA)
30On varying a consent under section 36 or 37 of the Electricity Act 1989,
the Scottish Ministers may give one or more of the following directions
(instead of, or as well as, a direction under subsection (2))—
(a)
a direction for an existing planning permission deemed to be
granted by virtue of a direction under subsection (2) (whenever
35made) to be varied as specified in the direction;
(b)
a 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
40respect of a condition subject to which any such existing
planning permission was deemed to be granted to be treated as
given in respect of a condition subject to which a new or varied
planning permission is deemed to be granted.”
(7)
In subsection (5), for “In subsection (2) “ancillary development”, in relation to
45development consisting of” substitute “In subsection (2)(b), the reference to
ancillary development, in the case of a consent relating to”.
Growth and Infrastructure BillPage 21
(1)
Sections 128 and 129 of the Planning Act 2008 (special parliamentary procedure
applies to certain orders granting development consent which authorise
compulsory acquisition of land belonging to a local authority or statutory
5undertaker) are repealed.
(2)
In section 131 of the Planning Act 2008 (special parliamentary procedure
applies to certain orders granting development consent which authorise
compulsory acquisition of land forming part of a common, open space, fuel
allotment or field garden allotment)—
(a)
10in subsection (3)(a) (special parliamentary procedure does not apply if
Secretary of State certifies that subsection (4) or (5) applies) for
“subsection (4) or” substitute “one of subsections (4) to”, and
(b) after subsection (4) insert—
“(4A) This subsection applies if—
(a) 15the order land is, or forms part of, an open space,
(b)
none of the order land is of any of the other descriptions
in subsection (1),
(c) either—
(i)
there is no suitable land available to be given in
20exchange for the order land, or
(ii)
any suitable land available to be given in
exchange is available only at prohibitive cost,
and
(d)
it is strongly in the public interest for the development
25for which the order grants consent to be capable of being
begun sooner than is likely to be possible if the order
were to be subject (to any extent) to special
parliamentary procedure.
(4B) This subsection applies if—
(a) 30the order land is, or forms part of, an open space,
(b)
none of the order land is of any of the other descriptions
in subsection (1), and
(c)
the order land is being acquired for a temporary
(although possibly long-lived) purpose.”
(3)
35In section 132 of the Planning Act 2008 (special parliamentary procedure
applies to certain orders granting development consent which authorise
compulsory acquisition of rights over land forming part of a common, open
space, fuel allotment or field garden allotment, but does not apply if one of
subsections (3) to (5) is certified as applying) after subsection (4) insert—
“(4A) 40This subsection applies if—
(a) the order land is, or forms part of, an open space,
(b)
none of the order land is of any of the other descriptions in
subsection (1),
(c) either—
(i)
45there is no suitable land available to be given in
exchange for the order right, or
(ii)
any suitable land available to be given in exchange is
available only at prohibitive cost, and
Growth and Infrastructure BillPage 22
(d)
it is strongly in the public interest for the development for
which the order grants consent to be capable of being begun
sooner than is likely to be possible if the order were to be subject
(to any extent) to special parliamentary procedure.
(4B) 5This subsection applies if—
(a) the order land is, or forms part of, an open space,
(b)
none of the order land is of any of the other descriptions in
subsection (1), and
(c)
the order right is being acquired for a temporary (although
10possibly long-lived) purpose.”
(4) In consequence of subsection (1) the following are repealed—
(a)
paragraphs 12 and 13 of Schedule 12 to the Planning Act 2008
(application of sections 128 and 129 to Scotland),
(b)
section 141(2) of the Localism Act 2011 (which amended section 128),
15and
(c) paragraph 60 of Schedule 22 to that Act (which amended section 129).
