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Growth and Infrastructure BillPage 30

(c) the Secretary of State thinks the project (or proposed project) is
of national significance, either by itself or when considered
with—

(i) in a case within paragraph (a)(i), one or more other
5projects (or proposed projects) in the same field;

(ii) in a case within paragraph (a)(ii), one or more other
business or commercial projects (or proposed projects)
of a description prescribed under paragraph (a)(ii).

(3) The areas are—

(a) 10England or waters adjacent to England up to the seaward limits
of the territorial sea;

(b) in the case of a project for the carrying out of works in the field
of energy, a Renewable Energy Zone, except any part of a
Renewable Energy Zone in relation to which the Scottish
15Ministers have functions.

(4) The Secretary of State may give a direction under subsection (1) only
with the consent of the Mayor of London if—

(a) all or part of the development is or will be in Greater London,
and

(b) 20the development is or forms part of a business or commercial
project (or proposed project) of a description prescribed under
subsection (2)(a)(ii).

(5) Regulations under subsection (2)(a)(ii) may not prescribe a description
of project which includes the construction of one or more dwellings.

35ZA 25Directions under sections 35: procedural matters

(1) The power in section 35(1) to give a direction in a case within section
35(2)(a)(i) (projects in the field of energy etc) is exercisable only in
response to a qualifying request if no application for a consent or
authorisation mentioned in section 33(1) or (2) has been made in
30relation to the development to which the request relates.

(2) The power in section 35(1) to give a direction in a case within section
35(2)(a)(ii) (business or commercial projects of prescribed description)
is exercisable only in response to a qualifying request made by one or
more of the following—

(a) 35a person who proposes to carry out any of the development to
which the request relates;

(b) a person who has applied, or proposes to apply, for a consent or
authorisation mentioned in section 33(1) or (2) in relation to any
of that development;

(c) 40a person who, if a direction under section 35(1) is given in
relation to that development, proposes to apply for an order
granting development consent for any of that development.

(3) If the Secretary of State gives a direction under section 35(1) in relation
to development, the Secretary of State may—

(a) 45if an application for a consent or authorisation mentioned in
section 33(1) or (2) has been made in relation to the
development, direct the application to be treated as an
application for an order granting development consent;

Growth and Infrastructure BillPage 31

(b) if a person proposes to make an application for such a consent
or authorisation in relation to the development, direct the
proposed application to be treated as a proposed application for
development consent.

(4) 5A direction under section 35(1), or subsection (3) of this section, may be
given so as to apply for specified purposes or generally.

(5) A direction under subsection (3) may provide for specified provisions
of or made under this or any other Act—

(a) to have effect in relation to the application, or proposed
10application, with any specified modifications, or

(b) to be treated as having been complied with in relation to the
application or proposed application.

(6) If the Secretary of State gives a direction under subsection (3), the
relevant authority must refer the application, or proposed application,
15to the Secretary of State instead of dealing with it themselves.

(7) If the Secretary of State is considering whether to give a direction under
subsection (3), the Secretary of State may direct the relevant authority
to take no further action in relation to the application, or proposed
application, until the Secretary of State has decided whether to give the
20direction.

(8) The Secretary of State may require an authority within subsection (9) to
provide any information required by the Secretary of State for the
purpose of enabling the Secretary of State to decide—

(a) whether to give a direction under section 35(1), and

(b) 25the terms in which such a direction should be given.

(9) An authority is within this subsection if an application for a consent or
authorisation mentioned in section 33(1) or (2) in relation to the
development has been, or may be, made to it.

(10) If the Secretary of State decides to give a direction under section 35(1),
30the Secretary of State must give reasons for the decision.

(11) In this section—

(3) 45In section 35A (timetable for deciding request for direction under section 35),
in subsection (5), in the definition of “qualifying request”, for “35(10)”
substitute “35ZA(11)”;

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(4) In section 232 (orders and regulations)—

(a) in subsection (5)(e) (regulations not subject to negative procedure),
after “section” insert “35(2)(a)(ii),”;

(b) in subsection (7) (regulations subject to affirmative procedure), after
5“section” insert “35(2)(a)(ii),”.

Economic measures

25 Postponement of compilation of English rating lists to 2017

(1) Section 41 of the Local Government Finance Act 1988 (local rating lists) is
amended in accordance with subsections (2) to (5).

(2) 10In subsection (2) (list to be compiled on 1 April 1990 and every five years
thereafter), at the end insert “, subject to subsection (2A).”

(3) After that subsection insert—

(2A) In the case of a billing authority in England—

(a) subsection (2) does not require a list to be compiled on 1 April
152015 and on 1 April in every fifth year afterwards, and

(b) a list must instead be compiled on 1 April 2017 and on 1 April
in every fifth year afterwards.

