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(4) A scheme may contain provision for interests, rights or liabilities of third
parties in relation to anything to which the scheme relates to be modified in
the manner set out in the scheme.

(5) Paragraph 2(2) applies to the creation of interests and rights in accordance
5with a scheme as it applies to the transfer of interests and rights.

Obligation to effect transfers etc under a scheme

4 (1) A scheme may contain provision for imposing on a transferee or a transferor
an obligation—

(a) to enter into such agreements with another person on whom a
10corresponding obligation is, could be or has been, imposed by virtue
of this paragraph (whether in the same or a different scheme), or

(b) to execute such instruments in favour of any such person,

as may be specified or described in the scheme.

(2) That other person may enforce an obligation imposed on a transferor or a
15transferee by virtue of sub-paragraph (1) in civil proceedings.

Effect of scheme

5 (1) Where a scheme provides for the transfer of property, rights or liabilities, or
for the creation of interests, rights or liabilities—

(a) the property or interests, rights or liabilities vest, without further
20assurance, in the transferee at that time, and

(b) the provisions of that scheme in relation to that property or those
interests, rights or liabilities have effect from the time when the
scheme comes into force.

(2) Sub-paragraph (1) is subject to provision under a scheme for—

(a) 25the transfer of property, rights or liabilities, or

(b) the creation of interests, rights and liabilities,

to be effected by or under an agreement or instrument entered into or
executed in pursuance of an obligation imposed by virtue of paragraph 4(1).

(3) A certificate issued by the Secretary of State that any property, rights or
30liabilities have been transferred under a scheme is conclusive evidence of the
transfer.

Powers and duties under statutory provisions

6 (1) A scheme may make provision for some or all of the powers and duties to
which this paragraph applies—

(a) 35to be transferred to a transferee,

(b) to become powers and duties that are exercisable, or must be
performed, concurrently by two or more transferees, or

(c) to become powers and duties that are exercisable, or must be
performed, concurrently by a transferor and a transferee.

(2) 40The powers and duties to which this paragraph applies are the powers and
duties conferred or imposed upon a transferor by or under an enactment so
far as they relate to—

(a) property to be transferred in accordance with the scheme,

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(b) carrying out works designed to be used in connection with such
property, or

(c) acquiring land for the purpose of carrying out such works.

(3) This paragraph does not require a restrictive construction to be given to
5what may be transferred by virtue of paragraph 2(1)(e).

Supplementary provisions of schemes

7 (1) A scheme may—

(a) make such incidental, supplemental, consequential and transitional
provision in connection with the scheme as the Secretary of State
10thinks fit;

(b) make different provision for different cases.

(2) In particular, a scheme may make provision—

(a) for the transferee to be treated as the same person in law as the
transferor;

(b) 15for agreements made, transactions effected or other things done by
or in relation to the transferor to be treated, so far as may be
necessary for the purposes of or in connection with the transfer, as
made, effected or done by or in relation to the transferee;

(c) for references in an agreement, instrument or other document to the
20transferor, or to an employee or office holder of the transferor, to
have effect, so far as may be necessary for the purposes of or in
connection with a transfer, with such modifications as are specified
in the scheme;

(d) for proceedings commenced by or against the transferor to be
25continued by or against the transferee.

(3) Sub-paragraph (2)(c) does not apply to references in an enactment.

Modification of a scheme by agreement

8 (1) Where the transferor and transferee under a scheme that has come into force
so agree, the scheme is to be treated for all purposes as having come into
30force with such modifications as may be agreed.

(2) An agreement under this paragraph which relates to rights and liabilities
under a contract of employment may be entered into only if the employee is
a party to the agreement.

(3) An agreement under this paragraph that adversely affects the property or
35rights of a person other than the transferor, the transferee or such an
employee may be entered into only if that person is a party to the agreement.

(4) An agreement under this paragraph may include—

(a) any provision that could have been contained in the scheme;

(b) incidental, supplemental, consequential and transitional provision
40in connection with any such provision.

