Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 12 — Final provisions
122

(5)
So far as it amends or repeals an enactment, this Act has the same extent as the
enactment amended or repealed.
199
Commencement
(1)
The following provisions of this Act come into force on the day on which this
Act is passed—
5
(a)
Part 11;
(b)
this Part, except section 196.
(2)
The provisions listed in subsection (3) come into force on such day as may be
appointed by order made by—
(a)
the Welsh Ministers, in relation to Wales;
10
(b)
the Secretary of State, in relation to England.
(3)
The provisions are—
(a)
sections 153, 159, 160, 164, 165, 169, 171 and 172 and Schedules 3 and 6;
(b)
the repeals in—
(i)
TCPA 1990 (except those in Schedules 1 and 1A to that Act);
15
(ii)
the Environmental Protection Act 1990 (c. 43);
(iii)
the Planning and Compensation Act 1991 (c. 34);
(iv)
sections 42(3) and 53 of PCPA 2004;
(v)
this Act.
(4)
Section 154 and the repeal in Schedule 1A to TCPA 1990 come into force on
20
such day as the Welsh Ministers may by order appoint.
(5)
Section 173 comes into force at the end of two months beginning with the day
on which this Act is passed.
(6)
The other provisions of this Act come into force on such day as the Secretary of
State may by order appoint.
25
(7)
The powers conferred by this section are exercisable by statutory instrument.
(8)
An order under this section may—
(a)
appoint different days for different purposes (including different
areas);
(b)
contain transitional, transitory or saving provision in connection with
30
the coming into force of this Act.
200
Short title
This Act may be cited as the Planning Act 2008.

Planning Bill
Schedule 1 — The Infrastructure Planning Commission
123

Schedules
Schedule 1
Section 1

The Infrastructure Planning Commission
Membership, chair and deputies
1     (1)
The members of the Commission (“Commissioners”) are to be—
5
(a)
a person appointed by the Secretary of State to chair the Commission
(“the chair”),
(b)
at least two persons appointed by the Secretary of State as deputies
to the chair (“deputies”), and
(c)
other Commissioners appointed by the Secretary of State.
10
      (2)
In appointing Commissioners, the Secretary of State must have regard to the
desirability of securing that the Commission is able to perform its functions
effectively and efficiently.
Terms of appointment
2
Subject to the other provisions of this Schedule, the chair, deputies and other
15
Commissioners hold and vacate office as such in accordance with the terms
of their appointments.
Tenure
3     (1)
The chair, or a deputy or other Commissioner, must be appointed for a fixed
period.
20
      (2)
The fixed period must not be less than 5 years or more than 8 years.
4     (1)
A person may resign as the chair, or as a deputy or other Commissioner, by
giving at least 3 months’ notice in writing to the Secretary of State.
      (2)
The Secretary of State may remove a person from office as the chair, or as a
deputy or other Commissioner, if the Secretary of State is satisfied that—
25
(a)
the person is unable or unwilling to perform the duties of the office,
(b)
the person has been convicted of a criminal offence, or
(c)
the person is otherwise unfit to perform the duties of the office.
      (3)
In deciding whether a Commissioner is unfit to perform the duties of the
Commissioner’s office, the Secretary of State must have regard to the
30
provisions of the code of conduct issued under section 2.
      (4)
A person who holds or has held an office of one of the descriptions set out
in sub-paragraph (6) may be re-appointed as a Commissioner, whether or
not to an office of the same description.

Planning Bill
Schedule 1 — The Infrastructure Planning Commission
124

      (5)
If a person who holds an office of one of those descriptions (“the first office”)
becomes the holder of an office of another of those descriptions, the person
ceases to hold the first office.
      (6)
The descriptions are—
(a)
office as the chair;
5
(b)
office as a deputy;
(c)
office as one of the other Commissioners.
Remuneration etc. of Commissioners
5     (1)
The Commission must pay the Commissioners such remuneration and
allowances as the Secretary of State may determine.
10
      (2)
The Commission must—
(a)
pay to or in respect of the Commissioners such pensions as the
Secretary of State may determine, and
(b)
pay such sums as the Secretary of State may determine in respect of
the provision of pensions to or in respect of the Commissioners.
15
      (3)
The Commission may pay sums to the Commissioners in respect of
expenses.
      (4)
Sub-paragraph (5) applies if—
(a)
a person ceases to hold office as a Commissioner, and
(b)
the Secretary of State thinks that there are special circumstances that
20
make it right for the person to receive compensation.
      (5)
The Commission must pay the person such compensation as the Secretary of
State may determine.
Council
6     (1)
There is to be a body of Commissioners to be known as the Commission’s
25
Council (“the Council”).
      (2)
The members of the Council may be different for different purposes.
      (3)
Those purposes include (in particular)—
(a)
the purpose of deciding a particular application referred under
section 79;
30
(b)
the purpose of responding to consultation about a matter.
      (4)
The members of the Council for any particular purpose are—
(a)
the chair,
(b)
each deputy, and
(c)
the Commissioners appointed under paragraph 7 to be ordinary
35
members of the Council for that purpose.
      (5)
The chair has the function of chairing the Council.
      (6)
The staff of the Commission have the function of providing or procuring
support for members of the Council undertaking functions of the Council.
7     (1)
The chair may appoint a Commissioner not within paragraph 6(4)(a) or (b)
40
to be an ordinary member of the Council—
(a)
for a particular purpose or for particular purposes,

