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| | Page 54, line 31 [Clause 107], leave out from ‘order’ to ‘must’. |
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| | Page 54, line 33 [Clause 107], leave out ‘appropriate authority’ and insert |
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| | Page 54, line 36 [Clause 107], leave out ‘appropriate authority’ and insert |
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| | Page 54, line 37 [Clause 107], leave out ‘authority’ and insert ‘Secretary of State’. |
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| | Page 54, line 38 [Clause 107], leave out subsection (5). |
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| | Page 57, line 29, leave out Clause 110. |
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| | Page 58, line 3 [Clause 110], at end insert— |
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| | | ‘(5A) | An order to which this section applies is subject to special parliamentary |
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| | Page 58, line 30 [Clause 112], leave out subsection (2). |
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| | Page 59, line 18 [Clause 114], leave out from beginning to third ‘the’. |
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| | Page 59, line 20 [Clause 114], leave out paragraph (b). |
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| | Page 59, line 32 [Clause 114], leave out from beginning to third ‘the’. |
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| | Page 59, line 34 [Clause 114], leave out paragraph (b). |
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| | Page 61, line 42 [Clause 118], leave out from beginning to third ‘the’. |
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| | Page 62, line 1 [Clause 118], leave out paragraph (b). |
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| | Page 63, line 1 [Clause 119], leave out from beginning to third ‘the’. |
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| | Page 63, line 3 [Clause 119], leave out paragraph (b). |
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| | Page 65, line 13 [Clause 122], at end insert ‘, and |
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| | | (c) | organisations representing public rights of way user groups, as |
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| | | prescribed, have been consulted.’. |
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| | Page 66, line 28 [Clause 128], leave out ‘decision-maker’ and insert ‘Secretary of |
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| | Page 66, line 30 [Clause 128], leave out subsection (3). |
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| | Page 67, line 23 [Clause 130], after ‘in’, insert ‘, or carried out for the purposes |
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| | Page 67, line 25 [Clause 130], leave out from ‘means’ to end of line 37 and insert |
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| | ‘any operation except an operation of a prescribed description.’. |
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| | Page 67, line 42 [Clause 131], after ‘to’, insert ‘subsection (3) and’. |
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| | Page 67, line 42 [Clause 131], at end insert— |
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| | | ‘(3) | To the extent that the development for which development consent is granted is |
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| | | development within section 16(3), the order granting the consent has effect for the |
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| | | benefit of a person for the time being interested in the land only if the person is a |
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| | | (4) | “Gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (see |
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| | | section 7(1) of that Act).’. |
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| | | Grants for advice and assistance: England and Wales |
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| | To move the following Clause:— |
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| | | ‘In section 304A(1) of TCPA 1990 (grants for assisting the provision of advice |
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| | | and assistance in connection with planning matters), after paragraph (b) insert— |
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| | | “(ba) | the Planning Act 2008;”’. |
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| | | Grants for advice and assistance: Scotland |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State may make grants for the purpose of assisting any person |
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| | | to provide advice and assistance in connection with any matter which is related |
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| | | to the application of this Act to Scotland. |
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| | | (2) | The Secretary of State may, as respects any such grant, provide that it is to be |
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| | | subject to such terms and conditions as the Secretary of State thinks appropriate. |
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| | | (3) | In section 253A of the Town and Country Planning (Scotland) Act 1997 (c. 8) |
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| | | (Scottish Ministers’ power to make grants for assisting the provision of advice |
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| | | and assistance in connection with certain planning matters)— |
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| | | (a) | in subsection (1), after “Acts” insert “(other than the matter mentioned in |
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| | | (b) | after subsection (1) insert— |
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| | | “(1A) | That matter is anything relating to the types of land to which |
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| | | paragraphs 17 and 18 of Schedule 14 apply.”’. |
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| | | Application to Parliament |
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| | To move the following Clause:— |
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| | | ‘This Act has effect despite any rule of law relating to Parliament or the law and |
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| | | practice of Parliament.’. |
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| | | Amendment of the Telecommunications Act 1984 |
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| | To move the following Clause:— |
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| | | ‘(1) | Schedule 2 to the Telecommunications Act 1984 (c. 12) is amended as follows. |
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| | | (2) | After paragraph 5(3) insert— |
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| | | “(3A) | No order under this paragraph shall be made in respect of any land or |
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| | | premises consisting of an educational, nursery or medical facility.” |
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| | | (3) | After paragraph 5 insert— |
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| | | “5A(1) | A notice may be served by a properly constituted body on the operator |
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| | | of an electronic communications network which may require that— |
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| | | (a) | all telecommunications masts and associated apparatus be |
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| | | removed from premises or land used for— |
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| | | (i) | medical or health related purposes, or |
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| | | (ii) | education, including use as a nursery; and |
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| | | (b) | any land or premises, which has been the subject of a |
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| | | compulsory purchase made under the powers granted by |
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| | | section 118 of the Communications Act 2003 shall revert to |
