House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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172
Page 135, line 30, at end insert “(and section 207(5)).”
173
Page 135, line 31, leave out from “containing” to end of line 32 and insert “—

(a)
an order granting development consent;

(b)
an order made by virtue of paragraph 1(7A) of Schedule 4;

(c)
an order changing or revoking an order granting development

consent;

(d)
an order under section 14(3), (Intervention: other circumstances),

153(3), 154(5), 165(1), 196(5) or 212(3)(g);

(e)
regulations under section 101(2)(c) or 102(2)(b).”
174
Page 135, line 33, after “14(3),” insert “(Intervention: other circumstances),”
175
Page 135, line 35, at end insert—

“(7)
No regulations may be made under section 101(2)(c) or 102(2)(b) unless a

draft of the instrument containing the regulations has been laid before, and

approved by resolution of, each House of Parliament.”
Clause 220
176
Page 136, line 41, at end insert—

““gas transporter” has the same meaning as in Part 1 of the Gas Act

1986 (see section 7(1) of that Act);”
177
Page 137, line 11, leave out from ““land”” to “and” in line 12 and insert “includes

buildings and monuments, and land covered with water,”
Clause 225
178
Page 139, line 25, leave out “19” and insert “(Gas transporter pipe-lines)”
179
Page 139, line 27, leave out “135 to 142” and insert “129 and (Common land and rights

of common) to 144”
180
Page 139, line 28, leave out “188” and insert “and 188;

(ea)
in Part 10, sections”
181
Page 139, line 29, at end insert—

“( )
Section (Grants for advice and assistance: Scotland) extends to Scotland only.”
182
Page 139, line 36, after “construction” insert “(other than by a gas transporter)”
183
Page 139, line 41, at end insert—

“(7)
An order under section 209(2) shall extend to each Part of the United

Kingdom.”
Clause 226
184
Page 140, line 4, leave out “8” and insert “9 (except section 188(2) to (5) and

paragraph 7 of Schedule 7)”
185
Page 140, line 5, at end insert “, or making changes to orders granting,”
186
Page 140, line 10, leave out “(subject to subsection (7) below);” and insert “, except

sections 199, 201(5A), (Community Infrastructure Levy: amendments) and 209;”
187
Page 140, line 14, at beginning insert “Except as provided by subsection (1)(a),”

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188
Page 140, line 19, after “sections” insert “(Good design),”
189
Page 140, line 27, leave out sub-paragraph (v)
190
Page 140 , line 31, after “(5),” insert “(Meaning of “local authority” in planning Acts),”
Schedule 1
191
Page 143, line 29, after first “making” insert “or ending”
192
Page 143, line 29, leave out “7(1)” and insert “7”
193
Page 143, line 29, leave out “making the appointment” and insert “doing so”
194
Page 143, line 32, leave out “appointment” and insert “matter”
195
Page 143, line 36, after first “making” insert “or ending”
196
Page 143, line 36, leave out “7(1)” and insert “7”
197
Page 143, line 36, leave out “making the appointment” and insert “doing so”
198
Page 143, line 37, after “expressed” insert “about the matter”
199
Page 143, leave out lines 40 and 41
200
Page 145, line 1, leave out “41(2)” and insert “(Guidance about pre-application

procedure)”
201
Page 147, line 13, leave out “must be” and insert “is”
202
Page 147, line 17, leave out sub-paragraph (2)
Schedule 2
203
Page 149, line 7, leave out “and has been granted, for its construction” and insert

“for its construction by virtue of section 14(1)(f) of that Act, and has been granted.”
204
Page 156, line 39, at end insert—

“Crossrail Act 2008 (c. 18)

66  (1)
Section 48 of the Crossrail Act 2008 (application of Act to extensions) is

amended as follows.

      (2)
Before subsection (1) insert—

“(A1)
Development consent under the Planning Act 2008 is not

required for—

(a)
an extension of Crossrail, or

(b)
the provision, otherwise than as part of an extension of

Crossrail, of a railway facility for use for the purposes of

or in connection with Crossrail.”

      (3)
In subsection (1) for paragraphs (a) and (b) substitute “a matter

mentioned in subsection (A1)(a) or (b).”

      (4)
In subsection (2) for “(1)” substitute “(A1)”.

      (5)
In subsection (5) for “(1)” substitute “(A1)”.”

