Infrastructure Bill (HL Bill 2)

(4) In section 75 of that Act (decision-making by Panel)—

(a) before subsection (1) insert—

“(A1) If the members of a Panel with two members disagree as to a
proposed decision by the Panel, the view of the lead member is
5to prevail.”, and

(b) in subsection (1) (decision by Panel requires the agreement of a
majority) for “the Panel” substitute “a Panel with three or more
members”.

19 Changes to, and revocation of, development consent orders

(1) 10Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders
granting development consent) is amended as follows.

(2) In paragraph 2 (non-material changes to orders)—

(a) in sub-paragraph (8) (duty for Secretary of State to comply with
prescribed consultation and publicity requirements) after “Secretary of
15State” insert “and the person who has made the application under sub-
paragraph (4)”, and

(b) after that sub-paragraph insert—

“(8A) The power to make regulations under sub-paragraph (8)
includes power to allow the Secretary of State or the person
20who has made the application under sub-paragraph (4) to
exercise a discretion.”

(3) In paragraph 3 (changes to, and revocation of, orders) after sub-paragraph (5)
insert—

“(5A) The Secretary of State may refuse to exercise the power on an
25application made under sub-paragraph (4) or (5) if, in particular, the
Secretary of State considers that the development that would be
authorised as a result of the change should properly be the subject of
an application under section 37 for a development consent order.”

(4) In paragraph 4 (supplementary provisions about changes to, and revocation of,
30orders) after sub-paragraph (5) insert—

“(5A) The power to make regulations under sub-paragraph (4) includes
power to allow a person to exercise a discretion.”

Deemed discharge of planning conditions

20 Deemed discharge of planning conditions

35After section 74 of the Town and Country Planning Act 1990 insert—

“74A Deemed discharge of planning conditions

(1) The Secretary of State may by development order make provision for
the deemed discharge of a condition to which this section applies.

(2) This section applies to a condition which—

(a) 40has been imposed on the grant of planning permission for the
development of land in England, and

(b) requires the consent, agreement or approval of a local planning
authority to any matter.

(3) Deemed discharge of a condition means that the local planning
authority’s consent, agreement or approval to any matter as required
5by the condition is deemed to have been given.

(4) A development order which makes provision for deemed discharge of
a condition must provide that the condition is deemed to be discharged
only if—

(a) a person (“the applicant”) has applied to the local planning
10authority for the consent, agreement or approval required by
the condition,

(b) the period for the authority to give notice of their decision on
the application has elapsed without that notice having been
given, and

(c) 15the applicant has taken such further steps (if any) as are
prescribed under subsection (5).

(5) The Secretary of State may by development order make provision
about the procedure for the deemed discharge of a planning condition
and, in particular, provision—

(a) 20allowing or requiring steps to be taken by the applicant or the
local planning authority;

(b) as to the time at which or period within which a step may or
must be taken;

(c) as to the time at which the deemed discharge takes effect
25(including for this to be determined by the applicant, subject to
such limitations as may be prescribed);

(d) for a time or period within paragraph (b) or (c) to be modified
by agreement between the applicant and the local planning
authority;

(e) 30as to the form or content of any notice which may or must be
given as part of the procedure, and as to the means by which it
may or must be given.

(6) The Secretary of State may by development order provide that
provision for deemed discharge of a condition does not apply—

(a) 35in relation to a condition of a prescribed description;

(b) in relation to a condition imposed on the grant of planning
permission of a prescribed description;

(c) in relation to a condition imposed on the grant of planning
permission for development of a prescribed description;

(d) 40in other prescribed circumstances.

(7) The power in subsection (6)(d) includes power to provide that
provision for deemed discharge of a condition does not apply where an
applicant for planning permission and the local planning authority to
whom the application is made agree, before or after planning
45permission is granted, that it should not apply in relation to a condition
imposed on the grant of permission.