(4) In subsection (3) (list to remain in force until the next one is compiled five years
later) omit “five years later”.

(5) 20In subsection (7) (expiry of five year period not to detract from duty to
maintain list) omit “five year”.

(6) Section 52 of the Local Government Finance Act 1988 (central rating lists) is
amended in accordance with subsections (7) to (10).

(7) In subsection (2) (list to be compiled on 1 April 1990 and every five years
25thereafter), at the end insert “subject to subsection (2A).”

(8) After that subsection insert—

(2A) In the application of this section to England—

(a) subsection (2) does not require a list to be compiled on 1 April
2015 and on 1 April in every fifth year afterwards, and

(b) 30a list must instead be compiled on 1 April 2017 and on 1 April
in every fifth year afterwards.

(9) In subsection (3) (list to remain in force until the next one is compiled five years
later) omit “five years later”.

(10) In subsection (7) (expiry of five year period not to detract from duty to
35maintain list) omit “five year”.

26 Power to postpone compilation of Welsh rating lists

(1) Before section 55 of the Local Government Finance Act 1988 (but after the italic

Growth and Infrastructure BillPage 33

heading before that section) insert—

54A Postponement of compilation of Welsh lists for 2015 onwards

(1) The Welsh Ministers may by order provide that the lists to which this
section applies must be compiled on a date specified in the order (“the
5specified date”) rather than on 1 April 2015.

(2) The lists to which this section applies are—

(a) each local non-domestic rating list that would otherwise have to
be compiled on 1 April 2015 for a billing authority in Wales, and

(b) the central non-domestic rating list that would otherwise have
10to be compiled for Wales on that date.

(3) The specified date must be 1 April in 2016, 2017, 2018, 2019 or 2020; and
the same date must be specified for each list to which this section
applies.

(4) If an order has effect under this section, section 41 (local rating lists)
15applies in relation to billing authorities in Wales as if subsection (2)—

(a) did not require a list to be compiled on 1 April 2015 and on 1
April in every fifth year afterwards, but

(b) instead required a list to be compiled on the specified date and
on 1 April in every fifth year afterwards.

(5) 20If an order has effect under this section, section 52 (central rating lists)
applies in relation to Wales as if subsection (2)—

(a) did not require a list to be compiled on 1 April 2015 and on 1
April in every fifth year afterwards, but

(b) instead required a list to be compiled on the specified date and
25on 1 April in every fifth year afterwards.

(2) In section 41 (local rating lists), after subsection (8) insert—

(9) This section in its application to Wales is subject to section 54A
(postponement of compilation of Welsh lists for 2015 onwards).

(3) In section 52 (central rating lists), after subsection (7) insert—

(8) 30This section in its application to Wales is subject to section 54A
(postponement of compilation of Welsh lists for 2015 onwards).

(4) In section 143 (orders and regulations), after subsection (3B) insert—

(3C) The power to make an order under section 54A is exercisable by
statutory instrument, and no such order is to be made unless a draft of
35the order has been laid before and approved by resolution of the
National Assembly for Wales.

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27 Employee owners

(1) After section 205 of the Employment Rights Act 1996 insert—

Employee shareholder status

205A Employee shareholders

(1) 5An individual who is or becomes an employee of a company is an
“employee shareholder” if—

(a) the company and the individual agree that the individual is to
be an employee shareholder,

(b) in consideration of that agreement, the company issues or allots
10to the individual fully paid up shares in the company, or
procures the issue or allotment to the individual of fully paid up
shares in its parent undertaking, which have a value, on the day
of issue or allotment, of no less than £2,000, and

(c) the individual gives no consideration other than by entering
15into the agreement.

(2) An employee who is an employee shareholder does not have—

(a) the right to make an application under section 63D (request to
undertake study or training),

(b) the right to make an application under section 80F (request for
20flexible working),

(c) the right under section 94 not to be unfairly dismissed, or

(d) the right under section 135 to a redundancy payment.

(3) The following provisions are to be read in the case of an employee who
is an employee shareholder as if for “8 weeks’ notice”, in each place it
25appears, there were substituted “16 weeks’ notice”—

(a) regulation 11 of the Maternity and Parental Leave etc.
Regulations 1999 (S.I. 1999/3312S.I. 1999/3312) (requirement for employee to
notify employer of intention to return to work during maternity
leave period), and

(b) 30regulation 25 of the Paternity and Adoption Leave Regulations
2002 (S.I. 2002/2788S.I. 2002/2788) (corresponding provision for adoption
leave).

(4) Regulation 30 of the Additional Paternity Leave Regulations 2010 (S.I.
2010/1055) (requirement for employee to notify employer of intention
35to return to work during additional paternity leave period) is to be read
in the case of an employee who is an employee shareholder as if for “six
weeks’ notice”, in each place it appears, there were substituted “16
weeks’ notice”.

