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| | Tuesday 15th January 2008 |
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| | New Amendments handed in are marked thus  |
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| | Other Amendments not tabled within the required notice period are marked thus  |
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| | | The Amendments have been arranged in accordance with the Order of the |
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| | | Committee [8th January 2008]. |
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| | Clause 1, page 1, line 4, leave out subsection (1) and insert— |
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| | | ‘(1) | The Secretary of State shall constitute an Infrastructure Planning Commission (in |
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| | | this Act referred to as “the Commission”) as part of the body corporate of the |
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| | | Member’s explanatory statement
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| | | This amendment is intended to ensure that the proposed Infrastructure Planning Commission |
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| | | (IPC) is established as part of the Planning Inspectorate rather than as a new body, and only |
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| | | operates as and when an application for development consent that falls within its remit is made. |
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| | Clause 1, page 1, line 6, leave out ‘or any other’. |
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| | Clause 1, page 1, line 7, at end insert— |
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| | | ‘(2A) | The Commission shall be appointed by the same means as the Planning |
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| | Clause 1, page 1, line 8, leave out subsection (3). |
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| | Clause 1, page 1, line 8, at end insert— |
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| | | ‘(4) | This section shall come into force on such day as the Secretary of State may by |
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| | | order made by statutory instrument appoint.’. |
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| | Page 1, line 3, leave out Clause 1. |
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| | Schedule 1, page 107, line 8, leave out ‘at least’ and insert ‘no more than’. |
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| | | Member’s explanatory statement
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| | | This amendment limits the Commission to having two deputy chairs. |
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| | Schedule 1, page 107, line 10, at beginning insert ‘no more than 12’. |
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| | | Member’s explanatory statement
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| | | With the previous amendment this amendment limits the size of the Commission to 15 |
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| | | commissioners: a chair, two deputy chairs and 12 other commissioners. |
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| | Schedule 1, page 107, line 13, after ‘effectively’, insert ‘, fairly’. |
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| | | Member’s explanatory statement
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| | | The amendment requires the Secretary of State when appointing Commissioners to have regard to |
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| | | their ability to ensure that the Commission acts fairly as well as effectively and efficiently. |
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| | Schedule 1, page 107, line 13, at end insert ‘and must have regard to the statutory |
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| | duty upon it to discharge its functions in accordance with the principles of sustainable |
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| | Clause 2, page 1, line 10, leave out ‘Commission must’ and insert ‘Secretary of |
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| | | Member’s explanatory statement
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| | | These provisions require the Code of Conduct to be made by the Secretary of State by order, rather |
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| | Clause 2, page 1, leave out lines 16 and 17. |
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| | | Member’s explanatory statement
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| | | See explanatory statement to amendment 240. |
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| | Clause 2, page 2, line 2, leave out ‘Commission’ and insert ‘Secretary of State’. |
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| | | Member’s explanatory statement
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| | | See explanatory statement to amendment 240. |
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| | Clause 3, page 2, line 11, at end insert ‘in accordance with the code’. |
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| | | Member’s explanatory statement
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| | | See explanatory statement to amendment 240. |
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| | Clause 5, page 2, line 36, leave out ‘may’ and insert ‘must’. |
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| | Clause 5, page 2, line 38, after ‘State,’, insert— |
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| | | ‘(aa) | has been approved by a resolution of the House of Commons,’. |
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| | Clause 5, page 2, line 39, leave out from ‘to’ to end of line 40 and insert— |
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| | | ‘(i) | one or more specified descriptions of developments, or |
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| | | (ii) | the natural environment.’. |
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| | Clause 5, page 2, line 40, leave out ‘development’ and insert ‘developments in the |
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| | Clause 5, page 2, line 40, at end insert ‘, and |
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| | | (c) | has been subject to Parliamentary consideration in accordance with |
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| | | section [Parliamentary consideration of national policy statements], and |
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| | | (d) | has been laid before, and approved by, a resolution of each House of |
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| | Clause 5, page 3, line 2, at end insert— |
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| | | ‘(2A) | Before designating a statement as a national policy statement for the purposes of |
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| | | this Act the Secretary of State must publish a process and timetable for the |
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| | | production of that national policy statement.’. |
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| | | Member’s explanatory statement
