Session 2014 - 15
Internet Publications
Other Bills before Parliament


 
 

43

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 18 December 2014

 

For other Amendment(s) see the following page(s):

 

Infrastructure Bill [Lords] Committee 35-42

 

Public Bill Committee


 

Infrastructure Bill [Lords]


 

Dr Alan Whitehead

 

Clause  33,  page  37,  line  9,  at end insert—

 

““Community” shall include any elected authority responsible for the

 

administration of any area defined for the purpose of exercising the right

 

to buy a stake in a renewable energy facility”

 

Dr Alan Whitehead

 

Clause  38,  page  45,  line  22,  leave out “300 metres” and insert “1000 metres”

 

Dr Alan Whitehead

 

Clause  38,  page  45,  line  25,  at end insert—

 

“(6)    

The Secretary of State shall be required to commission and consider reports on—

 

(a)    

the cumulative impacts of water use in fracking and refracking of

 

exploratory and productive gas wells;

 

(b)    

the cumulative impacts of flowback and waste water arising from

 

fracking and refracking activity; and

 

(c)    

the cumulative impacts on communities of road and vehicle movements

 

from fracking and refracking activity

 

    

before providing any permission for the exploitation of petroleum on deep level

 

land where one or more exploitation facility exists within one mile of a proposed

 

site.”


 
 

Notices of Amendments:                               

44

 

, continued

 
 

Mr John Hayes

 

NC8

 

To move the following Clause

 

         

“Mayoral development orders

 

“(1)    

Schedule (Mayoral development orders) (Mayoral development orders) has

 

effect.

 

(2)    

The Secretary of State may by regulations make consequential provision in

 

connection with any provision made by that Schedule.

 

(3)    

Regulations under this section may amend, repeal, revoke or otherwise modify

 

the application of any enactment (but, in the case of an Act, only if the Act was

 

passed before the end of the Session in which this Act is passed).

 

(4)    

In this section “enactment” includes an enactment comprised in subordinate

 

legislation within the meaning of the Interpretation Act 1978.”

 

Member’s explanatory statement

 

This amendment and amendments NS1, 38, 39, 41 and 43 enable the Mayor of London to make

 

Mayoral development orders granting planning permission for development on specified sites in

 

Greater London in response to an application from each local planning authority in whose area

 

any part of a site is located.

 

Mr John Hayes

 

NC9

 

To move the following Clause

 

         

“Reimbursement of persons who have met expenses of making electrical

 

connections

 

(1)    

The Electricity Act 1989 is amended in accordance with this section.

 

(2)    

In section 19 (power to recover expenditure)—

 

(a)    

omit subsections (2) and (3);

 

(b)    

after subsection (3) insert—

 

“(3A)    

Schedule 5B (reimbursement of persons who have met expenses)

 

has effect.”;

 

(c)    

in subsection (4), after “this section” insert “and Schedule 5B”.

 

(3)    

After Schedule 5A insert—

 

“SCHEDULE 5B

 

Reimbursement of persons who have met expenses

 

Power to make regulations

 

1    (1)  

The Secretary of State may, by regulations, make provision entitling

 

the relevant electricity distributor to exercise the reimbursement

 

powers in cases where conditions A, B, C and D are met.

 

      (2)  

Condition A is met if any electric line or electrical plant is provided

 

for the purpose of making a connection (the “first connection”)—

 

(a)    

between premises and a distribution system, or

 

(b)    

between two distribution systems.

 

      (3)  

Condition B is met if a payment in respect of first connection expenses

 

is made by one or more of the following persons—


 
 

Notices of Amendments:                               

45

 

, continued

 
 

(a)    

a person requiring the first connection in pursuance of section

 

16(1);

 

(b)    

a person who otherwise causes the first connection to be made

 

(including by means of contractual arrangements).

 

      (4)  

Condition C is met if any electric line or electric plant provided for the

 

purpose of making the first connection is used for the purpose of

 

making another connection (the “second connection”)—

 

(a)    

between premises and a distribution system, or

 

(b)    

between two distribution systems.

 

      (5)  

Condition D is met if the second connection is made within the

 

prescribed period after the first connection was made.

 

      (6)  

“First connection expenses” are any expenses reasonably incurred by

 

a person in providing any electric line or electric plant for the purpose

 

of making the first connection.

 

      (7)  

It does not matter whether the first connection, or the second

 

connection, is made by an electricity distributor or a person of another

 

description.

 

The reimbursement powers

 

2    (1)  

The “reimbursement powers” are—

 

(a)    

the power to demand a reimbursement payment from—

 

(i)    

a person requiring the second connection in

 

pursuance of section 16(1), or

 

(ii)    

a person who otherwise causes the second connection

 

to be made (including by means of contractual

 

arrangements); and

 

(b)    

the power to apply the reimbursement payment in making

 

such payments as may be appropriate towards reimbursing

 

any persons for any payments they were previously required

 

to make in respect of first connection expenses (whether that

 

requirement arose by virtue of paragraph (a) or otherwise).

