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| | Page 51, line 1 [Clause 100], leave out subsection (6). |
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| | Page 51, line 8 [Clause 100], leave out ‘by the Secretary of State’. |
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| | Page 51, line 30 [Clause 101], leave out ‘the following are suspended’. |
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| | Page 51, line 32 [Clause 101], leave out from ‘completed’ to end of line 34 and |
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| | Page 51, line 37, leave out Clauses 102 to 104. |
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| | Page 51, line 38 [Clause 102], after ‘applies’, insert ‘by virtue of this section’. |
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| | Page 52, line 2 [Clause 102], after ‘55(2)’, insert ‘, and (where section [Notice of |
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| | persons interested in land to which compulsory acquisition request relates] applies, a |
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| | notice under that section,’. |
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| | Page 52, line 3 [Clause 102], leave out ‘either the condition in subsection (2) or’. |
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| | Page 52, line 5 [Clause 102], leave out subsection (2). |
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| | Page 52, line 30 [Clause 103], after ‘(4)’, insert ‘In a case where this section |
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| | applies by virtue of section 102,’ |
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| | Page 52, line 31 [Clause 103], leave out ‘102(2) or (3)’ and insert ‘102(3)’. |
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| | Page 52, line 32, leave out Clause 104. |
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| | Page 53, line 26 [Clause 105], leave out ‘decision-maker’ and insert ‘Secretary of |
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| | Page 53, line 28 [Clause 105], at end insert— |
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| | | ‘(1A) | The Secretary of State may by regulations make provision regulating the |
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| | | procedure to be followed if the decision-maker proposes to make an order |
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| | | granting development consent on terms which are materially different to those |
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| | | proposed in the application.’. |
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| | Page 53, line 29 [Clause 105], leave out subsections (2) to (7). |
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| | Page 54, line 13 [Clause 105], leave out from second ‘development’ to ‘to’ in line |
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| | 14 and insert ‘regard shall be had’. |
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| | Page 54, line 16 [Clause 106], leave out ‘decision-maker’ and insert ‘Secretary of |
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| | Page 54, line 19 [Clause 106], leave out ‘appropriate authority’ and insert |
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| | Page 54, line 22 [Clause 106], leave out ‘appropriate authority’ and insert |
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| | Page 54, line 23 [Clause 106], leave out ‘authority’ and insert ‘Secretary of State’. |
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| | Page 54, line 24 [Clause 106], leave out subsection (4). |
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| | Page 54, line 29 [Clause 107], leave out subsection (2). |
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| | Page 54, line 31 [Clause 107], leave out ‘If’. |
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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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| | To move the following Schedule:— |
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| | | ‘Examination of applications by Secretary of State |
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| | | Examination of matters by Commission: procedure |
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| | | 1 (1) | This paragraph applies if— |
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| | | (a) | the Secretary of State gives a direction under section 103(1) in relation |
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| | | (b) | for the purpose of the examination of the application under section |
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| | | [Effect of intervention](2)(a), the Secretary of State gives a direction |
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| | | under section [Effect of intervention](3)(a) for specified matters to be |
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| | | examined by the Commission. |
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| | | (2) | The Commission must secure that— |
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| | | (a) | an examination of the specified matters is conducted by a Panel or a |
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| | | (b) | a report is made by the Panel or Commissioner to the Secretary of |
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| | | State setting out the Panel or Commissioner’s findings and |
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| | | conclusions on those matters. |
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| | | (3) | The Panel or single Commissioner must— |
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| | | (a) | complete the examination under sub-paragraph (2)(a) by the end of the |
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| | | period specified by the Secretary of State, and |
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| | | (b) | report under sub-paragraph (2)(b) by the end of the period specified by |
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| | | (4) | The Secretary of State may direct that things done in connection with the |
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| | | examination of the application under Chapter 2 or 3 of Part 6 are to be treated |
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| | | as done in connection with the examination under sub-paragraph (2)(a). |
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| | | (5) | The following provisions of Part 6 apply in relation to the specified matters as |
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| | | if for references to an application for an order granting development consent |
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| | | there were substituted references to the specified matters — |
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| | | (a) | in Chapter 1, sections 56(2) to (5), 57 and 58; |
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| | | (b) | in Chapter 2, sections 59 (except subsection (1)(a)), 60 to 68, 69(2) to |
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| | | (c) | in Chapter 3, sections 73 (except subsection (1)(a)), 74 to 77, and 78 |
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| | | (except subsection (2)(a)); |
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| | | (d) | in Chapter 4, sections 81 to 91 and 93 to 95. |
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| | | (6) | As applied by sub-paragraph (5), those provisions apply— |
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| | | (a) | with any necessary modifications, and |
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| | | (b) | with such other modifications as may be prescribed. |
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| | | Examination of matters by Secretary of State: procedure |
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| | | 2 (1) | This paragraph applies if— |
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| | | (a) | the Secretary of State gives a direction under section 103(1) in relation |
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| | | (b) | for the purpose of the examination of the application under section |
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| | | [Effect of intervention](2)(a), the Secretary of State is to conduct an |
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| | | examination of any matters under section [Effect of |
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| | | (2) | It is for the Secretary of State to decide how to conduct the examination under |
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| | | section [Effect of intervention](3)(b). |
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| | | (3) | The Secretary of State may in particular decide that all or part of the |
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| | | examination is to take the form of— |
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| | | (a) | consideration of written representations; |
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| | | (b) | consideration of oral representations at a hearing. |
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| | | (4) | The Secretary of State may treat things done in connection with the |
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| | | examination of the application under Chapter 2 or 3 of Part 6 as done in |
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| | | connection with the examination under section [Effect of intervention](3)(b). |
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| | | (5) | Sub-paragraph (6) applies if— |
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| | | (a) | the direction under section 103(1) is given by virtue of section |
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| | | [Intervention: defence and national security], |
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| | | (b) | the Secretary of State has decided that all or part of the examination is |
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| | | to take the form of consideration of oral representations at a hearing, |
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| | | (c) | the Secretary of State is satisfied that— |
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| | | (i) | the making of particular representations at the hearing would |
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| | | be likely to result in the disclosure of information as to |
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| | | defence or national security, and |
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