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Growth and Infrastructure BillPage 30

the day of issue or allotment, of no less than £2,000 and no more
than £50,000.

(2) An employee who is an employee owner does not have—

(a) the right to make an application under section 63D (request to
undertake study or training),

(b) 5the right to make an application under section 80F (request for
flexible working),

(c) the right under section 94 not to be unfairly dismissed, or

(d) the right under section 135 to a redundancy payment.

(3) The following provisions are to be read in the case of an employee who
10is an employee owner as if for “8 weeks’ notice”, in each place it
appears, there were substituted “16 weeks’ notice”—

(a) regulation 11 of the Maternity and Parental Leave etc.
Regulations (S.I. 1999/3312) (requirement for employee to
notify employer of intention to return to work during
15additional maternity leave period), and

(b) regulation 25 of the Paternity and Adoption Leave Regulations
2002 (S.I. 2002/2788) (corresponding provision for additional
adoption leave).

(4) The reference in subsection (2)(c) to unfair dismissal does not include a
20reference to a dismissal—

(a) which is required to be regarded as unfair for the purposes of
Part 10 by a provision (whenever made) contained in or made
under this or any other Act, or

(b) which amounts to a contravention of the Equality Act 2010.

(5) 25The reference in subsection (2)(c) to the right not to be unfairly
dismissed does not include a reference to that right in a case where
section 108(2) (health and safety cases) applies.

(6) In this section, “company” means a company (as defined by the
Companies Act 2006) limited by shares (but not does not include a
30community interest company).

General provisions

24 Orders

(1) Any power of the Secretary of State to make an order under this Act—

(a) is exercisable by statutory instrument, and

(b) 35includes—

(i) power to make different provision for different purposes, and

(ii) power to make incidental, supplementary, consequential,
transitional or transitory provision or savings.

(2) The Secretary of State may not make an order to which subsection (3) applies
40unless a draft of the statutory instrument containing the order (whether alone
or with other provisions) has been laid before, and approved by a resolution of,
each House of Parliament.

(3) This subsection applies to—

(a) an order under section 5(4);

Growth and Infrastructure BillPage 31

(b) an order under section 25 which amends or repeals any provision of an
Act of Parliament, an Act of the Scottish Parliament or an Act or
Measure of the National Assembly for Wales.

(4) A statutory instrument that—

(a) 5contains an order made by the Secretary of State under this Act, and

(b) is not subject to any requirement that a draft of the instrument be laid
before, and approved by a resolution of, each House of Parliament,

is subject to annulment in pursuance of a resolution of either House of
Parliament.

(5) 10Subsections (1)(b) and (4) do not apply to an order under section 27.

25 Consequential amendments

(1) The Secretary of State may by order make such provision as the Secretary of
State considers appropriate in consequence of this Act.

(2) The power to make an order under this section may, in particular, be exercised
15by amending, repealing, revoking or otherwise modifying any provision made
by or under an enactment.

(3) In this section “enactment” means an enactment whenever passed or made,
and includes an Act of the Scottish Parliament or an Act or Measure of the
National Assembly for Wales.

26 20Financial provisions

There is to be paid out of money provided by Parliament any increase attributable to
this Act in the sums payable under any other Act out of money so provided
.

27 Commencement

(1) Subject as follows, this Act comes into force on such day as the Secretary of
25State may by order appoint; and different days may be appointed for different
purposes.

(2) Sections 5, 24 and 25, this section and section 28, and Schedule 2, come into
force on the day on which this Act is passed.

(3) Sections 9, 10, 13, 14, 15, 16 and 22, and Schedule 4, come into force at the end
30of two months beginning with the day on which this Act is passed.

(4) Section 18(5) to (7) come into force on such day as the Scottish Ministers may
by order appoint; and different days may be appointed for different purposes.

(5) The Scottish Ministers may by order make such transitional, transitory or
saving provision as the Scottish Ministers consider appropriate in connection
35with the coming into force of section 18(5) to (7).

(6) The Secretary of State may by order make such transitional, transitory or
saving provision as the Secretary of State considers appropriate in connection
with the coming into force of any other provision of this Act.

(7) Power to make an order under subsection (5) or (6) includes power to make
40different provision for different purposes.

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28 Short title and extent

(1) This Act may be cited as the Growth and Infrastructure Act 2013.

(2) Subject as follows, this Act extends to England and Wales only.

(3) Sections 7(8) and 24 to 27, and this section, extend also to Scotland and
5Northern Ireland.

(4) Any amendment or repeal made by this Act has the same extent as the
provision to which it relates, subject to subsection (5).

(5) Section 20(1) to (6) and (8) extend to England and Wales, and Scotland, only.