(8) The Secretary of State may by development order make provision for
section 78(2) (appeals to the Secretary of State) not to apply, or to apply
with modifications, where—

(a) a person has applied for the consent, agreement or approval of
a local planning authority required by a condition imposed on
a grant of planning permission,

(b) the local planning authority have not given notice to that person
5of their decision on the application within the period mentioned
in section 78(2), and

(c) the person has taken such further steps (if any) as are prescribed
to bring about the deemed discharge of the planning condition.

(9) A development order which makes provision for deemed discharge of
10a condition must limit the application of that provision to a condition
imposed on the grant of planning permission following an application
made after the development order comes into force.

(10) In this section—

• “condition” includes a limitation;

• 15“prescribed” means prescribed by development order made by
  the Secretary of State.”

The Homes and Communities Agency and other bodies

21 Property etc transfers to the HCA

(1) After section 53 of the Housing and Regeneration Act 2008 (and after the italic
20heading before section 54 of that Act) insert—

“53A Other property etc transfers to the HCA

(1) The Secretary of State may at any time make one or more schemes for
the transfer to the HCA of designated property, rights or liabilities of a
specified public body.

(2) 25In subsection (1) “specified public body” means a public body which is
for the time being specified, or of a description specified, by regulations
made by the Secretary of State.

(3) On the date specified by a scheme as the date on which the scheme is to
have effect, the designated property, rights or liabilities are transferred
30and vest in accordance with the scheme.

(4) Schedule 6 applies to a scheme under this section.

(5) In this section—

• “designated”, in relation to a scheme, means specified in or
  determined in accordance with the scheme;

• 35“public body” means a person or body with functions of a public
  nature.

(6) This section and section 53B bind the Crown, but do not have effect in
relation to property, rights or liabilities belonging to—

(a) Her Majesty in right of the Crown,

(b) 40Her Majesty in right of Her private estates,

(c) Her Majesty in right of the Duchy of Lancaster, or

(d) the Duchy of Cornwall.

(7) The reference in subsection (6) to Her Majesty’s private estates is to be
construed in accordance with section 1 of the Crown Private Estates Act
1862.

53B Tax consequences of transfers under section 53A

(1) 5The Treasury may by regulations make provision for varying the way
in which a relevant tax has effect from time to time in relation to—

(a) any property, rights or liabilities transferred in accordance with
a transfer scheme under section 53A, or

(b) anything done for the purposes of, or in relation to, or in
10consequence of, the transfer of any property, rights or liabilities
in accordance with such a transfer scheme.

(2) The provision that may be made under subsection (1)(a) includes, in
particular, provision for—

(a) a tax provision not to apply, or to apply with modifications, in
15relation to any property, rights or liabilities transferred;

(b) any property, rights or liabilities transferred to be treated in a
specified way for the purposes of a tax provision;

(c) the Secretary of State to be required or permitted, with the
consent of the Treasury, to determine, or to specify the method
20for determining, anything which needs to be determined for the
purposes of any tax provision so far as relating to any property,
rights or liabilities transferred.

(3) The provision that may be made under subsection (1)(b) includes, in
particular, provision for—

(a) 25a tax provision not to apply, or to apply with modifications, in
relation to anything done for the purposes of, or in relation to,
or in consequence of, the transfer;

(b) anything done for the purposes of, or in relation to, or in
consequence of, the transfer to have or not have a specified
30consequence or be treated in a specified way;

(c) the Secretary of State to be required or permitted, with the
consent of the Treasury, to determine, or to specify the method
for determining, anything which needs to be determined for the
purposes of any tax provision so far as relating to anything done
35for the purposes of, or in relation to, or in consequence of, the
transfer.

(4) In this section—

• “relevant tax” means income tax, corporation tax, capital gains tax,
  stamp duty, stamp duty land tax or stamp duty reserve tax;

• 40“tax provision” means a provision of an enactment about a
  relevant tax.

(5) References in this section to the transfer of property, rights or liabilities
in accordance with a transfer scheme under section 53A include
references to—

(a) 45the creation of interests, rights or liabilities under the scheme,
and

(b) the modification of interests, rights or liabilities under the
scheme,

(and “transferred”, in relation to property, rights or liabilities, is to be
read accordingly).”

