|
| |
|
(3) | After subsection (5) insert— |
| |
“(5A) | No order may be made under section 88D(8) unless a draft of the |
| |
instrument containing the order has been laid before, and approved |
| |
by resolution of, each House of Parliament.” |
| |
24 (1) | Amend Schedule 3 (determination of certain appeals by person appointed |
| 5 |
by Secretary of State) as follows. |
| |
(2) | In paragraph 2 after sub-paragraph (4) insert— |
| |
“(4A) | Sub-paragraph (2) does not apply in the case of an appeal to which |
| |
| |
(3) | After sub-paragraph (8) of that paragraph insert— |
| 10 |
“(9) | Sub-paragraph (8) does not apply to references to the Secretary of |
| |
State in section 88D (powers and duties of the Secretary of State in |
| |
relation to the determination of procedure for certain |
| |
| |
(4) | In paragraph 3 after sub-paragraph (4) insert— |
| 15 |
“(4A) | Sub-paragraph (4) does not apply in the case of an appeal to which |
| |
| |
(4B) | In the case of an appeal to which section 88D applies, the Secretary |
| |
of State must give the appellant, the local planning authority and |
| |
any person who has made any representations mentioned in sub- |
| 20 |
paragraph (2) an opportunity to make further representations if |
| |
the reasons for the direction raise matters with respect to which |
| |
any of those persons have not made representations.” |
| |
(5) | In sub-paragraph (5) of that paragraph after “(4)” insert “or (4B)”. |
| |
(6) | In paragraph 6 after sub-paragraph (1) insert— |
| 25 |
“(1A) | Sub-paragraph (1) does not apply in the case of an appeal to which |
| |
section 88D applies; but an appointed person may hold a hearing |
| |
or local inquiry in connection with such an appeal pursuant to a |
| |
determination under that section.” |
| |
(7) | In sub-paragraph (2)(a) of that paragraph after “2(4)” insert “or this |
| 30 |
| |
Planning (Hazardous Substances) Act 1990 (c. 10) |
| |
25 | The Hazardous Substances Act is amended as follows. |
| |
26 | In section 20 (reference of applications to Secretary of State) after subsection |
| |
| 35 |
“(4A) | Subsection (4) does not apply to an application referred to the |
| |
Secretary of State under this section instead of being dealt with by a |
| |
hazardous substances authority in England.” |
| |
27 | In section 21 (appeals against decisions or failure to take decisions relating |
| |
to hazardous substances) after subsection (5) insert— |
| 40 |
“(5A) | Subsection (5) does not apply to an appeal against a decision of a |
| |
hazardous substances authority in England.” |
| |
|
| |
|
| |
|
28 | In section 25(1) (appeals against hazardous substances contravention |
| |
| |
(a) | in paragraph (b)(v) after “principal Act” insert “and section 21A of |
| |
| |
(b) | in paragraph (c) for “that Act” substitute “the principal Act”. |
| 5 |
29 | In section 37 (application of certain general provisions of TCPA 1990) after |
| |
| |
“(3) | In the application of sections 322, 322A and 323 of that Act by virtue |
| |
of this section, references to section 319A of that Act shall have effect |
| |
as references to section 21A of this Act.” |
| 10 |
30 (1) | Amend the Schedule (determination of appeals by person appointed by |
| |
Secretary of State) as follows. |
| |
(2) | In paragraph 2 after sub-paragraph (4) insert— |
| |
“(4A) | Sub-paragraph (2) does not apply to an appeal against a decision |
| |
of a hazardous substances authority in England.” |
| 15 |
(3) | After sub-paragraph (8) of that paragraph insert— |
| |
“(9) | Sub-paragraph (8) does not apply to references to the Secretary of |
| |
State in section 21A (powers and duties of the Secretary of State in |
| |
relation to the determination of procedure for certain |
| |
| 20 |
(4) | In paragraph 3 after sub-paragraph (4) insert— |
| |
“(4A) | Sub-paragraph (4) does not apply in the case of an appeal against |
| |
a decision of a hazardous substances authority in England. |
| |
(4B) | In the case of an appeal to which section 21A applies, the Secretary |
| |
of State must give the appellant, the hazardous substances |
| 25 |
authority and any person who has made any representations |
| |
mentioned in sub-paragraph (2) an opportunity to make further |
| |
