Infrastructure Bill [HL]

third
marshalled
list of Amendments
to be moved
in grand committee

The amendments have been marshalled in accordance with the Instruction of 25th June 2014, as follows—

Clauses 16 to 23
Schedule 4
Clauses 24 to 26
Schedule 5
Clauses 27 to 32

[Amendments marked * are new or have been altered]

Clause 16

LORD BERKELEY

71

Page 15, line 40, at end insert—

“Interpretation

      In this Schedule, “species” means a group of living organisms in
the air, on land or in water, consisting of similar individuals
capable of exchanging genes or interbreeding.”

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

72

Page 16, leave out lines 5 and 6

73

Page 17, line 32, leave out from “19” to “must” in line 33

74

Page 18, line 17, at end insert—

“( )   the standards of animal welfare required when carrying out
species control agreements and orders.”

75

Page 18, line 21, at end insert “and the Environmental Audit Committee of the
House of Commons”

76

Page 18, line 21, at end insert “and local authorities”

77

Page 18, line 21, at end insert “and local nature partnerships”

78

Page 18, line 39, at end insert—

“( )   the standards of animal welfare required when carrying out
species control agreements and orders.”

79

Page 18, line 43, at end insert “and local authorities”

Before Clause 17

LORD BEST

LORD TOPE

79A*

Insert the following new Clause—

“Housing as nationally significant infrastructure

Within 12 months of the date on which this Act is passed, the Secretary of
State shall introduce a bill to change the definition of “nationally significant
infrastructure project” in the Planning Act 2008, to include development
programmes that contain over 1,500 residential units.”

After Clause 19

LORD TOPE

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

79B*

Insert the following new Clause—

“Requirement for planning permission

(1)     Section 57 of the Town and Country Planning Act 1990 (requirement for
planning permission) is amended as follows.

(2)     In subsection (3) after “a local development order” insert “issued by the
local planning authority”.

(3)     After subsection (3) insert—

“(4)     Where a local planning authority propose to make an order under
this section they shall first prepare—

(a)   a draft of the order; and

(b)   a statement of their reasons for making the order.

(5)     The statement of reasons shall contain—

(a)   a description of the development which the order would
permit; and

(b)   a plan or statement identifying the land to which the order
would relate.

(6)     Where a local planning authority have prepared a draft local
development order, they shall consult, in accordance with
regulations, persons whose interests they consider would be
affected by the order.””

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

79C*

Insert the following new Clause—

“National infrastructure projects: new towns

(1)     The objects of a development corporation established for the purpose of
creating a new town shall be to secure the physical laying out of
infrastructure and the long-term sustainable development of the new
town.

(2)     In this section, sustainable development means managing the use,
development and protection of land and natural resources in a way which
enables people and communities to provide for their legitimate social,
economic and cultural wellbeing while sustaining the potential of future
generations to meet their own needs.

(3)     In achieving sustainable development, development corporations
should—

(a)   positively identify suitable land for development in line with the
economic, social and environmental objectives so as to improve the
quality of life, wellbeing and health of people and the community;

(b)   contribute to the sustainable economic development of the town;

(c)   contribute to the cultural and artistic development of the town;

(d)   protect and enhance the natural and historic environment;

(e)   contribute to mitigation of and adaptation of climate change
consistent with the objectives of the Climate Change Act 2008;

(f)   promote high quality and inclusive design;

(g)   ensure that decision-making is open, transparent, participative and
accountable; and

(h)   ensure that assets are managed in the long-term interest of the
community.

(4)     In this section “infrastructure” includes—

(a)   water, electricity, gas, telecommunications, sewerage and other
services;

(b)   roads, railways and other transport facilities;

(c)   retail and other business facilities;

(d)   health, educational, employment and training facilities;

(e)   social, religious, recreational and cultural facilities;

(f)   green infrastructure and ecosystems;

(g)   cremation and burial facilities; and

(h)   community facilities not falling within paragraphs (a) to (f); and

“land” is defined as including all the matters set out in the
definition of “land” in Schedule 1 to the Interpretation Act
1978, and also housing including (where the context
permits) any yard, garden, outhouses and appurtenances
belonging to, or usually enjoyed with, the building or part
of building concerned.”

Clause 20

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

80

Page 21, line 11, at end insert “and has reasonable grounds when applying for
believing that the condition has been satisfied”

81

Page 21, line 16, at end insert—

“( )   the Secretary of State is satisfied that there are no adverse
consequences for the community in deeming the condition
to be discharged.”

82

Page 21, leave out lines 25 and 26

83

Page 21, line 39, at end insert—

“( )   in circumstances where the failure of the authority to give
notice within the requisite time is attributable in whole or in
part to the actions or inactions of others including statutory
consultees and the applicant;”

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

LORD WHITTY

 


The above-named Lords give notice of their intention to oppose the Question that Clause 20
stand part of the Bill.