(5)
To ensure that section 130 of the Planning Act 2008 (special parliamentary
procedure where order granting development consent authorises acquisition
of inalienable National Trust land despite Trust’s objections) applies to the
20exclusion of sections 131 and 132 of that Act in the case of acquisition of
common land or open space etc held inalienably by the Trust—
(a)
in section 131(2) of that Act (section 131 does not apply if section 132
applies) before “132” insert “130 or”, and
(b) in section 132 after subsection (1) insert—
“(1A)
25This section does not apply in a case to which section 130
applies.”
(6)
An amendment or repeal made by this section applies in relation to any order
granting development consent which is made after the amendment or repeal
comes into force.
(1) The Statutory Orders (Special Procedure) Act 1945 is amended as follows.
(2)
In section 1(1) (Act applies where subsequent Act requires an order to be
subject to parliamentary procedure) after “provision is made requiring that
any such order shall be subject to special parliamentary procedure” insert “or
35requiring that any such order shall be subject to special parliamentary
procedure to a limited extent”.
(3) In section 1 after subsection (2) insert—
“(3) In this Act “special-acquisition provision” means—
(a)
section 130, 131 or 132 of the Planning Act 2008 (certain orders
40granting development consent which also authorise
compulsory acquisition of, or of rights over, inalienable
National Trust land or land forming part of a common, open
space or fuel or field garden allotment), or
(b)
section 17, 18 or 19 of, or paragraph 4, 5 or 6 of Schedule 3 to, the
45Acquisition of Land Act 1981 (certain compulsory purchase
orders which authorise compulsory acquisition of, or of rights
Growth and Infrastructure BillPage 23
over, land of a local authority or statutory undertaker,
inalienable National Trust land, or land forming part of a
common, open space or fuel or field garden allotment).”
(4) After section 1 insert—
(1)
Where under a special-acquisition provision an order is subject to
special parliamentary procedure so far as the order authorises
compulsory acquisition of, or of a right over, land to which that
provision applies, sections 3 to 7 of this Act apply in relation to the
10order with the modifications specified in subsections (3) to (18).
(2)
Where those sections apply with those modifications in relation to an
order, in subsections (3) to (18) “the special authorisation” means the
order so far as it authorises compulsory acquisition of, or of a right
over, land to which the particular special-acquisition provision applies.
(3)
15In section 3(1) the reference to a petition duly presented against the
order is to be read as a reference to a petition duly presented against the
special authorisation.
(4) In section 3(2)—
(a)
the reference to petitions against an order to which this Act
20applies is to be read as a reference to petitions against the
special authorisation, and
(b)
in paragraphs (a) and (b) a reference to the order is to be read as
a reference to the special authorisation.
(5)
In section 3(4) a reference to the order is to be read as a reference to the
25special authorisation.
(6) In section 3(5)—
(a)
the reference to every order to which this Act applies is to be
read as a reference to the special authorisation, and
(b)
the reference to every such report is to be read as a reference to
30the report of the Chairmen in respect of the special
authorisation.
(7) In section 4(1)—
(a)
the reference to any order to which this Act applies is to be read
as a reference to the special authorisation,
(b)
35the reference to resolving that an order be annulled is to be read
as a reference to resolving that the special authorisation be
annulled,
(c)
the reference to an order becoming void is to be read as a
reference to the special authorisation becoming void, and
(d)
40the reference to taking no further proceedings on an order is to
be read as a reference to taking no further proceedings on the
special authorisation.
(8)
In section 4(2) the reference to the order is to be read as a reference to
the special authorisation.
(9) 45In section 4(3)—
Growth and Infrastructure BillPage 24
(a)
the reference to neither House resolving that the order be
annulled is to be read as a reference to neither House resolving
that the special authorisation be annulled, and
(b)
the reference to petitions relating to the order is to be read as a
5reference to petitions relating to the special authorisation.
(10) Section 4 is to be read as if after subsection (3) there were inserted—
“(4)
Where either House resolves during the resolution period that
the special authorisation be annulled, the Minister is to either—
withdraw the order by notice given in the prescribed
10manner, or
cause the order to be submitted to Parliament for further
consideration by means of a Bill for the confirmation of
the order.
