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Mr Keith Hill
61
Schedule 4, page 69, line 31, leave out from beginning to 'is' in line 32 and insert 'The Highways Act 1980'.
Mr Keith Hill
62
Schedule 4, page 69, line 33, leave out 'subsection' and insert 'section 232'.
Mr Keith Hill
63
Schedule 4, page 69, line 35, leave out 'subsection' and insert 'section 232'.
Mr Keith Hill
64
Schedule 4, page 69, line 41, at end insert—
| ' | (4) | Section 259 (power to confirm, etc, compulsory purchase order in part) is omitted. |
| (5) | The amendment made by sub-paragraph (4) does not apply to a compulsory purchase order of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published before the commencement of that sub-paragraph.' |
Mr Keith Hill
65
Schedule 4, page 69, line 41, at end insert—
'Acquisition of Land Act 1981 (c. 67)
| | | In section 29(5) of the Acquisition of Land Act 1981 for the words " any reference to any owner, lessee or occupier" there are substituted the words "the reference to a qualifying person for the purposes of section 12(2)". |
Mr Keith Hill
66
Schedule 4, page 70, line 1, at beginning insert—
'Housing Act 1985 (c. 68)
| | (1) | In section 578A of the Housing Act 1985 (modification of compulsory purchase order in case of acquisition of land for clearance), in subsection (2), for "section 13" there is substituted "sections 13 to 13C". |
| (2) | The amendment made by sub-paragraph (1) does not apply to compulsory purchase orders of which notice under section 11 of the Acquisition of Land Act 1981 is published before commencement of this paragraph. |
'Education Reform Act 1988 (c. 40)
| | (1) | The Education Reform Act 1988 is amended as follows. |
| (2) | In section 190 (wrongful contracts or disposals), in subsection (6) for the words from "references" to the end there is substituted "the reference in section 12 of that Act to an owner of the land included reference to the London Residuary Body". |
| (3) | In section 201 (wrongful disposals), in subsection (6), for the words from "references" to the end there is substituted "the reference in section 12 of that Act to an owner of the land included reference to the local education authority concerned". |
| (4) | The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of the Acquisition of Land Act 1981 is published before commencement of this paragraph. |
Housing Act 1988 (c. 50)
| | (1) | Paragraph 2 of Schedule 10 to the Housing Act 1988 (modifications of Acquisition of Land Act 1981) is omitted. |
| (2) | The amendment made by sub-paragraph (1) does not apply to compulsory purchase orders of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published before commencement of this paragraph.' |
Mr Keith Hill
67
Schedule 4, page 70, line 6, at end insert—
'Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
| | (1) | Schedule 20 to the Leasehold Reform, Housing and Urban Development Act 1993 (modification of Acquisition of Land Act 1981) is amended as follows. |
| (2) | In paragraph 1, for "modifications specified in paragraphs 2 and" there is substituted "modification specified in paragraph". |
| (3) | Paragraph 2 is omitted. |
| (4) | The amendments made by this paragraph do not apply to compulsory purchase orders of which notice under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 is published before commencement of this paragraph.' |
Mr Keith Hill
51
Schedule 4, page 70, line 8, leave out from beginning to '(which' and insert—
| | '(1) | The Environment Act 1995 is amended as follows. |
Mr Keith Hill
52
Schedule 4, page 70, line 10, at end insert—
| | '(3) | In Schedule 14 (periodic review of mineral planning permissions) in paragraph 2(1), in the definition of "first review date", for "paragraph 5" there is substituted "paragraphs 3A and 5". |
| (4) | In Schedule 14 after paragraph 3 there is inserted the following paragraph— |
| "3A | (1) | The Secretary of State may by order specify a first review date different from the first review date found in pursuance of paragraph 3(1) or (2). |
| (2) | Sub-paragraph (3) applies if no first review date is found in pursuance of paragraph 3(1) or (2). |
| (3) | The Secretary of State may by order specify a first review date. |
| (4) | An order under sub-paragraph (3) may make different provision for different cases or different classes of case. |
| (5) | An order under this paragraph must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.".'. |
Mr Keith Hill
68
Schedule 4, page 70, line 10, at end insert—
'Regional Development Agencies Act 1998 (c. 45)
| | (1) | Paragraph 1 of Schedule 5 to the Regional Development Agencies Act 1998 (modifications of Acquisition of Land Act 1981) is omitted. |
| (2) | The amendment made by sub-paragraph (1) does not apply to compulsory purchase orders of which notice has been published under section 11 of or, as the case may be, paragraph 2 of Schedule 1 to the Acquisition of Land Act 1981 before commencement of this paragraph.' |
Mr Keith Hill
334
Schedule 4, page 70, line 10, at end insert—
'Town and Country Planning (Scotland) Act 1997
In section 275 of the Town and Country Planning (Scotland) Act 1997 (regulations and orders), after subsection (2) there is inserted—
"(2A) Regulations may make different provision for different purposes.".'.