After Clause 20

LORD TOPE

83A*

Insert the following new Clause—

“Board of development corporations: membership

The board of development corporations established by the Secretary of
State shall include at least one local authority elected member who shall
have full voting rights.”

83B*

Insert the following new Clause—

“Custom build housing

(1)     Local authorities may make provision for custom build housing through
the assembly of land within their area.

(2)     Local authorities may charge a fee for this activity from interested parties
to recover their costs.”

83C*

Insert the following new Clause—

“Establishment of development corporations

(1)     The Localism Act 2011 is amended as follows.

(2)     After section 198 insert—

“198A             Local development corporations

(1)     Subsection (2) applies if the Secretary of State receives notification
of a local authority’s desire to create a local development
corporation.

(2)     The Secretary of State must by order—

(a)   establish a corporation for the area,

(b)   give the corporation the name notified to the Secretary of
State by the local authority, and

(c)   give effect to any decisions notified under sections 199(4),
202(8) and 214(6).

(3)     A corporation established under subsection (2) is a local
development corporation.

(4)     In exercising the power under subsection (2) to make provision of
the kind mentioned in section 235(2)(b), the Secretary of State is to
have regard to any relevant representations received from the local
authority.

(5)     This section does not apply to local authorities within London
which are included within a Mayoral Development Corporation.””

Clause 21

LORD TOPE

LORD BEST

LORD JENKIN OF RODING

84

Page 22, line 21, at end insert “or GLA

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

84A*

Page 22, line 21, at end insert “or local authorities

LORD TOPE

LORD BEST

LORD JENKIN OF RODING

85

Page 22, line 23, after “HCA” insert “or GLA”

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

85A*

Page 22, line 23, after “HCA” insert “or local authorities”

85B*

Page 22, line 24, at end insert “provided that any designated property, rights or
liabilities to be transferred pursuant to a scheme—

(a)   have been classified as surplus;

(b)   do not comprise land forming part of a common, open space
or fuel or field garden allotment; and

(c)   do not extinguish any public rights of way.

( )     “Common”, “open space” and “fuel or field garden allotment” have
the same meaning as in section 19 of the Acquisition of Land Act
1981.”

86

Page 22, line 24, at end insert—

“( )     No property may be transferred to the HCA under any such scheme
unless it has been classified as surplus.”

87

Page 22, line 24, at end insert—

“( )     No property may be transferred to the HCA under any such scheme
without the consent of the government department or agency
which owns it or is the sponsoring department of the specified
public body.”

88

Page 22, line 24, at end insert—

“( )     No part of the Public Forest Estate may be transferred to the HCA.”

BARONESS ROYALL OF BLAISDON

LORD MCKENZIE OF LUTON

LORD JUDD

89

Page 23, line 3, at end insert—

“(8)     This section and section 53B do not have effect in relation to
property, rights or liabilities comprising the whole or any part of
the Public Forest Estate.

(9)     The Public Forest Estate comprises all the land, property, rights and
liabilities acquired by the Minister under section 39 of the Forestry
Act 1967 including all such land not needed, or not used, for the
purpose of afforestation or any purpose connected with forestry.”

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

LORD JUDD

90

Page 24, line 4, leave out paragraphs (a) and (b) and insert “after subsection (7)
insert—

“(7A)    An instrument containing (whether alone or with other
provisions) regulations under section 53A(2) may not be
made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.

(7B)    An instrument containing (whether alone or with other
provisions) regulations under section 53B may not be made
unless a draft of the instrument has been laid before and
approved by a resolution of the House of Commons.””

After Clause 21

LORD WHITTY

LORD JUDD

91

Insert the following new Clause—

“Public land released for housing development

(1)     Contracts for release of public land owned by the Homes and Communities
Agency, whether acquired under section 21 or otherwise, if released for
housing development shall specify that not less than 30 per cent of
dwellings built on that land shall be for social housing.

(2)     All contracts for release of the Homes and Communities Agency land,
whether acquired under section 21 or otherwise, shall maintain the
ownership of the freehold of that land with the Homes and Communities
Agency or other public authority or specify the reversion of that freehold
after 25 years.

(3)     Subsection (2) above may be varied by decision of the Secretary of State,
subject to parliamentary approval.”

Clause 22

BARONESS KRAMER

91A*

Page 24, line 24, leave out “(8)” and insert “(8A)”

91B*

Page 24, line 38, at end insert—

“(8A)    After subsection (4) insert—

“(5)     In this section references to the Authority include a company or
body through which the Authority is required by section 34A above
to carry on activities where those activities are carried on for a
commercial purpose.