(2) In section 320 (orders and regulations) of that Act—

(a) in subsection (7) (instruments subject to annulment in pursuance of a
5resolution of either House of Parliament) after paragraph (c) insert—

“(ca) regulations under section 53A(2),”, and

(b) after that subsection insert—

“(7A) An instrument containing regulations under section 53B is
subject to annulment in pursuance of a resolution of the House
10of Commons.”

22 Easements etc affecting land

(1) The Housing and Regeneration Act 2008 is amended in accordance with
subsections (2) to (4).

(2) In section 11 (which introduces the provision made about land of the HCA in
15Schedule 3) for “land of the HCA” substitute “land acquired by the HCA”.

(3) In the title to Schedule 3 (main powers in relation to land of the HCA) for “land
of the HCA” substitute “land acquired by the HCA”.

(4) In paragraph 1 of that Schedule (powers to override easements etc in
undertaking works on, or using, land of the HCA) in each of sub-paragraphs
20(1) and (3) for “land of the HCA” substitute “land which has been vested in or
acquired by the HCA”.

(5) Section 333ZB of the Greater London Authority Act 1999 (powers in relation to
land held for housing or regeneration purposes) is amended in accordance
with subsections (6) to (8).

(6) 25In the heading after “land” insert “acquired or”.

(7) For subsection (1) (application of Schedule 3 to the Housing and Regeneration
Act 2008 to land held by the GLA) substitute—

“(1) Schedule 3 to the Housing and Regeneration Act 2008 (powers in
relation to land acquired by the Homes and Communities Agency)
30applies in relation to the Authority and land which has been vested in
or acquired by the Authority for the purposes of housing or
regeneration as it applies in relation to the Homes and Communities
Agency and land which has been vested in or acquired by the Agency.”

(8) In subsection (2) for the “and” at the end of paragraph (a) substitute—

“(aa) 35references to land which has been vested in or acquired by the
Homes and Communities Agency are to be read as references to
land which has been vested in or acquired by the Authority for
the purposes of housing or regeneration, and”.

(9) In section 208 of the Localism Act 2011 (powers in relation to land acquired by
40a Mayoral development corporation) for subsection (1) substitute—

“(1) Schedule 3 to the Housing and Regeneration Act 2008 (powers, in
relation to land acquired by the Homes and Communities Agency, to
override easements etc, to extinguish public rights of way, and in
relation to burial grounds and consecrated land) applies in relation to

an MDC and land which has been vested in or acquired by an MDC as
it applies in relation to the Homes and Communities Agency and land
which has been vested in or acquired by the Agency.”

(10) The amendments made by this section do not apply in relation to land which
5is disposed of by the Homes and Communities Agency, the Greater London
Authority or a Mayoral development corporation before the day on which this
section comes into force.

Her Majesty’s Land Registry

23 Transfer of responsibility for local land charges to Land Registry

(1) 10Schedule 4 (transfer of responsibility for local land charges to Land Registry)
has effect.

(2) In that Schedule—

(a) Part 1 amends the Local Land Charges Act 1975,

(b) Part 2 amends the Land Registration Act 2002,

(c) 15Part 3 amends other Acts, and

(d) Part 4 contains transitional provision.

24 Conferral of additional powers on Land Registry

(1) In section 105 of the Land Registration Act 2002 (power of registrar to provide
or arrange for the provision of consultancy or advisory services about the
20registration of land in England and Wales or elsewhere) in subsection (1) for
the words from “, consultancy or advisory services” to the end substitute “—

(a) consultancy or advisory services about land or other property
in England and Wales or elsewhere,

(b) information services about land or other property in England
25and Wales, or

(c) services relating to documents or registers which relate to land
or other property in England and Wales.”

(2) For the title to that section substitute “Services relating to land or other
property”.

25 30Transfer of power to nominate member of Rule Committee

(1) In section 127(2)(h) of the Land Registration Act 2002 (power of Lord
Chancellor to nominate consumer affairs member of Rule Committee) for
“Lord Chancellor” substitute “Secretary of State”.

