Infrastructure Bill (HC Bill 987)

(2) In subsection (2ZA) (references in subsections (1) and (2) to applications for
planning permission to include applications under section 61L(2)) after
“references to” in the second place insert “—

(a) an application for consent, agreement or approval as
5mentioned in section 61DB(2), and

(b) ”.”

(3) In subsection (3A) (disapplication of consultation requirement relating to
caravan sites in case of neighbourhood development order) after “granted
by” insert “a Mayoral development order or”.

10 10In section 74(1ZA) (directions etc as to method of dealing with applications:
references in subsections (1)(c) and (f) to planning permission etc to include
approvals under section 61L(2) etc)—

(a) in paragraph (a) after “reference to” in the second place insert “—

(i) a consent, agreement or approval as
15mentioned in section 61DB(2), and

(ii) ”, and”

(b) in paragraph (b) after “references to” in the second place insert “—

(i) applications for consent, agreement or
approval as mentioned in section 61DB(2),
20and

(ii) ”.”

11 In section 77(1) (reference of applications to the Secretary of State)—

(a) for “approval” substitute “consent, agreement or approval”, and

(b) after “a local development order” insert “, a Mayoral development
25order”.

12 In section 78(1)(c) (right of appeal against refusal of application for approval
under development order etc.) after “a local development order” insert “, a
Mayoral development order”.

13 In section 88(9) (provision for permission for development in enterprise
30zones does not prevent planning permission from being granted by other
means) after “a local development order” insert “, a Mayoral development
order”.

14 In section 91(4)(a) (provisions about general condition limiting duration of
planning permission do not apply to permission granted by development
35order etc) after “a local development order” insert “, a Mayoral development
order”.

15 (1) Section 108 (compensation for refusal etc of planning permission formerly
granted by development order etc) is amended as follows.

(2) In the heading after “local development order” insert “, Mayoral
40development order”.

(3) In subsection (1)—

(a) in paragraph (a) after “a local development order” insert “, a Mayoral
development order”, and

(b) after “the local development order” insert “, the Mayoral
45development order”.

(4) After subsection (1) insert—

“(1A) Where section 107 applies in relation to planning permission granted
by a Mayoral development order—

(a) subsection (1) of that section has effect as if it provided for a
5claim to be made to, and compensation to be paid by, the
Mayor of London rather than the local planning authority,
and

(b) subject to subsection (1B), sections 109 to 112 have effect
where compensation is payable by the Mayor of London
10under section 107(1) as if references to the local planning
authority (however expressed) were references to the Mayor
of London.

(1B) Subsection (1A)(b) does not apply to section 110(2) or (4).””

(5) In subsection (2)—

(a) 15after “a local development order” insert “, a Mayoral development
order”, and

(b) after “revocation” in both places insert “, revision”.

(6) In subsection (3B) after paragraph (b) insert—

“(ba) in the case of planning permission granted by a Mayoral
20development order, the condition in subsection (3DA) is met,
or”.”

(7) After subsection (3D) insert—

“(3DA) The condition referred to in subsection (3B)(ba) is that—

(a) the planning permission is withdrawn by the revocation or
25revision of the Mayoral development order,

(b) notice of the revocation or revision was published in the
prescribed manner not less than 12 months or more than the
prescribed period before the revocation or revision took
effect, and

(c) 30either—

(i) the development authorised by the Mayoral
development order had not begun before the notice
was published, or

(ii) section 61DE(3) applies in relation to the
35development.””

16 In section 109(6) (apportionment of compensation for depreciation:
interpretation) in the definition of “relevant planning decision” after “the
local development order” insert “, the Mayoral development order”.

17 In section 171H(1)(a) (compensation for temporary stop notice: application
40where activity authorised by development order etc) after “a local
development order” insert “, a Mayoral development order”.

18 In section 264(5)(ca) (land which is treated as operational land of a statutory
undertaker by virtue of planning permission for its development granted by
a local development order etc) after “a local development order” insert “, a
45Mayoral development order”.