(6) The power under section 411(6) of the Communications Act 2003 may be
10exercised so as to extend the amendment made by section 7(1) to any of the
Channel Islands or the Isle of Man.

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SCHEDULES

Section 1

SCHEDULE 1 Planning applications made to Secretary of State: further amendments

Town and Country Planning Act 1990 (c. 8)Town and Country Planning Act 1990 (c. 8)

1 5The Town and Country Planning Act 1990 is amended as follows.

2 (1) In section 2A (Mayor of London: applications of strategic importance) after
subsection (1A) insert—

(1B) Where this section applies to an application for planning permission
made to the Secretary of State under section 62A, the Mayor of
10London may direct—

(a) that the application is to be treated as having been made to
the local planning authority (and not to the Secretary of State
under section 62A), and

(b) that the Mayor of London is to be the local planning authority
15for the purposes of determining the application.

(2) In consequence—

(a) in section 2A(2) after “(1)” insert “or (1B)”,

(b) in section 2B(8)(a) after “2A(1)” insert “or (1B)”, and

(c) in section 2C(1) after “to whom the original application was made”
20insert “or to whom the original application would have been made
had it not been made to the Secretary of State under section 62A”.

3 In section 58(1)(b) (planning permission may be granted on application to
local planning authority) after “on application to the authority” insert “(or,
in the cases provided in this Part, on application to the Secretary of State)”.

4 25In section 59(2)(b) (development order may provide for planning permission
to be granted on application to local planning authority) after “on
application to the authority” insert “(or, in the cases provided in the
following provisions, on application to the Secretary of State)”.

5 After section 76B insert—

76C 30Provisions applying to applications made under section 62A

(1) Sections 62(3) and (4), 65(5), 70 to 70C, 72(1) and (5) and 73A apply,
with any necessary modifications, to an application for planning
permission made to the Secretary of State under section 62A as they
apply to an application for planning permission which is to be
35determined by the local planning authority.

(2) Any requirements imposed by a development order by virtue of
section 62, 65 or 71 may be applied by a development order, with or

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without modifications, to an application for planning permission
made to the Secretary of State under section 62A.

(3) Where an application is made to the Secretary of State under section
62A(3) instead of to the authority to whom it would otherwise have
been made, a development order may apply, with or without
5modifications, to the application any enactment that relates to
applications of that kind when made to that authority.

76D Deciding applications made under section 62A

(1) An application made to the Secretary of State under section 62A (“a
direct application”) is to be determined by a person appointed by the
10Secretary of State for the purpose instead of by the Secretary of State,
subject to section 76E.

(2) Where a person has been appointed under subsection (1) or this
subsection to determine a direct application then, at any time before
the person has determined the application, the Secretary of State
15may—

(a) revoke the person’s appointment; and

(b) appoint another person to determine the application instead.

(3) A person appointed under this section to determine an application
for planning permission made to the Secretary of State under section
2062A has the same powers and duties that the Secretary of State has
under section 76C.

(4) Where a direct application is determined by a person appointed
under this section, the person’s decision is to be treated as that of the
Secretary of State.

(5) 25Except as provided by Part 12, the validity of that decision is not to
be questioned in any proceedings whatsoever.

(6) It is not a ground of application to the High Court under section 288
that a direct application ought to have been determined by the
Secretary of State and not by a person appointed under this section
30unless the applicant challenges the person’s power to determine the
direct application before the person’s decision on the direct
application is given.

(7) Where any enactment (other than this section and section 319A)—

(a) refers (or is to be read as referring) to the Secretary of State in
35a context relating to or capable of relating to an application
made under section 62A (otherwise than by referring to the
application having been made to the Secretary of State), or

(b) refers (or is to be read as referring) to anything (other than the
making of the application) done or authorised or required to
40be done by, to or before the Secretary of State in connection
with any such application,

then, so far as the context permits, the enactment is to be read, in
relation to an application determined or to be determined by a
person appointed under this section, as if the reference to the
45Secretary of State were or included a reference to that person.

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76E Applications under section 62A: determination by Secretary of State

(1) The Secretary of State may direct that an application made to the
Secretary of State under section 62A (“a direct application”) is to be
determined by the Secretary of State instead of by a person
5appointed under section 76D.

(2) Where a direction is given under subsection (1), the Secretary of State
must serve a copy of the direction on—

(a) the person, if any, appointed under section 76D to determine
the application concerned,

(b) 10the applicant, and

(c) the local planning authority.

(3) Where a direct application is to be determined by the Secretary of
State in consequence of a direction under subsection (1)—

(a) in determining the application, the Secretary of State may
15take into account any report made to the Secretary of State by
any person previously appointed to determine the
application, and

(b) subject to that, the provisions of the planning Acts which are
relevant to the application apply to it as if section 76D had
20never applied to it.

