Session 2014 - 15
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23

 

House of Commons

 
 

Thursday 15 January 2015

 

Public Bill Committee Proceedings

 

Infrastructure Bill [Lords]


 

[TENTH AND ELEVENTH sittings]


 

Mr John Hayes

 

Agreed to  NC19

 

To move the following Clause

 

         

“The electronic communications code

 

(1)    

In the Telecommunications Act 1984 omit Schedule 2 (the telecommunications

 

code).

 

(2)    

Before Schedule 4 to the Communications Act 2003 insert the Schedule 3A set

 

out in Schedule (The electronic communications code) to this Act.

 

(3)    

Section 106 of the Communications Act 2003 (application of the electronic

 

communications code) is amended as follows.

 

(4)    

In subsection (1) for “the code set out in Schedule 2 to the Telecommunications

 

Act 1984 (c 12).” substitute “the code set out in Schedule 3A.”

 

(5)    

Omit subsection (2).

 

(6)    

In subsection (4)(b) for “conduits” substitute “infrastructure”

 

(7)    

In subsection (5)(c) for “conduit system” in each place substitute “system of

 

infrastructure”.

 

(8)    

In subsection (6) for “16(3)” substitute “82(7)”.

 

(9)    

Omit subsection (7).

 

(10)    

Schedule (The electronic communications code: consequential amendments) has

 

effect.

 

(11)    

The Secretary of State may by regulations make consequential provision in

 

connection with any provision made by or under this section or Schedule (The

 

electronic communications code) or (The electronic communications code:

 

consequential amendments).

 

(12)    

Regulations under subsection (11) may amend, repeal, revoke or otherwise

 

modify the application of any enactment (but, in the case of primary legislation,

 

only if the primary legislation was passed or made before the end of the Session

 

in which this Act is passed).

 

(13)    

The Secretary of State may by regulations amend the electronic communications

 

code set out in Schedule 3A to the Communications Act 2003 for the purposes of

 

ensuring that the provisions of the code are consistent with the law of Scotland or

 

Northern Ireland.

 

(14)    

In this section—


 
 

Public Bill Committee Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

“enactment” includes—

 

(a)    

an enactment comprised in subordinate legislation within the

 

meaning of the Interpretation Act 1978,

 

(b)    

an enactment comprised in, or in an instrument made under, a

 

Measure or Act of the National Assembly for Wales,

 

(c)    

an enactment comprised in, or in an instrument made under, an

 

Act of the Scottish Parliament, and

 

(d)    

an enactment comprised in, or in an instrument made under,

 

Northern Ireland legislation;

 

“primary legislation” means—

 

(e)    

an Act of Parliament,

 

(f)    

a Measure or Act of the National Assembly for Wales,

 

(g)    

an Act of the Scottish Parliament, or

 

(h)    

Northern Ireland legislation.”

 


 

Tom Greatrex

 

Withdrawn  NC1

 

To move the following Clause

 

         

“Exploitation of petroleum on deep-level land: cumulative impacts

 

The Secretary of State should amend the National Planning Policy Framework to

 

require planning authorities to consider the cumulative impacts of exploiting

 

petroleum on deep-level land.”

 


 

Tom Greatrex

 

Withdrawn  NC2

 

To move the following Clause

 

         

“Underground access: environmental protection

 

(1)    

All sites extracting petroleum under the provisions of section 38 must—

 

(a)    

carry out an Environmental Impact Assessment;

 

(b)    

ensure that independent inspections are carried out of the integrity of

 

wells used;

 

(c)    

publicly disclose the chemicals used for the extraction process, and the

 

proportions in which they are used on a well-by-well basis;

 

(d)    

consult with the relevant water company; and

 

(e)    

carry out monitoring over the previous 12 month period.

 

(2)    

The Secretary of State shall by regulations specify what data shall be required

 

under paragraph (e).

 

(3)    

Regulations under subsection (2) must specify as required data the levels of

 

methane in the groundwater and ecological studies, that data shall include but is

 

not limited to levels of methane in the groundwater and ecological studies.


 
 

Public Bill Committee Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

(4)    

Regulations under subsection (2) must be made by statutory instrument and may

 

not be made unless a draft of the instrument has been laid before and approved by

 

a resolution of each House of Parliament.”

 


 

Tom Greatrex

 

Withdrawn  NC3

 

To move the following Clause

 

         

“Shale gas extraction: devolution

 

(1)    

The Scotland Act 1998 is amended as follows.