19 (1) Section 303 (fees for planning applications etc) is amended as follows.

(2) After subsection (1) insert—

“(1ZA) The Secretary of State may by regulations make provision for the
payment of a fee to—

(a) the Mayor of London in respect of an application for consent,
5agreement or approval as mentioned in section 61DB(2) or
the giving of advice about such an application;

(b) a specified person in respect of an application for consent,
agreement or approval for which provision is made under
section 61DB(4) or the giving of advice about such an
10application.””

(3) After subsection (10) insert—

“(10A) If the Mayor of London or a specified person calculates the amount
of fees in pursuance of provision made by regulations under
subsection (1ZA) the Mayor of London or the specified person must
15secure that, taking one financial year with another, the income from
the fees does not exceed the cost of performing the function.””

(4) After subsection (11) insert—

“(12) In this section “specified person” means a person specified by
development order under section 61DB(4).””

20 20In section 305(1)(a) (contributions by Ministers towards compensation paid
by local authorities) after “local authority” insert “, the Mayor of London”.

21 In section 324 (rights of entry) after subsection (1A) insert—

“(1B) Any person duly authorised in writing by the Secretary of State, a
local planning authority or the Mayor of London may at any
25reasonable time enter any land for the purpose of surveying it in
connection with—

(a) a proposal by a local planning authority to apply to the
Mayor of London for the Mayor to make a Mayoral
development order, or

(b) 30a proposal by the Mayor of London to make a Mayoral
development order.””

22 (1) Section 333 (regulations and orders) is amended as follows.

(2) In subsection (4) after “61A(5)” insert “, 61DD(4),”.

(3) In subsection (5) after “Wales),” insert “61DD(4),”.

23 35In section 336(1) (interpretation) at the appropriate place insert—

• “““relevant local planning authority” is to be construed in
  accordance with section 61DB(9);”.”

Section 30

SCHEDULE 5 Transfer of responsibility for local land charges to Land Registry

Part 1 Amendments to the Local Land Charges Act 1975

1 5The Local Land Charges Act 1975 is amended as follows.

2 In the italic heading before section 3 for “registers” substitute “register”.

3 For section 3 (registering authorities, local land charges registers, and
indexes) substitute—

“3 The local land charges register

(1) 10The Chief Land Registrar must keep the local land charges register.

(2) The local land charges register is a register of—

(a) each local land charge registered in a local land charges
register for a local authority’s area immediately before this
section first had effect in relation to that area, and

(b) 15each local land charge subsequently registered under section
5 or 6 or another relevant enactment in respect of land which
is wholly or partly within that area.

(3) Subsection (2) is subject to any later variation or cancellation of the
registration of the local land charge.

(4) 20The local land charges register may be kept in electronic form.

(5) In this section—

• “local authority” means—

  (a)

  a district council,

  (b)

  a county council in England for an area for which
  25there is no district council,

  (c)

  a county council in Wales,

  (d)

  a county borough council,

  (e)

  a London borough council,

  (f)

  the Common Council of the City of London, or

  (g)

  30the Council of the Isles of Scilly;

• “relevant enactment” means a provision which is made by or
  under an Act and which provides for the registration of a
  charge or other matter as a local land charge.

(6) For the purposes of this section the area of the Common Council of
35the City of London includes the Inner Temple and the Middle
Temple.””

4 Omit section 4 (the appropriate local land charges register).

5 (1) Section 5 (registration) is amended as follows.

(2) Omit subsection (1).

(3) For subsections (2) and (3) substitute—

“(2) Subject to subsection (6) below, the originating authority as respects
a local land charge must apply to the Chief Land Registrar for its
registration in the local land charges register; and on the application
5being made the Chief Land Registrar must register the charge
accordingly.

(3) The registration in the local land charges register of a local land
charge, or of any matter which when registered becomes a local land
charge, must be carried out by reference to the land affected.””

(4) 10In subsection (6) for “a local land charges register” substitute “the local land
charges register”.