(5) The reference in subsection (2)(b) to making an application under
40section 80F does not include a reference to making an application
within the period of 14 days beginning with the day on which the
employee shareholder returns to work from a period of parental leave
under regulations under section 76.

(6) The reference in subsection (2)(c) to unfair dismissal does not include a
45reference to a dismissal—

Growth and Infrastructure BillPage 35

(a) which is required to be regarded as unfair for the purposes of
Part 10 by a provision (whenever made) contained in or made
under this or any other Act, or

(b) which amounts to a contravention of the Equality Act 2010.

(7) 5The reference in subsection (2)(c) to the right not to be unfairly
dismissed does not include a reference to that right in a case where
section 108(2) (health and safety cases) applies.

(8) The Secretary of State may by order amend subsection (1) so as to
increase the sum for the time being specified there.

(9) 10The Secretary of State may by regulations provide that any agreement
for a company to buy back from an individual the shares referred to in
subsection (1)(b) in the event that the individual ceases to be an
employee shareholder or ceases to be an employee must be on terms
which meet the specified requirements.

(10) 15In this section—

(11) The reference in this section to the value of shares in a company is a
reference to their market value within the meaning of the Taxation of
Chargeable Gains Act 1992 (see sections 272 and 273 of that Act).

(2) After section 47F of that Act insert—

47G 30 Employee shareholder status

(1) An employee has the right not to be subjected to a detriment by any act,
or any deliberate failure to act, by the employee’s employer done on the
ground that the employee refused to accept an offer by the employer
for the employee to become an employee shareholder (within the
35meaning of section 205A).

(2) This section does not apply if the detriment in question amounts to
dismissal within the meaning of Part 10.

(3) In section 48(1) of that Act (presentation of complaint to employment tribunal),
for “or 47F” substitute “, 47F or 47G”.

(4) 40After section 104F of that Act insert—

104G Employee shareholder status

An employee who is dismissed is to be regarded for the purposes of this
Part as unfairly dismissed if the reason (or, if more than one, the
principal reason) for the dismissal is that the employee refused to
45accept an offer by the employer for the employee to become an
employee shareholder (within the meaning of section 205A).

Growth and Infrastructure BillPage 36

(5) In section 108(3) of that Act (exceptions to provision on qualifying period of
employment), after paragraph (gl) insert—

(gm) section 104G applies,.

(6) In section 236(3) of that Act (orders and regulations subject to affirmative
5resolution procedure), for “or 125(7)” substitute “, 125(7) or 205A(8) or (9)”.

General provisions

28 Orders

(1) Any power of the Secretary of State to make an order under this Act—

(a) is exercisable by statutory instrument, and

(b) 10includes—

(i) power to make different provision for different purposes, and

(ii) power to make incidental, supplementary, consequential,
transitional or transitory provision or savings.

(2) The Secretary of State may not make an order to which subsection (3) applies
15unless a draft of the statutory instrument containing the order (whether alone
or with other provisions) has been laid before, and approved by a resolution of,
each House of Parliament.

(3) This subsection applies to—

(a) an order under section 6(4);

(b) 20an order under section 29 which amends or repeals any provision of an
Act of Parliament, an Act of the Scottish Parliament or an Act or
Measure of the National Assembly for Wales.

(4) A statutory instrument that—

(a) contains an order made by the Secretary of State under this Act, and

(b) 25is not subject to any requirement that a draft of the instrument be laid
before, and approved by a resolution of, each House of Parliament,

is subject to annulment in pursuance of a resolution of either House of
Parliament.

(5) Subsections (1)(b) and (4) do not apply to an order under section 31.

29 30Consequential amendments

(1) The Secretary of State may by order make such provision as the Secretary of
State considers appropriate in consequence of this Act.

(2) The power to make an order under this section may, in particular, be exercised
by amending, repealing, revoking or otherwise modifying any provision made
35by or under an enactment.

(3) In this section “enactment” means an enactment whenever passed or made,
and includes an Act of the Scottish Parliament or an Act or Measure of the
National Assembly for Wales.

Growth and Infrastructure BillPage 37

30 Financial provisions

There is to be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable under any other Act out of money
so provided.

31 5Commencement

(1) Subject as follows, this Act comes into force on such day as the Secretary of
State may by order appoint; and different days may be appointed for different
purposes.

(2) Sections 4, 6, 8, 17, 24, 28 and 29, this section and section 32, and Schedule 2,
10come into force on the day on which this Act is passed.

(3) Sections 10, 11, 14, 15, 16, 25 and 26, and Schedule 4, come into force at the end
of two months beginning with the day on which this Act is passed.

(4) Section 19(4) to (6) come into force on such day as the Scottish Ministers may
by order appoint; and different days may be appointed for different purposes.