 

      (2)  

A “reimbursement payment” is a payment, of such amount as may be

 

reasonable in all the circumstances, in respect of first connection

 

expenses.

 

Other provision about regulations under this Schedule

 

3    (1)  

The Secretary of State must consult the Authority before making

 

regulations under this Schedule.

 

      (2)  

Regulations under this Schedule may make provision requiring

 

relevant electricity distributors to exercise a reimbursement power

 

(whether in all cases or in cases provided for in the regulations).

 

      (3)  

Regulations under this Schedule may make provision for the relevant

 

electricity distributor to establish or estimate the amount of first

 

connection expenses — or an amount of any aspect of those expenses

 

— in cases where that distributor is not the person who made the first

 

connection.


 
 

Notices of Amendments:                               

46

 

, continued

 
 

      (4)  

Regulations under sub-paragraph (3) may not require any person to

 

supply the relevant electricity distributor with information about any

 

expenses incurred.

 

      (5)  

Regulations under sub-paragraph (3) may provide for an estimate of

 

an amount of first connection expenses to be calculated by a relevant

 

electricity distributor by reference only to a combination of—

 

(a)    

expenses which that distributor would incur if that distributor

 

were making the connection at the time of the estimate, and

 

(b)    

changes in prices since the time when the connection was

 

actually made.

 

Interpretation

 

4    (1)  

In this Schedule—

 

“first connection” has the meaning given in paragraph 1;

 

“first connection expenses” has the meaning given in paragraph 1;

 

“reimbursement payment” has the meaning given in paragraph 2;

 

“reimbursement powers” has the meaning given in paragraph 2;

 

“relevant electricity distributor”, in relation to the exercise of a

 

reimbursement power, means—

 

(a)    

in a case where the first connection was made between premises

 

and a distribution system, the electricity distributor that (at the

 

time of the exercise of the power) operates that distribution

 

system;

 

(b)    

in a case where the first connection was made between two

 

distribution systems, the electricity distributor that (at the time of

 

the exercise of the power) operates the distribution system into

 

which the first connection has been, or is expected to be,

 

incorporated.

 

      (2)  

A reference in this Schedule to a payment in respect of first connection

 

expenses includes a reference to such a payment made in pursuance of

 

section 19(1).”

 

(4)    

In section 16 (duty to connect on request), in subsection (4), after “23” insert “and

 

Schedule 5B”.

 

(5)    

In section 16A (procedure for requiring a connection), in subsection (5)(b)—

 

(a)    

omit “or regulations under section 19(2)”;

 

(b)    

after “19(2)” insert “or regulations under Schedule 5B”.

 

(6)    

In section 23 (determination of disputes)—

 

(a)    

after subsection (1) insert—

 

“(1ZA)    

This section also applies to any dispute arising under regulations

 

under Schedule 5B between—

 

(a)    

an electricity distributor, and

 

(b)    

a person in respect of whom the electricity distributor

 

exercises the reimbursement powers conferred by the

 

regulations.”;

 

(b)    

after subsection (1C) insert—

 

“(1D)    

No dispute arising under regulations under Schedule 5B may be

 

referred to the Authority after the end of the period of 12 months

 

beginning with the time when the second connection (within the

 

meaning of Schedule 5B) is made.”;


 
 

Notices of Amendments:                               

47

 

, continued

 
 

(c)    

after subsection (2) insert—

 

“(2A)    

Where a dispute arising under regulations under Schedule 5B

 

falls to be determined under this section, the Authority may give

 

directions as to the circumstances in which, and the terms on

 

which, an electricity distributor is to make or (as the case may be)

 

to maintain the second connection (within the meaning of

 

Schedule 5B) pending the determination of the dispute.”;

 

(d)    

in subsection (4), after “(2)” insert “, (2A)”.”

 

Member’s explanatory statement

 

This amendment broadens powers to recover expenditure on new electricity connections; and

 

powers to reimburse those who have met costs of making electricity connections (if later used for

 

making other electricity connections). The Gas and Electricity Markets Authority is given powers

 

to determine disputes about recovery of expenditure and reimbursement.

 

Mr John Hayes

 

NS1

 

To move the following Schedule

 

“Mayoral development orders

 

Main amendments

 

1          

After section 61D of the Town and Country Planning Act 1990 insert—

 

Mayoral development orders

 

61DA  

 Mayoral development orders

 

(1)    

The Mayor of London may by order (a Mayoral development order)

 

grant planning permission for development specified in the order on

 

one or more sites specified in the order.

 

(2)    

The site or sites must fall within—

 

(a)    

the area of a local planning authority in Greater London, or

 

(b)    

the areas of two or more local planning authorities in Greater

 

London.

 

(3)    

The Secretary of State may by development order specify an area or

 

class of development in respect of which a Mayoral development

 

order must not be made.

 

61DB  

Permission granted by Mayoral development order

 

(1)    

Planning permission granted by a Mayoral development order may be

 

granted—

 

(a)    

unconditionally, or

 

(b)    

subject to such conditions or limitations as are specified in the

 

order.

