Infrastructure Bill (HL Bill 53)

(4) A warrant may authorise a person to use reasonable force if
necessary, but a person so authorised—

(a) must be accompanied by a constable when doing so, and

(b) may not use force against an individual.

5Authorisation by environmental authority

23 (1) To enter premises under paragraph 21 in circumstances other than
those specified in paragraph 22(1), a person must be authorised in
writing by the environmental authority.

(2) A person authorised by an environmental authority may not
10demand admission as of right to any premises unless reasonable
notice has been given to all owners of the premises of whom the
authority is aware.

(3) For these purposes less than 48 hours’ notice is not reasonable.

Exercise of right of entry

24 (1) 15A right of entry under paragraph 21 is exercisable at any reasonable
time.

(2) A person authorised under paragraph 22 or 23 to enter premises
must, if so required before entering, produce evidence of his or her
warrant or other authorisation and state the purpose of entry.

(3) 20A person entering premises under paragraph 21 may—

(a) take on to the premises such other persons as may be
necessary;

(b) take any equipment, machinery or materials on to the
premises;

(c) 25take samples of anything in or on the premises.

(4) A person who enters premises under paragraph 21 which are
unoccupied or from which the owner is temporarily absent must, on
departure, leave them as effectively secured as they were on entry.

Part 5 30Supplementary

Compensation

25 (1) The Secretary of State and the Welsh Ministers may (separately or
jointly) make arrangements for the payment of compensation to an
owner of premises in respect of financial loss resulting from—

(a) 35a species control agreement or order, or

(b) the exercise of the powers of entry under this Schedule.

(2) The arrangements may secure that compensation is payable only for
financial loss above a specified amount.

Codes of practice

26 (1) The Secretary of State must issue a code of practice in relation to
species control agreements and orders in England.

(2) A code under this paragraph must in particular provide guidance to
5environmental authorities in England on—

(a) when to offer to enter into a species control agreement;

(b) how to go about entering into a species control agreement;

(c) what a species control agreement should contain (and in
particular what it should contain by way of provision about
10payment of costs);

(d) when to make a species control order;

(e) what a species control order should contain (and in particular
what it should contain by way of provision about payment
and recovery of costs);

(f) 15standards of animal welfare to be met in connection with
species control agreements and orders.

(3) A code under this paragraph may be revised or replaced.

(4) Before issuing (or revising or replacing) a code under this paragraph
the Secretary of State must carry out a public consultation.

(5) 20The Secretary of State must—

(a) ensure that a code under this paragraph is published in a way
that is appropriate for bringing it to the attention of persons
likely to be affected by it, and

(b) lay a copy of a code under this paragraph before Parliament.

27 (1) 25The Welsh Ministers must issue a code of practice in relation to
species control agreements and orders in Wales.

(2) A code under this paragraph must in particular provide guidance to
environmental authorities in Wales on—

(a) when to offer to enter into a species control agreement;

(b) 30how to go about entering into a species control agreement;

(c) what a species control agreement should contain (and in
particular what it should contain by way of provision about
payment of costs);

(d) when to make a species control order;

(e) 35what a species control order should contain (and in particular
what it should contain by way of provision about payment
and recovery of costs);

(f) standards of animal welfare to be met in connection with
species control agreements and orders.

(3) 40A code under this paragraph may be revised or replaced.

(4) Before issuing (or revising or replacing) a code under this paragraph
the Welsh Ministers must carry out a public consultation.

(5) The Welsh Ministers must—

(a) ensure that a code under this paragraph is published in a way
45that is appropriate for bringing it to the attention of persons
likely to be affected by it, and

(b) lay a copy of a code under this paragraph before the National
Assembly for Wales.

28 (1) A person’s failure to comply with a provision of a code under
paragraph 26 or 27 does not make the person liable to civil or
5criminal proceedings.

(2) A code under paragraph 26 or 27—

(a) is admissible in evidence in any civil proceedings, and

(b) must be taken into account by a court in any civil proceedings
in which it appears to the court to be relevant.”

(4) 10In section 19 (enforcement), at the end insert—

“(9) This section does not apply in relation to offences under Schedule 9A.”

(5) In section 25 (functions of local authorities), at the end insert—

“(3) Nothing in this section applies in relation to Schedule 9A or orders or
offences under it.”

(6) 15In section 26 (regulations, orders, notices etc), at the end insert—

“(7) In this section references to orders do not include species control orders
under Schedule 9A.”

20 Native and non-native species etc

(1) Schedule 9 to the Wildlife and Countryside Act 1981 (animals and plants to
20which section 14 of that Act applies) is amended as follows.

(2) In the heading to Part 1, at the beginning insert “NON-NATIVE”.

(3) In Part 1, omit the entries relating to the wild boar, capercaillie, chough,
corncrake, common crane, white-tailed eagle, goshawk, red kite and barn owl.

(4) After Part 1 insert—

25“ Part IA NATIVE ANIMALS

(5) After Part 1A (as inserted by subsection (4) above) insert—

“ Part IB 5ANIMALS NO LONGER NORMALLY PRESENT

21 Species control agreements and orders: supplementary

(1) The Wildlife and Countryside Act 1981 is amended as follows.

(2) 10In section 14 (introduction of new species etc), in subsection (1)(b), after “Part
I” insert “, IA or IB”.

(3) In the heading to section 14ZA (sale etc of invasive non-native species), for
“invasive non-native species” substitute “certain animals and plants included
in Schedule 9”.