(5)
A Bill presented for the purposes of subsection (4)(b) must set
15out the order as laid before Parliament under section 1(2) of this
Act, and any such Bill is to be treated as a public bill, except
that—
where a petition for amendment of the special
authorisation was certified as proper to be received, the
20Bill—
after being read a second time in the House in
which it is presented, is to be referred to a joint
committee of both Houses for the purposes of
the consideration of that petition,
25after it has been reported by the joint committee,
is to be ordered to be considered in the House in
which it is presented as if it had been reported by
a committee of that House, and
when it has been read a third time and passed in
30that House, is to be treated as having passed
through all its stages up to and including
committee in the second House;
where no such petition has been so certified—
the Bill is after its presentation to be treated as
35having passed all its stages up to and including
committee in the House in which it is presented,
the Bill is to be ordered to be considered in that
House as if it had been reported from a
committee of that House, and
40when the Bill has been read a third time and
passed in that House, the like proceedings are to
be taken on the Bill in the second House.”
(11) In section 5(1)—
(a)
the reference to any petition against an order to which this Act
45applies is to be read as a reference to any petition against the
special authorisation,
(b)
the reference to the order standing referred to a committee is to
be read as a reference to the special authorisation standing
referred to that committee, and
Growth and Infrastructure BillPage 25
(c)
the reference to the committee’s power to report the order is to
be read as a reference to the committee’s power to report the
special authorisation.
(12)
In section 5(2) a reference to the order is to be read as a reference to the
5special authorisation.
(13)
In section 5(3) the reference to any order to which this Act applies is to
be read as a reference to the special authorisation.
(14)
In section 6(1) the reference to an order to which this Act applies being
reported without amendment is to be read as a reference to the special
10authorisation being reported without amendment.
(15)
In section 6(2) the reference to any such order being reported with
amendments is to be read as a reference to the special authorisation
being reported with amendments.
(16)
In section 6(3) the reference to it being reported, with respect to any
15such order, that the order be not approved is to be read as a reference
to it being reported that the special authorisation be not approved.
(17) In section 6(5)—
(a)
the requirement for a Bill to set out the order as referred to the
joint committee is to be read as a requirement for the Bill to set
20out the order as laid under section 1(2) of this Act, and
(b)
in paragraph (a) the reference to a petition for amendment of
the order is to be read as a petition for amendment of the special
authorisation.
(18)
In section 7 a reference to an order to which this Act applies is to be read
25as a reference to the special authorisation.”
(5) After section 9 insert—
(1)
In this section, a reference to a special-acquisition order is to an order
which, under a special-acquisition provision, is subject to special
30parliamentary procedure so far as it authorises compulsory acquisition
of, or of a right over, land to which that provision applies.
(2)
A reference in section 9(a) or (d) of this Act to an order to which this Act
applies is, in the case of a special-acquisition order, to be read as a
reference to that order so far as it authorises compulsory acquisition of,
35or of a right over, land to which the particular special-acquisition
provision applies.
(3)
The reference in section 9(f) of this Act to any order is, in the case of a
special-acquisition order, to be read as a reference to that order so far as
it authorises compulsory acquisition of, or of a right over, land to which
40the particular special-acquisition provision applies.
(4)
The reference in section 9(g) of this Act to section 6 of this Act is to be
read as a reference to section 4 or 6 of this Act.
(5)
Where Standing Orders of either House of Parliament make provision
that relates to orders to which this Act applies and is for a purpose
45mentioned in section 9 then, unless the Standing Orders provide
Growth and Infrastructure BillPage 26
otherwise, the provision applies in relation to a special-acquisition
order only so far as the order authorises compulsory acquisition of, or
of a right over, land to which the particular special-acquisition
provision applies.”
(6) In section 11(1) (interpretation) after the definition of “Prescribed” insert—
5““Special-acquisition provision” has the meaning given by section
1(3) of this Act;”.
