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Guidance about pre-application procedure

9 In section 50(2) (guidance may be issued by Commission or Secretary of
State) omit “the Commission or”.

Advice for potential applicants and others

10 (1) 5Section 51 (giving of advice by Commission and disclosure of advice and
requests for advice) is amended as follows.

(2) In subsection (1) for “The Commission may give advice to an applicant or
potential applicant, or to others,” substitute “This section applies to advice”.

(3) For subsections (2) to (4) substitute—

(3) 10The Secretary of State may by regulations make provision about the
giving of advice to which this section applies.

(4) In particular, regulations under subsection (3) may make provision
that has the effect that—

(a) a request for advice made by an applicant, potential applicant
15or other person, or

(b) advice given to an applicant, potential applicant or other
person,

must be, or may be, disclosed by the Secretary of State to other
persons or to the public generally.

20Information about, and entry onto, land

11 In section 52(2) and (4) (authorisation by Commission to serve notice
requiring names and addresses of persons with interests in land) for
“Commission” substitute “Secretary of State”.

12 (1) Amend section 53 (rights of entry) as follows.

(2) 25In subsections (1) and (2) (Commission may authorise entry) for
“Commission” (in each place) substitute “Secretary of State”.

(3) In subsection (4)(c) for “Commission’s” substitute “Secretary of State’s”.

Acceptance of applications

13 (1) Amend section 55 (acceptance by Commission of applications) as follows.

(2) 30For “Commission” (in each place) substitute “Secretary of State”.

(3) In subsections (2), (4) and (6) for “it” (in each place) substitute “the Secretary
of State”.

(4) In subsection (7)—

(a) for “it cannot accept the application, it” substitute “the application
35cannot be accepted, the Secretary of State”, and

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

14 In section 56 (if Commission accepts application, applicant to notify
deadline for receipt by Commission of representations) for “Commission”
(in each place) substitute “Secretary of State”.

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15 In section 58(1) and (2) (applicant must certify to Commission that section 56
has been complied with) for “Commission” substitute “Secretary of State”.

16 In section 59(1) and (2) (applicant must notify Commission of persons
affected by any request to authorise compulsory acquisition) for
5“Commission” substitute “Secretary of State”.

17 (1) Amend section 60 (Commission’s duty to seek local impact reports) as
follows.

(2) For “Commission” (in each place) substitute “Secretary of State”.

(3) In subsection (2) for “to it” substitute “to the Secretary of State”.

10Deciding how application is to be handled

18 (1) Amend section 61 (initial choice of Panel or single Commissioner) as follows.

(2) In subsection (1) (which refers to acceptance of an application by the
Commission) for “Commission” substitute “Secretary of State”.

(3) For subsections (2) to (5) (person appointed to chair Commission must make
15initial choice after consultation within the Commission and having regard to
Secretary of State’s guidance) substitute—

(2) The Secretary of State must decide whether the application—

(a) is to be handled by a Panel under Chapter 2, or

(b) is to be handled by a single appointed person under Chapter
203.

(3) The Secretary of State must publish the criteria that are to be applied
in making decisions under subsection (2).

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

19 (1) Amend section 62 (switching from single Commissioner to Panel) as follows.

(2) 25In subsection (1), and in the heading, for “Commissioner” substitute
“appointed person”.

(3) For subsections (2) to (5) (person appointed to chair Commission may make
switch after consultation within the Commission and having regard to the
Secretary of State’s guidance) substitute—

(2) 30The Secretary of State may decide that the application should instead
be handled by a Panel under Chapter 2.

(3) The Secretary of State must publish the criteria that are to be applied
in making decisions under subsection (2).

Delegation of functions conferred on person appointed to chair Commission

20 35Omit section 63 (power for Commission’s chair to delegate functions under
Part 6 to a deputy).

Handling of applications by a Panel

21 In section 64(1)(a) (which refers to an application accepted by the
Commission) for “Commission” substitute “Secretary of State”.

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22 (1) Amend section 65 (appointment of members, and lead member, of Panel) as
follows.

(2) For subsection (1) (Commission chair must appoint Panel and Panel chair)
substitute—

(1) 5The Secretary of State must appoint—

(a) three, four or five persons to be members of the Panel, and

(b) one of those persons to chair the Panel.

23 (1) 10Amend section 66 (ceasing to be member, or lead member, of Panel) as
follows.

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

(3) In subsections (3) and (4) (member, or lead member, may resign by notice to
15Commission) for “Commission” substitute “Secretary of State”.

(4) In subsection (5) (Commission chair may remove Panel member or lead
member)—

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

(b) 20in paragraphs (a) and (b) for “chair” substitute “Secretary of State”.

24 Omit section 67 (Panel member continuing though ceasing to be
Commissioner).

25 (1) Amend section 68 (additional appointments to Panel) as follows.

(2) For subsection (2) (Commission chair may appoint additional Panel
25member) substitute—

(2) The Secretary of State may appoint a person to be a member of the
Panel, but this power may not be exercised so as to cause the Panel
to have more than five members.

26 (1) Amend section 69 (replacement of lead member of Panel) as follows.

(2) In subsection (2) (Commission chair must make appointment to fill vacancy
35in office of lead member) for “person appointed to chair the Commission”
substitute “Secretary of State”.

(3) Omit subsection (4) (self-appointments).

27 Omit section 70 (membership of Panel where application relates to land in
Wales).

28 (1) 40Amend section 71 (supplementary provision where Panel replaces single
Commissioner) as follows.

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(2) In subsection (2) (single Commissioner may be appointed member, or
member and lead member, of Panel) for “A Commissioner who has handled
the application under Chapter 3” substitute “An appointed person”.

(3) In subsection (3) (power to treat things done by or to single Commissioner
5as done by or to Panel) for “a Commissioner” substitute “an appointed
person”.