 

(2)    

A condition imposed by a Mayoral development order may provide

 

for the consent, agreement or approval to a matter specified in the

 

condition to be given by one or more persons specified in the

 

condition.


 
 

Notices of Amendments:                               

48

 

, continued

 
 

(3)    

A person specified in a condition must be the Mayor of London or a

 

relevant local planning authority.

 

(4)    

The Secretary of State may by development order provide that, if the

 

consent, agreement or approval of a person required by a condition

 

imposed by a Mayoral development order is not given within a

 

specified period, that consent, agreement or approval may be sought

 

from a specified person.

 

(5)    

In subsection (4) “specified” means specified, or of a description

 

specified, in the development order.

 

(6)    

The Secretary of State may by development order make provision for

 

a person to apply for planning permission for the development of land

 

without complying with a condition imposed on the grant of planning

 

permission by a Mayoral development order.

 

(7)    

A development order under subsection (6) may, in particular make

 

provision similar to that made by section 73, subject to such

 

modifications as the Secretary of State thinks appropriate.

 

(8)    

So far as the context requires, in relation to—

 

(a)    

an application for the consent, agreement or approval of the

 

Mayor of London to a matter specified in a condition imposed

 

by a Mayoral development order, or

 

(b)    

the determination of such an application,

 

    

any reference in an enactment to a local planning authority (however

 

expressed) includes a reference to the Mayor.

 

(9)    

For the purposes of this Act a local planning authority is a relevant

 

local planning authority in relation to a Mayoral development order or

 

proposed Mayoral development order if a site or part of a site to which

 

the order or proposed order relates is within the authority’s area.

 

61DC  

Preparation and making of Mayoral development order

 

(1)    

The Secretary of State may by development order make provision

 

about the procedure for the preparation and making of a Mayoral

 

development order.

 

(2)    

A development order under subsection (1) may in particular make

 

provision about—

 

(a)    

notice, publicity and inspection by the public;

 

(b)    

consultation with and consideration of views of such persons

 

and for such purposes as are specified in the order;

 

(c)    

the making and consideration of representations.

 

(3)    

A Mayoral development order may be made only in response to an

 

application to the Mayor of London by each relevant local planning

 

authority.

 

(4)    

A proposed Mayoral development order may be consulted on only

 

with the consent of each relevant local planning authority.

 

(5)    

A Mayoral development order may not be made unless the order has

 

been approved, in the form in which it is made, by each relevant local

 

planning authority.


 
 

Notices of Amendments:                               

49

 

, continued

 
 

(6)    

If the Mayor of London makes a Mayoral development order, the

 

Mayor must send a copy to the Secretary of State as soon as is

 

reasonably practicable after the order is made.

 

61DD  

Revision or revocation of Mayoral development order

 

(1)    

The Mayor of London may at any time revise or revoke a Mayoral

 

development order with the approval of each relevant local planning

 

authority.

 

(2)    

The Mayor of London must revise a Mayoral development order if the

 

Secretary of State directs the Mayor to do so (and the requirement for

 

the approval of each relevant local planning authority does not apply

 

in those circumstances).

 

(3)    

The Secretary of State may at any time revoke a Mayoral development

 

order if the Secretary of State thinks it is expedient to do so.

 

(4)    

The power under subsection (3) is to be exercised by order made by

 

the Secretary of State.

 

(5)    

If the Secretary of State revokes a Mayoral development order the

 

Secretary of State must state the reasons for doing so.

 

(6)    

The Secretary of State may by development order make provision

 

about—

 

(a)    

the steps to be taken by the Secretary of State before giving a

 

direction or making an order under this section;

 

(b)    

the procedure for the revision or revocation of a Mayoral

 

development order.

 

(7)    

A development order under subsection (6) may in particular make

 

provision about—

 

(a)    

notice, publicity and inspection by the public;

 

(b)    

consultation with and consideration of views of such persons

 

and for such purposes as are specified in the order;

 

(c)    

the making and consideration of representations.

 

61DE  

Effect of revision or revocation on incomplete development

 

(1)    

This section applies if planning permission for development granted

 

by a Mayoral development order is withdrawn at a time when the

 

development has been started but not completed.

 

(2)    

For this purpose planning permission for development granted by a

 

Mayoral development order is withdrawn—

 

(a)    

if the order is revoked under section 61DD, or

 

(b)    

if the order is revised under that section so that it ceases to

 

grant planning permission for the development or materially

 

changes any condition or limitation to which the grant of

 

permission is subject.

 

(3)    

The development may, despite the withdrawal of the permission, be

 

completed, subject as follows.

 

(4)    

If the permission is withdrawn because the Mayoral development

 

order is revoked by the Mayor of London, the Mayor may make a

 

determination that subsection (3) is not to apply in relation to

 

development specified in the determination.


 
contents continue
 

© Parliamentary copyright
Revised 19 December 2014