Localism Bill (HL Bill 71)

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(3) In subsection (1)(b) (which refers to decision that application be handled by
a single Commissioner) for “Commissioner” substitute “appointed person”.

(4) In subsection (2) (meaning of “the single Commissioner”) for
“Commissioner” substitute “appointed person”.

(5) 5In the heading, and in the italic heading immediately preceding the section,
for “Commissioner” substitute “appointed person”.

(6) In the heading of Chapter 3 of Part 6 for “single-Commissioner” substitute
single-appointed-person”.

31 For section 79 (Commission chair must appoint single Commissioner)
10substitute—

79 Appointment of single appointed person

The Secretary of State must appoint a person to handle the
application.

32 (1) Amend section 80 (person ceasing to be single Commissioner) as follows.

(2) 15Omit subsection (1) (generally, person ceases to be single Commissioner on
ceasing to be a Commissioner).

(3) In subsection (2) (single Commissioner may resign by notice to
Commission)—

(a) for “Commissioner” substitute “appointed person”, and

(b) 20for “Commission” substitute “Secretary of State”.

(4) In subsection (3) (Commission chair may remove single Commissioner)—

(a) for “person appointed to chair the Commission (“the chair”)”
substitute “Secretary of State”,

(b) for “Commissioner” (in both places) substitute “appointed person”,
25and

(c) for “if the chair” substitute “if the Secretary of State”.

(5) In the heading for “Commissioner” substitute “appointed person”.

33 Omit section 81 (single Commissioner continuing though ceasing to be
Commissioner).

34 30In section 82 (appointment of replacement single Commissioner) for
“Commissioner” (in each place, including in the heading) substitute
“appointed person”.

35 (1) Amend section 83 (single Commissioner to examine and report on
application) as follows.

(2) 35In subsections (1) and (3), in the heading, and in the italic heading
immediately preceding the section, for “Commissioner” (in each place,
including in the word “Commissioner’s”) substitute “appointed person”.

(3) In subsection (1)(b) (duty to make report) after “making a report” insert “to
the Secretary of State”.

(4) 40Omit subsection (2) (report to be made to the Commission in some cases and
to the Secretary in other cases).

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(5) Omit subsection (4) (duty of Commission staff to support single
Commissioner).

36 Omit sections 84 and 85 (procedure where single Commissioner’s report
made to Commission) and the italic heading immediately preceding section
584.

Examination of applications

37 In section 86 (Chapter applies to examination by Panel or single
Commissioner), and in its heading, for “Commissioner” (in each place)
substitute “appointed person”.

38 10Omit section 87(2)(b) (Examining authority to have regard to guidance given
by Secretary of State or Commission).

39 In section 92 (notifying Commission that compulsory acquisition hearing
wanted) for “Commission” (in each place) substitute “Secretary of State”.

40 In section 93 (notifying Commission that open-floor hearing wanted) for
15“Commission” (in both places) substitute “Secretary of State”.

41 In section 94(2)(b) (Panel member or single Commissioner to preside over
hearing) for “Commissioner” substitute “appointed person”.

42 After section 95 insert—

95A Hearings: defence and national security

(1) 20Subsection (2) applies if the Secretary of State is satisfied that if all or
part of the Examining Authority’s examination of the application
takes the form of a meeting or hearing—

(a) the making of particular oral representations at such a
meeting or hearing would be likely to result in the disclosure
25of information as to defence or national security, and

(b) the public disclosure of that information would be contrary
to the national interest.

(2) The Secretary of State may direct that representations of a
description specified in the direction may be made only to persons of
30a description so specified (instead of being made in public).

(3) If the Secretary of State gives a direction under subsection (2), the
Attorney General (or where the representations are to be made in
Scotland) the Advocate General for Scotland may appoint a person
(an “appointed representative”) to represent the interests of an
35interested party who (by virtue of the direction) is prevented from
being present when the representations are made.

(4) Rules under section 97 may (in particular) make provision as to the
functions of an appointed representative.