6 (1) Section 6 (local authority’s right to register a general charge against land in
certain circumstances) is amended as follows.

(2) For subsection (2) substitute—

“(2) 15At any time before the specific charge comes into existence, the Chief
Land Registrar must register a general charge against the land,
without any amount being specified, in the local land charges
register if the originating authority make an application for that
purpose.””

(3) 20In subsection (3) for “5(1) and (2)” substitute “5(2)”.

(4) In subsection (4)—

(a) for “pursuant to an application by the originating authority, they”
substitute “the originating authority”, and

(b) for “registering authority” substitute “Chief Land Registrar”.

7 (1) 25Section 8 (personal searches) is amended as follows.

(2) In subsection (1)—

(a) for “any local land charges register” substitute “the local land
charges register”, and

(b) after “fee” insert “(if any)”.

(3) 30In subsection (1A)—

(a) for “a local land charges register is kept otherwise than in
documentary” substitute “the local land charges register is kept in
electronic”, and

(b) for “registering authority” substitute “Chief Land Registrar”.

(4) 35In subsection (2)—

(a) for “a registering authority” substitute “the Chief Land Registrar”,
and

(b) omit “authority’s”.

8 (1) Section 9 (official searches) is amended as follows.

(2) 40In subsection (1)—

(a) omit “appropriate”, and

(b) for “registering authority” substitute “Chief Land Registrar”.

(3) Omit subsection (2).

(4) For subsections (3) and (3A) substitute—

“(3) The prescribed fee (if any) shall be payable in the prescribed manner
in respect of any requisition made under this section.””

(5) In subsection (4)—

(a) 5for “a registering authority” substitute “the Chief Land Registrar”,

(b) omit “or (3A)”, and

(c) for “the registering authority” substitute “the Chief Land Registrar”.

(6) In consequence of the amendment made by sub-paragraph (5)(b), in
Schedule 4 to the Constitutional Reform Act 2005 omit paragraph 84(3)(b).

9 (1) 10Section 10 (compensation for non-registration or defective official search
certificate) is amended as follows.

(2) In subsection (1)—

(a) omit “appropriate” in each place,

(b) in paragraph (aa) for “in a case where” substitute “if”, and

(c) 15in that paragraph for “otherwise than in documentary” substitute “in
electronic”.

(3) Omit subsection (2).

(4) In subsection (4) for “registering authority in whose area the land affected is
situated” substitute “Chief Land Registrar”.

(5) 20In subsection (5)—

(a) for the words from “a registering authority” to “not the originating
authority” substitute “the Chief Land Registrar”, and

(b) for “the registering authority” in each place substitute “the Chief
Land Registrar”.

(6) 25After that subsection insert—

“(5A) An amount equal to any compensation paid under this section by the
Chief Land Registrar in respect of a local land charge is also
recoverable from the originating authority in a case where the matter
within subsection (1) giving rise to the Chief Land Registrar’s
30liability is a consequence of—

(a) an error made by the originating authority in applying to
register the local land charge, or

(b) an error made by the originating authority in applying for the
registration of the local land charge to be varied or
35cancelled.””

(7) In subsection (6)—

(a) for “a registering authority” substitute “the Chief Land Registrar”,

(b) for “that authority” substitute “the Chief Land Registrar”,

(c) after “(5)” in each place insert “or (5A)”, and

(d) 40for “the registering authority” substitute “the Chief Land Registrar”.

(8) After subsection (6) insert—

“(6A) The Chief Land Registrar may insure against the risk of liability to
pay compensation under this section.””

(9) In subsection (7) for “Limitation Act 1939” substitute “Limitation Act 1980”.

(10) In subsection (9) for “registering authority’s” substitute “Chief Land
Registrar’s”.

10 In section 12 (office copies as evidence) for “any local land charges register”
5substitute “the local land charges register”.

11 In section 13 (protection of solicitors, trustees etc) for “a local land charges
register” substitute “the local land charges register”.

