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Growth and Infrastructure BillPage 20

(b) after subsection (2) insert—

(2A) Regulations under subsection (1) made by the Secretary of State
may make provision as to the fees payable in relation to an
application (including provision for a fee payable under the
5regulations to be determined by the person to whom the
application is made or (if different) the person by whom the
application is to be determined).

(2B) Regulations under subsection (1) made by the Welsh Ministers
may make provision as to the fee payable on an application
10(which may be a fee determined by the person to whom the
application is made).

Other infrastructure provisions

18 Power stations: repeal of requirements to give notice

(1) In the Energy Act 1976—

(a) 15section 14 (fuelling of new and converted power stations: requirement
to give notice to Secretary of State) is omitted, and

(b) in section 19 (penalties), in subsection (2)—

(i) omit paragraph (b) (including the “or” following it), and

(ii) in paragraph (c), omit “, 7 or 14(3)”.

(2) 20In Schedule 16 to the Electricity Act 1989, paragraph 22 (which amends the
provision repealed by subsection (1)(a)) is omitted.

(3) In the Planning Act 2008—

(a) in section 33 (effect of requirement for development consent on other
consent regimes), in subsection (1), omit paragraph (e), and

(b) 25in Schedule 2, paragraph 15 (which amends the provision repealed by
subsection (1)(a)) is omitted.

19 Conditions of licences under Gas Act 1986: payments to other licence-holders

In section 7B of the Gas Act 1986 (general provisions about licences under
section 7 for gas transporters, under section 7ZA for gas interconnectors, and
30under section 7A for gas suppliers and gas shippers) in subsection (5)(b)(ii)
(gas transporter’s licence may require payments to be made to holder of licence
under section 7A) omit “under section 7A above”.

20 Variation of consents under Electricity Act 1989

(1) The Electricity Act 1989 is amended as follows.

(2) 35After section 36B insert—

36C Variation of consents under section 36

(1) The person for the time being entitled to the benefit of a section 36
consent may make an application to the appropriate authority for the
consent to be varied.

(2) 40Regulations may make provision about the variation of a section 36
consent, including in particular provision about—

Growth and Infrastructure BillPage 21

(a) the making and withdrawal of applications;

(b) fees;

(c) publicity and consultation requirements;

(d) rights to make representations;

(e) 5public inquiries;

(f) consideration of applications.

(3) Regulations under subsection (2) may provide for any statutory
provision applicable to the grant of a section 36 consent to apply with
specified modifications to the variation of a section 36 consent.

(4) 10On an application for a section 36 consent to be varied, the appropriate
authority may make such variations to the consent as appear to the
authority to be appropriate, having regard (in particular) to—

(a) the applicant’s reasons for seeking the variation;

(b) the variations proposed;

(c) 15any objections made to the proposed variations, the views of
consultees and the outcome of any public inquiry.

(5) Regulations may make provision treating, for prescribed purposes, a
section 36 consent varied under this section as granted in its varied
form when the original consent was granted (rather than when the
20variation was made).

(6) In this section—

(3) In section 106 (regulations and orders)—

(a) after subsection (1) insert—

(1ZA) Subsection (1) does not apply to the power conferred on the
45Scottish Ministers by section 36C.;

Growth and Infrastructure BillPage 22

(b) after subsection (2) insert—

(3) Regulations made by the Scottish Ministers under section 36C
are subject to the negative procedure.

21 Consents under Electricity Act 1989: deemed planning permission

(1) 5Section 90 of the Town and Country Planning Act 1990 (deemed planning
permission: development with government authorisation) is amended as set
out in subsections (2) and (3).

(2) For subsection (2) substitute—

(2) On granting or varying a consent under section 36 or 37 of the
10Electricity Act 1989 in relation to a generating station or electric line in
England or Wales, the Secretary of State may give a direction for
planning permission to be deemed to be granted, subject to such
conditions (if any) as may be specified in the direction, for—

(a) so much of the operation or change of use to which the consent
15relates as constitutes development;

(b) any development ancillary to the operation or change of use to
which the consent relates.

(2ZA) On varying a consent under section 36 or 37 of the Electricity Act 1989
in relation to a generating station or electric line in England or Wales,
20the Secretary of State may give one or more of the following directions
(instead of, or as well as, a direction under subsection (2))—

(a) a direction for an existing planning permission deemed to be
granted by virtue of a direction under subsection (2) (whenever
made) to be varied as specified in the direction;

(b) 25a direction for any conditions subject to which any such existing
planning permission was deemed to be granted to be varied as
specified in the direction;

(c) a direction for any consent, agreement or approval given in
respect of a condition subject to which any such existing
30planning permission was deemed to be granted to be treated as
given in respect of a condition subject to which a new or varied
planning permission is deemed to be granted.