(5) The Secretary of State may direct a person (a “responsible person”) to
40pay the fees and expenses of an appointed representative if the
Secretary of State thinks that the responsible person is interested in a
meeting or hearing in relation to any representations that are the
subject of a direction under subsection (2).

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(6) Subsections (7) and (8) apply if the Secretary of State gives a direction
under subsection (5).

(7) If the appointed representative and the responsible person are
unable to agree the amount of the fees and expenses, the amount
5must be determined by the Secretary of State.

(8) The Secretary of State must cause the amount agreed between the
appointed representative and the responsible person, or determined
by the Secretary of State, to be certified.

(9) An amount so certified is recoverable from the responsible person as
10a civil debt.

(10) In this section “representations” includes evidence.

43 In section 96(1)(c) (which refers to representations received by the
Commission) for “Commission” substitute “Secretary of State”.

44 (1) Amend section 98 (timetable for examining, and reporting on, application)
15as follows.

(2) In subsection (3) (deadline for making report to Secretary of State) for the
words from the beginning to “its report” substitute “The Examining
authority is under a duty to make its report under section 74(2)(b) or
83(1)(b)”.

(3) 20In subsection (4) (Commission chair may extend deadlines under the
section) for “person appointed to chair the Commission” substitute
“Secretary of State”.

(4) For subsection (6) (extensions of deadlines to be reported to Secretary of
State and in Commission’s annual report) substitute—

(6) 25Subsections (7) and (8) apply where the power under subsection (4)
is exercised.

(7) The Secretary of State must—

(a) notify each interested party of the new deadline, and

(b) publicise the new deadline in such manner as the Secretary of
30State thinks appropriate.

(8) The Secretary of State exercising the power must make a statement,
to the House of Parliament of which that Secretary of State is a
member, announcing the new deadline.

(9) A statement under subsection (8) may be written or oral.

45 (1) 35Amend section 100 (Commission chair may appoint assessors at request of
Examining authority) as follows.

(2) In subsection (1) for “person appointed to chair the Commission (“the
chair”)” substitute “Secretary of State”.

(3) In subsection (2) for “chair” substitute “Secretary of State”.

46 40In section 101(1) (Commission chair may appoint lawyer to assist Examining
authority) for “person appointed to chair the Commission” substitute
“Secretary of State”.

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47 In section 102(4) (meaning of “relevant representation”) for “Commission”
(in each place) substitute “Secretary of State”.

Decisions on applications

48 (1) Amend section 103 as follows.

(2) 5In subsection (1) (cases where Secretary of State is the decision-maker) omit
the words after “consent”.

(3) Omit subsection (2) (meaning in Act of “decision-maker”).

(4) For the heading substitute “Secretary of State is to decide applications”.

49 (1) Amend section 104 (decisions of Panel and Council) as follows.

(2) 10In subsection (1) for “the decision-maker is a Panel or the Council” substitute
“a national policy statement has effect in relation to development of the
description to which the application relates”.

(3) In subsection (2)—

(a) for “Panel or Council” (in both places) substitute “Secretary of State”,

(b) 15in paragraph (b) for “Commission” substitute “Secretary of State”,
and

(c) in paragraph (d) for “its” substitute “the Secretary of State’s”.

(4) In subsections (3) and (4) for “Panel or Council” substitute “Secretary of
State”.

(5) 20In subsection (5)—

(a) for “Panel or Council is” substitute “Secretary of State is”, and

(b) for “Panel or Council, or the Commission, being in breach of any
duty imposed on it” substitute “Secretary of State being in breach of
any duty imposed on the Secretary of State”.

(6) 25In subsections (6), (7) and (8) for “Panel or Council” substitute “Secretary of
State”.

(7) For the heading substitute “Decisions in cases where national policy
statement has effect”

50 (1) Amend section 105 (decisions of Secretary of State) as follows.

(2) 30In subsection (1) for “if the decision-maker is the Secretary of State”
substitute “if section 104 does not apply in relation to the application”.

(3) In subsection (2)(a) (which refers to reports submitted to the Commission)
for “Commission” substitute “Secretary of State”.

(4) For the heading substitute “Decisions in cases where no national policy
35statement has effect”.