representations if the reasons for the direction raise matters with |
| |
respect to which any of those persons have not made |
| |
| 30 |
(5) | In sub-paragraph (5) of that paragraph after “(4)” insert “or (4B)”. |
| |
(6) | In paragraph 6 after sub-paragraph (1) insert— |
| |
“(1A) | Sub-paragraph (1) does not apply in the case of an appeal against |
| |
a decision of a hazardous substances authority in England; but an |
| |
appointed person may hold a hearing or a local inquiry in |
| 35 |
connection with such an appeal pursuant to a determination |
| |
| |
(7) | In sub-paragraphs (2)(a) and (3)(a) of that paragraph after “2(4)” insert “or |
| |
| |
|
| |
|
| |
|
| |
| |
Appeals: miscellaneous amendments |
| |
Town and Country Planning Act 1990 (c. 8) |
| |
1 | TCPA 1990 is amended as follows. |
| |
2 | In section 78 (appeals against planning decisions and failure to take |
| 5 |
planning decisions) after subsection (4) insert— |
| |
“(4A) | A notice of appeal under this section must be accompanied by such |
| |
information as may be prescribed by a development order. |
| |
(4B) | The power to make a development order under subsection (4A) is |
| |
| 10 |
(a) | the Secretary of State, in relation to England; |
| |
(b) | the Welsh Ministers, in relation to Wales. |
| |
(4C) | Section 333(5) does not apply in relation to a development order |
| |
under subsection (4A) made by the Welsh Ministers. |
| |
(4D) | A development order under subsection (4A) made by the Welsh |
| 15 |
Ministers is subject to annulment in pursuance of a resolution of the |
| |
National Assembly for Wales.” |
| |
3 | In section 195 (appeals against refusal or failure to give decision on |
| |
application under section 191 or 192) before subsection (2) insert— |
| |
“(1B) | A notice of appeal under this section must be— |
| 20 |
(a) | served within such time and in such manner as may be |
| |
prescribed by a development order; |
| |
(b) | accompanied by such information as may be prescribed by |
| |
| |
(1C) | The time prescribed for the service of a notice of appeal under this |
| 25 |
section must not be less than— |
| |
(a) | 28 days from the date of notification of the decision on the |
| |
| |
(b) | in the case of an appeal under subsection (1)(b), 28 days |
| |
| 30 |
(i) | the end of the period prescribed as mentioned in |
| |
| |
(ii) | as the case may be, the extended period mentioned in |
| |
| |
(1D) | The power to make a development order under subsection (1B) is |
| 35 |
| |
(a) | the Secretary of State, in relation to England; |
| |
(b) | the Welsh Ministers, in relation to Wales. |
| |
(1E) | Section 333(5) does not apply in relation to a development order |
| |
under subsection (1B) made by the Welsh Ministers. |
| 40 |
(1F) | A development order under subsection (1B) made by the Welsh |
| |
Ministers is subject to annulment in pursuance of a resolution of the |
| |
National Assembly for Wales.” |
| |
|
| |
|
| |
|
4 (1) | Section 208 (appeals against notices under section 207) is amended as |
| |
| |
(2) | For subsection (4) substitute— |
| |
| |
(a) | indicate the grounds of the appeal, |
| 5 |
(b) | state the facts on which the appeal is based, and |
| |
(c) | be accompanied by such information as may be prescribed. |
| |
(4A) | The power to make regulations under subsection (4)(c) is exercisable |
| |
| |
(a) | the Secretary of State, in relation to England; |
| 10 |
(b) | the Welsh Ministers, in relation to Wales. |
| |
(4B) | Section 333(3) does not apply in relation to regulations under |
| |
subsection (4)(c) made by the Welsh Ministers. |
| |
(4C) | Regulations under subsection (4)(c) made by the Welsh Ministers are |
| |
subject to annulment in pursuance of a resolution of the National |
| 15 |
| |
(3) | In subsection (5) for “any such appeal” substitute “an appeal under |
| |
| |
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) |
| |
5 | In section 21 of the Listed Buildings Act (appeals: supplementary |
| 20 |
provisions) after subsection (7) insert— |
| |
“(8) | Regulations under this Act may provide for an appeal under section |
| |
20 to be accompanied by such other information as may be |
| |
| |
(9) | The power to make regulations under subsection (8) is exercisable |