Continuity of employment etc

9 (1) Where in accordance with a scheme a person employed by a transferor
becomes an employee of a transferee—

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(a) that person is not to be regarded for the purposes of Part 11
(redundancy payments etc) of the Employment Rights Act 1996 as
having been dismissed by virtue of the transfer,

(b) that person’s period of employment with the transferor counts for
5the purposes of that Act as a period of employment with the
transferee, and

(c) the change of employment does not break the continuity of the
period of employment for the purposes of that Act.

(2) Where a transfer scheme contains provision for the transfer of rights and
10liabilities relating to a person’s contract of employment but, before the
transfer takes effect, the person informs the transferor or the transferee that
the person objects to the transfer—

(a) those rights and liabilities are not transferred under the transfer
scheme,

(b) 15the person’s contract of employment is terminated immediately
before the day on which the transfer would occur, and

(c) the person is not, for any purpose, to be regarded as having been
dismissed.

(3) Nothing in sub-paragraph (2) affects the person’s right to terminate the
20contract of employment if, apart from the change of employer, a substantial
change is made to the person’s detriment in the person’s working
conditions.

(4) Where a transfer scheme contains provision for the transfer of rights and
liabilities relating to a person’s contract of employment, it may include
25provision with respect to—

(a) the person’s eligibility to become a member of a pension scheme by
virtue of employment with the transferee;

(b) the rights of, or rights or liabilities in respect of, the person under a
pension scheme of which the person may become a member by
30virtue of employment with the transferee;

(aa) the rights of, or rights or liabilities in respect of, the person under a pension scheme of which the person is a member by virtue of employment immediately before the transfer.

Compensation for third parties

10 (1) A third party is entitled to compensation in respect of the extinguishment of
that party’s entitlement where—

(a) 35the entitlement is to an interest or right which would, apart from a
provision of a scheme and paragraph 2(3) and (4), have become
enforceable in respect of the transfer or creation of any property,
rights or liabilities in accordance with the scheme,

(b) the provisions of that scheme or of paragraph 2(3) and (4) have the
40effect of preventing that party’s entitlement to that interest or right
from being enforced in respect of anything for which the scheme
provides, and

(c) provision is not made by the scheme for securing that an entitlement
to that interest or right, or to an equivalent interest or right, is
45preserved or created so as to arise and be enforceable in respect of the
first occasion when corresponding circumstances next occur after the
coming into force of the transfers for which the scheme provides.

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(2) The amount of compensation to which a third party is entitled under this
paragraph is the amount necessary for securing, to the extent that it is just to
do so, that the third party does not suffer financial loss from the
extinguishment of the entitlement.

(3) 5A liability to pay compensation under this paragraph falls on the Secretary
of State.

(4) This paragraph has effect in relation to—

(a) the provisions of an agreement or instrument entered into or
executed in pursuance of an obligation imposed by a scheme, and

(b) 10the provisions of an agreement under paragraph 8 relating to
property, rights or liabilities transferred or created in accordance
with a scheme,

as it has effect in relation to the scheme but as if, in the case of an agreement
under paragraph 8, only persons who are not parties to the agreement were
15third parties.

Provision of information to Secretary of State for the purposes of making a scheme

11 (1) The Secretary of State may direct a strategic highways company, or a former
strategic highways company, to provide such information as he or she may
consider necessary for the purposes of making a scheme.

(2) 20The direction must specify the period within which the information is to be
provided.

(3) The period specified in the direction must be not less than 28 days beginning
with the day on which the direction is given.

(4) If the company fails to comply with the direction, the Secretary of State may
25serve a notice on the company requiring—

(a) production to the Secretary of State of any documents which are
specified or described in the notice and are in the custody or under
the control of that company, or

(b) provision to the Secretary of State of such information as may be
30specified or described in the notice.

(5) Documents or information to be produced or provided in accordance with
such a notice must be produced or provided at the time and place, and in the
form and manner, specified in the notice.