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| | | (2) | On an application made by the properly constituted body, at the end of |
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| | | a period of no fewer than 28 days starting with the date of the serving |
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| | | of the notice under sub-paragraph (1), the County Court shall make an |
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| | | (a) | the discontinuance of use and the removal of all |
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| | | telecommunications masts and associated apparatus and |
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| | | (b) | the reversion of any land or premises set out in the notice. |
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| | | (3) | On the granting of an order under this paragraph, the County Court |
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| | | (a) | all transmissions from telecommunications masts and |
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| | | associated apparatus which is the subject of the order shall |
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| | | cease at the end of a period not to exceed 28 days, and |
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| | | (b) | all equipment shall be removed within a period not to exceed |
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| | | 3 months from the date of the order. |
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| | | (4) | No compensation shall be payable to the operator of the |
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| | | telecommunications masts and associated apparatus as a result of any |
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| | | order made by a Court under this paragraph. |
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| | | (5) | For the purposes of this paragraph— |
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| | | “exempted apparatus” means— |
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| | | (a) | a public call box, or |
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| | | (b) | an antenna which cannot be used for receiving a signal |
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| | | transmitted from a telecommunications mast, and |
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| | | (c) | radio equipment which cannot be used in connection with a |
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| | | “a properly constituted body” means— |
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| | | (a) | in relation to a medical facility, its management committee or |
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| | | (b) | in relation to an educational establishment other than a nursery |
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| | | or private education establishment, its governing body, and |
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| | | (c) | in relation to a nursery or private education establishment, its |
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| | | governing body, management committee, or proprietor; |
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| | | “telecommunications masts and associated apparatus” has the same |
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| | | meaning as the term “electronic communications apparatus” except that |
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| | | the definition of that term does not include exempted apparatus.”.’. |
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| | | Amendment of the Communications Act 2003 |
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| | To move the following Clause:— |
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| | | ‘(1) | The Communications Act 2003 (c. 21) is amended as follows. |
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| | | (2) | In section 119(2) (power of Ofcom to give assistance in relation to certain |
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| | | proceedings), at end insert “or |
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| | | (c) | any application under paragraphs 5A, 17 and 21 of that code.” |
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| | | (3) | In paragraph 1 of Schedule 4 (interpretation) at the appropriate place in |
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| | | alphabetical order, insert— |
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| | | ““educational establishment” means any premises used solely or partly for |
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| | | the education of children or young adults, and includes schools, colleges |
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| | | and nurseries and all buildings and grounds of such establishments; |
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| | | “medical facility” means a facility used for medical purposes, whether such |
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| | | use is for residential or short-duration treatment or examination;”. |
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| | | (4) | In paragraph 3(1) of Schedule 4 (compulsory purchase of land: England), after the |
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| | | words “in England and Wales” insert the words “other than land that is owned or |
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| | | used by a medical facility or educational establishment”. |
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| | | (5) | In paragraph 4(1) of Schedule 4 (compulsory purchase of land: Scotland), after |
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| | | the words “in Scotland” insert the words “other than land that is owned or used |
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| | | by a medical facility or educational establishment”. |
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| | | (6) | In paragraph 5(1) of Schedule 4 (compulsory purchase of land: Northern Ireland), |
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| | | after the words “in Northern Ireland” insert the words “other than land that is |
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| | | owned or used by a medical facility or educational establishment”.’. |
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| | Page 28, line 28 [Clause 50], after ‘it’, insert ‘or right over it’. |
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| | Page 28, line 34 [Clause 50], after ‘land’, insert ‘or an interest in it or right over it’. |
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| | Page 43, line 9 [Clause 82], after ‘land’, insert ‘or of an interest in or right over |
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| | Page 45, line 41 [Clause 88], after ‘land’, insert ‘or of an interest in or right over |
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| | Page 46, line 6 [Clause 89], leave out ‘subsection (1)’ and insert ‘this section’. |
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| | Page 46, line 23 [Clause 89], at end insert— |
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| | | | ‘This is subject to subsection (5) of this section. |
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| | | (5) | Subsections (6) to (8) of section 210 of the Local Government (Scotland) Act |
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| | | 1973 (c. 65) (provisions about expenses applying where Minister causes a local |
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| | | inquiry to be held) apply in relation to the Examining authority’s examination of |
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| | | the application in so far as relating to a hearing held in Scotland as they apply in |
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| | | relation to an inquiry under that section, but with references to the Minister |
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| | | causing the inquiry to be held being read as references to the Examining |
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| | Page 46, line 39 [Clause 91], after ‘Chancellor’, insert ‘or (if subsection (1A) |
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| | applies) the Secretary of State’. |
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