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| For other Amendment(s) see the following page(s):
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| Localism Bill Committee 250-78 |
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| Schedule 19, page 356, line 3, leave out paragraph 1. |
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| Schedule 19, page 357, line 25, after ‘functions’ insert ‘or its new towns and urban |
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| Schedule 19, page 359, line 7, after ‘exercising’ insert ‘its housing or regeneration |
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| Schedule 19, page 359, line 13, after ‘functions’ insert ‘or its new towns and urban |
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| Schedule 19, page 360, line 36, after ‘exercising’ insert ‘its housing or |
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| regeneration functions or’. |
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| Schedule 19, page 361, line 14, after ‘exercising’ insert ‘its housing or |
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| regeneration functions or’. |
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| Schedule 19, page 361, line 28, after ‘regeneration’ insert ‘or its new towns and |
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| urban development functions’. |
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| Schedule 17, page 352, line 1, at end insert— |
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| | ‘(2A) | In paragraph (c), leave out “a degree of control” and insert “certain powers”’. |
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| Schedule 17, page 352, line 7, at end insert— |
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| | ‘(2A) | In subsection (1) after “standards for”, insert “the guidance of”. |
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| | (2B) | In subsection (2) delete “may, in particular, require registered providers to |
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| | comply with specified rules about” and insert “may relate to”’. |
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| Schedule 17, page 352, line 25, leave out from ‘is’ to end of line 27 and insert |
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| Schedule 17, page 352, line 28, leave out paragraph 6 and insert— |
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| | ‘6 (1) | Section 197 (direction by the Secretary of State as to standards) is amended as |
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| | (3) | In subsection (2), leave out “give a direction under subsection (1)(a) or (b) |
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| | only” and insert “direct the regulator to set a standard, or about the content of |
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| Schedule 17, page 355, line 22, at end insert— |
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| | ‘17 | In section 269 (appointment of new officers), omit subsection (2) and insert |
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| | new subsection (2) as follows— |
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| | “(2) | The regulator may appoint more than four of the officers of a |
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| | registered provider only if the provider has fewer officers than |
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| | required by its constitution.”’. |
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| Clause 159, page 143, line 6, at end insert— |
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| | ‘(9A) | In preparing or revising the Housing Strategy for London the Mayor must consult |
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| | all London boroughs and have regard to any published borough investment plan.’. |
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| Schedule 16, page 341, line 16, at end insert— |
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| | ‘(3) | The HCA shall appoint, on the recommendation of the Regulation Committee, a |
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| | member of staff who shall be responsible to the Regulation Committee for the |
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| | discharge of the regulatiory functions of the HCA; and who shall be assisted by |
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| | subordinate HCA staff as appropriate.’. |
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| Schedule 16, page 342, line 26, leave out from beginning to end of line 27 and |
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| | ‘(1) | Appointment as a member of the Regulation Committee shall be for a period of |
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| | three years, except that initially some appointments may be for shorter and |
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| | different periods so as to secure that appointments expire at different times. A |
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| | person appointed in place of a person who ceased to hold office before the end of |
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| | the term for which he was appointed shall be appointed for the remainder of that |
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| | person’s term of office.’. |
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| Schedule 16, page 343, line 5, leave out ‘unable, unfit or unsuitable’ and insert |
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| Schedule 16, page 344, leave out line 29 and insert— |
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| | ‘(c) | the HCA staff member referred to in section 92A subsection (3), or any |
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| | staff member subordinate to that member of staff’. |
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| Schedule 16, page 346, line 8, at end insert— |
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| | ‘(1A) | In subsection (5)(a) after “matches” insert “current”’. |
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| Schedule 17, page 351, line 40, at end insert— |
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| | ‘1A | In section 119 (de-registration: voluntary), leave out paragraph (b) of |
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| Schedule 17, page 351, line 40, at end insert— |
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| | ‘1B | In section 122 (payments to members etc.), after subsection (5), insert— |
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| | “(5A) | Class 4 is payments which are made incidentally to members as a |
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| | result of their belonging to a class of persons to whom the provider is |
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| | properly making payments in pursuance of its constitution or objects. |
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| | (5B) | Class 5 is payments made with the consent of the regulator.”’. |
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| Clause 194, page 161, line 18, after ‘subject to’, insert ‘formal agreement from a |
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| majority of London borough councils and’. |
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| | Compensation for compulsory purchase - assumptions as to planning permission |
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| To move the following Clause:— |
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| | ‘(1) | The Land Compensation Act 1961 is amended as follows. |
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| | (2) | For sections 14, 15 and 16 substitute— |
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| | “14 | Planning permissions - actual and assumed |
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| | (1) | For the purpose of assessing compensation in respect of any compulsory |