(6)     Subsection (5) does not affect the application of Parts 3 and 4 of
Schedule 4 to the Housing and Regeneration Act 2008—

(a)   in relation to the acquisition of land by the Authority under
this Part, or

(b)   in relation to land in respect of which functions of the
Authority relating to housing or regeneration are being or
have been exercised.””

Clause 23

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

 


The above-named Lords give notice of their intention to oppose the Question that Clause 23
stand part of the Bill.

Schedule 4

BARONESS KRAMER

92

Page 65, line 24, after “5” insert “or 6 or another relevant enactment”

93

Page 65, line 36, at end insert “;

“relevant enactment” means a provision which is made by or under an
Act and which provides for the registration of a charge or other
matter as a local land charge.”

Clause 24

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

 


The above-named Lords give notice of their intention to oppose the Question that Clause 24
stand part of the Bill.

After Clause 25

BARONESS KRAMER

93A

Insert the following new Clause—

“Provision in building regulations for off-site carbon abatement measures

(1)     The Building Act 1984 is amended as follows.

(2)     In section 1(1A) (matters that may be covered by building regulations) after
paragraph (c) insert “;

(d)   in relation to a building in England, the action to be taken as
a result of the building’s contribution to or effect on
emissions of carbon dioxide (whether or not from the
building itself).”

(3)     Schedule 1 (building regulations) is amended as follows.

(4)     After paragraph 7 insert—

“7A (1)     This paragraph applies if building regulations impose a
requirement in relation to a building in England as respects its
contribution to or effect on emissions of carbon dioxide (whether
or not the requirement relates to emissions from the building
itself).

(2)     Building regulations may make provision for a person to whom
the requirement applies to meet it (in whole or in part) by taking
action otherwise than in relation to the building.

(3)     Such action may include—

(a)   doing things which consist of, or cause or contribute,
directly or indirectly to—


(i)   reductions in emissions of carbon dioxide, or


(ii)   the removal of carbon dioxide from the
atmosphere;

(b)   agreeing with another person that the person will do
things within paragraph (a);

(c)   making a payment or payments to a fund—


(i)   which is administered by, or by a person acting on
behalf of, the Secretary of State, and


(ii)   the proceeds of which are used to pay (directly or
indirectly) for activities within paragraph (a).

(4)     Provision made under paragraph 4A for the use of certificates as
evidence of compliance with building regulations by virtue of
action within sub-paragraph (3) may include provision—

(a)   for the creation and maintenance of a register for keeping
track of the use of certificates for that purpose;

(b)   about the administration of the register;

(c)   for charges to be imposed in connection with the
registration of any matter in the register or for the
disclosure of information held in the register.

(5)     If building regulations make provision for the creation and
maintenance of a register, building regulations must make
provision for the register to be administered by, or by a person
acting on behalf of, the Secretary of State.

(6)     Building regulations may make provision for the creation and
maintenance of a fund of a kind referred to in sub-paragraph
(3)(c), including provision about—

(a)   the administration of such a fund;

(b)   the purposes for which proceeds from such a fund may
be used.

(7)     Building regulations may make provision about—

(a)   the calculation of payments to be made into a fund of a
kind referred to in sub-paragraph (3)(c);

(b)   the maximum payment which may be required to be
made into such a fund in respect of a building.

(8)     Paragraph 8(2) does not prevent building regulations from
providing for action within sub-paragraph (3) to be taken in
relation to a building erected before the date on which the
regulations come into force.”

(5)     In paragraph 8(2) (requirement for building regulations not to apply to
buildings erected before regulations come into force, subject to exceptions)
after “Subject to sub-paragraphs (3) to (6) below and to” insert “paragraph
7A(8) above and”.”

Before Clause 26

LORD WHITTY

LORD JUDD

94

Insert the following new Clause—

“National Infrastructure Plan: energy efficiency

The National Infrastructure Plan shall be altered to include investment in
measures in the domestic and commercial sectors delivering reductions in
energy use through increased energy efficiency and investment in such
areas shall be subject to the same criteria as other items for inclusion in the
Plan.”

LORD WHITTY

94A*

Insert the following new Clause—

“Inclusion of energy efficiency in infrastructure plans

(1)     The Secretary of State must ensure that any document, plan, policy or
report published for the purpose of setting out the Government’s strategy
for meeting the infrastructure needs of the economy includes the
Government’s proposals for how both existing and new infrastructure,
including housing, can be made energy efficient.

(2)     In fulfilling his duty in subsection (1), the Secretary of State must pay
particular regard to ensuring that the energy efficiency proposals—

(a)   are compatible with any carbon budgets set under the Climate
Change Act 2008;

(b)   taken as a whole, will reduce fuel poverty; and

(c)   are considered alongside any proposals contained in the document
for generating or extracting energy.”