12 (1) Omit section 13A (specification of fees by registering authorities in
England).

(2) 10In consequence of the amendment made by sub-paragraph (1), in Schedule
4 to the Constitutional Reform Act 2005 omit paragraph 83.

13 (1) Section 14 (rules) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) for “registering authorities” substitute “the Chief
15Land Registrar”,

(b) after paragraph (f) insert—

“(fa) as to the variation without an order of the court of the
registration of a local land charge—

(i) on the application or with the consent of the
20person by whom it is enforceable, or

(ii) of the Chief Land Registrar’s own motion;”,”

(c) for paragraph (g) substitute—

“(g) as to the cancellation without an order of the court of
the registration of a local land charge—

(i) 25on its cesser,

(ii) on the application or with the consent of the
person by whom it is or was enforceable, or

(iii) of the Chief Land Registrar’s own motion;”,
and”

(d) 30for paragraph (h) substitute—

“(h) for prescribing the fees to be paid to the Chief Land
Registrar for services relating to local land charges
provided by the Chief Land Registrar.””

(3) In subsection (2)—

(a) 35in paragraph (a) for “any local land charges register” substitute “the
local land charges register”,

(b) after paragraph (a) insert—

“(aa) power to make rules—

(i) prescribing different fees for different services
40or descriptions of service;

(ii) prescribing services or descriptions of service
for which no fees are payable;”, and”

(c) for paragraph (b) and the “and” at the end of that paragraph
substitute—

“(b) 45power to make rules about communications for the
purposes of this Act, or any statutory provision by

virtue of which any matter is registrable in the local
land charges register, including rules as to—

(i) the particular means of communication which
may or must be used for such purposes
5(which may include an electronic means of
communication),

(ii) the circumstances in which a particular means
of communication may or must be used
(which may be all circumstances, subject to
10exceptions);

(iii) the form or contents of anything sent using a
particular means of communication;

(ba) power to make rules requiring or enabling anything
which is provided to or by the Chief Land Registrar
15for the purposes of this Act, or any statutory
provision by virtue of which any matter is registrable
in the local land charges register, to be provided in
electronic form;

(bb) power to make rules enabling the Chief Land
20Registrar, or a person providing services to the Chief
Land Registrar, to determine—

(i) any matter within paragraph (b), or

(ii) whether anything of the kind referred to in
paragraph (ba) may or must be provided in
25electronic form; and”.”

(4) Sub-paragraphs (5) and (6) apply to the function of the Lord Chancellor
under section 14(1) of the Local Land Charges Act 1975 as amended by this
paragraph so far as it relates to the power to make rules for prescribing fees
and the manner of payment of fees (“the new function”).

(5) 30The new function is to be treated as having been transferred to the Welsh
Ministers by—

(a) the National Assembly for Wales (Transfer of Functions) Order 2004
(S.I. 2004/3044S.I. 2004/3044), and

(b) Schedule 11 to the Government of Wales Act 2006,

35in the same way as the equivalent function of the Lord Chancellor under that
section as it had effect apart from this paragraph (“the old function”).

(6) A provision made by that Order or that Act in respect of the old function
continues to apply to the new function.

14 In section 15(b) (expenses) for “a registering authority” substitute “the Chief
40Land Registrar”.

15 (1) Section 16 (interpretation) is amended as follows.

(2) In subsection (1) omit the definitions of “the appropriate local land charges
register” and “the registering authority”.

(3) In subsection (1A) for “otherwise than in documentary” substitute “in
45electronic”.

16 In section 19(4) (transitional provision) omit the words from “In so far as” to
“so made, but”.

Part 2 Amendments to the Land Registration Act 2002

17 The Land Registration Act 2002 is amended as follows.

18 In section 100 (conduct of business) after subsection (2) insert—

“(2A) 5Subsections (1) and (2) apply to all functions of the registrar, whether
or not conferred by this Act.””