 

(2)    

In Schedule 5, Part II, section D2, after “gas other than through pipes.”, insert—

 

            

“the licensing of onshore shale gas extraction underlying Scotland.

 

            

responsibility for mineral access rights for onshore extraction of shale

 

gas in Scotland.”

 


 

Richard Burden

 

Negatived on division  NC4

 

To move the following Clause

 

         

“Walking and cycling

 

Within six months of the day on which this Act is passed, Her Majesty’s

 

Government shall lay before Parliament a strategy which establishes long-term

 

commitment and funding to increase rates of walking and cycling, including in

 

the planning of infrastructure projects.”

 


 

Richard Burden

 

Withdrawn  NC5

 

To move the following Clause

 

         

“Route Strategies

 

(1)    

The strategic highways company shall produce route strategies for all highways

 

under its control (“specified highways”) and shall ensure such strategies remain

 

up to date.

 

(2)    

In deciding how to divide up specified highways into route strategies, the

 

strategic highways company shall have due regard to local government

 

boundaries and travel to work areas.

 

(3)    

Route strategies shall consider—

 

(a)    

other transport modes, including railways and port facilities, that are

 

served by specified highways or run parallel to them;

 

(b)    

the interaction between specified highways and other highways;


 
 

Public Bill Committee Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

(c)    

opportunities to secure the expeditious movement of people and freight;

 

and

 

(d)    

opportunities to reduce environmental impacts.

 

(4)    

The strategic highways company must—

 

(a)    

carry out such consultation, and arrange for such publicity, as the

 

strategic highways company thinks appropriate in relation to a route

 

strategy;

 

(b)    

consult such persons, and such descriptions of persons, as may be

 

prescribed;

 

(c)    

have regard to the responses to the consultation and publicity in deciding

 

whether to proceed with a route strategy.

 

(5)    

In setting or varying a Roads Investment Strategy, the Secretary of State shall

 

have due regard to route strategies.

 

(6)    

The Secretary of State may make regulations about route strategies.”

 


 

Sir Andrew Stunell

 

Mr Jeremy Browne

 

Withdrawn  NC6

 

To move the following Clause

 

         

“Carbon compliance standard for new homes

 

(1)    

The Secretary of State must within six months of the passing of this Act make

 

regulations under section 1(1) of the Building Act 1984 for the purpose of

 

ensuring that all new homes built from 2016 achieve a carbon compliance

 

standard.

 

(2)    

For the purpose of subsection (1), “carbon compliance standard” means an

 

absolute limit on the predicted emissions of carbon dioxide (and other greenhouse

 

gases expressed as equivalents) per square metre of the internal floor space per

 

year of—

 

(a)    

10 kg in the case of detached houses;

 

(b)    

11 kg in the case of attached houses;

 

(c)    

14 kg in the case of flats.

 

(3)    

Any further regulations made by the Secretary of State requiring persons

 

constructing new homes to achieve reductions in carbon dioxide emissions

 

elsewhere than on the site of such homes shall only be applicable in

 

circumstances where the improvements set out in subsection (2) have been

 

achieved.”

 



 
 

Public Bill Committee Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

Andrew Miller

 

Negatived on division  NC7

 

To move the following Clause

 

         

“Petroleum extraction: environmental base line data

 

All sites extracting petroleum under the provisions of section 38 must publish all

 

environmental base line data collated over the designated period, in a manner that

 

allows it to be subjected to scientific peer review.”

 


 

Roberta Blackman-Woods

 

Withdrawn  NC11

 

To move the following Clause

 

         

“National Infrastructure Commission

 

(1)    

There shall be an independent National Infrastructure Commission.

 

(2)    

The Secretary of State may by regulations provide for the appointment, duties,

 

functions and staffing of the National Infrastructure Commission.

 

(3)    

Regulations made under subsection (2) may make provision for any

 

consequential matter that the Secretary of State considers is necessary to establish

 

the National Infrastructure Commission.

 

(4)    

Regulations made under subsection (2) shall be made by statutory instrument.

 

(5)    

A statutory instrument under this section shall not be made unless a draft of it has

 

been laid before and approved by both Houses of Parliament.”