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| | acquisition, the matters to be taken into account in ascertaining the value |
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| | of the relevant interest shall include— |
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| | (a) | any planning permission for development on the relevant land or |
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| | any other land which is in force at the valuation date; |
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| | (b) | the prospect, in the circumstances known to the market at the |
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| | valuation date, of any other such planning permission being |
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| | granted in the future; and |
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| | (c) | the value attributable to development on the relevant land by |
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| | itself or together with other land for which planning permission |
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| | could reasonably have been expected to be granted where the |
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| | assumptions mentioned in subsection (3) are made (“appropriate |
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| | alternative development”). |
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| | (2) | In determining the value attributable to appropriate alternative |
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| | development for the purpose of subsection (1)(c) account shall be taken |
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| | (a) | any planning permission for appropriate alternative development |
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| | which could reasonably have been expected to be granted on an |
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| | application considered on the valuation date where the |
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| | assumptions mentioned in subsection (3) are made; and |
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| | (b) | the prospect, on the assumptions mentioned in subsection (3), |
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| | but otherwise in the circumstances known to the market at the |
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| | valuation date, of planning permission for other development |
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| | being granted in the future. |
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| | (3) | The assumptions referred to in subsections (1) and (2) are that the |
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| | circumstances at the date of determination of the application are the same |
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| | as exist at the valuation date except that— |
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| | (a) | the statutory project had been cancelled on whichever of the |
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| | following dates shall apply— |
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| | (i) | the date of first publication of notice of the making of the |
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| | compulsory purchase order as required under the |
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| | Acquisition of Land Act 1981; |
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| | (ii) | the date of first publication of notice of the application |
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| | for compulsory purchase powers contained in any order |
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| | to be made by the Secretary of State under any |
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| | (iii) | the date of first publication of notice of the deposit in |
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| | Parliament of the Bill containing the power to purchase |
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| | (b) | no action has been taken (including acquisition of any land, and |
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| | any development or works) by the acquiring authority, wholly or |
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| | mainly for the purpose of the statutory project; and |
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| | (c) | there is no prospect of the same project, or any other project to |
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| | meet the same or substantially the same need, being carried out |
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| | in the exercise of a statutory function, or by the exercise of |
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| | compulsory purchase powers. |
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| | (4) | In this section “the statutory project” means the project, for which the |
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| | authority has been authorised to acquire the relevant land, for a purpose |
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| | to be carried out in the exercise of a statutory function. |
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| | (5) | In cases of dispute, the area of the statutory project shall be determined |
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| | by the Upper Tribunal as a question of fact subject to the following |
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| | (a) | the statutory project shall be taken to be the area of |
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| | implementation of the authorised purposes within the area of the |
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| | compulsory purchase instrument, save to the extent that it is |
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| | shown (by either party) that it is part of a larger project; and |
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| | (b) | save by agreement or in special circumstances, the Upper |
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| | Tribunal shall not permit the authority to advance evidence of a |
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| | larger project, other than one defined in the compulsory purchase |
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| | instrument or the documents published with it.”. |
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| | (3) | For section 17 substitute— |
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| | “17 | Alternative development certificate |
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| | (1) | For the purpose of determining the permission or permissions to be taken |
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| | into account under section 14(2)(a), either of the parties directly |
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| | concerned may, at any time after the date of first publication of a notice |
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| | mentioned in section 14(3)(a), apply to the local planning authority for |
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| | an alternative development certificate. |
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| | (2) | An “alternative development certificate” is a certificate stating— |
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| | (a) | the opinion of the local planning authority as to the appropriate |
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| | alternative development (if any) for which permission is to be |
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| | taken into account under section 14(2)(a); and |
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| | (b) | a general indication of any conditions, obligations or |