(2) This section applies in relation to the nomination of a member of the Rule
35Committee on or after the day on which this section comes into force.

Part 4 Energy

The community electricity right

26 The community electricity right

(1) 5The Secretary of State may make regulations which give individuals resident
in a community or groups connected with a community (or both) the right to
buy a stake in a renewable electricity generation facility that is located—

(a) in the community (if it is a land-based facility), or

(b) adjacent to the community (if it is an offshore facility).

(2) 10The Secretary of State may make regulations about—

(a) the kind, or kinds, of body which may be a facility operator,

(b) ownership of facility operators, and

(c) matters relating to the ownership of facility operators (including the
rights, duties and powers arising from ownership),

15if the Secretary of State considers that the regulations are appropriate in
connection with the right to buy.

(3) The Secretary of State may make regulations about the supply of information
in connection with the following—

(a) the right to buy;

(b) 20ownership of stakes in qualifying facilities (including the transfer of
ownership);

(c) operation of qualifying facilities;

(d) ownership of facility operators (including matters relating to the
ownership of facility operators);

(e) 25monitoring and assessing—

(i) the operation of the right to buy, and

(ii) the ownership of stakes in qualifying facilities.

(4) The Secretary of State may make regulations about the enforcement of
obligations imposed by regulations made under any of subsections (1) to (3);
30and the regulations about enforcement may include—

(a) provision for obligations to be enforceable as, or as if they were,
generation licence conditions or relevant requirements;

(b) a power to impose financial penalties for breach of obligations.

(5) The Secretary of State may by regulations modify—

(a) 35any generation licence condition, or

(b) any generation licence exemption,

if the Secretary of State considers that the modification is appropriate in
connection with regulations made under any of subsections (1) to (4) or this
subsection.

(6) 40Schedule 5 (which describes certain provision that community electricity right
regulations can make, including provision about renewable electricity
generation facilities, communities, and individuals and groups who may
exercise the right to buy) has effect.

(7) In this section, Schedule 5 and section 27—

• “community electricity right regulations” means regulations under this
  section;

• “electricity generation licence” means a licence granted under section
  56(1)(a) of the Electricity Act 1989;

• “facility operator” means a person who generates, or is expected to
  generate, electricity at a qualifying facility for the purpose of giving a
  supply to any premises or enabling a supply to be so given;

• “generation licence condition” means—

  (a)

  10the conditions of a particular electricity generation licence, or

  (b)

  the standard conditions so far as they are incorporated in
  electricity generation licences by virtue of section 8A of the
  Electricity Act 1989;

• “generation licence exemption” means an exemption from section 4(1)(a)
  15of the Electricity Act 1989 granted under section 5(1) of that Act;

• “land-based facility” means a renewable electricity generation facility that
  is not an offshore facility;

• “offshore facility” means a renewable electricity generation facility that is
  located in waters in or adjacent to Great Britain that are beyond the
  20mean low water mark;

• “qualifying facility” means a renewable electricity generation facility in
  relation to which the right to buy is to be, is, or has been, exercisable;

• “relevant requirement” has the same meaning as in section 25 of the
  Electricity Act 1989;

• 25“renewable electricity generation facility” means a facility using a
  renewable source of energy to generate electricity (and here “renewable
  source” has the same meaning as in sections 32 to 32LB of the Electricity
  Act 1989 — see section 32M of that Act) which is located in—

  (a)

  Great Britain,

  (b)

  30waters in or adjacent to Great Britain which are between the
  mean low water mark and the seaward limits of the territorial
  sea adjacent to Great Britain, but do not form part of that
  territorial sea,

  (c)

  the territorial sea adjacent to Great Britain, or

  (d)

  35the Renewable Energy Zone (within the meaning of Chapter 2
  of Part 2 of the Energy Act 2004), except for any part of that
  Zone which forms part of the territorial sea adjacent to
  Northern Ireland;

• “right to buy” means the right to buy a stake in a renewable electricity
  40generation facility that is given by regulations under subsection (1).

27 Supplementary provision

(1) Community electricity right regulations may confer a function on—

(a) the Secretary of State, or

(b) any other person, apart from the Scottish Ministers or the Welsh
45Ministers.