 


 

Roberta Blackman-Woods

 

Negatived on division  NC12

 

To move the following Clause

 

         

“Development Plan documents: accessible design

 

In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of

 

local documents) after subsection (1) insert—

 

(1B)    

Development Plan documents must (taken as a whole) include policies

 

designed to secure inclusive design and accessibility for the maximum

 

number of people including disabled people”

 



 
 

Public Bill Committee Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

Roberta Blackman-Woods

 

Negatived on division  NC13

 

To move the following Clause

 

         

“Place making objectives for new town development corporations

 

In Part 1 of the 1981 New Towns Act delete section 4 (1) and insert—

 

“(1)    

The objects of a development corporation established for the purpose of a new

 

town shall be to secure the physical laying out of infrastructure and the long-term

 

sustainable development of the new town.

 

(1A)    

Under this Act sustainable development means managing the use, development

 

and protection of land and natural resources in a way which enables people and

 

communities to provide for their legitimate social, economic and cultural

 

wellbeing, while sustaining the potential for future generations to meet their own

 

needs.

 

(1B)    

In achieving sustainable development, development corporations should—

 

(a)    

positively identify suitable land for development in line with the

 

economic, social and environmental objectives so as to improve the

 

quality of life, wellbeing and health of people and the community;

 

(b)    

contribute to the sustainable economic development of the town;

 

(c)    

contribute to the vibrant cultural and artistic development of the town;

 

(d)    

protect and enhance the natural and historic environment;

 

(e)    

contribute to mitigation and adaptation to climate change in line with the

 

objectives of the Climate Change Act 2008;

 

(f)    

positively promote high quality and inclusive design for the maximum

 

number of people including disabled people;

 

(g)    

ensure that decision-making is open, transparent, participative and

 

accountable; and

 

(h)    

ensure that assets are managed for long-term interest of the community.

 

(1C)    

In this Part “infrastructure” includes—

 

(a)    

water, electricity, gas, telecommunications, sewerage or other services;

 

(b)    

roads, railways or other transport facilities;

 

(c)    

retail or other business facilities;

 

(d)    

health, educational, employment or training facilities;

 

(e)    

social, religious, recreational or cultural facilities;

 

(f)    

green infrastructure and ecosystems;

 

(g)    

cremation or burial facilities; and

 

(h)    

community facilities not falling within paragraphs (a) to (f); and

 

    

“land” includes housing or other buildings (and see also the definition in

 

Schedule 10 to the Interpretation Act 1978), and references to housing include

 

(where the context permits) any yard, garden, outhouses and appurtenances

 

belonging to, or usually enjoyed with, the building or part of building

 

concerned.””

 



 
 

Public Bill Committee Proceedings: 15 January 2015        

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Infrastructure Bill-[ [], continued

 
 

Tom Greatrex

 

Withdrawn  NC14

 

To move the following Clause

 

         

“Impact of infrastructure spending on costs for consumers

 

28A    

Provision of impact data

 

(1)    

The Chancellor of the Exchequer may by regulations make provision for

 

the regulators to provide data, in a manner prescribed by the regulations,

 

about the anticipated impact of infrastructure spending on the cost of

 

products for consumers.

 

(2)    

Regulations made under subsection (1) may prescribe—

 

(a)    

the type of infrastructure spending about which data must be

 

provided;

 

(b)    

the nature of the data to be provided;

 

(c)    

the methodology for collating and manipulating the data,

 

including assumptions that should be made;

 

(d)    

the form in which the data should be presented;

 

(e)    

the persons that should receive a copy of the data.

 

(3)    

The regulations may make different provision for different regulators

 

where necessary.

 

(4)    

The Treasury must scrutinise the data provided under subsection (1) and

 

assess—

 

(a)    

the cumulative impact of infrastructure spending on the cost of

 

products for consumers;

 

(b)    

the affordability of any anticipated increases in the cost of

 

products for consumers, taking into account factors other than

 

infrastructure spending that are also likely to significantly impact

 

the cost of products; and

 

(c)    

differences in affordability between different groups of

 

consumers, if any.

 

(5)    

The Treasury must publish the data provided under subsection (1) and the

 

assessment made under subsection (4) in such manner as it reasonably

 

deems appropriate.

 

(6)    

The Treasury must take into account the assessment in subsection (4) in

 

making decisions about the extent, prioritisation or timing of

 

infrastructure spending.

 

(7)    

The duties in subsections (4) and (5) may be delegated to any person or

 

organisation that the Chancellor of the Exchequer reasonably deems

 

appropriate.

 

(8)    

A delegation under subsection (7) may specify—

 

(a)    

the extent to which the duty is delegated; and

 

(b)    

any conditions to which the delegation is subject.

 

(9)    

The Chancellor of the Exchequer may give directions to the regulators in

 

relation to infrastructure spending in furtherance of this Part.”

 



 
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