(4) The Secretary of State may by a further direction revoke a direction
under subsection (1) at any time before the determination of the
direct application concerned.

(5) Where a direction is given under subsection (4), the Secretary of State
25must serve a copy of the direction on—

(a) the person, if any, previously appointed under section 76D to
determine the application concerned,

(b) the applicant, and

(c) the local planning authority.

(6) 30Where a direction is given under subsection (4) in relation to a direct
application—

(a) anything done by or on behalf of the Secretary of State in
connection with the application which might have been done
by a person appointed under section 76D to determine the
35application is, unless the person appointed under section 76D
to determine the application directs otherwise, to be treated
as having been done by that person, and

(b) subject to that, section 76D applies to the application as if no
direction under subsection (1) had been given in relation to
40the application.

6 In section 70A(2) (power to decline to determine planning application where
Secretary of State has refused similar application in previous two years) after
“has refused a similar application” insert “made to the Secretary of State
under section 62A or”.

7 45In section 70B(3) (power to decline to determine planning application where
Secretary of State currently considering similar application) after “in
pursuance of section” insert “62A,”.

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8 In section 78(2) (right to appeal where local planning authority has taken
none of the listed steps in relation to an application) after “made such an
application” insert “to the local planning authority”.

9 In section 284(3) (actions which may be questioned in legal proceedings only
5so far as provided by Part 12 of the 1990 Act) before paragraph (za) insert—

(ya) any decision on an application made to the Secretary of State
under section 62A;.

10 In section 303 (fees for planning applications etc) as substituted by section
199 of the Planning Act 2008, after subsection (1) insert—

(1A) 10The Secretary of State may by regulations make provision for the payment
of a fee to the Secretary of State in respect of—

(a) any application made to the Secretary of State under section 62A;

(b) the giving of advice about applying under section 62A for any
permission, approval or consent or for anything else for which an
15application may be made under that section.

11 In section 319A(7) (proceedings for which Secretary of State must determine
the procedure) before paragraph (a) insert—

(za) an application made to the Secretary of State under section
62A;.

20Planning and Compulsory Purchase Act 2004 (c. 5)Planning and Compulsory Purchase Act 2004 (c. 5)

12 In section 59(2) of the Planning and Compulsory Purchase Act 2004
(correctable errors: meaning of “inspector”) after “to determine appeals
instead of the Secretary of State” insert “or appointed under section 76D of
the principal Act to determine applications instead of the Secretary of State”.

Section 5

25SCHEDULE 2 Modification or discharge of affordable housing requirements: related
amendments

1 The Town and Country Planning Act 1990 is amended as follows.

2 In section 5(3) (provisions for the purposes of which the Broads Authority is
30the sole district planning authority for the Broads) for “106B” substitute
“106BB”.

3 (1) Section 106 (planning obligations) is amended as follows.

(2) In subsection (1) (which defines “planning obligation” for the purposes of
that section and sections 106A and 106B) for “and 106B” substitute “to 106C”.

(3) 35In subsection (12) (sections 106 to 106B to be subject to regulations for
charging on land of sums payable in connection with planning obligations)
for “and 106B” substitute “to 106BB”.

4 (1) Section 106A (modifications and discharge of planning obligations) is
amended as follows.

(2) 40In subsection (1) (planning obligation to be modified or discharged by
agreement or in accordance with sections 106A and 106B)—

Growth and Infrastructure BillPage 37

(a) after “in accordance with” insert “—(i)”, and

(b) after “section 106B” insert “, or

(ii) sections 106BA and 106BB.

(3) In subsection (8) (effect of determination that planning obligation is to have
5effect subject to modifications), after “determine” insert “under this section”.

5 (1) Section 106B (appeals in relation to applications under section 106A) is
amended as follows.

(2) In the heading, after “Appeals” insert “in relation to applications under
section 106A”.

(3) 10In subsection (1)(b) (application of section) after “determine” insert “under
section 106A”.

6 (1) Section 106C (legal challenges relating to development consent obligations)
is amended as follows.

(2) In subsection (1) (challenges to Secretary of State’s failure to give notice
15under section 106A(7)), after “106A(7)” in both places insert “or 106BA(9)”.

(3) In subsection (2) (challenges to Secretary of State’s determination that
planning obligation is to continue to have effect without modification), in
paragraph (b), after “106A(7)” insert “or 106BA(9)”.

(4) After subsection (2) insert—

(3) 20A court may entertain proceedings for questioning a determination
by the Secretary of State on an application under section 106BA that
a planning obligation shall be modified otherwise than in accordance
with the application only if—

(a) the proceedings are brought by a claim for judicial review,
25and

(b) the claim form is filed during the period of 6 weeks beginning
with the day on which notice of the determination is given
under section 106BA(9).