(6) A direction or notice under this paragraph may not require—

(a) 35production of a document which a person could not be compelled to
produce in civil proceedings, or

(b) provision of information which a person could not be compelled to
give in evidence in such proceedings.

(7) If a strategic highways company fails to comply with a notice under sub-
40paragraph (4), the court may, on the application of the Secretary of State,
make such order as the court thinks fit for requiring the failure to be made
good.

(8) Any order under sub-paragraph (7) may include provision requiring all the
costs or expenses of, or incidental to, the application to be borne by one or
45more of the following—

(a) the strategic highways company in default;

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(b) any officers of that company who are responsible for its default.

(9) In this paragraph, reference to the production of a document includes
reference to the production of a legible and intelligible copy of information
recorded otherwise than in legible form.

5Interpretation

12 (1) In this Schedule—

(2) In this Schedule, reference to employment includes reference to
employment in the civil service of the State and, in respect of such
35employment—

(a) reference to a contract of employment is to be treated as a reference
to the terms of employment in the civil service of the State, and

(b) reference to a dismissal is to be treated as a reference to the
termination of the employment.

(3) 40References in this Schedule—

(a) to a right or to an entitlement to a right include references to an
entitlement to exercise a right, and

(b) to a right’s arising include references to its becoming exercisable.

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Section 27

SCHEDULE 4 Mayoral development orders

Part 1 Main amendments

1 5After 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) 10The 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
15class 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) 20unconditionally, 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
25condition to be given by one or more persons specified in the
condition.

(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
30consent, 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
35specified, 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.

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(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) 5an 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
10expressed) 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
15area.

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) 20A 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) 25the 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
30with 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.

(6) If the Mayor of London makes a Mayoral development order, the
35Mayor 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
40authority.

(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).

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(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
5the 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) 10the 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
15provision 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 20Effect 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
25Mayoral 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
30permission 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
35determination that subsection (3) is not to apply in relation to
development specified in the determination.

(5) A determination under subsection (4) must be published in such
manner as the Mayor of London thinks appropriate.

(6) If the permission is withdrawn because the Mayoral development
40order is revoked by an order made by the Secretary of State under
section 61DD, the order under that section may provide that
subsection (3) is not to apply in relation to development specified in
that order.

(7) If the permission is withdrawn because the order is revised as
45mentioned in subsection (2)(b), the revised order may provide that

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subsection (3) is not to apply in relation to development specified in
the order.

(8) The power under this section to include provision in an order under
section 61DD or a Mayoral development order may be exercised
5differently for different purposes.

Part 2 Consequential amendments

2 The Town and Country Planning Act 1990 is amended as follows.

3 In section 56(5)(a) (time when development begun where planning
10permission granted by general or local development order) for “or a local
development order” substitute “, a local development order or a Mayoral
development order”.

4 In section 57(3) (planning permission not required for normal use of land
where planning permission for development of land granted by
15development order etc) after “a local development order” insert “, a Mayoral
development order”.

5 In section 58(1) (planning permission may be granted by development order
etc) after “a local development order” insert “, a Mayoral development
order”.

6 20In section 62(2A) (applications for planning permission: 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) applications for consent, agreement or approval as
25mentioned in section 61DB(2), and

(b).

7 In section 65(3A) (notice etc of applications for planning permission:
references in subsections (1) and (3) to applications for planning permission
etc to include applications under section 61L(2) etc) after “references to” in
30the second place insert

(a) any application for consent, agreement or approval as
mentioned in section 61DB(2) or any applicant for such
consent, agreement or approval, and

(b).

8 (1) 35Section 69 (register of applications etc) is amended as follows.

(2) In subsection (1) (duty of local planning authority to keep register
containing information about planning applications etc) after paragraph (c)
insert—

(cza) Mayoral development orders;.

(3) 40In subsection (2)(b) (requirement for register to contain information about
local development orders etc) after “local development order,” insert
“Mayoral development order,”.

9 (1) Section 71 (consultations in connection with determinations under section
70) is amended as follows.

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(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”.

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