| 25 |
| |
(a) | the Secretary of State, in relation to England; |
| |
(b) | the Welsh Ministers, in relation to Wales. |
| |
(10) | Section 93(3) does not apply in relation to regulations under |
| |
subsection (8) made by the Welsh Ministers. |
| 30 |
(11) | Regulations under subsection (8) made by the Welsh Ministers are |
| |
subject to annulment in pursuance of a resolution of the National |
| |
| |
Planning (Hazardous Substances) Act 1990 (c. 10) |
| |
6 | In section 21 of the Hazardous Substances Act (appeals against decisions |
| 35 |
and failure to take decisions relating to hazardous substances) after |
| |
| |
“(3A) | A notice of appeal under this section must be accompanied by such |
| |
information as may be prescribed. |
| |
(3B) | The power to make regulations under subsection (3A) is exercisable |
| 40 |
| |
(a) | the Secretary of State, in relation to England; |
| |
|
| |
|
| |
|
(b) | the Welsh Ministers, in relation to Wales. |
| |
(3C) | Section 40(3) does not apply in relation to regulations under |
| |
subsection (3A) made by the Welsh Ministers. |
| |
(3D) | Regulations under subsection (3A) made by the Welsh Ministers are |
| |
subject to annulment in pursuance of a resolution of the National |
| 5 |
| |
| |
| |
Application of Act to Scotland: modifications |
| |
1 | Section 5(10) applies as if the reference to Part 11 of TCPA 1990 were a |
| |
reference to Part 10 of the Town and Country Planning (Scotland) Act 1997 |
| 10 |
| |
2 | Section 14 applies as if— |
| |
| |
(i) | the words “any of the following” were omitted, and |
| |
(ii) | paragraphs (a) to (f) and (h) to (p) were omitted, and |
| 15 |
(b) | in subsection (2) for “sections 15 to 30” there were substituted |
| |
| |
3 | Section 32 applies as if— |
| |
| |
(i) | the reference to TCPA 1990 were a reference to section 26 of |
| 20 |
the Town and Country Planning (Scotland) Act 1997, and |
| |
(ii) | the words “This is subject to subsections (2) and (3).” were |
| |
| |
(b) | subsections (2) to (4) were omitted. |
| |
4 | Section 33 applies as if— |
| 25 |
| |
(i) | for “none” there were substituted “neither”, and |
| |
(ii) | paragraphs (b) and (d) to (j) were omitted, and |
| |
(b) | subsections (2) to (4) were omitted. |
| |
5 | Section 44 applies as if— |
| 30 |
(a) | in subsection (2)(b), the words from “or” to the end were omitted, |
| |
(b) | in subsection (3), references to section 5(1) of the Compulsory |
| |
Purchase Act 1965 (c. 56) were references to section 17 of the Lands |
| |
Clauses Consolidation (Scotland) Act 1845 (c. 19), and |
| |
| 35 |
(i) | for paragraph (a) there were substituted— |
| |
“(a) | a claim arising by virtue of paragraph 1 of the Second |
| |
Schedule to the Acquisition of Land (Authorisation |
| |
Procedure) (Scotland) Act 1947 (c. 42)”, and |
| |
(ii) | in paragraph (b), the reference to Part 1 of the Land |
| 40 |
Compensation Act 1973 (c. 26) were a reference to Part 1 of |
| |
the Land Compensation (Scotland) Act 1973 (c. 56). |
| |
|
| |
|
| |
|
6 | Section 52 applies as if— |
| |
(a) | in subsection (2)(c), the words from “or” to the end were omitted, |
| |
(b) | in subsection (3)(b)— |
| |
(i) | the reference to a freeholder were a reference to an owner, |
| |
| 5 |
(ii) | the reference to a mortgagee were a reference to a heritable |
| |
| |
(c) | in subsection (11), references to section 5(1) of the Compulsory |
| |
Purchase Act 1965 (c. 56) were references to section 17 of the Lands |
| |
Clauses Consolidation (Scotland) Act 1845 (c. 19). |
| 10 |
7 | Section 53 applies as if— |
| |
(a) | in subsection (7), the reference to chattels were a reference to |
| |
| |
(b) | in subsection (8), the reference to the Lands Tribunal were a |
| |
reference to the Lands Tribunal for Scotland, and |
| 15 |
(c) | in subsection (11), in the definition of “statutory undertakers”, the |
| |
reference to Part 11 of TCPA 1990 were a reference to Part 10 of the |
| |
Town and Country Planning (Scotland) Act 1997 (c. 8). |
| |
8 | Section 57 applies as if— |
| |
(a) | in subsection (2)(b), the words from “or” to the end were omitted, |
| 20 |
(b) | in subsection (3), references to section 5(1) of the Compulsory |
| |
