13157.5-8

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Lords Amendments to the Growth and Infrastructure Bill

5

Clause 8
15
Page 10, line 32, leave out subsections (2) to (8) and insert—

“( )
In section 109 of the Communications Act 2003 (regulations specifying the

restrictions and conditions subject to which the electronic communications

code is to apply) after subsection (2) insert—

“(2A)
Subsection (2B) applies if—

(a)
the Secretary of State has complied with subsection (2)(b) in

connection with any particular exercise before 6 April 2018

of the power to make regulations under this section, and

(b)
the regulations in question are expressed to cease to have

effect (other than for transitional purposes) before that date.

(2B)
The Secretary of State is to be treated as also having complied with

any duty imposed in connection with that exercise of that power by

any of the following—

section 11A(2) of the National Parks and Access to the

Countryside Act 1949;

section 85(1) of the Countryside and Rights of Way Act 2000;

section 17A(1) of the Norfolk and Suffolk Broads Act 1988;

section 14 of the National Parks (Scotland) Act 2000 (asp 10);

Article 4(1) of the Nature Conservation and Amenity Lands

(Northern Ireland) Order 1985 (S.I. 1985/170 (N.I. 1)).”

( )
For the purposes of its application to section 17A of the Norfolk and Suffolk

Broads Act 1988, the definition of “statutory undertaker” in section 25(1) of

that Act is until 6 April 2018 to be read as if paragraph (d) were omitted.”
After Clause 12
16
Insert the following new Clause—

“Registration of town or village green: reduction of section 15(3)(c) period

(1)
Section 15 of the Commons Act 2006 (registration of greens) is amended as

follows.

(2)
In subsection (3), in paragraph (c), for the words from “the period” to the

end of the paragraph substitute “the relevant period”.

(3)
After that subsection insert—

“(3A)
In subsection (3), “the relevant period” means—

(a)
in the case of an application relating to land in England, the

period of one year beginning with the cessation mentioned

in subsection (3)(b);

(b)
in the case of an application relating to land in Wales, the

period of two years beginning with that cessation.””
Clause 14
17
Page 17, line 13, leave out “of two years”
18
Page 17, line 18, at end insert—

“( )
In that Act of 2006, in section 59 (orders and regulations)—

6

(a)
after subsection (3) insert—

“(3A)
A statutory instrument containing an order under section

15C(5) may not be made unless a draft has been laid before

and approved by a resolution of each House of Parliament.”,

and

(b)
in subsection (4), after “subsection (3)” insert “or (3A)”.”
Clause 20
19
Page 21, line 27, leave out from beginning to end of line 39 and insert—

“(3)
If the original consent, or a section 33 consent that replaces it, is

varied or replaced, section 31 does not apply to the development to

which the consent as varied, or the replacement consent, relates

(and so development consent is not required for that

development).”
Clause 22
20
Page 24, line 26, leave out “To ensure that” and insert “In”
21
Page 24, line 28, leave out from “objections)” to end of line 35 and insert “after

subsection (3) insert—

“(3A)
In a case to which this section applies and to which section 131 or

132 also applies, special parliamentary procedure—

(a)
may be required by subsection (2) whether or not also

required by section 131(3) or 132(2), and

(b)
may be required by section 131(3) or 132(2) whether or not

also required by subsection (2).””
Clause 23
22
Page 29, line 25, leave out from “(5)” to “after” in line 27 and insert “, so far as it

applies to orders granting development consent, applies to any such order made”
After Clause 24
23
Insert the following new Clause—

“Authorisation of road user charging under Planning Act 2008

(1)
Section 144 of the Planning Act 2008 (content of order granting

development consent: highways) is amended as follows.

(2)
After subsection (2) insert—

“(2A)
Subsection (2) does not apply to an order that includes provision

authorising other charges in respect of the use or keeping of motor

vehicles on roads.

(2B)
In subsection (2A)—

“motor vehicle” has the meaning given in section 185(1) of the

Road Traffic Act 1988, except that section 189 of that Act

(exceptions: certain pedestrian controlled vehicles and

7

electrically assisted pedal cycles) applies as it applies for the

purposes of the Road Traffic Acts;

“road” has the meaning given in section 142(1) of the Road

Traffic Regulation Act 1984.”

(3)
Omit subsection (3).”
24
Insert the following new Clause—

“Delegation of planning functions by Mayor of London

(1)
In section 38 of the Greater London Authority Act 1999 (delegation) after

subsection (2A) insert—

“(2B)
In relation to a function listed in subsection (2C), subsection (2) has

effect—

(a)
as if paragraph (b) referred only to members of staff

appointed under section 67(1), and

(b)
with the omission of paragraphs (c) to (f).

(2C)
The functions referred to in subsection (2B) are—

(a)
the function of giving a direction under section 2A(1) or (1B)

of the Town and Country Planning Act 1990 (call-in of

planning applications by the Mayor), and

(b)
the function of determining an application by virtue of

section 2A or 2B of that Act.”

(2)
In consequence of subsection (1), omit section 2B(8) of the Town and

Country Planning Act 1990 (which disapplies section 38(1) of the 1999 Act

in relation to functions under sections 2A and 2B of the 1990 Act).”
Clause 27
25
Leave out Clause 27
Clause 28
26
Page 36, line 19, leave out “6(4)” and insert “6(5)”
27
Page 36, line 28, at end insert—

“( )
Subsection (4) does not apply to an order under section 6(6).”
Clause 31
28
Page 37, line 9, at beginning insert “Section 1(1) so far as it inserts the new section

62B,”
29
Page 37, line 9, after “8,” insert “14,”
30
Page 37, line 9, leave out “Schedule 2” and insert “Schedules 2 and 4”
31
Page 37, line 11, leave out “14,”
32
Page 37, line 11, leave out “, and Schedule 4,”

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Schedule 1
33
Page 38, line 18, leave out from beginning to “and”
34
Page 38, line 37, after “71” insert “or paragraph 8(6) of Schedule 1”
Schedule 2
35
Page 43, line 11, leave out “that sub-paragraph” and insert “sub-paragraph (2)”
36
Page 43, line 12, leave out “(1A)” and insert “(2A)”
Schedule 4
37
Page 47, line 38, column 1, leave out “draft of” and insert “proposal for”
38
Page 47, line 38, column 2, leave out “document” and insert “proposal”
39
Page 47, line 41, column 1, after “published” insert “by a local planning authority”
40
Page 47, line 43, column 1, leave out “section 38A(7)” and insert “paragraph 4(1) of

Schedule 4B to the 1990 Act as it applies by virtue of section 38A(3)”