Growth and Infrastructure BillPage 30
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
which the request relates;
(b)
5a 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
relation to that development, proposes to apply for an order
10granting 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
section 33(1) or (2) has been made in relation to the
15development, 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
proposed application to be treated as a proposed application for
20development 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
of or made under this or any other Act—
(a)
25to have effect in relation to the application, or proposed
application, with any specified modifications, or
(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
30relevant authority must refer the application, or proposed application,
to 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
35application, until the Secretary of State has decided whether to give the
direction.
(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) 40whether to give a direction under section 35(1), and
(b) the 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)
45If the Secretary of State decides to give a direction under section 35(1),
the Secretary of State must give reasons for the decision.
(11) In this section—
Growth and Infrastructure BillPage 31
“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
explains why the conditions in section 35(2)(a) and (b)
5are 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
been made, means the authority to which the
10application 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)
In section 35A (timetable for deciding request for direction under section 35),
15in 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),
after “section” insert “35(2)(a)(ii),”;
(b)
20in subsection (7) (regulations subject to affirmative procedure), after
“section” insert “35(2)(a)(ii),”.
(1)
Section 41 of the Local Government Finance Act 1988 (local rating lists) is
25amended in accordance with subsections (2) to (5).
(2)
In 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)
30subsection (2) does not require a list to be compiled on 1 April
2015 and 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
35later) omit “five years later”.
(5)
In 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)
40In subsection (2) (list to be compiled on 1 April 1990 and every five years
thereafter), at the end insert “subject to subsection (2A).”
(8) After that subsection insert—
“(2A) In the application of this section to England—
Growth and Infrastructure BillPage 32
(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)
a list must instead be compiled on 1 April 2017 and on 1 April
in every fifth year afterwards.”
(9)
5In 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
maintain list) omit “five year”.
(1) 10After section 205 of the Employment Rights Act 1996 insert—
(1)
An individual who is or becomes an employee of a company is an
“employee owner” if—
(a)
15the company and the individual agree that the individual is to
be an employee owner,
(b)
in consideration of that agreement, the company issues or allots
to the individual fully paid up shares in the company, or
procures the issue or allotment to the individual of fully paid up
20shares in its parent undertaking, which have a value, on the day
of issue or allotment, of no less than £2,000, and
(c)
the individual gives no consideration other than by entering
into the agreement.
(2) An employee who is an employee owner does not have—
(a)
25the right to make an application under section 63D (request to
undertake study or training),
(b)
the 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) 30the right under section 135 to a redundancy payment.
(3)
The following provisions are to be read in the case of an employee who
is 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.
35Regulations 1999 (S.I. 1999/3312S.I. 1999/3312) (requirement for employee to
notify employer of intention to return to work during maternity
leave period), and
(b)
regulation 25 of the Paternity and Adoption Leave Regulations
2002 (S.I. 2002/2788S.I. 2002/2788) (corresponding provision for adoption
40leave).
(4)
Regulation 30 of the Additional Paternity Leave Regulations 2010 (S.I.
2010/1055) (requirement for employee to notify employer of intention
to return to work during additional paternity leave period) is to be read
in the case of an employee who is an employee owner as if for “six
Growth and Infrastructure BillPage 33
weeks’ notice”, in each place it appears, there were substituted “16
weeks’ notice.
(5)
The reference in subsection (2)(c) to unfair dismissal does not include a
reference to a dismissal—
(a)
5which 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.
(6)
The reference in subsection (2)(c) to the right not to be unfairly
10dismissed does not include a reference to that right in a case where
section 108(2) (health and safety cases) applies.
(7)
The Secretary of State may by order amend subsection (1) so as to
increase the sum for the time being specified there.
(8) In this section—
15“company” means—
a company or overseas company (within the meaning,
in each case, of the Companies Act 2006) which has a
share capital, or
a European Public Limited-Liability Company (or
20Societas Europaea) within the meaning of Council
Regulation 2157/2001/EC of 8 October 2001 on the
Statute for a European company;
“parent undertaking” has the same meaning as in the Companies
Act 2006.”
(2)
25In section 236(3) of that Act (orders and regulations subject to affirmative
resolution procedure), for “or 125(7)” substitute “, 125(7) or 205A(5A)”.
(1) Any power of the Secretary of State to make an order under this Act—
(a) 30is exercisable by statutory instrument, and
(b) includes—
(i) power to make different provision for different purposes, and
(ii)
power to make incidental, supplementary, consequential,
transitional or transitory provision or savings.
(2)
35The Secretary of State may not make an order to which subsection (3) applies
unless 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) 40an order under section 6(4);
(b)
an order under section 27 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—
Growth and Infrastructure BillPage 34
(a) contains 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
5Parliament.
(5) Subsections (1)(b) and (4) do not apply to an order under section 29.
(1)
The Secretary of State may by order make such provision as the Secretary of
State considers appropriate in consequence of this Act.
(2)
10The power to make an order under this section may, in particular, be exercised
by 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
15National Assembly for Wales.
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.
(1)
Subject as follows, this Act comes into force on such day as the Secretary of
State may by order appoint; and different days may be appointed for different
purposes.
(2)
Sections 4, 6, 26 and 27, this section and section 30, and Schedule 2, come into
25force on the day on which this Act is passed.
(3)
Sections 10, 11, 14, 15, 16, 17 and 24, and Schedule 4, come into force at the end
of two months beginning with the day on which this Act is passed.
(4)
Section 19(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)
30The Scottish Ministers may by order make such transitional, transitory or
saving provision as the Scottish Ministers consider appropriate in connection
with the coming into force of section 19(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
35with 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
different provision for different purposes.
(1) This Act may be cited as the Growth and Infrastructure Act 2013.
Growth and Infrastructure BillPage 35
(2) Subject as follows, this Act extends to England and Wales only.
(3)
Sections 8(8) and 26 to 29, and this section, extend also to Scotland and
Northern Ireland.
(4)
Any amendment or repeal made by this Act has the same extent as the
5provision to which it relates, subject to subsection (5).
(5) Section 22(1) to (6) and (10) extend to England and Wales, and Scotland, only.
(6)
The power under section 411(6) of the Communications Act 2003 may be
exercised so as to extend the amendment made by section 8(1) to any of the
Channel Islands or the Isle of Man.
Growth and Infrastructure BillPage 36
Section 1
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—
(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
Growth and Infrastructure BillPage 37
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
5been made, a development order may apply, with or without
modifications, to the application any enactment that relates to
applications of that kind when made to that authority.
(1)
An application made to the Secretary of State under section 62A (“a
10direct application”) is to be determined by a person appointed by the
Secretary 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
15the person has determined the application, the Secretary of State
may—
(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
20for planning permission made to the Secretary of State under section
62A 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
25Secretary of State.
(5)
Except 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
30Secretary of State and not by a person appointed under this section
unless 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)
35refers (or is to be read as referring) to the Secretary of State in
a 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
40making of the application) done or authorised or required to
be 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
45person appointed under this section, as if the reference to the
Secretary of State were or included a reference to that person.
Growth and Infrastructure BillPage 38
(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,”.
Growth and Infrastructure BillPage 39
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
15any permission, approval or consent or for anything else for
which an application 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
2062A;”.
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
25the principal Act to determine applications instead of the Secretary of State”.
Section 6
1 The Town and Country Planning Act 1990 is amended as follows.
2
30In section 5(3) (provisions for the purposes of which the Broads Authority is
the 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
35that section and sections 106A and 106B) for “and 106B” substitute “to 106C”.
(3)
In 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
40amended as follows.