19 In section 106(1) (incidental powers of registrar in relation to companies)
after “Schedule 5,” insert “or under the Local Land Charges Act 1975,”.

20 In paragraph 4 of Schedule 7 (indemnity for members of the land registry in
10relation to functions relating to land registration) after “land registration”
insert “or local land charges”.

Part 3 Amendments to other Acts

Law of Property Act 1925 (c. 20)1925 (c. 20)

21 15In section 198(1) of the Law of Property Act 1925 (registration in local land
charges register to be notice) for “any local land charges register” substitute
“the local land charges register”.

Requisitioned Land and War Works Act 1948 (c. 17)1948 (c. 17)

22 In section 14 of the Requisitioned Land and War Works Act 1948
20(registration of rights as to government oil pipelines)—

(a) in subsections (1) and (4)(b) omit “appropriate”,

(b) in subsection (1) for “authority keeping that register that authority”
substitute “Chief Land Registrar, the Chief Land Registrar”, and

(c) in subsection (4) for “a local land charges register” substitute “the
25local land charges register”.

Cheshire County Council Act 1953 (c. xl)

23 In section 25(3) of the Cheshire County Council Act 1953 (notice preventing
building next to proposed street to be void unless registered as a local land
charge) omit the words from “Provided that” to “local land charge”.

30Land Powers (Defence) Act 1958 (c. 30)1958 (c. 30)

24 The Land Powers (Defence) Act 1958 is amended as follows.

25 In section 12 (extension of provisions of Requisitioned Land and War Works
Acts) in each of subsections (2) and (5) for “appropriate register of local land
charges” substitute “local land charges register”.

26 35In section 17 (registration of wayleave orders and restrictions under section
16)—

(a) in subsections (2)(a), (2A) and (3)(b) omit “appropriate”,

(b) in subsection (2A) for “authority keeping that register” substitute
“Chief Land Registrar”, and

(c) in subsection (3) for “a local land charges register” substitute “the
local land charges register”.

5Rights of Light Act 1959

27 The Rights of Light Act 1959 is amended as follows.

28 (1) Section 2 (registration of notice in lieu of obstruction of access of light) is
amended as follows.

(2) In subsection (1) for “local authority in whose area the dominant building is
10situated” substitute “Chief Land Registrar”.

(3) In subsection (2) omit “be in the prescribed form and shall”.

(4) In subsection (3) after “accompanied by” insert “ a copy of”.

(5) In subsection (4)—

(a) for “a local authority” substitute “the Chief Land Registrar”,

(b) 15for “that authority” substitute “the Chief Land Registrar”,

(c) omit “appropriate”, and

(d) in paragraph (b) for “5(1) and (2)” substitute “5(2)”.

29 In section 3(2)(c) (period for which notice has effect)—

(a) after “expires without” insert “a copy of”, and

(b) 20for “local authority” substitute “Chief Land Registrar”.

30 In section 7(1) (interpretation)—

(a) for the definition of “prescribed” substitute—

• “““prescribed” means prescribed by rules under section
  14 of the Local Land Charges Act 1975;”, and”

(b) 25omit the definition of “local authority”.

31 In consequence of the amendment made by paragraph 30(b), in Schedule 1
to the Local Land Charges Act 1975 omit paragraph (c) of the amendments
to the Rights of Light Act 1959.

Leasehold Reform Act 1967 (c. 88)1967 (c. 88)

32 30In section 19(10) of the Leasehold Reform Act 1967 (registration of scheme or
certificate under section 19 in appropriate local land charges register) in the
opening words omit “appropriate”.

Land Compensation Act 1973 (c. 26)1973 (c. 26)

33 In section 52(9) of the Land Compensation Act 1973 (registration of advance
35payment of compensation in appropriate local land charges register) omit
“appropriate”.

Interpretation Act 1978 (c. 30)1978 (c. 30)

34 In Schedule 1 to the Interpretation Act 1978 (words and expressions defined)
in the entry containing definitions of “local land charges register” and “the
40appropriate local land charges register”—