(3) For subsection (5) substitute—

(5) In subsection (2), the reference to ancillary development, in the case of
35a consent relating to the extension of a generating station, does not
include any development which is not directly related to the generation
of electricity by that station.

(6) In this section, references to England or Wales include—

(a) waters adjacent to England or Wales up to the seaward limits of
40the territorial sea, and

(b) a Renewable Energy Zone, except any part of a Renewable
Energy Zone in relation to which the Scottish Ministers have
functions.

(7) In this section “electric line”, “extension”, “generating station” and
45“Renewable Energy Zone” have the same meanings as in Part 1 of the
Electricity Act 1989.

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(4) Section 57 of the Town and Country Planning (Scotland) Act 1997 (deemed
planning permission: development with government authorisation) is
amended as set out in subsections (5) and (6).

(5) For subsection (2) substitute—

(2) 5On granting or varying a consent under section 36 or 37 of the
Electricity Act 1989, the Scottish Ministers may give a direction for
planning permission to be deemed to be granted, subject to such
conditions (if any) as may be specified in the direction, for—

(a) so much of the operation or change of use to which the consent
10relates as constitutes development;

(b) any development ancillary to the operation or change of use to
which the consent relates.

(2ZA) On varying a consent under section 36 or 37 of the Electricity Act 1989,
the Scottish Ministers may give one or more of the following directions
15(instead of, or as well as, a direction under subsection (2))—

(a) a direction for an existing planning permission deemed to be
granted by virtue of a direction under subsection (2) (whenever
made) to be varied as specified in the direction;

(b) a direction for any conditions subject to which any such existing
20planning permission was deemed to be granted to be varied as
specified in the direction;

(c) a direction for any consent, agreement or approval given in
respect of a condition subject to which any such existing
planning permission was deemed to be granted to be treated as
25given in respect of a condition subject to which a new or varied
planning permission is deemed to be granted.

(6) In subsection (5), for “In subsection (2) “ancillary development”, in relation to
development consisting of” substitute “In subsection (2)(b), the reference to
ancillary development, in the case of a consent relating to”.

22 30Variation and replacement of pre-Planning Act 2008 consents

(1) After section 237 of the Planning Act 2008 insert—

237A Variation and replacement of section 33 consents: transitional
provision

(1) This section applies where a section 33 consent (“the original consent”)
35has been granted or made as a result of an application made before Part
4 came into force.

(2) Nothing in section 33 prevents the original consent, or a section 33
consent that replaces it, from being varied or replaced.

(3) If the original consent, or a section 33 consent that replaces it, is varied
40or replaced, section 31 does not apply to the development to which the
consent as varied, or the replacement consent, relates (and so
development consent is not required for that development).

(4) A section 33 consent replaces an earlier section 33 consent for the
purposes of this section if (but only if)—

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(a) it is granted or made on an application for consent for
development without complying with conditions subject to
which the earlier section 33 consent was granted or made, and

(b) it is granted subject to, or made on, different conditions, or
5unconditionally.

(5) In this section “section 33 consent” means a consent, authorisation,
order, notice or scheme mentioned in section 33(1), (2) or (4).

(2) This section is deemed to have had effect since Part 4 of the Planning Act 2008
came into force.

23 10Removal of Planning Act 2008 consent and certification requirements

(1) The Planning Act 2008 is amended as follows.

(2) In section 127 (compulsory acquisition of statutory undertakers’ land, and
rights over statutory undertakers’ land)—

(a) in subsection (2), for the words from “Secretary of State” to the end
15substitute “Secretary of State is satisfied of the matters set out in
subsection (3).”;

(b) in subsection (5), for the words from “Secretary of State” to the end
substitute “Secretary of State is satisfied of the matters set out in
subsection (6).”;

(c) 20omit subsection (7).

(3) Section 137 (consent of statutory undertakers etc required to extinguishment of
right of way over land on which they have apparatus) is repealed.

(4) In section 138 (extinguishment of rights, and removal of apparatus, of statutory
undertakers etc)—

(a) 25in subsection (4), for the words from “only if” to the end substitute
“only if the Secretary of State is satisfied that the extinguishment or
removal is necessary for the purpose of carrying out the development
to which the order relates.”;

(b) after subsection (4) insert—

(4A) 30In this section “statutory undertakers” means persons who are,
or are deemed to be, statutory undertakers for the purpose of
any provision of Part 11 of TCPA 1990.

(4B) In this section the following terms have the meanings given in
paragraph 1(1) of Schedule 17 to the Communications Act
352003—

(c) 40omit subsections (5) and (6).

(5) In Schedule 12 (modifications of Act in its application to Scotland), in
paragraph 18, for “Section 137(7)” substitute “Section 138(4A)”.