After Clause 27

BARONESS KRAMER

95

Insert the following new Clause—

“The Extractive Industries Transparency Initiative

After section 8 of the Commissioners for Revenue and Customs Act 2005
insert—

“8A The Extractive Industries Transparency Initiative

(1)     The Commissioners may do anything which they think necessary
or expedient in connection with the Extractive Industries
Transparency Initiative in so far as it relates to taxes the collection
and management of which is the responsibility of the
Commissioners.

(2)     In this section “the Extractive Industries Transparency Initiative”
means the international initiative of that name which has the aim of
promoting openness in the management of revenues from natural
resources.””

Clause 28

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

95A

Page 28, line 24, leave out from “repeal” to end of line 25 and insert “or revoke any
enactment”

BARONESS KRAMER

95B

Page 28, leave out line 25 and insert “the application of any enactment (but, in the
case of an Act, only if the Act was passed before the end of the Session in which
this Act is passed).”

After Clause 28

LORD BERKELEY

LORD BRADSHAW

96

Insert the following new Clause—

“PART 4A

LEVEL CROSSINGS

Level crossing bill

Within 12 months of the day on which this Act is passed, Her Majesty’s
Government shall introduce into Parliament a bill to give effect to the
recommendations of the Law Commission and the Scottish Law
Commission on level crossings (Cm 8711), and which is substantially based
on the draft Level Crossings Bill prepared by the Law Commission and the
Scottish Law Commission.”

LORD JENKIN OF RODING

96ZA*

Insert the following new Clause—

“PART 4A

IMPACT OF INFRASTRUCTURE SPENDING ON COSTS FOR CONSUMERS

Provision of impact data

(1)     The Treasury may by regulations make provision for the regulators to
provide data, in a manner prescribed by the regulations, about the
anticipated impact of infrastructure spending on the cost of products for
consumers.

(2)     Regulations made under subsection (1) may prescribe—

(a)   the type of infrastructure spending about which data must be
provided;

(b)   the nature of the data to be provided;

(c)   the methodology for collating and manipulating the data, including
assumptions that should be made;

(d)   the form in which the data should be presented;

(e)   the persons that should receive a copy of the data.

(3)     The regulations may make different provision for different regulators
where necessary.

(4)     The Treasury must scrutinise data provided under subsection (1) and
assess—

(a)   the cumulative impact of infrastructure spending on the cost of
products for consumers;

(b)   the affordability of any anticipated increases in the cost of products
for consumers, taking into account factors other than infrastructure
spending that are also likely significantly to impact the cost of
products; and

(c)   differences in affordability between different groups of consumers,
if any.

(5)     The Treasury must publish data provided under subsection (1) and the
assessment made under subsection (4) in such manner as it reasonably
deems appropriate.

(6)     The Treasury must take into account the assessment in subsection (4) in
making decisions about the extent, prioritisation or timing of infrastructure
spending.

(7)     In this section—

(a)   “consumer” means any business, individual or household of
individuals that purchases a product or products;

(b)   “product” means a good or service the provision of which is
regulated by a regulator;

(c)   “a regulator” means any of—

(i)   the Northern Ireland Authority for Utility Regulation;

(ii)   the Office of Communications;

(iii)   the Office of Gas and Electricity Markets;

(iv)   the Office of Rail Regulation;

(v)   the Water Industry Commission for Scotland; and

(vi)   the Water Services Regulation Authority,

and “the regulators” means all of them.”

Clause 29

BARONESS KRAMER

96A

Page 28, line 36, leave out “amend or repeal” and insert “amend, repeal or modify
the application of”

Clause 30

BARONESS KRAMER

97

Page 29, line 18, leave out “, 13 and 14” and insert “and 13 to 15”

98

Page 29, line 29, leave out subsection (4) and insert—

“(4)     In Part 4—

(a)   sections 26, 27 and 28 and Schedule 5 extend to England and Wales
and Scotland, and

(b)   section (The Extractive Industries Transparency Initiative) extends to
England and Wales, Scotland and Northern Ireland.”

Clause 31

BARONESS KRAMER

98A

Page 30, line 9, leave out “and 25” and insert “, 25 and (Provision in building
regulations for off-site carbon abatement measures
)”

In the Title

BARONESS KRAMER

98B

Line 9, after “charges;” insert “to make provision enabling building regulations to
provide for off-site carbon abatement measures;”

99

Line 10, after “facilities;” insert “to enable Her Majesty’s Revenue and Customs to
exercise functions in connection with the Extractive Industries Transparency
Initiative;”

LORD BERKELEY

100

Line 10, after “facilities;” insert “to make provision about level crossings;”

Prepared 9th July 2014