Planning Bill
Schedule 1 — The Infrastructure Planning Commission
125

(b)
for all purposes, or
(c)
for all purposes other than any specified on making the
appointment.
      (2)
The chair may at any time end a person’s appointment as ordinary member
of the Council.
5
      (3)
A person may resign from being an ordinary member of the Council by
giving notice in writing to the Commission.
      (4)
The power under sub-paragraph (2) may be exercised, and a person may
under sub-paragraph (3) resign, in relation to all, or some one or more, of the
purposes for which the person is an ordinary member of the Council.
10
      (5)
A person ceases to be an ordinary member of the Council if the person ceases
to be a Commissioner.
      (6)
The power under sub-paragraph (1) is to be exercised so as to secure that the
Council has for any particular purpose at least 5, but no more than 9,
members in total.
15
      (7)
The Council’s continuing identity for any particular purpose is to be taken
not to be affected by—
(a)
a person ceasing to be a member of the Council for that purpose, so
long as there continue to be at least 5 people who are members of the
Council for that purpose;
20
(b)
any change in the person chairing the Council.
8     (1)
Sub-paragraphs (2) and (3) apply to any function conferred or imposed on
the chair by paragraph 6(5) or 7.
      (2)
The chair may delegate the function to a deputy.
      (3)
If at any time there is (apart from this sub-paragraph) no-one who is able and
25
available to carry the function, each deputy may carry out the function.
      (4)
A function delegated under sub-paragraph (2) may be delegated to such
extent and on such terms as the chair determines.
9     (1)
Before making an appointment under paragraph 7(1), the person making the
appointment must consult—
30
(a)
the other Commissioners who, for the purpose of responding to
consultation about the appointment, are members of the Council,
(b)
any Commissioner not within paragraph (a) who the person thinks
it appropriate to consult, and
(c)
the chief executive of the Commission.
35
      (2)
In making an appointment under paragraph 7(1), the person making the
appointment must have regard to any views expressed—
(a)
by any of the other Commissioners, or
(b)
by the chief executive of the Commission,

about which Commissioners should be appointed as ordinary members of
40
the Council.
Chief executive and staff
10    (1)
The Secretary of State must appoint a person as the chief executive of the
Commission.

Planning Bill
Schedule 1 — The Infrastructure Planning Commission
126

      (2)
The chief executive—
(a)
is not to be a Commissioner, and
(b)
is to be a member of the Commission’s staff.
      (3)
The chief executive’s terms and conditions of service are to be determined
by the Secretary of State.
5
11    (1)
The Commission may appoint such other staff as it thinks appropriate.
      (2)
A member of the Commission’s staff is not to be a Commissioner.
      (3)
Before the Commission appoints any staff, it must obtain the approval of the
Secretary of State to the overall number of staff it proposes to appoint.
      (4)
The Commission must also obtain the approval of the Secretary of State to
10
the terms and conditions of service of any staff it proposes to appoint.
12
The terms and conditions of service of the chief executive and any other
member of staff may include provision—
(a)
for the payment of remuneration, allowances and sums in respect of
expenses,
15
(b)
for the payment to or in respect of the person of pensions or sums in
respect of the provision of pensions, and
(c)
for the payment to or in respect of the person of compensation for
loss of employment or reduction of remuneration.
Arrangements for assistance
20
13    (1)
The Commission may make arrangements with such persons as it thinks
appropriate for assistance to be provided to it.
      (2)
The arrangements may include provision for the payment of fees.
Delegation
14    (1)
The Commission may delegate, to any one or more of the Commissioners,
25
any of its functions under section 35(4) or (5), 40(2), 49, 50, 52 or 102(4).
      (2)
The Commission may delegate any of its other functions to—
(a)
any one or more of the Commissioners,
(b)
the chief executive, or
(c)
any other member of its staff.
30
      (3)
Functions delegated under sub-paragraph (1) or (2) may be delegated to
such extent and on such terms as the Commission determines.
      (4)
References in this Act or any other enactment to the Commission, in
connection with the exercise of any function of the Commission, are to be
read, so far as necessary, as references to a person or body to whom the
35
Commission has delegated the function under sub-paragraph (1) or (2).
15    (1)
The chief executive may authorise (generally or specifically) any other
member of the Commission’s staff to do anything authorised or required to
be done by the chief executive.
      (2)
But sub-paragraph (1) does not apply to anything authorised or required to
40
be done by the chief executive in relation to the certification of the annual
accounts of the Commission.

