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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Infrastructure Bill [Lords]
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [16 December 2014]. |
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| | To move the following Clause— |
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| | | “The electronic communications code |
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| | (1) | In the Telecommunications Act 1984 omit Schedule 2 (the telecommunications |
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| | (2) | Before Schedule 4 to the Communications Act 2003 insert the Schedule 3A set |
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| | out in Schedule (The electronic communications code) to this Act. |
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| | (3) | Section 106 of the Communications Act 2003 (application of the electronic |
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| | communications code) is amended as follows. |
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| | (4) | In subsection (1) for “the code set out in Schedule 2 to the Telecommunications |
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| | Act 1984 (c 12).” substitute “the code set out in Schedule 3A.” |
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| | (6) | In subsection (4)(b) for “conduits” substitute “infrastructure” |
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| | (7) | In subsection (5)(c) for “conduit system” in each place substitute “system of |
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| | (8) | In subsection (6) for “16(3)” substitute “82(7)”. |
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| | (10) | Schedule (The electronic communications code: consequential amendments) has |
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| | (11) | The Secretary of State may by regulations make consequential provision in |
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| | connection with any provision made by or under this section or Schedule (The |
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| | electronic communications code) or (The electronic communications code: |
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| | consequential amendments). |
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| | (12) | Regulations under subsection (11) may amend, repeal, revoke or otherwise |
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| | modify the application of any enactment (but, in the case of primary legislation, |
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| | only if the primary legislation was passed or made before the end of the Session |
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| | in which this Act is passed). |
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| | (13) | The Secretary of State may by regulations amend the electronic communications |
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| | code set out in Schedule 3A to the Communications Act 2003 for the purposes of |
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| | ensuring that the provisions of the code are consistent with the law of Scotland or |
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| | (a) | an enactment comprised in subordinate legislation within the |
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| | meaning of the Interpretation Act 1978, |
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| | (b) | an enactment comprised in, or in an instrument made under, a |
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| | Measure or Act of the National Assembly for Wales, |
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| | (c) | an enactment comprised in, or in an instrument made under, an |
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| | Act of the Scottish Parliament, and |
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| | (d) | an enactment comprised in, or in an instrument made under, |
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| | Northern Ireland legislation; |
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| | “primary legislation” means— |
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| | (e) | an Act of Parliament, |
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| | (f) | a Measure or Act of the National Assembly for Wales, |
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| | (g) | an Act of the Scottish Parliament, or |
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| | (h) | Northern Ireland legislation.” |
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| | Member’s explanatory statement
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| | This omits the telecommunications code which makes provision about the manner in which |
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| | electronic communications infrastructure can be installed and maintained to enable its |
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| | replacement with a substantially revised version to be known as the electronic communications |
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| | To move the following Clause— |
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| | | “Exploitation of petroleum on deep-level land: cumulative impacts |
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| | The Secretary of State should amend the National Planning Policy Framework to |
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| | require planning authorities to consider the cumulative impacts of exploiting |
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| | petroleum on deep-level land.” |
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| | To move the following Clause— |
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| | | “Underground access: environmental protection |
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| | (1) | All sites extracting petroleum under the provisions of section 38 must— |
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| | (a) | carry out an Environmental Impact Assessment; |
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| | (b) | ensure that independent inspections are carried out of the integrity of |
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| | (c) | publicly disclose the chemicals used for the extraction process, and the |
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| | proportions in which they are used on a well-by-well basis; |
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| | (d) | consult with the relevant water company; and |
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| | (e) | carry out monitoring over the previous 12 month period. |
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| | (2) | The Secretary of State shall by regulations specify what data shall be required |
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| | (3) | Regulations under subsection (2) must specify as required data the levels of |
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| | methane in the groundwater and ecological studies, that data shall include but is |
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| | not limited to levels of methane in the groundwater and ecological studies. |
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| | (4) | Regulations under subsection (2) must be made by statutory instrument and may |
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| | not be made unless a draft of the instrument has been laid before and approved by |
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| | a resolution of each House of Parliament.” |
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| | To move the following Clause— |
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| | | “Shale gas extraction: devolution |
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| | (1) | The Scotland Act 1998 is amended as follows. |