51 In section 106(1) (representations which decision-maker may disregard) for
“decision-maker” (in both places) substitute “Secretary of State”.

52 (1) Section 107 (timetable for decisions) is amended as follows.

(2) In subsection (1) (deadline for deciding application)—

(a) 40for “decision-maker” substitute “Secretary of State”, and

(b) for “day after the start day” substitute “deadline under section 98(3)”.

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(3) Omit subsection (2) (meaning of “the start day”).

(4) In subsection (3) (extension of deadline) for “appropriate authority”
substitute “Secretary of State”.

(5) Omit subsection (4) (meaning of “appropriate authority”).

(6) 5For subsections (6) to (9) (publicising deadline extensions) substitute—

(6) Subsection (7) applies where the power under subsection (3) is
exercised.

(7) The Secretary of State exercising the power must make a statement,
to the House of Parliament of which that Secretary of State is a
10member, announcing the new deadline.

(8) A statement under subsection (7) must be published in such form
and manner as the Secretary of State considers appropriate.

(8A) A statement under subsection (7) may be written or oral.

Suspension of decision-making process

53 15In section 108(2) (suspension of proceedings on application) for the words
from “the following” to the end substitute “examination of the application
by a Panel under Chapter 2, or a single appointed person under Chapter 3,
is suspended (if not already completed).”

Intervention by Secretary of State

54 20In Part 6, omit Chapter 7 (which consists of sections 109 to 113 and Schedule
3).

Grant or refusal

55 (1) Section 114 (decision-maker to grant or refuse consent) is amended as
follows.

(2) 25In subsection (1)—

(a) for “it” substitute “the Secretary of State”, and

(b) for “decision-maker” substitute “Secretary of State”.

(3) In subsection (2) for “decision-maker” substitute “Secretary of State”.

56 Omit section 115(6) (Panel or Council to have regard to Secretary of State’s
30guidance in deciding whether development is associated).

57 (1) Amend section 116 (reasons) as follows.

(2) In subsection (1)—

(a) for “decision-maker” substitute “Secretary of State”, and

(b) for “its” substitute “the Secretary of State’s”.

(3) 35In subsection (2) for “appropriate authority” substitute “Secretary of State”.

(4) In subsection (3)—

(a) for “appropriate authority” substitute “Secretary of State”, and

(b) for “the authority” substitute “the Secretary of State”.

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(5) Omit subsection (4) (meaning of “appropriate authority”).

58 (1) Amend section 117 (orders granting consent: formalities) as follows.

(2) Omit subsections (2) and (5) (orders made by Panel or Council).

(3) In subsection (3) (duty to publish order)—

(a) 5for “appropriate authority” substitute “Secretary of State”, and

(b) for “the authority” substitute “the Secretary of State”.

(4) For subsection (4) (order exercising powers under section 120(5)(a) or (b)
must be in statutory instrument) substitute—

(4) If the order includes provision—

(a) 10made under section 120(3) for or relating to any of the matters
listed in paragraphs 32A and 32B of Schedule 5, or

(b) made in the exercise of any of the powers conferred by
section 120(5)(a) or (b),

the order must be contained in a statutory instrument.

(5) 15In subsection (6) for “is made, the appropriate authority” substitute
“containing the order is made, the Secretary of State”.

(6) Omit subsection (7) (meaning of “appropriate authority”).

59 (1) Amend section 118 (legal challenges) as follows.

(2) In subsection (3) (challenges to Commission decision not to accept
20application) for “Commission” (in both places) substitute “Secretary of
State”.

(3) In subsection (7) (other challenges to things done by Secretary of State or
Commission) omit “or the Commission”.

Orders granting development consent

60 (1) 25Amend section 120 (what may be contained in order) as follows.

(2) In subsection (5)(b) and (c) (order may contain provision that appears
necessary or expedient to decision-maker) for “decision-maker” substitute
“Secretary of State”.