Planning Bill
Schedule 1 — The Infrastructure Planning Commission
127

Reports
16    (1)
In respect of each financial year the Commission must prepare a report
relating to its performance of its functions during the year.
      (2)
The report must—
(a)
give details of any orders granting development consent made by the
5
Commission during the year which have included provision
authorising the compulsory acquisition of land, and
(b)
deal with such matters as the Secretary of State may direct.
      (3)
The Commission must send the Secretary of State copies of the report as
soon as practicable after the end of the financial year.
10
      (4)
The Commission must arrange for the report to be published in the manner
it thinks appropriate.
      (5)
The Secretary of State must lay before Parliament a copy of every report sent
under sub-paragraph (3).
      (6)
“Financial year” means—
15
(a)
the period beginning with the day on which the Commission is
established and ending with the following 31 March, and
(b)
each successive period of 12 months.
17    (1)
Sub-paragraph (2) applies if the Secretary of State asks the Commission to
provide a report or information relating to an aspect of the Commission’s
20
performance of its functions.
      (2)
The Commission must provide the Secretary of State with the report or
information.
Funding
18    (1)
The Secretary of State may make such payments to the Commission as the
25
Secretary of State thinks appropriate for the purpose of enabling the
Commission to meet its expenses.
      (2)
Payments under sub-paragraph (1) are to be made out of money provided
by Parliament.
      (3)
Payments under sub-paragraph (1) are to be made at such times and subject
30
to such conditions (if any) as the Secretary of State thinks appropriate.
Accounts
19    (1)
The Commission must keep accounts in such form as the Secretary of State
directs.
      (2)
The Commission must prepare annual accounts in respect of each financial
35
year in such form as the Secretary of State directs.
      (3)
Before the end of such period following each financial year as the Secretary
of State directs, the Commission must send a copy of the annual accounts for
the year—
(a)
to the Secretary of State, and
40
(b)
to the Comptroller and Auditor General.

Planning Bill
Schedule 1 — The Infrastructure Planning Commission
128

      (4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the annual accounts, and
(b)
give a copy of the Comptroller and Auditor General’s report to the
Secretary of State.
      (5)
In respect of each financial year, the Secretary of State must lay before
5
Parliament a document consisting of—
(a)
a copy of the annual accounts for the year, and
(b)
a copy of the Comptroller and Auditor General’s report on the
annual accounts.
      (6)
“Financial year” means—
10
(a)
the period beginning with the day on which the Commission is
established and ending with the following 31 March, and
(b)
each successive period of 12 months.
Status
20    (1)
The Commission is not to be regarded—
15
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
      (2)
The Commission’s property is not to be regarded as property of or held on
behalf of the Crown.
      (3)
The Commission’s staff are not to be regarded as servants or agents of the
20
Crown or as enjoying any status, immunity or privilege of the Crown.
Validity of proceedings
21
The validity of proceedings of the Commission or the Council is not affected
by—
(a)
a defect in the appointment of the chair, or a deputy, or any other
25
Commissioner, or
(b)
a vacancy in the office of the chair or a deputy or amongst the other
Commissioners.
Application of seal and proof of instruments
22    (1)
The application of the Commission’s seal must be authenticated by the
30
signature of a Commissioner, or a member of the Commission’s staff, who
has been authorised (generally or specifically) by the Commission for the
purpose.
      (2)
A contract or instrument which, if entered into or executed by an individual,
would not need to be under seal may be entered into or executed on behalf
35
of the Commission by any person who has been authorised (generally or
specifically) by the Commission for the purpose.
      (3)
A document purporting to be duly executed under the seal of the
Commission or to be signed on its behalf—
(a)
is to be received in evidence, and
40
(b)
is to be taken to be executed or signed in that way, unless the
contrary is proved.