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| | | To establish clear processes and a timetable in which the Secretary of State designates existing |
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| | | documents as National Policy Statements. |
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| | Clause 5, page 3, line 4, leave out from ‘an’ to end of line 5 and insert |
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| | ‘environmental assessment in accordance with the Environmental Assessment of Plans |
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| | and Programmes Directive 2001/42/EC and regulations implementing that Directive’. |
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| | | Member’s explanatory statement
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| | | The amendment replaces the requirement to carry out a sustainability appraisal with the carrying |
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| | | out of a strategic environmental assessment under the 2001 Directive and its implementing |
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| | | regulations, presently the Environmental Assessment of Plans and Programmes Regulations 2004. |
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| | Clause 5, page 3, line 5, at end insert ‘, which must include flood risk.’. |
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| | | Member’s explanatory statement
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| | | This amendment is designed to ensure that flood risk is taken into consideration as part of the |
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| | | sustainability appraisal of the policy set out in a national policy statement. |
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| | Clause 5, page 3, line 5, at end insert ‘contained in an overarching national |
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| | infrastructure policy framework tying together the national policy statements and creating |
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| | a strategic framework for sustainable development and any cross national issue.’. |
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| | | Member’s explanatory statement
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| | | Amendment designed to ensure consistency between all National Policy Statements. |
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| | Clause 5, page 3, line 5, at end insert— |
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| | | ‘(3A) | A statement may only be designated under this section if the Secretary of State is |
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| | | satisfied that the policies in the statement have due regard to the mitigation of, and |
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| | | adaptation to, climate change. |
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| | | (3B) | A statement designated under this section must contain a statement that it is the |
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| | | Secretary of State’s view that the requirement of subsection (3)(a) is satisfied.’. |
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| | Clause 5, page 3, line 5, at end insert— |
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| | | ‘(3A) | A statement may be designated as a national policy statement for the purposes of |
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| | | this Act only if 4 months have elapsed since the proposals were sent to Parliament |
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| | | and the Secretary of State has considered any report produced by any committee |
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| | | of either House of Parliament on the proposals.’. |
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| | | Member’s explanatory statement
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| | | The amendment prevents a national policy statement from being designated unless the proposal |
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| | | has been sent to Parliament and it has had an opportunity to report on the proposal. The Secretary |
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| | | of State has to consider the report. |
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| | Clause 5, page 3, line 8, at end insert— |
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| | | ‘(4A) | The policy set out in a national policy statement may not— |
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| | | (a) | identify any location or site as suitable (or potentially suitable) or |
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| | | unsuitable for a specified description of development; |
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| | | (b) | identify any individual statutory undertaker or undertakers as appropriate |
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| | | persons to carry out a specified description of development.’. |
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| | | Member’s explanatory statement
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| | | The amendment prevents a national policy statement from identifying particular locations or sites |
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| | | for development. It also prohibits the identification of a particular statutory undertakers to carry |
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| | | out particular schemes (for example, a named nuclear energy company). Consequential |
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| | | amendments are proposed to subsection (5). |
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| | Clause 5, page 3, line 16, leave out paragraph (d). |
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| | Clause 5, page 3, line 18, leave out paragraph (e). |
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| | Clause 5, page 3, line 22, at end insert— |
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| | | ‘(g) | set out the flood risk of identified locations.’. |
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| | | Member’s explanatory statement
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| | | The national policy statements must include an assessment of flood risk if specific locations are |
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| | Clause 5, page 3, line 29, at end add— |
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| | | ‘(9) | The Secretary of State may issue a national policy statement under subsection (1) |
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| | | of this section in respect of any nationally significant infrastructure project as |
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| | | defined in sections 13(1) and (2).’. |
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| | Clause 6, page 3, line 31, at beginning insert— |
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| | | ‘(A1) | The Secretary of State shall consider continuously whether each national policy |
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| | | statement should be reviewed. |
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