(3) For subsection (8) (order may not create offences or make byelaws or confer
30or amend power to do so) substitute—

(8) With the exception of provision made under subsection (3) for or
relating to any of the matters listed in paragraph 32B of Schedule 5,
an order granting development consent may not include—

(a) provision creating offences,

(b) 35provision conferring power to create offences, or

(c) provision changing an existing power to create offences.

61 Omit section 121 (Secretary of State’s control of exercise of legislative
powers by Panel or Council).

62 In sections 122(1) and 123(1) (compulsory acquisition may be authorised
40only if decision-maker satisfied conditions met) for “decision-maker”
substitute “Secretary of State”.

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63 Omit section 124 (guidance to Panels and Council about authorising
compulsory acquisition).

64 (1) Amend section 127 (statutory undertakers’ land) as follows.

(2) In subsection (1)(c) (decision-maker must be satisfied as to use of land) for
5“decision-maker” substitute “Secretary of State”.

(3) Omit subsection (7)(b) (Secretary of State to notify Commission).

65 Omit sections 131(10)(b) and 132(10)(b) (Secretary of State to notify
Commission).

66 (1) Amend section 136 (public rights of way) as follows.

(2) 10In subsection (1) (decision-maker must be satisfied) for “decision-maker”
substitute “Secretary of State”.

(3) In subsections (4)(b) and (5) (revival of right extinguished in connection with
abandoned acquisition proposal) for “appropriate authority” substitute
“Secretary of State”.

(4) 15Omit subsection (6) (meaning of “appropriate authority”).

67 In section 138(4)(a) (decision-maker must be satisfied) for “decision-maker”
substitute “Secretary of State”.

68 (1) Amend section 147 (Green Belt land) as follows.

(2) In subsection (2) (decision-maker’s duty to notify) for “decision-maker”
20substitute “Secretary of State”.

(3) Omit subsection (3) (cases where Secretary of State not decision-maker).

69 In section 235(1) (interpretation of Act) omit the definitions of—

  • “the Commission”,

  • “Commissioner”,

  • 25“the Council”, and

  • “decision-maker”.

70 (1) Amend Schedule 4 (corrections of errors in development consent decisions)
as follows.

(2) In paragraph 1(1)(a) for “decision-maker” substitute “Secretary of State”.

(3) 30In paragraph 1(4), (5) and (7) for “appropriate authority” (in each place)
substitute “Secretary of State”.

(4) Omit paragraph 1(9) (instruments made by the Commission).

(5) In paragraph 1(10) for “is made, the appropriate authority” substitute
“containing the order is made, the Secretary of State”.

(6) 35In paragraph 2 for “appropriate authority” (in each place) substitute
“Secretary of State”.

(7) In paragraph 2(4) (Secretary of State may specify other persons to whom
correction notice is to be given) for the words after “may” substitute “give
the correction notice to persons other than those to whom sub-paragraph (3)
40requires it to be given.”

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(8) In paragraph 4 omit the definition of “the appropriate authority”.

71 (1) Amend Schedule 5 (provisions relating to, or to matters ancillary to,
development) as follows.

(2) In paragraph 18 (order granting development consent may make provision
5for or relating to charging tolls, fares and other charges) after “fares” insert
“(including penalty fares)”.

(3) After paragraph 32 insert—

32A The making of byelaws by any person and their enforcement.

32B (1) The creation of offences within sub-paragraph (2) in connection
10with—

(a) non-payment of tolls, fares or other charges,

(b) a person’s failure to give the person’s name or address in
accordance with provision relating to penalty fares,

(c) enforcement of byelaws, or

(d) 15construction, improvement, maintenance or management
of a harbour.

(2) An offence is within this sub-paragraph if—

(a) it is triable only summarily,

(b) a person guilty of the offence is not liable to imprisonment,
20and

(c) any fine to which a person guilty of the offence may be
liable cannot be higher than level 3 on the standard scale.

72 (1) Amend Schedule 6 (changes to, and revocation of, orders) as follows.

(2) Omit paragraph 1(4) (meaning of “appropriate authority”).

(3) 25Except in paragraphs 3(6) and (7) and 6(2), for “appropriate authority” (in
each place) substitute “Secretary of State”.