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| | (2) | In Schedule 5, Part II, section D2, after “gas other than through pipes.”, insert— |
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| | | “the licensing of onshore shale gas extraction underlying Scotland. |
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| | | responsibility for mineral access rights for onshore extraction of shale |
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| | To move the following Clause— |
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| | Within six months of the day on which this Act is passed, Her Majesty’s |
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| | Government shall lay before Parliament a strategy which establishes long-term |
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| | commitment and funding to increase rates of walking and cycling, including in |
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| | the planning of infrastructure projects.” |
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| | To move the following Clause— |
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| | (1) | The strategic highways company shall produce route strategies for all highways |
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| | under its control (“specified highways”) and shall ensure such strategies remain |
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| | (2) | In deciding how to divide up specified highways into route strategies, the |
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| | strategic highways company shall have due regard to local government |
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| | boundaries and travel to work areas. |
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| | (3) | Route strategies shall consider— |
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| | (a) | other transport modes, including railways and port facilities, that are |
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| | served by specified highways or run parallel to them; |
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| | (b) | the interaction between specified highways and other highways; |
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| | (c) | opportunities to secure the expeditious movement of people and freight; |
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| | (d) | opportunities to reduce environmental impacts. |
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| | (4) | The strategic highways company must— |
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| | (a) | carry out such consultation, and arrange for such publicity, as the |
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| | strategic highways company thinks appropriate in relation to a route |
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| | (b) | consult such persons, and such descriptions of persons, as may be |
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| | (c) | have regard to the responses to the consultation and publicity in deciding |
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| | whether to proceed with a route strategy. |
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| | (5) | In setting or varying a Roads Investment Strategy, the Secretary of State shall |
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| | have due regard to route strategies. |
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| | (6) | The Secretary of State may make regulations about route strategies.” |
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| | To move the following Clause— |
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| | | “Carbon compliance standard for new homes |
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| | (1) | The Secretary of State must within six months of the passing of this Act make |
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| | regulations under section 1(1) of the Building Act 1984 for the purpose of |
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| | ensuring that all new homes built from 2016 achieve a carbon compliance |
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| | (2) | For the purpose of subsection (1), “carbon compliance standard” means an |
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| | absolute limit on the predicted emissions of carbon dioxide (and other greenhouse |
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| | gases expressed as equivalents) per square metre of the internal floor space per |
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| | (a) | 10 kg in the case of detached houses; |
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| | (b) | 11 kg in the case of attached houses; |
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| | (c) | 14 kg in the case of flats. |
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| | (3) | Any further regulations made by the Secretary of State requiring persons |
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| | constructing new homes to achieve reductions in carbon dioxide emissions |
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| | elsewhere than on the site of such homes shall only be applicable in |
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| | circumstances where the improvements set out in subsection (2) have been |
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| | To move the following Clause— |
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| | | “Petroleum extraction: environmental base line data |
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| | All sites extracting petroleum under the provisions of section 38 must publish all |
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| | environmental base line data collated over the designated period, in a manner that |
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| | allows it to be subjected to scientific peer review.” |
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| | Member’s explanatory statement
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| | The purpose is to ensure that disputes over what was naturally occurring prior to extraction can |
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| | To move the following Clause— |
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| | | “National Infrastructure Commission |
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| | (1) | There shall be an independent National Infrastructure Commission. |
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| | (2) | The Secretary of State may by regulations provide for the appointment, duties, |
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| | functions and staffing of the National Infrastructure Commission. |
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| | (3) | Regulations made under subsection (2) may make provision for any |
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| | consequential matter that the Secretary of State considers is necessary to establish |
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| | the National Infrastructure Commission. |
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| | (4) | Regulations made under subsection (2) shall be made by statutory instrument. |
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| | (5) | A statutory instrument under this section shall not be made unless a draft of it has |
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| | been laid before and approved by both Houses of Parliament.” |
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| | To move the following Clause— |
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| | | “Development Plan documents: accessible design |
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| | In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of |