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| | requirements to which the permission would reasonably have |
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| | been expected to be subject. |
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| | (3) | Subject to any appeal made under section 18 of this Act, or any direction |
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| | of the Upper Tribunal given following such an appeal, an alternative |
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| | development certificate shall be conclusive of the matters stated in it for |
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| | the purposes of assessing compensatation.”. |
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| | (4) | For section 18 substitute— |
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| | “18 | Appeals against alternative development certificates |
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| | (1) | Where the local planning authority has issued an alternative development |
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| | certificate under section 17 of this Act in respect of an interest in land— |
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| | (a) | any person entitled to claim compensation in respect of the |
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| | compulsory acquisition of that interest, or |
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| | (b) | any authority possessing compulsory purchase powers and by |
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| | whom that interest is proposed to be acquired, |
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| | | may appeal to the Upper Tribunal against that certificate. |
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| | (2) | In relation to any appeal made under this section the Upper Tribunal |
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| | (a) | determine the timing and scope of the hearing of the appeal, |
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| | having regard to any related compensation reference; |
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| | (b) | direct that the appeal be determined on its own, or at the same |
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| | time as a reference relating to the determination of compensation |
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| | for which the certificate is required; and |
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| | (c) | direct that the hearing of the appeal should take the form of a |
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| | local inquiry before a planning inspector appointed by the |
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| | Secretary of State, and that the inspector be given delegated |
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| | power to determine the appeal on behalf of the Tribunal.”. |
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| | (5) | For section 19 substitute— |
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| | “19 | Application of certificate procedure in special cases |
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| | (1) | Subsection (2) applies where— |
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| | (a) | the person entitled to an interest in land which is proposed to be |
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| | acquired by an authority possessing compulsory purchase |
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| | powers is absent from the Unitee Kingdom or cannot be found; |
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| | (b) | the compensation payable in respect of the interest falls to be |
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| | determined by the valuation of a surveyor under section 58 of the |
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| | Land Clauses Consolidation Act 1845. |
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| | (2) | A surveyor appointed for the purpose described in subsection (1) may |
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| | apply to the local planning authority for an alternative development |
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| | certificate under section 17 before valuing the interest. |
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| | (3) | Sections 17 and 18 shall apply to an application made under this section. |
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| | (4) | An application made under this section shall be accompanied by a |
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| | statement specifying the date on which a copy of the application has been |
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| | or will be served on each of the parties directly concerned. |
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| | (5) | Where the local planning authority issued a certificate to a surveyor |
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| | following an application under this section, the authority shall serve |
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| | copies of the certificate on both the parties directly concerned.”. |
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| | (6) | For sections 20 and 21 substitute— |
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| | “20 | Power to prescibe matters relevant to Part III |
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| | (1) | The provisions which may be made by a development order shall include |
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| | provisions for regulating the manner in which applications under section |
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| | 17 and 19 and appeals under section 18 are to be made and dealt with |
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| | respectively, and in particular— |
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| | (a) | for prescribing the time within which an alternative development |
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| | certificate is required to be issued; |
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| | (b) | for prescribing the manner in which notices of appeals under |
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| | section 18 are to be given, and the time for giving any such |
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| | (c) | for requiring local planning authorities to provide the Secretary |
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| | of State and such other persons (if any) as may be prescribed by |
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| | or under the order with such information relating to the |
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| | application as may be prescribed.”’. |
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| To move the following Clause:— |
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| | ‘(1) | In section 11 of the Local Government Act 2003, omit subsections (2)(b), (3) and |
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| | (2) | Any regulation made under section 11(2)(b) of the Local Government Act 2003 |
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| | shall cease to have effect from 1 April 2012.’. |
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| | Powers of Secretary of State |
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| To move the following Clause:— |
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| | ‘If the Secretary of State thinks that a statutory provision (whenever passed or |
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| | made) requires a local authority to fund a service from which its residents do not |
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| | benefit the Secretary of State may by order amend, repeal, revoke or dissapply |
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