House of Commons portcullis
House of Commons
Session 2003 - 04
Internet Publications
Other Bills before Parliament


 

(  13  )

62

Page 55, line 42, leave out “reference in section 321(5)” and insert “references in

 

section 321(5) and (6)”

63

Page 56, line 16, leave out “reference in paragraph 6(7A)” and insert “references in

 

paragraph 6A(1) and (2)”

64

Page 56, line 20, leave out “6(7C)” and insert “6A(3)”

65

Page 56, line 23, leave out “6(7C)” and insert “6A(3)”

66

Page 56, line 36, leave out “reference in paragraph 6(7A)” and insert “references in

 

paragraph 6A(1) and (2)”

67

Page 56, line 40, leave out “6(7C)” and insert “6A(3)”

68

Page 56, line 43, leave out “6(7C)” and insert “6A(3)”

Clause 83

69

Page 61, line 37, leave out from “with” to end of line 42 and insert “a relevant plan

 

which is for the time being in force.

 

( )   

A relevant plan is a plan of operations or other working plan approved by

 

the Forestry Commissioners under—

 

(a)   

a forestry dedication covenant within the meaning of section 5 of

 

the Forestry Act 1967, or

 

(b)   

conditions of a grant or loan made under section 1 of the Forestry

 

Act 1979.”

Clause 89

70

Page 64, line 23, leave out “to any inquiry held” and insert “in relation to the

 

holding of inquiries”

71

Page 65, line 6, leave out “a local” and insert “any such”

72

Page 65, line 8, leave out “under” and insert “by virtue of”

73

Page 65, line 13, at end insert “and as to the functions of a person appointed under

 

subsection (5)”

74

Page 65, line 16, at end insert “and as to such functions”

75

Page 65, leave out line 17 and insert —

 

“(6A)   

If a person (the representative) is appointed—

 

(a)   

under paragraph (a) of subsection (5) and either no direction

 

in relation to the evidence in question has been given under

 

subsection (3) or any such direction so given has been given

 

by the Secretary of State, the Secretary of State may direct

 

any person who he thinks,

 

(b)   

under paragraph (a) of subsection (5) and such a direction

 

has been given under subsection (3) by the Scottish

 

Ministers, the Scottish Ministers may direct any person who

 

they think,

 

(c)   

under paragraph (b) of subsection (5) and the direction

 

referred to in that paragraph was given by the Secretary of


 

(  14  )

 
 

State, the Secretary of State may direct any person who he

 

thinks,

 

(d)   

under paragraph (b) of that subsection and the direction so

 

referred to was given by the Scottish Ministers, the Scottish

 

Ministers may direct any person who they think,

 

   

is interested in the inquiry, or prospective inquiry, in relation to a

 

matter mentioned in subsection (4) (the responsible person) to pay

 

remuneration or allowances to, and to reimburse any expenses

 

incurred by, the representative.

 

(6B)   

If the representative and the responsible person are unable to agree

 

an amount payable by virtue of—

 

(a)   

paragraph (a) or (c) of subsection (6A), the amount must be

 

determined by the Secretary of State,

 

(b)   

paragraph (b) or (d) of that subsection, the amount must be

 

determined by the Scottish Ministers.

 

(6C)   

The Secretary of State must cause an amount payable by virtue of

 

paragraph (a) or (c) of subsection (6A) (whether determined under

 

subsection (6B) or agreed between the representative and the

 

responsible person) to be certified.

 

(6D)   

The Scottish Ministers must cause an amount payable by virtue of

 

paragraph (b) or (d) of subsection (6A) (whether so determined or

 

so agreed) to be certified.

 

(6E)   

An amount certified under subsection (6C) or (6D) is recoverable

 

from the responsible person as a debt.

 

(6F)   

Subsections (7) to (11) apply even if the inquiry does not take place.”

76

Page 65, line 29, leave out “an inquiry held” and insert “the holding of an inquiry”

77

Page 65, line 30, leave out “an inquiry held” and insert “the holding of an inquiry”

78

Page 65, line 36, leave out “an inquiry held” and insert “the holding of an inquiry”

79

Page 65, line 37, leave out “an inquiry held” and insert “the holding of an inquiry”

Clause 90

80

Page 66, line 41, leave out “Subsections (7) and (8) above are” and insert

 

“Subsection (7) above does not apply to the extent that the document or other

 

matter is”

Clause 91

81

Page 67, line 40, leave out “Subsections (7) and (8) above are” and insert

 

“Subsection (7) above does not apply to the extent that the document or other

 

matter is”

Clause 93

82

Page 70, line 36, leave out from “with” to end of line 41 and insert “a relevant plan

 

which is for the time being in force.


 

(  15  )

 
 

( )   

A relevant plan is a plan of operations or other working plan approved by

 

the Forestry Commissioners under—

 

(a)   

a forestry dedication agreement within the meaning of section 5 of

 

the Forestry Act 1967, or

 

(b)   

conditions of a grant or loan made under section 1 of the Forestry

 

Act 1979.”

Clause 96

83

Page 72, line 11, at end insert—

 

“( )   

In subsection (3), “instrument” includes an instrument made under an Act

 

of the Scottish Parliament.”