(4) 15In the heading to section 14ZB (codes of practice in connection with invasive
non-native species), for “invasive non-native species” substitute “species
which are non-native or included in Schedule 9”.

(5) In section 22 (power to vary Schedules), in subsection (5)(a), after “Part I” insert
“, IA or IB”.

20Part 4 Planning, land and buildings

Nationally significant infrastructure projects

22 Timing of appointment of examining authority

In section 61 of the Planning Act 2008 (decision as to whether application for
25order 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.”

23 Two-person Panels

(1) 30In 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
members if Panel comes to have two members or a single member)—

(a) omit “two members or”, and

(b) for “three” substitute “two”.

(3) 5In 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) 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
10proposed decision by the Panel, the view of the lead member is
to 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”.

24 15Changes to, and revocation of, development consent orders

(1) Schedule 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
20prescribed consultation and publicity requirements) after “Secretary of
State” 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)
25includes power to allow the Secretary of State or the person
who 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) 30The Secretary of State may refuse to exercise the power on an
application 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) 35In 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

25 Deemed discharge of planning conditions

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

“74A Deemed discharge of planning conditions

(1) 5The 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) has been imposed on the grant of planning permission for the
development of land in England, and

(b) 10requires 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
by the condition is deemed to have been given.

(4) 15A 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
authority for the consent, agreement or approval required by
20the 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) the applicant has taken such further steps (if any) as are
25prescribed 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) allowing or requiring steps to be taken by the applicant or the
30local 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
(including for this to be determined by the applicant, subject to
35such 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) as to the form or content of any notice which may or must be
40given 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) 45in 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) in other prescribed circumstances.

(7) The power in subsection (6)(d) includes power to provide that
5provision 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) 10The 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
15a 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
20to 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) 25In 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

26 30Property etc transfers to the HCA

(1) The Housing and Regeneration Act 2008 is amended in accordance with
subsections (2) and (3).

(2) After section 53 (and after the italic heading before section 54) insert—

“53A Other property etc transfers to the HCA

(1) 35The 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) In subsection (2) “specified public body” means a public body which is
for the time being specified, or of a description specified, by regulations
40made 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) In 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
  5nature.

(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) Her Majesty in right of Her private estates,

(c) 10Her 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 15Tax consequences of transfers under section 53A

(1) The 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) 20anything done for the purposes of, or in relation to, or in
consequence 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) 25a tax provision not to apply, or to apply with modifications, in
relation 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
30consent 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 any property,
rights or liabilities transferred.

(3) The provision that may be made under subsection (1)(b) includes, in
35particular, provision for—

(a) a 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
40consequence of, the transfer to have or not have a specified
consequence 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
45purposes 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) In this section—

Infrastructure BillPage 28

• “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) 5References 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) 10the modification of interests, rights or liabilities under the
scheme,

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

(3) In section 320 (orders and regulations)—

(a) 15in 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
20subject to annulment in pursuance of a resolution of the House
of Commons.”

(4) The Greater London Authority Act 1999 is amended in accordance with
subsections (5) and (6).

(5) After section 333D insert—

333DA 25  Transfer schemes

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

(a) the Authority, or

(b) 30a company or body through which the Authority exercises
functions in relation to housing or regeneration.

(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) 35On 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) In this section—

• “designated”, in relation to a scheme, means specified in or
  40determined in accordance with the scheme;

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

(5) This section and sections 333DB and 333DC bind the Crown, but do not
have effect in relation to property, rights or liabilities belonging to—

(a) 45Her 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) the Duchy of Cornwall.

(6) The reference in subsection (5) to Her Majesty’s private estates is to be
construed in accordance with section 1 of the Crown Private Estates Act
51862.

333DB   Further provisions about transfer schemes

(1) A transfer scheme may—

(a) create for the transferor interests in, or rights over, property
transferred by virtue of the scheme,

(b) 10create for a transferee interests in, or rights over, property
retained by the transferor or transferred to another transferee,

(c) create rights or liabilities between the transferor and a
transferee or between transferees.

(2) A transfer scheme may provide for the transfer of property, rights or
15liabilities that would not otherwise be capable of being transferred or
assigned.

(3) In particular, a transfer scheme may provide for the transfer to take
effect regardless of a contravention, liability or interference with an
interest or right that would otherwise exist by reason of a provision
20having effect in relation to the terms on which the transferor is entitled
to the property or right, or subject to the liability, in question.

(4) It does not matter whether the provision referred to in subsection (3)
has effect under an enactment or an agreement or in any other way.

(5) A certificate by the Secretary of State that anything specified in the
25certificate has vested in any person by virtue of a transfer scheme is
conclusive evidence for all purposes of that fact.

(6) A transfer scheme may contain provision for the payment of
compensation by the Secretary of State to any person whose interests
are adversely affected by it.

(7) 30A transfer by virtue of a transfer scheme does not affect the validity of
anything done by or in relation to the transferor before the transfer
takes effect.

(8) Anything which—

(a) is done by the transferor for the purposes of, or otherwise in
35connection with, anything transferred by virtue of a transfer
scheme, and

(b) is in effect immediately before the transfer date,

is to be treated as done by the transferee.

(9) There may be continued by or in relation to the transferee anything
40(including legal proceedings)—

(a) which relates to anything transferred by virtue of a transfer
scheme, and

(b) which is in the process of being done by or in relation to the
transferor immediately before the transfer date.

(10) 45Subsection (11) applies to any document—