(7) In the Acquisition of Land Act 1981—
(a)
in sections 17(2) and 18(2) (certain compulsory purchase orders subject
to special parliamentary procedure so far as authorising acquisition of
10special land if owner objects to the order) for “the order” substitute “the
compulsory purchase of the land”, and
(b)
in section 27 (if compulsory purchase order is confirmed by Act under
section 6 of the 1945 Act, its validity and date of operation are not
governed by Part 4 of the 1981 Act) before “6” insert “4 or”.
(8)
15An amendment made by subsection (4) or (5) applies in relation to any order
granting development consent which is made, and any compulsory purchase
order which is made or confirmed, after the amendment comes into force.
(1) The Planning Act 2008 is amended as follows.
(2) 20For section 35 substitute—
(1)
The Secretary of State may give a direction for development to be
treated as development for which development consent is required.
This is subject to the following provisions of this section and section
2535ZA.
This is subject to the following provisions of this section and section
35ZA.
(2)
The Secretary of State may give a direction under subsection (1) only
if—
(a) 30the development is or forms part of—
(i)
a project (or proposed project) in the field of energy,
transport, water, waste water or waste, or
(ii)
a business or commercial project (or proposed project)
of a prescribed description,
(b)
35the development will (when completed) be wholly in one or
more of the areas specified in subsection (3), and
(c)
the Secretary of State thinks the project (or proposed project) is
of national significance, either by itself or when considered
with—
(i)
40in a case within paragraph (a)(i), one or more other
projects (or proposed projects) in the same field;
(ii)
in a case within paragraph (a)(ii), one or more other
business or commercial projects (or proposed projects)
of a description prescribed under paragraph (a)(ii).
(3) 45The areas are—
(a)
England or waters adjacent to England up to the seaward limits
of the territorial sea;
Growth and Infrastructure BillPage 27
(b)
in the case of a project for the carrying out of works in the field
of energy, a Renewable Energy Zone, except any part of a
Renewable Energy Zone in relation to which the Scottish
Ministers have functions.
(4)
5The Secretary of State may give a direction under subsection (1) only
with the consent of the Mayor of London, if—
(a)
all or part of the development is or will be in Greater London,
and
(b)
the development is or forms part of a business or commercial
10project (or proposed project) of a description prescribed under
subsection (2)(a)(ii).
(5)
Regulations under subsection (2)(a)(ii) may not prescribe a description
of project which includes the construction of one or more dwellings.
(1)
15The power in section 35(1) to give a direction in a case within section
35(2)(a)(i) (projects in the field of energy etc) is exercisable only in
response to a qualifying request, if no application for a consent or
authorisation mentioned in section 33(1) or (2) has been made in
relation to the development to which the request relates.
(2)
20The power in section 35(1) to give a direction in a case within section
35(2)(a)(ii) (business or commercial projects of prescribed description)
is exercisable only in response to a qualifying request made by one or
more of the following—
(a)
a person who proposes to carry out any of the development to
25which the request relates;
(b)
a person who has applied, or proposes to apply, for a consent or
authorisation mentioned in section 33(1) or (2) in relation to any
of that development;
(c)
a person who, if a direction under section 35(1) is given in
30relation to that development, proposes to apply for an order
granting development consent for any of that development.
(3)
If the Secretary of State gives a direction under section 35(1) in relation
to development, the Secretary of State may—
(a)
if an application for a consent or authorisation mentioned in
35section 33(1) or (2) has been made in relation to the
development, direct the application to be treated as an
application for an order granting development consent;
(b)
if a person proposes to make an application for such a consent
or authorisation in relation to the development, direct the
40proposed application to be treated as a proposed application for
development consent.
(4)
A direction under section 35(1), or subsection (3) of this section, may be
given so as to apply for specified purposes or generally.