(5) 15The Scottish Ministers may by order make such transitional, transitory or
saving provision as the Scottish Ministers consider appropriate in connection
with the coming into force of section 19(4) to (6).

(6) The Secretary of State may by order make such transitional, transitory or
saving provision as the Secretary of State considers appropriate in connection
20with the coming into force of any other provision of this Act.

(7) Power to make an order under subsection (5) or (6) includes power to make
different provision for different purposes.

32 Short title and extent

(1) This Act may be cited as the Growth and Infrastructure Act 2013.

(2) 25Subject as follows, this Act extends to England and Wales only.

(3) Sections 8(9) and 28 to 31, and this section, extend also to Scotland and
Northern Ireland.

(4) Any amendment or repeal made by this Act has the same extent as the
provision to which it relates, subject to subsection (5).

(5) 30Section 23(1) to (6) and (10) extend to England and Wales, and Scotland, only.

(6) The power under section 411(6) of the Communications Act 2003 may be
exercised so as to extend the amendment made by section 8(1) to any of the
Channel Islands or the Isle of Man.

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SCHEDULES

Section 1

SCHEDULE 1 Planning applications made to Secretary of State: further amendments

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

1 5The Town and Country Planning Act 1990 is amended as follows.

2 (1) In section 2A (Mayor of London: applications of strategic importance) after
subsection (1A) insert—

(1B) Where this section applies to an application for planning permission
made to the Secretary of State under section 62A, the Mayor of
10London may direct—

(a) that the application is to be treated as having been made to
the local planning authority (and not to the Secretary of State
under section 62A), and

(b) that the Mayor of London is to be the local planning authority
15for the purposes of determining the application.

(2) In consequence—

(a) in section 2A(2) after “(1)” insert “or (1B)”,

(b) in section 2B(8)(a) after “2A(1)” insert “or (1B)”, and

(c) in section 2C(1) after “to whom the original application was made”
20insert “or to whom the original application would have been made
had it not been made to the Secretary of State under section 62A”.

3 In section 58(1)(b) (planning permission may be granted on application to
local planning authority) after “on application to the authority” insert “(or,
in the cases provided in this Part, on application to the Secretary of State)”.

4 25In section 59(2)(b) (development order may provide for planning permission
to be granted on application to local planning authority) after “on
application to the authority” insert “(or, in the cases provided in the
following provisions, on application to the Secretary of State)”.

5 After section 76B insert—

76C 30Provisions applying to applications made under section 62A

(1) Sections 62(3) and (4), 65(5), 70 to 70C, 72(1) and (5) and 73A apply,
with any necessary modifications, to an application for planning
permission made to the Secretary of State under section 62A as they
apply to an application for planning permission which is to be
35determined by the local planning authority.

(2) Any requirements imposed by a development order by virtue of
section 62, 65 or 71 may be applied by a development order, with or

Growth and Infrastructure BillPage 39

without modifications, to an application for planning permission
made to the Secretary of State under section 62A.

(3) Where an application is made to the Secretary of State under section
62A(3) instead of to the authority to whom it would otherwise have
5been made, a development order may apply, with or without
modifications, to the application any enactment that relates to
applications of that kind when made to that authority.

76D Deciding applications made under section 62A

(1) An application made to the Secretary of State under section 62A (“a
10direct application”) is to be determined by a person appointed by the
Secretary of State for the purpose instead of by the Secretary of State,
subject to section 76E.

(2) Where a person has been appointed under subsection (1) or this
subsection to determine a direct application then, at any time before
15the person has determined the application, the Secretary of State
may—

(a) revoke the person’s appointment; and

(b) appoint another person to determine the application instead.

(3) A person appointed under this section to determine an application
20for planning permission made to the Secretary of State under section
62A has the same powers and duties that the Secretary of State has
under section 76C.

(4) Where a direct application is determined by a person appointed
under this section, the person’s decision is to be treated as that of the
25Secretary of State.

(5) Except as provided by Part 12, the validity of that decision is not to
be questioned in any proceedings whatsoever.

(6) It is not a ground of application to the High Court under section 288
that a direct application ought to have been determined by the
30Secretary of State and not by a person appointed under this section
unless the applicant challenges the person’s power to determine the
direct application before the person’s decision on the direct
application is given.

(7) Where any enactment (other than this section and section 319A)—

(a) 35refers (or is to be read as referring) to the Secretary of State in
a context relating to or capable of relating to an application
made under section 62A (otherwise than by referring to the
application having been made to the Secretary of State), or

(b) refers (or is to be read as referring) to anything (other than the
40making of the application) done or authorised or required to
be done by, to or before the Secretary of State in connection
with any such application,

then, so far as the context permits, the enactment is to be read, in
relation to an application determined or to be determined by a
45person appointed under this section, as if the reference to the
Secretary of State were or included a reference to that person.

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