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Growth and Infrastructure BillPage 30

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

(b) the reference to the order standing referred to a committee is to
5be read as a reference to the special authorisation standing
referred to that committee, and

(c) the reference to the committee’s power to report the order is to
be read as a reference to the committee’s power to report the
special authorisation.

(13) 10In section 5(2) a reference to the order is to be read as a reference to the
special authorisation.

(14) In section 5(3) the reference to any order to which this Act applies is to
be read as a reference to the special authorisation.

(15) In section 6(1) the reference to an order to which this Act applies being
15reported without amendment is to be read as a reference to the special
authorisation being reported without amendment.

(16) In section 6(2) the reference to any such order being reported with
amendments is to be read as a reference to the special authorisation
being reported with amendments.

(17) 20In section 6(3) the reference to it being reported, with respect to any
such order, that the order be not approved is to be read as a reference
to it being reported that the special authorisation be not approved.

(18) In section 6(5)—

(a) the requirement for a Bill to set out the order as referred to the
25joint committee is to be read as a requirement for the Bill to set
out the order as laid under section 1(2) of this Act, and

(b) in paragraph (a) the reference to a petition for amendment of
the order is to be read as a petition for amendment of the special
authorisation.

(19) 30In section 7 a reference to an order to which this Act applies is to be read
as a reference to the special authorisation.

(5) After section 9 insert—

9A Standing Orders in cases where section 1A applies

(1) In this section, a reference to a special-acquisition order is to an order
35which, under a special-acquisition provision, is subject to special
parliamentary procedure so far as it authorises compulsory acquisition
of, or of a right over, land to which that provision applies.

(2) A reference in section 9(a) or (d) of this Act to an order to which this Act
applies is, in the case of a special-acquisition order, to be read as a
40reference to that order so far as it authorises compulsory acquisition of,
or of a right over, land to which the particular special-acquisition
provision applies.

(3) The reference in section 9(f) of this Act to any order is, in the case of a
special-acquisition order, to be read as a reference to that order so far as
45it authorises compulsory acquisition of, or of a right over, land to which
the particular special-acquisition provision applies.

Growth and Infrastructure BillPage 31

(4) The reference in section 9(g) of this Act to section 6 of this Act is to be
read as a reference to section 4 or 6 of this Act.

(5) Where Standing Orders of either House of Parliament make provision
that relates to orders to which this Act applies and is for a purpose
5mentioned in section 9 then, unless the Standing Orders provide
otherwise, the provision applies in relation to a special-acquisition
order only so far as the order authorises compulsory acquisition of, or
of a right over, land to which the particular special-acquisition
provision applies.

(6) 10In section 11(1) (interpretation) after the definition of “Prescribed” insert—

(7) In the Acquisition of Land Act 1981—

(a) in sections 17(2) and 18(2) (certain compulsory purchase orders subject
15to special parliamentary procedure so far as authorising acquisition of
special land if owner objects to the order) for “the order” substitute “the
compulsory purchase of the land”, and

(b) in paragraphs 4(2) and 5(2) of Schedule 3 (certain compulsory purchase
orders subject to special parliamentary procedure so far as authorising
20acquisition of rights over special land if owner objects to the order) for
“the order” substitute “the compulsory purchase of the rights”.

(8) In paragraph 12 of Schedule 4 to the New Towns Act 1981 (certain compulsory
purchase orders subject to special parliamentary procedure so far as
authorising acquisition of special land if owner objects to the order) for “to the
25order” substitute “to the acquisition of the land”.

(9) In each of the following provisions (which refer to orders confirmed by Act
under section 6 of the 1945 Act) before “6” insert “4 or”—

(10) An amendment made by subsection (4) or (5), so far as it applies to orders
35granting development consent, applies to any such order made after the
amendment comes into force.

26 Bringing business and commercial projects within Planning Act 2008 regime

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

(2) For section 35 substitute—

35 40Directions in relation to projects of national significance

(1) The Secretary of State may give a direction for development to be
treated as development for which development consent is required.

This is subject to the following provisions of this section and section
35ZA.

45This is subject to the following provisions of this section and section
35ZA.