Purchase Act 1965 were references to section 17 of the Lands Clauses |
| |
Consolidation (Scotland) Act 1845, and |
| |
| |
(i) | for paragraph (a) there were substituted— |
| 25 |
“(a) | a claim arising by virtue of paragraph 1 of the Second |
| |
Schedule to the Acquisition of Land (Authorisation |
| |
Procedure) (Scotland) Act 1947 (c. 42)”, and |
| |
(ii) | in paragraph (b), the reference to Part 1 of the Land |
| |
Compensation Act 1973 (c. 26) were a reference to Part 1 of |
| 30 |
the Land Compensation (Scotland) Act 1973 (c. 56). |
| |
9 | Section 58 applies as if— |
| |
(a) | for subsection (6) there were substituted— |
| |
“(6) | Summary proceedings relating to an offence under this |
| |
section may be commenced regardless of when the |
| 35 |
contravention occurred.”, and |
| |
(b) | in subsection (7), the reference to section 127 of the Magistrates’ |
| |
Courts Act 1980 (c. 43) were a reference to section 136 of the Criminal |
| |
Procedure (Scotland) Act 1995 (c. 46). |
| |
10 | Section 120(6) applies as if the references to an Act included references to an |
| 40 |
Act of the Scottish Parliament. |
| |
11 | Section 127(8) applies as if, for the definition of “statutory undertakers” there |
| |
| |
““statutory undertakers” has the meaning given by section 214 |
| |
of the Town and Country Planning (Scotland) Act 1997 and |
| 45 |
also includes the undertakers— |
| |
(a) | which are deemed to be statutory undertakers for the |
| |
purposes of that Act, by virtue of another enactment; |
| |
|
| |
|
| |
|
(b) | which are statutory undertakers for the purposes of |
| |
paragraphs 9 and 10 of the First Schedule to the |
| |
Acquisition of Land (Authorisation Procedure) |
| |
(Scotland) Act 1947 (c. 42) (see paragraph 10A of that |
| |
| 5 |
12 | Section 128(5) applies as if— |
| |
(a) | in the definition of “local authority”, the reference to section 7(1) of |
| |
the Acquisition of Land Act 1981 (c. 67) were a reference to section 2 |
| |
of the Local Government etc. (Scotland) Act 1994 (c. 39), and |
| |
(b) | for the definition of “statutory undertakers” there were substituted— |
| 10 |
““statutory undertakers” has the meaning given by |
| |
section 214 of the Town and Country Planning |
| |
(Scotland) Act 1997 (c. 8) and also includes the |
| |
| |
(a) | which are deemed to be statutory undertakers |
| 15 |
for the purposes of that Act, by virtue of |
| |
| |
(b) | which are statutory undertakers for the |
| |
purposes of paragraphs 9 and 10 of the First |
| |
Schedule to the Acquisition of Land |
| 20 |
(Authorisation Procedure) (Scotland) Act 1947 |
| |
(see paragraph 10A of that Schedule);”. |
| |
13 | Section 129(2) applies as if— |
| |
(a) | in the definition of “local authority”, the reference to section 17(4) of |
| |
the Acquisition of Land Act 1981 were a reference to section 2 of the |
| 25 |
Local Government etc. (Scotland) Act 1994, and |
| |
(b) | for the definition of “statutory undertakers” there were substituted— |
| |
““ statutory undertakers” has the meaning given by section 214 of |
| |
the Town and Country Planning (Scotland) Act 1997 and also |
| |
includes the undertakers which are deemed to be statutory |
| 30 |
undertakers for the purposes of that Act, by virtue of another |
| |
| |
14 | Section 130 applies as if— |
| |
(a) | in subsection (4), the references to section 21 of the National Trust |
| |
Act 1907 (c.cxxxvi) and section 8 of the National Trust Act 1939 (c. |
| 35 |
1xxxvi) were references to section 22 of the Order confirmed by the |
| |
National Trust for Scotland Order Confirmation Act 1935 (c. ii), and |
| |
(b) | in subsection (5), for the definition of “the National Trust” there were |
| |
| |
““the National Trust” means the National Trust for Scotland for |
| 40 |
Places of Historic Interest or Natural Beauty incorporated by |
| |
the Order confirmed by the National Trust for Scotland Order |
| |
Confirmation Act 1935 (c. ii)”. |
| |
15 | Section 131 applies as if— |
| |
(a) | in subsection (1), for “, open space or fuel or field garden allotment” |
| 45 |
there were substituted “or open space”, and |
| |
(b) | in subsection (12), for the words from “common” to “1981” there |
| |
| |
““common” includes any town or village green; |
| |
|
| |
|