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Amendment made: No. 101, page 48, line 22, after ‘land’, insert
‘or of an interest in or right over land’.— [Mr. Watts.]
Amendment made: No. 102, page 50, line 18, after ‘land’, insert
‘or of an interest in or right over land’.— [Mr. Watts.]
Amendments made: No. 184, in page 75, line 8, at end insert—
‘(3A) In section 151 (counter-notices objecting to blight notices) after subsection (7) insert—
“(7A) The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 25 of Schedule 13 do not include those mentioned in subsection (4)(b).”’.
No. 185, in page 75, line 20, leave out ‘the Secretary of State’ and insert—
(a) if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker;
(b) in any other case, the Secretary of State.
(7) If any question arises by virtue of subsection (6)—
(a) whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or
(b) which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes,
that question shall be referred to the Secretary of State, whose decision shall be final.
(8) In subsections (6) and (7) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11.”’.
No. 186, page 75, line 24, leave out from second ‘the’ to end of line 26 and insert ‘order granting development consent.’.
No. 187, page 75, line 28, leave out from ‘is’ to end of line 30 and insert
‘an order in the terms of the order applied for.’.— [Mr. Watts.]
Amendments made: No. 188, page 76, line 27, at end insert—
‘(3A) In section 101(1)(b) (notices requiring purchase of blighted land)—
(a) for “or 15” substitute “, 15 or 17”, and
(b) after “Schedule 14 and” insert “(except in the case of land falling within paragraph 17 by virtue of paragraph 17(2)(c))”.
(3B) In section 102 (counter-notices objecting to blight notices) after subsection (7) insert—
“(7A) An objection may not be made on the ground mentioned in paragraph (b) of subsection (4) in a counter-notice to a blight notice served by virtue of paragraph 18 of Schedule 14.”
(3C) After section 116 insert—
“116A Power of Secretary of State to acquire land identified in national policy statements where blight notice served
Where a blight notice has been served in respect of land falling within paragraph 18 of Schedule 14, the Secretary of State has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.”’.
No. 324, page 76, line 31, leave out ‘the Secretary of State’ and insert ‘—
(a) if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker;
(b) in any other case, the Secretary of State.
(6) If any question arises by virtue of subsection (5)—
(a) whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or
(b) which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes,
that question shall be referred to the Secretary of State, whose decision shall be final.
(7) In subsections (5) and (6) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 10.”
(4A) In section 121 (“appropriate enactment” for purposes of Chapter 2) after subsection (7) insert—
“(7A) In relation to land falling within paragraph 17 of that Schedule by virtue of paragraph 17(2)(a) or (b), “the appropriate enactment” means the order granting development consent.
(7B) In relation to land falling within paragraph 17 of that Schedule by virtue of paragraph 17(2)(c), “the appropriate enactment” means an order in the terms of the order applied for.
(7C) In relation to land falling within paragraph 18 of that Schedule, “the appropriate enactment” means section 116A.”’.— [Mr. Watts.]
Amendments made: No. 220, page 114, line 2, at end insert—
‘(ba) an interest belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of the Scottish Administration by such an office-holder;
(bb) the interest of the Speaker of the House of Lords in those parts of the Palace of Westminster and its precincts occupied on 23 March 1965 by or on behalf of the House of Lords;
(bc) the interest of the Speaker of the House of Commons in those parts of the Palace of Westminster and its precincts occupied on 23 March 1965 by or on behalf of the House of Commons;
(bd) the interest in any land of—
(i) the Corporate Officer of the House of Lords;
(ii) the Corporate Officer of the House of Commons;
(iii) those two Corporate Officers acting jointly;’.
No. 221, page 114, line 12, after ‘department’, insert
‘or, as the case may be, office-holder in the Scottish Administration,’.
No. 222, page 114, line 24, at end insert—
‘(fa) in the case of land belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of such an office-holder, the office-holder;’.
No. 223, page 114, line 30, at end insert—
‘(i) in relation to land in which there is a Crown interest by virtue of subsection (3)(bb) or (bd)(i), the Corporate Officer of the House of Lords;
(j) in relation to land in which there is a Crown interest by virtue of subsection (3)(bc) or (bd)(ii), the Corporate Officer of the House of Commons;
(k) in relation to land in which there is a Crown interest by virtue of subsection (3)(bd)(iii), those two Corporate Officers acting jointly.’.
No. 224, page 114, line 34, leave out subsections (7) and (8).
No. 225, page 114, line 44, leave out ‘The reference’ and insert ‘References’.
No. 226, page 114, line 45, at end insert—
‘(10) References to an office-holder in the Scottish Administration are to be construed in accordance with section 126(7) of the Scotland Act 1998 (c. 46).’.— [Mr. Watts.]
Amendment made: No. 227, page 115, line 3, at end insert—
‘(2) For the purposes of this section “the Crown” includes—
(c) the Speaker of the House of Lords;
(d) the Speaker of the House of Commons;
(e) the Corporate Officer of the House of Lords;
(f) the Corporate Officer of the House of Commons.’. — [Mr Watts.]
Amendments made: No. 228, page 115, line 6, leave out from ‘served’ to end of line 9 and insert
‘, given or supplied under this Act may be served, given or supplied in any of these ways—
(a) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied,’.