(2) The functions that may be imposed include—

(a) a duty (including a restriction or prohibition);

(b) a function involving the exercise of a discretion;

(c) a requirement to consult;

(d) a requirement to take account of guidance.

(3) The provisions of section 26, Schedule 5 and this section which specify
particular kinds of provision that may be made in community electricity right
regulations do not limit the powers conferred by section 26 to make such
5regulations.

(4) The duties under Schedule 5 to make particular provision in community
electricity right regulations do not apply unless the Secretary of State decides
to exercise the power conferred by section 26 to make such regulations.

(5) Provision which commences community electricity right regulations may be
10framed so as to secure that the regulations do not apply to a renewable
electricity generation facility if development of the facility has reached a stage
of advancement specified in the commencement provision.

(6) A reference in section 26 or Schedule 5 to buying a stake in a renewable
electricity generation facility includes a reference to making a loan in relation
15to a renewable electricity generation facility.

(7) The Secretary of State must carry out a review of section 26, Schedule 5 and the
preceding provisions of this section as soon as reasonably practicable after the
end of the period of 5 years beginning with the day on which they come into
force.

20Consequential provision

28 Consequential provision

(1) The Secretary of State may by regulations make consequential provision in
connection with any provision made by or under this Part.

(2) Regulations under this section may amend, repeal, revoke or otherwise modify
25any enactment (whenever passed or made).

(3) In this section “enactment” includes an enactment comprised in subordinate
legislation within the meaning of the Interpretation Act 1978.

Part 5 General provisions

29 30Regulations and orders

(1) Regulations and orders made by the Secretary of State, the Treasury or the
Welsh Ministers under this Act are to be made by statutory instrument.

(2) A statutory instrument containing (whether alone or with other provisions)—

(a) regulations under section 13,

(b) 35regulations under section 26, or

(c) regulations under section 14 or 28 which amend or repeal an Act,

may not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

(3) Subsection (2) does not apply to a statutory instrument containing only
40regulations under section 26(5)(b).

(4) A statutory instrument—

(a) which contains regulations under this Act other than under section 11
or 31, and

(b) to which subsection (2) does not apply,

5is subject to annulment in pursuance of a resolution of either House of
Parliament.

(5) A statutory instrument which contains regulations under section 11 is subject
to annulment in pursuance of a resolution of the House of Commons.

(6) A power to make regulations under this Act may be used—

(a) 10to make different provision for different purposes;

(b) in relation to all or only some of the purposes for which it may be used.

(7) Regulations under this Act may include incidental, supplementary,
consequential, transitional, transitory or saving provision.

(8) Subsections (6) and (7) do not apply to regulations under section 31.

30 15Extent

(1) Part 1 (strategic highways companies) extends to England and Wales only,
save that—

(a) sections 11, 13 and 14 extend to England and Wales, Scotland and
Northern Ireland, and

(b) 20an amendment or repeal made by that Part, other than the amendment
made by section 12(7), has the same extent as the provision to which it
relates.

(2) Part 2 (invasive non-native species) extends to England and Wales only.

(3) In Part 3 (planning and land)—

(a) 25an amendment or repeal has the same extent as the provision to which
it relates, and

(b) section 22(10), Part 4 of Schedule 4 and section 23 so far as applying to
that Part extend to England and Wales only.

(4) Part 4 (energy) extends to England and Wales and Scotland.

(5) 30This Part extends to England and Wales, Scotland and Northern Ireland.

31 Commencement

(1) Part 1 (strategic highways companies) comes into force—

(a) in so far as it confers power to make regulations, on the day on which
this Act is passed, and

(b) 35for all other purposes, on such day as the Secretary of State appoints by
regulations.

(2) Part 2 (invasive non-native species)—

(a) so far as it relates to England, comes into force on such day as the
Secretary of State appoints by regulations, and

(b) 40so far as it relates to Wales, comes into force on such day as the Welsh
Ministers appoint by regulations.

(3) In Part 3 (planning and land)—