Mr Keith Hill
97
Schedule 4, page 70, line 12, leave out from beginning to '(Mayor' and insert—
| '(1) | The Greater London Authority Act 1999 is amended as follows. |
| (2) | In section 337 (publication)— |
(a) for "relevant regional planning guidance" there is substituted "the regional spatial strategy for a region which adjoins Greater London";
(b) subsection (10) is omitted.
| (3) | In section 342(1) (matters to which Mayor is to have regard) for paragraph (a) there is substituted the following— |
| "(a) | the regional spatial strategy for a region which adjoins Greater London;" |
Mr Keith Hill
98
Schedule 5, page 70, line 29, after 'area' insert 'for'.
Mr Keith Hill
99
Schedule 5, page 72, line 11, leave out 'commencement of Part 2 of this Act' and insert 'relevant date'.
Mr Keith Hill
100
Schedule 5, page 72, line 15, leave out 'beginning of the prescribed period' and insert 'commencement of Part 2 of this Act'.
Mr Keith Hill
101
Schedule 5, page 72, leave out lines 19 to 21 and insert—
| '( ) | The relevant date is whichever is the later of— |
(a) the end of any period prescribed by regulations under section 26 of the principal Act for the making of objections to the proposals;
(b) the commencement of Part 2 of this Act.'
Mr Keith Hill
102
Schedule 5, page 72, line 42, after 'adopted' insert 'or approved'.
Mr Keith Hill
103
Schedule 5, page 72, line 47, at end insert—
| | '(1) | This paragraph applies if, at the date of commencement of Part 1 a local planning authority have not prepared a unitary development plan in pursuance of section 12 of the principal Act. |
| (2) | References in paragraphs 3 to 6 to proposals for the alteration or replacement of a plan must be construed as references to the plan.' |
Mr Keith Hill
104
Schedule 5, page 73, line 11, leave out 'commencement of Part 2 of this Act' and insert 'relevant date'.
Mr Keith Hill
105
Schedule 5, page 73, line 15, leave out 'beginning of the prescribed period' and insert 'commencement of Part 2 of this Act'.
Mr Keith Hill
106
Schedule 5, page 73, leave out lines 19 to 21 and insert—
| '( ) | The relevant date is whichever is the later of— |
(a) the end of any period prescribed by regulations under section 53 of the principal Act for the making of objections to the proposals;
(b) the commencement of Part 2 of this Act.'
Mr Keith Hill
107
Schedule 5, page 73, line 41, at end insert—
| '9A | (1) | This paragraph applies if the Secretary of State thinks— |
(a) that the conformity requirement is likely to give rise to inconsistency between the proposals and relevant policies or guidance, and
(b) that it is necessary or expedient to avoid such inconsistency.
| (2) | The Secretary of State may direct that to the extent specified in the direction the conformity requirement must be ignored. |
| (3) | The Secretary of State must give reasons for the direction. |
| (4) | The conformity requirement is— |
(a) the requirement under section 36(4) of the principal Act that the local plan is to be in general conformity with the structure plan;
(b) the prohibition under section 43(3) of the principal Act on the adoption of proposals for a local plan or for its alteration or replacement which do not conform generally with the structure plan.
| (5) | Revelant policies and guidance are— |
(a) national policies;
(b) advice contained in guidance;
(c) policies in the RSS.'
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