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(2) The Secretary of State may give a direction under subsection (1) only
if—

(a) the development is or forms part of—

(i) a project (or proposed project) in the field of energy,
5transport, water, waste water or waste, or

(ii) a business or commercial project (or proposed project)
of a prescribed description,

(b) the development will (when completed) be wholly in one or
more of the areas specified in subsection (3), and

(c) 10the 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
projects (or proposed projects) in the same field;

(ii) 15in 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) England or waters adjacent to England up to the seaward limits
20of 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
Ministers have functions.

(4) 25The 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) the development is or forms part of a business or commercial
30project (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 Directions under sections 35: procedural matters

(1) 35The 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
relation to the development to which the request relates.

(2) 40The 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) a person who proposes to carry out any of the development to
45which 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;

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(c) a 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
5to development, the Secretary of State may—

(a) if 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;

(b) 10if 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) A direction under section 35(1), or subsection (3) of this section, may be
15given 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
application, with any specified modifications, or

(b) 20to 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,
to the Secretary of State instead of dealing with it themselves.

(7) 25If 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
direction.

(8) 30The 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) the terms in which such a direction should be given.

(9) 35An 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),
the Secretary of State must give reasons for the decision.

(11) 40In this section—

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

(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
15“section” insert “35(2)(a)(ii),”.

27 Authorisation of road user charging under Planning Act 2008

(1) Section 144 of the Planning Act 2008 (content of order granting development
consent: highways) is amended as follows.

(2) After subsection (2) insert—

(2A) 20Subsection (2) does not apply to an order that includes provision
authorising other charges in respect of the use or keeping of motor
vehicles on roads.

(2B) In subsection (2A)—

(3) Omit subsection (3).

28 Delegation of planning functions by Mayor of London

(1) In section 38 of the Greater London Authority Act 1999 (delegation) after
subsection (2A) insert—

(2B) 35In relation to a function listed in subsection (2C), subsection (2) has
effect—

(a) as if paragraph (b) referred only to members of staff appointed
under section 67(1), and

(b) with the omission of paragraphs (c) to (f).

(2C) 40The functions referred to in subsection (2B) are—

(a) the function of giving a direction under section 2A(1) or (1B) of
the Town and Country Planning Act 1990 (call-in of planning
applications by the Mayor), and

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(b) the function of determining an application by virtue of section
2A or 2B of that Act.

(2) In consequence of subsection (1), omit section 2B(8) of the Town and Country
Planning Act 1990 (which disapplies section 38(1) of the 1999 Act in relation to
5functions under sections 2A and 2B of the 1990 Act).

Economic measures

29 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”.

30 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 36

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.

General provisions

31 Orders

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

(a) 40is exercisable by statutory instrument, and

(b) includes—

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

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(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
unless a draft of the statutory instrument containing the order (whether alone
5or 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 7(5);

(b) an order under section 32 which amends or repeals any provision of an
10Act 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) is not subject to any requirement that a draft of the instrument be laid
15before, 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) Subsection (4) does not apply to an order under section 7(6).

(6) Subsections (1)(b) and (4) do not apply to an order under section 34.

32 20Consequential 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
25by 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.

33 Financial provisions

30There 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.

34 Commencement

(1) Subject as follows, this Act comes into force on such day as the Secretary of
35State may by order appoint; and different days may be appointed for different
purposes.

(2) Section 1(1) so far as it inserts the new section 62B, sections 4, 7, 9, 16, 19, 26, 31
and 32, this section and section 35, and Schedules 2 and 4, come into force on
the day on which this Act is passed.

(3) 40Sections 11, 12, 17, 18, 29 and 30 come into force at the end of two months
beginning with the day on which this Act is passed.

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(4) Section 21(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) The Scottish Ministers may by order make such transitional, transitory or
saving provision as the Scottish Ministers consider appropriate in connection
5with the coming into force of section 21(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
with 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
10different provision for different purposes.

35 Short title and extent

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

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

(3) Sections 9(4) and 31 to 34, and this section, extend also to Scotland and
15Northern 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) Section 25(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
20exercised so as to extend the amendment made by section 9(1) to any of the
Channel Islands or the Isle of Man.

Growth and Infrastructure BillPage 39

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 or paragraph 8(6) of Schedule 1 may be applied

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