(5)
A direction under subsection (3) may provide for specified provisions
45of or made under this or any other Act—
(a)
to have effect in relation to the application, or proposed
application, with any specified modifications, or
Growth and Infrastructure BillPage 28
(b)
to be treated as having been complied with in relation to the
application or proposed application.
(6)
If the Secretary of State gives a direction under subsection (3), the
relevant authority must refer the application, or proposed application,
5to the Secretary of State instead of dealing with it themselves.
(7)
If the Secretary of State is considering whether to give a direction under
subsection (3), the Secretary of State may direct the relevant authority
to take no further action in relation to the application, or proposed
application, until the Secretary of State has decided whether to give the
10direction.
(8)
The Secretary of State may require an authority within subsection (9) to
provide any information required by the Secretary of State for the
purpose of enabling the Secretary of State to decide—
(a) whether to give a direction under section 35(1), and
(b) 15the terms in which such a direction should be given.
(9)
An authority is within this subsection if an application for a consent or
authorisation mentioned in section 33(1) or (2) in relation to the
development has been, or may be, made to it.
(10)
If the Secretary of State decides to give a direction under section 35(1),
20the Secretary of State must give reasons for the decision.
(11) In this section—
“qualifying request” means a written request, for a direction under
section 35(1) or subsection (3) of this section, that—
specifies the development to which it relates, and
25explains why the conditions in section 35(2)(a) and (b)
are met in relation to the development;
“relevant authority”—
in relation to an application for a consent or
authorisation mentioned in section 33(1) or (2) that has
30been made, means the authority to which the
application was made, and
in relation to such an application that a person proposes
to make, means the authority to which the person
proposes to make the application.”
(3)
35In section 35A (timetable for deciding request for direction under section 35),
in subsection (5), in the definition of “qualifying request”, for “35(10)”
substitute “35ZA(11)”;
(4) In section 232 (orders and regulations)—
(a)
in subsection (5)(e) (regulations not subject to negative procedure),
40after “section” insert “35(2)(a)(ii),”;
(b)
in subsection (7) (regulations subject to affirmative procedure), after
“section” insert “35(2)(a)(ii),”.
Growth and Infrastructure BillPage 29
(1)
Section 41 of the Local Government Finance Act 1988 (local rating lists) is
amended in accordance with subsections (2) to (5).
(2)
5In subsection (2) (list to be compiled on 1 April 1990 and every five years
thereafter), at the end insert “, subject to subsection (2A).”
(3) After that subsection insert—
“(2A) In the case of a billing authority in England—
(a)
subsection (2) does not require a list to be compiled on 1 April 2015
10and on 1 April in every fifth year afterwards, and
(b)
a list must instead be compiled on 1 April 2017 and on 1 April in every
fifth year afterwards.”
(4)
In subsection (3) (list to remain in force until the next one is compiled five years
later) omit “five years later”.
(5)
15In subsection (7) (expiry of five year period not to detract from duty to
maintain list) omit “five year”.
(6)
Section 52 of the Local Government Finance Act 1988 (central rating lists) is
amended in accordance with subsections (7) to (10).
(7)
In subsection (2) (list to be compiled on 1 April 1990 and every five years
20thereafter), at the end insert “subject to subsection (2A).”
(8) After that subsection insert—
“(2A) In the application of this section to England—
(a)
subsection (2) does not require a list to be compiled on 1 April 2015
and on 1 April in every fifth year afterwards, and
(b)
25a list must instead be compiled on 1 April 2017 and on 1 April in every
fifth year afterwards.”
(9)
In subsection (3) (list to remain in force until the next one is compiled five years
later) omit “five years later”.
(10)
In subsection (7) (expiry of five year period not to detract from duty to
30maintain list) omit “five year”.
After section 205 of the Employment Rights Act 1996 insert—
(1)
35An individual who is or becomes an employee of a company is an
“employee owner” if—
(a)
the company and the individual agree that the individual is to
be an employee owner, and
(b)
in consideration of that agreement, the company issues or allots
40to the individual shares in the company which have a value, on