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Schedule 3
205
Page 158, line 36, after “construction” insert “(other than by a gas transporter)”
Schedule 4
206
Page 160, line 32, at end insert—

  “(7A)
If—

(a)
the decision document is an order granting development

consent, and

(b)
the order was required to be contained in a statutory instrument,


the power conferred by sub-paragraph (4) may be exercised only by

order contained in a statutory instrument.

    (7B)
If the instrument containing the order is made by the Commission, the

Statutory Instruments Act 1946 applies in relation to the instrument as if

it had been made by a Minister of the Crown.

    (7C)
As soon as practicable after the instrument is made, the appropriate

authority must deposit a copy of it in the office of the Clerk of the

Parliaments.”
207
Page 161, line 6, leave out paragraph (b)
208
Page 161, line 19, at end insert “, or, if the correction is required to be made by order

contained in a statutory instrument, the date specified in the order”
209
Page 161, line 29, leave out “applied for the order granting development consent”

and insert “made the application”
Schedule 6
210
Page 165, line 5, at end insert—


“This is subject to sub-paragraphs (8A) to (8C).

    (8A)
If the development consent order was required to be contained in a

statutory instrument, the power conferred by sub-paragraph (1) may be

exercised only by order contained in a statutory instrument.

    (8B)
If the instrument containing the order is made by the Commission, the

Statutory Instruments Act 1946 applies in relation to the instrument as if

it had been made by a Minister of the Crown.

    (8C)
As soon as practicable after the instrument is made, the appropriate

authority must deposit a copy of it in the office of the Clerk of the

Parliaments.”
211
Page 165, line 12, at end insert “, or, if the change to the order is required to be made

by order contained in a statutory instrument, the date specified in the order

making the change”
212
Page 167, line 3, at end insert—

    “(7)
If a development consent order was required to be contained in a

statutory instrument, an order changing or revoking the development

consent order made in the exercise of the power conferred by paragraph

3(1) must also be contained in a statutory instrument.

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      (8)
If the instrument containing the order is made by the Commission, the

Statutory Instruments Act 1946 applies in relation to the instrument as if

it had been made by a Minister of the Crown.

      (9)
As soon as practicable after the instrument is made, the appropriate

authority must deposit a copy of it in the office of the Clerk of the

Parliaments.”
Schedule 8
213
Page 173, line 8, leave out paragraph 16
Schedule 12
214
Page 184, line 27, leave out “(e)” and insert “(f)”
215
Page 188, line 9, at end insert—

“
Section (Liability under existing regimes) applies as if—

(a)
for paragraph (c), there were substituted—

“(c)
section 10 of the Water (Scotland) Act 1980

(compensation for damage resulting from

exercise of statutory powers)”, and

(b)
paragraph (d) were omitted.


Section (Compensation in case where no right to claim in nuisance) applies as

if—

(a)
in subsection (4), the reference to the Lands Tribunal were a

reference to the Lands Tribunal for Scotland,

(b)
for subsections (5) and (6) there were substituted—

“(5)
Section 6 of the Railway Clauses Consolidation (Scotland)

Act 1845 (which makes the construction of the railway

subject to that Act and the Lands Clauses Consolidation

(Scotland) Act 1845) applies in relation to authorised

works as it applies in relation to the construction of a

railway.

(6)
Any rule or principle applied to the construction of

section 6 of the Railway Clauses Consolidation (Scotland)

Act 1845 must be applied to the construction of

subsection (3) of this section (with any necessary

modifications).”, and

(c)
in subsection (7)—

(i)
the reference to Part 1 of the Land Compensation Act 1973

were a reference to Part 1 of the Land Compensation

(Scotland) Act 1973, and

(ii)
in paragraph (c), for “17” there were substituted “15”.”
216
Page 188, line 19, at end insert—

“
Section 163 applies as if—

(a)
in subsection (3)—

(i)
for the words from “the”, where it first occurs, to “(c.49)”

there were substituted “subsections (5) to (9) of section

135 of the Town and Country Planning (Scotland) Act

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1997 (c. 8) (which relate to the execution and cost of

certain works)”, and

(ii)
the words from “section 276” to the end were omitted,

(b)
in subsection (4), for “section 289” there were substituted

“subsection (5) of section 135”, and

(c)
subsection (5) were omitted.”
Schedule 13
217
Page 189, leave out line 36

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