No. 229, page 115, line 12, at end insert—
‘(ba) by sending it by post, addressed to that person at that person’s usual or last known place of abode or, in a case where an address for service has been given by that person, at that address,’.
No. 230, page 115, line 21, leave out from ‘body’ to end of line 25 and insert ‘—
‘(i) by delivering it to the secretary or clerk of the company or body at their registered or principal office,
(ii) by sending it by post, addressed to the secretary or clerk of the company or body at that office,
(iii) by sending it in a prepaid registered letter or, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.’.
No. 231, page 115, line 33, leave out ‘or given’ and insert ‘, given or supplied’.
No. 232, page 115, line 35, leave out from ‘(4)’ to end of line 36 and insert—
Subsection (1)(ba), (d) and (e)(ii) do not apply to the service, giving or supply of any of the following—
(a) notice under section 50(4)(b);
(b) a compulsory acquisition notice under section 121;
(c) notice under section 136(3);
(d) an information notice under section 140;
(e) a notice of unauthorised development under section 142.’.— [John Healey.]
Amendment made: No. 233, in page 115, line 38, at end insert—
‘(6) This section is subject to any contrary provision made by or under this Act.’.— [Mr. Watts.]
Amendments made: No. 234, page 115, line 41, after ‘on’, insert ‘or given or supplied to’.
No. 235, page 116, line 1, after ‘on’, insert ‘or given or supplied to’.
No. 236, page 116, line 3, after ‘served’, insert ‘, given or supplied’.
No. 237, page 116, line 9, leave out from ‘sent’ to end of line 10 and insert ‘—
(i) in the case of a notice mentioned in section 187(4), in the manner specified in section 187(1)(a), (b) or (c), and
(ii) in any other case, in the manner specified in section 187(1)(a), (b), (ba) or (c).’.
No. 238, page 116, line 19, after ‘given’, insert ‘or supplied’.
No. 239, page 116, line 22, leave out ‘or give’ and insert ‘, give or supply’.
No. 240, page 116, line 24, after ‘on’, insert ‘or given or supplied to’.
No. 241, page 116, line 30, at end insert—
‘(7) This section is subject to any contrary provision made by or under this Act.’.— [Mr. Watts.]
Amendments made: No. 242, page 116, line 32, after ‘on’, insert ‘or given or supplied to’.
No. 243, page 116, line 33, after ‘on’, insert ‘or given or supplied to’.
No. 244, page 116, line 34, after ‘service’, insert ‘, giving or supply’.
No. 245, page 116, line 35, at end insert—
‘(3) For the purposes of this section “the Crown” includes—
(c) the Speaker of the House of Lords;
(d) the Speaker of the House of Commons;
(e) the Corporate Officer of the House of Lords;
(f) the Corporate Officer of the House of Commons.’.— [Mr. Watts.]
Amendments made: No. 247, page 117, line 10, after ‘145(1)’, insert
‘, [Power to make provision in relation to Wales](5)’.
No. 248, page 117, line 11, after ‘134(3)’, insert
‘, [Power to make provision in relation to Wales](5)’.— [Mr. Watts.]
Amendments made: No. 249, page 117, line 32, at end insert—
‘“alteration”, in relation to a highway, includes stopping up the highway or diverting, improving, raising or lowering it;’.
No. 250, page 118, line 20, leave out ‘has the same meaning as in’ and insert
‘and “harbour authority” have the meanings given by’.
No. 251, page 118, line 25, at end insert—
‘“improvement”, in relation to a highway, has the meaning given by section 329(1) of the Highways Act 1980;’.
No. 252, page 118, line 29, leave out from ‘to’ to end of line 31 and insert
‘Part 7 must be read in accordance with section [Interpretation: land and rights over land].
No. 253, page 119, line 10, leave out ‘or proposed highway’.
No. 254, page 119, line 15, leave out ‘or proposed highway’.
No. 255, page 119, line 23, at end insert—
‘(2) A reference in this Act to a right over land includes a reference to a right to do, or to place and maintain, anything in, on or under land or in the air-space above its surface.’.
No. 256, page 119, line 23, at end insert—
‘(2) Subsection (3) applies to the question of which parts of waters up to the seaward limits of the territorial sea—
(a) are adjacent to Wales (and, in consequence, are not adjacent to England), or
(b) are not adjacent to Wales (and, in consequence, are adjacent to England).
(3) The question is to be determined by reference to an order or Order in Council made under or by virtue of section 158(3) or (4) of the Government of Wales Act 2006 (apportionment of sea areas) if, or to the extent that, the order or Order in Council is expressed to apply—
(a) by virtue of this subsection, for the purposes of this Act, or
(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.
(4) Subsection (5) applies to the question of which parts of waters up to the seaward limits of the territorial sea—
(a) are adjacent to Scotland (and, in consequence, are not adjacent to England), or
(b) are not adjacent to Scotland (and, in consequence, are adjacent to England).
(5) The question is to be determined by reference to an Order in Council made under section 126(2) of the Scotland Act 1998 if, or to the extent that, the Order in Council is expressed to apply—
(a) by virtue of this subsection, for the purposes of this Act, or
(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.’.— [Mr. Watts.]
Amendments made: No. 257, page 119, line 25, leave out ‘following modifications’ and insert
‘modifications set out in Schedule [Application of Act to Scotland: modifications]’.
No. 258, page 119, line 27, leave out subsections (2) to (13).— [ Mr. Watts .]
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