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24 Special parliamentary procedure in cases under the Planning Act 2008

(1) Sections 128 and 129 of the Planning Act 2008 (special parliamentary procedure
applies to certain orders granting development consent which authorise
compulsory acquisition of land belonging to a local authority or statutory
5undertaker) are repealed.

(2) In section 131 of the Planning Act 2008 (special parliamentary procedure
applies to certain orders granting development consent which authorise
compulsory acquisition of land forming part of a common, open space, fuel
allotment or field garden allotment)—

(a) 10in subsection (3) (special parliamentary procedure does not apply if
Secretary of State certifies that subsection (4) or (5) applies) for the
words from “unless” to the end substitute “unless—

(a) the Secretary of State is satisfied that one of subsections (4) to (5)
applies, and

(b) 15that fact, and the subsection concerned, are recorded in the
order or otherwise in the instrument or other document
containing the order.,

(b) after subsection (4) insert—

(4A) This subsection applies if—

(a) 20the order land is, or forms part of, an open space,

(b) none of the order land is of any of the other descriptions in
subsection (1),

(c) either—

(i) there is no suitable land available to be given in
25exchange for the order land, or

(ii) any suitable land available to be given in exchange is
available only at prohibitive cost, and

(d) it is strongly in the public interest for the development for
which the order grants consent to be capable of being begun
30sooner than is likely to be possible if the order were to be subject
(to any extent) to special parliamentary procedure.

(4B) This subsection applies if—

(a) the order land is, or forms part of, an open space,

(b) none of the order land is of any of the other descriptions in
35subsection (1), and

(c) the order land is being acquired for a temporary (although
possibly long-lived) purpose., and

(c) omit subsections (6) to (10) (provision about certificates under
subsection (3)(b)).

(3) 40In section 132 of the Planning Act 2008 (special parliamentary procedure
applies to certain orders granting development consent which authorise
compulsory acquisition of rights over land forming part of a common, open
space, fuel allotment or field garden allotment)—

(a) in subsection (2) (special parliamentary procedure does not apply if
45Secretary of State certifies that one of subsections (3) to (5) applies) for
the words from “unless” to the end substitute unless—

(a) the Secretary of State is satisfied that one of subsections
(3) to (5) applies, and

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(b) that fact, and the subsection concerned, are recorded in
the order or otherwise in the instrument or other
document containing the order.,

(b) after subsection (4) insert—

(4A) 5This subsection applies if—

(a) the order land is, or forms part of, an open space,

(b) none of the order land is of any of the other descriptions
in subsection (1),

(c) either—

(i) 10there is no suitable land available to be given in
exchange for the order right, or

(ii) any suitable land available to be given in
exchange is available only at prohibitive cost,
and

(d) 15it is strongly in the public interest for the development
for which the order grants consent to be capable of being
begun sooner than is likely to be possible if the order
were to be subject (to any extent) to special
parliamentary procedure.

(4B) 20This subsection applies if—

(a) the order land is, or forms part of, an open space,

(b) none of the order land is of any of the other descriptions
in subsection (1), and

(c) the order right is being acquired for a temporary
25(although possibly long-lived) purpose., and

(c) omit subsections (6) to (10) (provision about certificates under
subsection (2)(b)).

(4) In consequence of subsection (1) the following are repealed—

(a) paragraphs 12 and 13 of Schedule 12 to the Planning Act 2008
30(application of sections 128 and 129 to Scotland),

(b) section 141(2) of the Localism Act 2011 (which amended section 128),
and

(c) paragraph 60 of Schedule 22 to that Act (which amended section 129).

(5) In section 130 of the Planning Act 2008 (special parliamentary procedure where
35order granting development consent authorises acquisition of inalienable
National Trust land despite Trust’s objections) after subsection (3) insert—

(3A) In a case to which this section applies and to which section 131 or 132
also applies, special parliamentary procedure—

(a) may be required by subsection (2) whether or not also required
40by section 131(3) or 132(2), and

(b) may be required by section 131(3) or 132(2) whether or not also
required by subsection (2).

(6) An amendment or repeal made by this section applies in relation to any order
granting development consent which is made after the amendment or repeal
45comes into force.

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25 Modifications of special parliamentary procedure in certain cases

(1) The Statutory Orders (Special Procedure) Act 1945 is amended as follows.

(2) In section 1(1) (Act applies where subsequent Act requires an order to be
subject to parliamentary procedure) after “provision is made requiring that
5any such order shall be subject to special parliamentary procedure” insert “or
requiring that any such order shall be subject to special parliamentary
procedure to a limited extent”.