7 In section 319A (determination by Secretary of State of procedure by which
30certain types of proceedings are to be considered), in subsection (7)
(proceedings to which the section applies), after paragraph (b) insert—

(ba) an appeal under section 106BB (appeals in relation to
applications for modification or discharge of affordable
housing requirements);.

8 (1) 35Schedule 6 (determination of certain appeals by person appointed by
Secretary of State) is amended as follows.

(2) In paragraph 1(1) (power of Secretary of State to prescribe classes of appeals
under specified provisions to be determined by person appointed), after
“106B,” insert “106BB,”.

(3) 40In paragraph 2(1)(aa) (person appointed in relation to appeals under section
106B to have the same powers and duties as Secretary of State under that
section), after “106B” insert “or 106BB”.

9 In Part 1 of Schedule 16 (provisions of the Planning Acts to which sections
314 to 319 apply), in the entry for Sections 106 to 106B, for “106B” substitute
45“106BB”.

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Section 8

SCHEDULE 3 Periodic review of mineral planning permissions

1 Schedule 14 to the Environment Act 1995 (periodic review of mineral
planning permissions) is amended as follows.

2 5Before paragraph 1 insert—

Power to carry out periodic reviews

A1 The mineral planning authority for an area in England may, in
accordance with the provisions of this Schedule, cause one or
more periodic reviews to be carried out of the mineral permissions
10relating to a mining site.

3 In paragraph 1 (duty to carry out periodic reviews), after “The mineral
planning authority” insert “for an area in Wales”.

4 In paragraph 2(1) (interpretation), for the definition of “first review date”
substitute—

5 After paragraph 2 insert—

The first review date: mineral planning authorities in England

2A (1) In the application of this Schedule in relation to a mineral planning
25authority for an area in England, “first review date” means the
date set by the authority in accordance with sub-paragraph (2)
below as the first review date for the purposes of the first periodic
review of the mineral permissions relating to a mining site.

(2) That date may not be earlier than the relevant date found under
30paragraph 3 below in relation to the site.

(3) This paragraph is subject to paragraphs 3A and 5 below (power to
specify different relevant date, and postponement of first review
date).

The first review date: mineral planning authorities in Wales

2B (1) 35In the application of this Schedule in relation to a mineral planning
authority for an area in Wales, “first review date” in relation to a
mining site means the relevant date found under paragraph 3
below in relation to the site.

(2) This paragraph is subject to paragraphs 3A and 5 below (power to
40specify different relevant date, and postponement of first review
date).

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6 (1) Paragraph 3 (the first review date) is amended as follows.

(2) Before sub-paragraph (1) insert—

(A1) This paragraph has effect for the purposes of paragraphs 2A and
2B above.

(3) 5For “first review date” in each place substitute “relevant date”.

(4) For the italic heading immediately before that paragraph substitute “The
relevant date for the purposes of a first periodic review”.

7 In paragraph 3A (power to specify a first review date by order), for “first
review date” in each place substitute “relevant date”.

8 (1) 10Paragraph 4 (service of notice of first periodic review) is amended as
follows.

(2) Before sub-paragraph (1) insert—

(A1) This paragraph applies—

(a) where a mineral planning authority for an area in England
15determines that it will carry out a periodic review of the
mineral permissions relating to a mining site, and that
periodic review is the first periodic review of the
permissions relating to that site, and

(b) in relation to the first periodic review by a mineral
20planning authority for an area in Wales of the mineral
permissions relating to a mining site.

(3) In sub-paragraph (1)—

(a) omit “of the mineral permissions relating to a mining site”, and

(b) for “that site” substitute “the site to which the review relates”.

9 (1) 25Paragraph 12 (second and subsequent periodic reviews) is amended as
follows.

(2) Before sub-paragraph (1) insert—

(A1) This paragraph applies—

(a) where a mineral planning authority for an area in England
30determines that it will carry out a periodic review of the
mineral permissions relating to a mining site, and that
periodic review is the second or a subsequent periodic
review of the permissions relating to that site, and

(b) in relation to the second or any subsequent periodic review
35by a mineral planning authority for an area in Wales of the
mineral permissions relating to a mining site.

(A2) In the application of this paragraph in relation to a mineral
planning authority for an area in England “the review date” means
the date set by the authority as the review date for the purposes of
40the periodic review.

(A3) That date may not be earlier than the relevant date found under
sub-paragraph (1) below in relation to the site.

(A4) In the application of this paragraph in relation to a mineral
planning authority for an area in Wales “the review date” means

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