(4) In paragraph 2(1) for “it” substitute “the Secretary of State”.

(5) In paragraph 2(4) for “Commission” substitute “Secretary of State”.

(6) Omit paragraph 2(10) (instruments made by Commission).

(7) 30In paragraph 2(11) after “instrument” insert “containing the order”.

(8) Omit paragraph 3(6) (cases where Commission is appropriate authority).

(9) In paragraph 3(7) for “Where the appropriate authority is the Secretary of
State, the” substitute “The”.

(10) Omit paragraph 4(8) (instruments made by Commission).

(11) 35In paragraph 4(9) after “instrument” insert “containing the order”.

(12) In paragraph 6(2) for the words after “payable to the person” substitute “by
the Secretary of State.”

73 In Schedule 12 (application of Act to Scotland: modifications) in paragraph
27 (application of Part 1 of Schedule 5) after “32” insert “, 32B(1)(a), (b) and
40(d)”.

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Part 2 Other amendments

Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

74 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
5subject to investigation) omit the entry for the Infrastructure Planning
Commission.

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

75 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) omit the entry for the
10Infrastructure Planning Commission.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

76 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) omit the entry for
the Infrastructure Planning Commission.

15Town and Country Planning Act 1990 (c. 8)Town and Country Planning Act 1990 (c. 8)

77 (1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 106A(11) (modification and discharge of planning obligations:
meaning of “appropriate authority”)—

(a) in paragraph (aa) (Secretary of State is appropriate authority in
20certain development consent cases) omit the words after “any
development consent obligation”, and

(b) omit paragraph (ab) (Commission is appropriate authority in all
other development consent cases).

(3) In section 106B(1) (planning obligation appeals otherwise than from
25Secretary of State or Commission) omit “or the Infrastructure Planning
Commission”.

(4) In section 106C (development consent obligations: legal challenges) omit “or
the Infrastructure Planning Commission” (in both places).

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

78 30In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) omit the entry for the Infrastructure Planning
Commission.

Government of Wales Act 2006 (c. 32)Government of Wales Act 2006 (c. 32)

79 In Part 1 of Schedule 7 to the Government of Wales Act 2006 (subjects to
35which provisions of Acts of the Assembly may relate) in the exception to
paragraph 18 (Town and Country Planning) for “Functions of the
Infrastructure Planning Commission or any of its members under the
Planning Act 2008” substitute “Development consent under the Planning
Act 2008”.

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Section 138

SCHEDULE 14 Grounds on which landlord may refuse to surrender and grant tenancies
under section 137

Ground 1

1 5This ground is that any rent lawfully due from a tenant under one of the
existing tenancies has not been paid.

Ground 2

2 This ground is that an obligation under one of the existing tenancies has
been broken or not performed.

10Ground 3

3 This ground is that any of the relevant tenants is subject to an order of the
court for possession of the dwelling-house let on that tenant’s existing
tenancy.

Ground 4

4 (1) 15This ground is that either of the following conditions is met.

(2) The first condition is that—

(a) proceedings have begun for possession of a dwelling-house let on an
existing tenancy which is a secure tenancy, and

(b) possession is sought on one or more of grounds 1 to 6 in Part 1 of
20Schedule 2 to the Housing Act 1985 (grounds on which possession
may be ordered despite absence of suitable accommodation).

(3) The second condition is that—

(a) a notice has been served on a relevant tenant under section 83 of that
Act (notice of proceedings for possession), and

(b) 25the notice specifies one or more of those grounds and is still in force.

Ground 5

5 (1) This ground is that either of the following conditions is met.

(2) The first condition is that—

(a) proceedings have begun for possession of a dwelling-house let on an
30existing tenancy which is an assured tenancy, and

(b) possession is sought on one or more of the grounds in Part 2 of
Schedule 2 to the Housing Act 1988 (grounds on which the court may
order possession)

(3) The second condition is that—

(a) 35a notice has been served on a relevant tenant under section 8 of that
Act (notice of proceedings for possession), and

(b) the notice specifies one or more of those grounds and is still in force.