(3) In section 1 after subsection (2) insert—

(3) In this Act “special-acquisition provision” means—

(a) 10section 130, 131 or 132 of the Planning Act 2008 (certain orders
granting development consent which also authorise
compulsory acquisition of, or of rights over, inalienable
National Trust land or land forming part of a common, open
space or fuel or field garden allotment),

(b) 15section 17, 18 or 19 of, or paragraph 4, 5 or 6 of Schedule 3 to, the
Acquisition of Land Act 1981 (certain compulsory purchase
orders which authorise compulsory acquisition of, or of rights
over, land of a local authority or statutory undertaker,
inalienable National Trust land, or land forming part of a
20common, open space or fuel or field garden allotment),

(c) paragraph 22 of Schedule 3 to the Harbours Act 1964 (harbour
revision or empowerment order authorising compulsory
purchase of, or of rights over, inalienable National Trust land or
land forming part of a common, open space or fuel or field
25garden allotment),

(d) paragraph 12 or 13 of Schedule 4 to the New Towns Act 1981
(order authorising compulsory purchase of local authority land,
inalienable National Trust land or land forming part of a
common, open space or fuel or field garden allotment), or

(e) 30section 12 of the Transport and Works Act 1992 (order
authorising compulsory purchase of, or of rights over,
inalienable National Trust land or land forming part of a
common, open space or fuel or field garden allotment).

(4) A reference in this Act to land to which a special-acquisition provision
35applies is to be read as follows—

(a) “land” has the same meaning as it has for the purposes of the
special-acquisition provision, and

(b) in the case of a special-acquisition provision mentioned in
subsection (3)(c) or (e), the reference is to—

(i) 40land (as so defined) belonging to the National Trust
which is held by the Trust inalienably, or

(ii) land (as so defined) forming part of a common, open
space or fuel or field garden allotment.

(5) The definition of “the National Trust” given by section 7(1) of the
45Acquisition of Land Act 1981, and section 18(3) of that Act (meaning of
“held inalienably”), apply for the purposes of subsection (4)(b)(i).

(6) In subsection (4)(b)(ii) “common”, “fuel or field garden allotment” and
“open space” have the same meaning as in section 19 of that Act.

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(4) After section 1 insert—

1A Order subject to special parliamentary procedure only so far as
authorising certain acquisitions of land or rights

(1) Where under a special-acquisition provision an order is subject to
5special parliamentary procedure so far as the order authorises
compulsory acquisition of, or of a right over, land to which that
provision applies, sections 3 to 7 of this Act apply in relation to the
order with the modifications specified in subsections (3) to (19).

(2) Where those sections apply with those modifications in relation to an
10order, in subsections (3) to (19) “the special authorisation” means the
order so far as it authorises compulsory acquisition of, or of a right
over, land to which the particular special-acquisition provision applies.

(3) In section 3(1) the reference to a petition duly presented against the
order is to be read as a reference to a petition duly presented against the
15special authorisation.

(4) In section 3(2)—

(a) the reference to petitions against an order to which this Act
applies is to be read as a reference to petitions against the
special authorisation, and

(b) 20in paragraphs (a) and (b) a reference to the order is to be read as
a reference to the special authorisation.

(5) In section 3(4) a reference to the order is to be read as a reference to the
special authorisation.

(6) In section 3(4A)—

(a) 25the reference in the opening words to the order to which a
petition relates is to be read as a reference to the order
containing the special authorisation to which a petition relates,
and

(b) in paragraph (a) the reference to the order being one that relates
30to proposals of the kind mentioned is to be read as a reference
to the Chairmen being of the opinion that removal of the special
authorisation from the order would be inconsistent with
proposals of that kind.

(7) In section 3(5)—

(a) 35the reference to every order to which this Act applies is to be
read as a reference to the special authorisation, and

(b) the reference to every such report is to be read as a reference to
the report of the Chairmen in respect of the special
authorisation.

(8) 40In section 4(1)—

(a) the reference to any order to which this Act applies is to be read
as a reference to the special authorisation,

(b) the reference to resolving that an order be annulled is to be read
as a reference to resolving that the special authorisation be
45annulled,

(c) the reference to an order becoming void is to be read as a
reference to the special authorisation becoming void, and

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(d) the reference to taking no further proceedings on an order is to
be read as a reference to taking no further proceedings on the
special authorisation.

(9) In section 4(2) the reference to the order is to be read as a reference to
5the special authorisation.

(10) In section 4(3)—

(a) the reference to neither House resolving that the order be
annulled is to be read as a reference to neither House resolving
that the special authorisation be annulled, and

(b) 10the reference to petitions relating to the order is to be read as a
reference to petitions relating to the special authorisation.

(11) Section 4 is to be read as if after subsection (3) there were inserted—

(4) Where either House resolves during the resolution period that
the special authorisation be annulled, the Minister is to either—

(5) 20A Bill presented for the purposes of subsection (4)(b) must set
out the order as laid before Parliament under section 1(2) of this
Act, and any such Bill is to be treated as a public bill, except
that—

(12) In section 5(1)—

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