Infrastructure Bill (HL Bill 45)

order granting development consent should be handled by Panel or single
appointed person) for subsection (1) substitute—

“(1) Subsection (2) applies where the Secretary of State has accepted an
application for an order granting development consent.”

18 5Two-person Panels

(1) In section 65 of the Planning Act 2008 (appointment of Panel to examine
application for order granting development consent) in subsection (1)(a) (Panel
to consist of three, four or five persons) before “three” insert “two,”.

(2) In section 68(3) of that Act (duty of Secretary of State to appoint additional
10members if Panel comes to have two members or a single member)—

(a) omit “two members or”, and

(b) for “three” substitute “two”.

(3) In section 73(1)(b) of that Act (Panel’s continuing identity not affected by its
coming to have two members or a single member) omit “two members or”.

(4) 15In 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
to prevail.”, and

(b) 20in 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) Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders
25granting 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
State” insert “and the person who has made the application under sub-
30paragraph (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
who has made the application under sub-paragraph (4) to
35exercise 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
application made under sub-paragraph (4) or (5) if, in particular, the
40Secretary 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,

orders) 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 5Deemed discharge of planning conditions

After 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) 10This section applies to a condition which—

(a) has 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) 15Deemed discharge of a condition means that the local planning
authority’s consent, agreement or approval to any matter as required
by 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
20only if—

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

(b) the period for the authority to give notice of their decision on
25the application has elapsed without that notice having been
given, and

(c) the 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
30about the procedure for the deemed discharge of a planning condition
and, in particular, provision—

(a) allowing 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
35must be taken;

(c) as to the time at which the deemed discharge takes effect
(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
40by agreement between the applicant and the local planning
authority;

(e) as 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) in relation to a condition of a prescribed description;

(b) in relation to a condition imposed on the grant of planning
5permission of a prescribed description;

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

(d) in other prescribed circumstances.

(7) The power in subsection (6)(d) includes power to provide that
10provision 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
permission is granted, that it should not apply in relation to a condition
imposed on the grant of permission.

(8) 15The 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
20a grant of planning permission,

(b) the local planning authority have not given notice to that person
of 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
25to bring about the deemed discharge of the planning condition.

(9) A development order which makes provision for deemed discharge of
a 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) 30In this section—

• “condition” includes a limitation;

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

The Homes and Communities Agency and other bodies

21 35Property etc transfers to the HCA

(1) After section 53 of the Housing and Regeneration Act 2008 (and after the italic
heading 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
40the transfer to the HCA of designated property, rights or liabilities of a
specified public body.

(2) In 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
and vest in accordance with the scheme.

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

(5) 5In this section—

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

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

(6) 10This 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) Her Majesty in right of Her private estates,

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

(d) 15the 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) 20The 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
25consequence 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
30relation 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
35for 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) 40a 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
45consequence 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
for the purposes of, or in relation to, or in consequence of, the
transfer.

(4) 5In this section—

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

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

(5) 10References in this section to the transfer of property, rights or liabilities
in accordance with a transfer scheme under section 53A include
references to—

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

(b) 15the 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) 20in subsection (7) (instruments subject to annulment in pursuance of a
resolution 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
25subject to annulment in pursuance of a resolution of the House
of Commons.”

22 Easements etc affecting land

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

(2) 30In section 11 (which introduces the provision made about land of the HCA in
Schedule 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
35undertaking works on, or using, land of the HCA) in each of sub-paragraphs
(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
40with subsections (6) to (9).

(6) In 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)
applies in relation to the Authority and land which has been vested in
5or 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) references to land which has been vested in or acquired by the
10Homes 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) After subsection (4) insert—

“(5) In this section references to the Authority include a company or body
15through 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) 20in 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.”

(10) 25In section 208 of the Localism Act 2011 (powers in relation to land acquired by
a 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
30relation 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.”

(11) The amendments made by this section do not apply in relation to land which
35is 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) 40Schedule 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) Part 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
5or arrange for the provision of consultancy or advisory services about the
registration 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) 10information services about land or other property in England
and 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
15property”.

25 Transfer 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) 20This section applies in relation to the nomination of a member of the Rule
Committee on or after the day on which this section comes into force.

Off-site carbon abatement measures

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

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

(2) 25In 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) 30Schedule 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
35requirement 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) 40doing 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) 5making 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) 10Provision 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) 15about 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
20maintenance 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),
25including 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) 30the 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
35providing 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)
40after “Subject to sub-paragraphs (3) to (6) below and to” insert “paragraph
7A(8) above and”.

Part 4 Energy

The community electricity right

27 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 28—

• “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).

28 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;