Clause 99

84

Page 78, line 7, leave out “appropriate authority” and insert “Minister”

85

Page 78, line 8, leave out “it” and insert “he”

86

Page 78, line 26, leave out “appropriate authority” and insert “Minister”

87

Page 79, line 18, leave out “appropriate authority” and insert “Minister”

88

Page 79, line 19, leave out “it has considered the objection and either” and insert—

 

“(a)   

the appropriate authority has considered the

 

objection, and

 

(b)   

one of the conditions in sub-paragraph (5A) is

 

satisfied.

 

(5A)   

The conditions are”

89

Page 79, line 20, leave out “it” and insert “the appropriate authority”

90

Page 79, line 20, leave out “, or”

91

Page 79, line 23, leave out “it” and insert “the appropriate authority”

92

Page 79, line 38, leave out “appropriate authority” and insert “Minister”

93

Page 79, line 43, after first “the” insert “Minister or, if there is a remaining objection

 

in respect of the order, the”

94

Page 79, line 47, leave out “appropriate authority” and insert “Minister”

95

Page 80, line 2, leave out “appropriate authority” and insert “Minister”

96

Page 80, line 3, leave out “complying” and insert “the appropriate authority has

 

complied”

97

Page 80, line 4, leave out “it” and insert “he”

98

Page 80, line 4, leave out “complying” and insert “the appropriate authority having

 

complied”

99

Page 80, line 5, leave out “it” and insert “he”

100

Page 80, line 7, leave out “appropriate authority” and insert “Minister”

101

Page 80, line 8, leave out “it” and insert “he”


 

(  16  )

 

Clause 107

102

Page 95, line 26, at beginning insert “Except as provided in the following

 

provisions of this section,”

103

Page 95, leave out lines 29 to 33 and insert—

 

“(4)   

This subsection applies to regulations under subsection (2) which

 

substitute—

 

(a)   

a percentage figure, or

 

(b)   

an amount, in a case where the change in value condition is

 

not satisfied.

 

(5)   

A statutory instrument containing regulations to which subsection

 

(4) applies must not be made unless a draft of the regulations has

 

been laid before and approved by resolution of each House of

 

Parliament.

 

(6)   

The change in value condition is satisfied if the Secretary of State

 

thinks that in the case of the substitution of an amount it is

 

expedient to make the substitution in consequence of changes in the

 

value of money or land.

 

(7)   

Regulations under subsection (2) may make different provision for

 

different purposes.””

After Clause 107

104

Insert the following new Clause—

 

“Corresponding amendments of other enactments

 

(1)   

This section applies to any enactment passed or made before or in the same

 

session as the passing of this Act (other than an enactment amended by this

 

Part) which makes provision—

 

(a)   

in connection with the compulsory acquisition of an interest in

 

land,

 

(b)   

creating a power which permits the interference with or affectation

 

of any right in relation to land, or

 

(c)   

for the payment of any sum in connection with the acquisition,

 

interference or affectation.

 

(2)   

The Secretary of State may by order amend an enactment to which this

 

section applies for the purpose of making provision which—

 

(a)   

corresponds to provision made by this Part, or

 

(b)   

applies any such provision or corresponding provision.”

Clause 108

105

Page 95, line 39, leave out subsection (2) and insert—

 

“(2)   

The amendment of an enactment by or by virtue of Part 8 applies to the

 

Crown to the extent that the enactment amended so applies.”

After Clause 108

106

Insert the following new Clause—


 

(  17  )

 
 

“Parliament

 

The planning Acts and this Act have effect despite any rule of law relating

 

to Parliament or the law and practice of Parliament.”

Clause 111

107

Page 97, line 27, leave out “to the public”

Clause 117

108

Page 99, line 14, after “subsections” insert “(2B),”

109

Page 99, line 21, at end insert—

 

“( )   

in Part 7, Chapter 1;”

110

Page 99, line 24, after “Schedules” insert “3, 4,”

111

Page 99, line 24, at end insert —

 

“(2A)   

And the Secretary of State must not make an order which relates to section

 

89 unless he first consults and has the agreement of the Scottish Ministers.

 

(2B)   

The following provisions come into force on such day as the Scottish

 

Ministers may by order appoint—

 

(a)   

sections 88 and 90 to 96;

 

(b)   

Schedule 5;

 

(c)   

section 113(8);

 

(d)   

in so far as relating to the Town and Country Planning (Scotland)

 

Act 1997, section 114(2) and Schedule 7;

 

(e)   

section 115(2); and

 

(f)   

in so far as relating to that Act, to the Planning (Listed Buildings

 

and Conservation Areas) (Scotland) Act 1997 or to the Planning

 

(Hazardous Substances) (Scotland) Act 1997, section 116 and

 

Schedule 9.”

Clause 118

112

Page 100, line 5, at end insert—

 

“(aa)   

an order under section (Corresponding amendments of other

 

enactments)(2);”

113

Page 100, line 6, after “section” insert “96,”

114

Page 100, line 7, leave out “117” and insert “117(1)”

115

Page 100, line 7, at end insert—

 

“( )   

an order under section 117(2B);”

116

Page 100, line 7, at end insert—

 

“(ca)   

provision amending or repealing an enactment contained in an

 

Act;”

117

Page 100, line 9, leave out from “instrument” to “has” in line 10 and insert

 

“mentioned in subsection (5)(a), (aa) or (ca) must not be made unless a draft of the

 

instrument”

118

Page 100, line 12, after “section” insert “96 or”


 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2004
Revised 30 March 2004