(4) After subsection (4) insert—

(5) In this section “appointed person” means a person appointed to
handle the application under Chapter 3.

(5) 10In the heading for “Commissioner” substitute “appointed person”.

29 (1) Amend section 74 (Panel to decide, or make recommendations in respect of,
application) as follows.

(2) Omit subsection (1) (cases in which Panel has function of deciding
application).

(3) 15In subsection (2) (cases in which Panel has function of examining application
and reporting on it to the Secretary of State) for “In any other case, the Panel”
substitute “The Panel”.

(4) Omit subsection (4) (duty of Commission staff to give support to Panel).

Single-Commissioner procedure to become single-appointed-person procedure

30 (1) 20Amend section 78 (single Commissioner to handle application) as follows.

(2) In subsection (1)(a) (which refers to an application accepted by the
Commission) for “Commission” substitute “Secretary of State”.

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

(4) 25In subsection (2) (meaning of “the single Commissioner”) for
“Commissioner” substitute “appointed person”.

(5) In 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
30single-appointed-person”.

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

79 Appointment of single appointed person

The Secretary of State must appoint a person to handle the
35application.

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

(2) Omit 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
40Commission)—

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

(b) for “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”)”
5substitute “Secretary of State”,

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

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

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

33 10Omit section 81 (single Commissioner continuing though ceasing to be
Commissioner).

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

35 (1) 15Amend section 83 (single Commissioner to examine and report on
application) as follows.

(2) In 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) 20In subsection (1)(b) (duty to make report) after “making a report” insert “to
the Secretary of State”.

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

(5) Omit subsection (4) (duty of Commission staff to support single
25Commissioner).

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

Examination of applications

37 30In section 86 (Chapter applies to examination by Panel or single
Commissioner), and in its heading, for “Commissioner” (in each place)
substitute “appointed person”.

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

39 35In 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
“Commission” (in both places) substitute “Secretary of State”.

41 In section 94(2)(b) (Panel member or single Commissioner to preside over
40hearing) for “Commissioner” substitute “appointed person”.

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42 After section 95 insert—

95A Hearings: defence and national security

(1) Subsection (2) applies if the Secretary of State is satisfied that if all or
part of the Examining Authority’s examination of the application
5takes 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
of information as to defence or national security, and

(b) the public disclosure of that information would be contrary
10to 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
a description so specified (instead of being made in public).

(3) If the Secretary of State gives a direction under subsection (2), the
15Attorney 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
interested party who (by virtue of the direction) is prevented from
being present when the representations are made.

(4) 20Rules 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
pay the fees and expenses of an appointed representative if the
Secretary of State thinks that the responsible person is interested in a
25meeting or hearing in relation to any representations that are the
subject of a direction under subsection (2).

(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
30unable to agree the amount of the fees and expenses, the amount
must 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) 35An amount so certified is recoverable from the responsible person as
a 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) 40Amend section 98 (timetable for examining, and reporting on, application)
as 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
4583(1)(b)”.

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(3) In 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
5State and in Commission’s annual report) substitute—

(6) Subsections (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) 10publicise the new deadline in such manner as the Secretary of
State 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) 15A statement under subsection (8) may be written or oral.

45 (1) Amend 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) 20In subsection (2) for “chair” substitute “Secretary of State”.

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

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

Decisions on applications

48 (1) Amend section 103 as follows.

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

(3) 30Omit 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) In 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
35description to which the application relates”.

(3) In subsection (2)—

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

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

(c) 40in paragraph (d) for “its” substitute “the Secretary of State’s”.

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

(5) In subsection (5)—

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

(b) 5for “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) In subsections (6), (7) and (8) for “Panel or Council” substitute “Secretary of
State”.

(7) 10For 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) In 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) 15In 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
statement has effect”.

51 In section 106(1) (representations which decision-maker may disregard) for
20“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) for “decision-maker” substitute “Secretary of State”, and

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

(3) 25Omit 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) For subsections (6) to (9) (publicising deadline extensions) substitute—

(6) 30Subsection (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
member, announcing the new deadline.

(8) 35A 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 In section 108(2) (suspension of proceedings on application) for the words
40from “the following” to the end substitute “examination of the application

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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 In Part 6, omit Chapter 7 (which consists of sections 109 to 113 and Schedule
53).

Grant or refusal

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

(2) In subsection (1)—

(a) 10for “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
guidance in deciding whether development is associated).

57 (1) 15Amend 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) In subsection (2) for “appropriate authority” substitute “Secretary of State”.

(4) 20In subsection (3)—

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

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

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

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

(2) 25Omit subsections (2) and (5) (orders made by Panel or Council).

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

(a) for “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)
30must be in statutory instrument) substitute—

(4) If the order includes provision—

(a) made 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
35section 120(5)(a) or (b),

the order must be contained in a statutory instrument.

(5) In 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”).

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

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

(3) 5In subsection (7) (other challenges to things done by Secretary of State or
Commission) omit “or the Commission”.

Orders granting development consent

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

(2) In subsection (5)(b) and (c) (order may contain provision that appears
10necessary 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
or amend power to do so) substitute—

(8) With the exception of provision made under subsection (3) for or
15relating 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) provision conferring power to create offences, or

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

61 20Omit 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
only if decision-maker satisfied conditions met) for “decision-maker”
substitute “Secretary of State”.

63 25Omit 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
“decision-maker” substitute “Secretary of State”.

(3) 30Omit 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) In subsection (1) (decision-maker must be satisfied) for “decision-maker”
35substitute “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) Omit subsection (6) (meaning of “appropriate authority”).

67 40In section 138(4)(a) (decision-maker must be satisfied) for “decision-maker”
substitute “Secretary of State”.

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