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| | local documents) after subsection (1) insert— |
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| | (1B) | Development Plan documents must (taken as a whole) include policies |
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| | designed to secure inclusive design and accessibility for the maximum |
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| | number of people including disabled people” |
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| | To move the following Clause— |
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| | | “Place making objectives for new town development corporations |
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| | In Part 1 of the 1981 New Towns Act delete section 4 (1) and insert— |
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| | “(1) | The objects of a development corporation established for the purpose of a new |
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| | town shall be to secure the physical laying out of infrastructure and the long-term |
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| | sustainable development of the new town. |
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| | (1A) | Under this Act sustainable development means managing the use, development |
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| | and protection of land and natural resources in a way which enables people and |
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| | communities to provide for their legitimate social, economic and cultural |
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| | wellbeing, while sustaining the potential for future generations to meet their own |
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| | (1B) | In achieving sustainable development, development corporations should— |
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| | (a) | positively identify suitable land for development in line with the |
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| | economic, social and environmental objectives so as to improve the |
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| | quality of life, wellbeing and health of people and the community; |
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| | (b) | contribute to the sustainable economic development of the town; |
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| | (c) | contribute to the vibrant cultural and artistic development of the town; |
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| | (d) | protect and enhance the natural and historic environment; |
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| | (e) | contribute to mitigation and adaptation to climate change in line with the |
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| | objectives of the Climate Change Act 2008; |
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| | (f) | positively promote high quality and inclusive design for the maximum |
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| | number of people including disabled people; |
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| | (g) | ensure that decision-making is open, transparent, participative and |
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| | (h) | ensure that assets are managed for long-term interest of the community. |
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| | (1C) | In this Part “infrastructure” includes— |
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| | (a) | water, electricity, gas, telecommunications, sewerage or other services; |
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| | (b) | roads, railways or other transport facilities; |
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| | (c) | retail or other business facilities; |
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| | (d) | health, educational, employment or training facilities; |
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| | (e) | social, religious, recreational or cultural facilities; |
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| | (f) | green infrastructure and ecosystems; |
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| | (g) | cremation or burial facilities; and |
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| | (h) | community facilities not falling within paragraphs (a) to (f); and |
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| | | “land” includes housing or other buildings (and see also the definition in |
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| | Schedule 10 to the Interpretation Act 1978), and references to housing include |
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| | (where the context permits) any yard, garden, outhouses and appurtenances |
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| | belonging to, or usually enjoyed with, the building or part of building |
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| | To move the following Clause— |
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| | | “Impact of infrastructure spending on costs for consumers |
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| | 28A | Provision of impact data |
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| | (1) | The Chancellor of the Exchequer may by regulations make provision for |
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| | the regulators to provide data, in a manner prescribed by the regulations, |
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| | about the anticipated impact of infrastructure spending on the cost of |
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| | (2) | Regulations made under subsection (1) may prescribe— |
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| | (a) | the type of infrastructure spending about which data must be |
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| | (b) | the nature of the data to be provided; |
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| | (c) | the methodology for collating and manipulating the data, |
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| | including assumptions that should be made; |
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| | (d) | the form in which the data should be presented; |
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| | (e) | the persons that should receive a copy of the data. |
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| | (3) | The regulations may make different provision for different regulators |
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| | (4) | The Treasury must scrutinise the data provided under subsection (1) and |
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| | (a) | the cumulative impact of infrastructure spending on the cost of |
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| | (b) | the affordability of any anticipated increases in the cost of |
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| | products for consumers, taking into account factors other than |
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| | infrastructure spending that are also likely to significantly impact |
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| | the cost of products; and |
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| | (c) | differences in affordability between different groups of |
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| | (5) | The Treasury must publish the data provided under subsection (1) and the |
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| | assessment made under subsection (4) in such manner as it reasonably |
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| | (6) | The Treasury must take into account the assessment in subsection (4) in |
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| | making decisions about the extent, prioritisation or timing of |
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