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Localism Bill


Localism Bill (Volume II)
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008

326

 

authority is under a duty to make its report under section 74(2)(b) or

83(1)(b)”.

      (3)  

In subsection (4) (Commission chair may extend deadlines under the

section) for “person appointed to chair the Commission” substitute

“Secretary of State”.

      (4)  

For subsection (6) (extensions of deadlines to be reported to Secretary of

State and in Commission’s annual report) substitute—

“(6)   

Subsections (7) and (8) apply where the power under subsection (4)

is exercised.

(7)   

The Secretary of State must—

(a)   

notify each interested party of the new deadline, and

(b)   

publicise the new deadline in such manner as the Secretary of

State thinks appropriate.

(8)   

The Secretary of State exercising the power must make a statement,

to the House of Parliament of which that Secretary of State is a

member, announcing the new deadline.

(9)   

A statement under subsection (8) may be written or oral.”

45    (1)  

Amend section 100 (Commission chair may appoint assessors at request of

Examining authority) as follows.

      (2)  

In subsection (1) for “person appointed to chair the Commission (“the

chair”)” substitute “Secretary of State”.

      (3)  

In subsection (2) for “chair” substitute “Secretary of State”.

46         

In section 101(1) (Commission chair may appoint lawyer to assist Examining

authority) for “person appointed to chair the Commission” substitute

“Secretary of State”.

47         

In section 102(4) (meaning of “relevant representation”) for “Commission”

(in each place) substitute “Secretary of State”.

Decisions on applications

48    (1)  

Amend section 103 as follows.

      (2)  

In subsection (1) (cases where Secretary of State is the decision-maker) omit

the words after “consent”.

      (3)  

Omit subsection (2) (meaning in Act of “decision-maker”).

      (4)  

For the heading substitute “Secretary of State is to decide applications”.

49    (1)  

Amend section 104 (decisions of Panel and Council) as follows.

      (2)  

In subsection (1) for “the decision-maker is a Panel or the Council” substitute

“a national policy statement has effect in relation to development of the

description to which the application relates”.

      (3)  

In subsection (2)—

(a)   

for “Panel or Council” (in both places) substitute “Secretary of State”,

(b)   

in paragraph (b) for “Commission” substitute “Secretary of State”,

and

 
 

Localism Bill (Volume II)
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008

327

 

(c)   

in paragraph (d) for “its” substitute “the Secretary of State’s”.

      (4)  

In subsections (3) and (4) for “Panel or Council” substitute “Secretary of

State”.

      (5)  

In subsection (5)—

(a)   

for “Panel or Council is” substitute “Secretary of State is”, and

(b)   

for “Panel or Council, or the Commission, being in breach of any

duty imposed on it” substitute “Secretary of State being in breach of

any duty imposed on the Secretary of State”.

      (6)  

In subsections (6), (7) and (8) for “Panel or Council” substitute “Secretary of

State”.

      (7)  

For the heading substitute “Decisions in cases where national policy

statement has effect”

50    (1)  

Amend section 105 (decisions of Secretary of State) as follows.

      (2)  

In subsection (1) for “if the decision-maker is the Secretary of State”

substitute “if section 104 does not apply in relation to the application”.

      (3)  

In subsection (2)(a) (which refers to reports submitted to the Commission)

for “Commission” substitute “Secretary of State”.

      (4)  

For the heading substitute “Decisions in cases where no national policy

statement has effect”.

51         

In section 106(1) (representations which decision-maker may disregard) for

“decision-maker” (in both places) substitute “Secretary of State”.

52    (1)  

Section 107 (timetable for decisions) is amended as follows.

      (2)  

In subsection (1) (deadline for deciding application)—

(a)   

for “decision-maker” substitute “Secretary of State”, and

(b)   

for “day after the start day” substitute “deadline under section 98(3)”.

      (3)  

Omit subsection (2) (meaning of “the start day”).

      (4)  

In subsection (3) (extension of deadline) for “appropriate authority”

substitute “Secretary of State”.

      (5)  

Omit subsection (4) (meaning of “appropriate authority”).

      (6)  

For subsections (6) to (8) (publicising deadline extensions) substitute—

“(6)   

Subsection (7) applies where the power under subsection (3) is

exercised.

(7)   

The Secretary of State exercising the power must make a statement,

to the House of Parliament of which that Secretary of State is a

member, announcing the new deadline.

(8)   

A statement under subsection (7) must be published in such form

and manner as the Secretary of State considers appropriate.

(8A)   

A statement under subsection (7) may be written or oral.”

 
 

Localism Bill (Volume II)
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008

328

 

Suspension of decision-making process

53         

In section 108(2) (suspension of proceedings on application) for the words

from “the following” to the end substitute “examination of the application

by a Panel under Chapter 2, or a single appointed person under Chapter 3,

is suspended (if not already completed).”

Intervention by Secretary of State

54         

In Part 6, omit Chapter 7 (which consists of sections 109 to 113 and Schedule

3).

Grant or refusal

55    (1)  

Section 114 (decision-maker to grant or refuse consent) is amended as

follows.

      (2)  

In subsection (1)—

(a)   

for “it” substitute “the Secretary of State”, and

(b)   

for “decision-maker” substitute “Secretary of State”.

      (3)  

In subsection (2) for “decision-maker” substitute “Secretary of State”.

56         

Omit section 115(6) (Panel or Council to have regard to Secretary of State’s

guidance in deciding whether development is associated).

57    (1)  

Amend section 116 (reasons) as follows.

      (2)  

In subsection (1)—

(a)   

for “decision-maker” substitute “Secretary of State”, and

(b)   

for “its” substitute “the Secretary of State’s”.

      (3)  

In subsection (2) for “appropriate authority” substitute “Secretary of State”.

      (4)  

In subsection (3)—

(a)   

for “appropriate authority” substitute “Secretary of State”, and

(b)   

for “the authority” substitute “the Secretary of State”.

      (5)  

Omit subsection (4) (meaning of “appropriate authority”).

58    (1)  

Amend section 117 (orders granting consent: formalities) as follows.

      (2)  

Omit subsections (2) and (5) (orders made by Panel or Council).

      (3)  

In subsection (3) (duty to publish order)—

(a)   

for “appropriate authority” substitute “Secretary of State”, and

(b)   

for “the authority” substitute “the Secretary of State”.

      (4)  

For subsection (4) (order exercising powers under section 120(5)(a) or (b)

must be in statutory instrument) substitute—

“(4)   

If the order includes provision—

(a)   

made under section 120(3) for or relating to any of the matters

listed in paragraphs 32A and 32B of Schedule 5, or

(b)   

made in the exercise of any of the powers conferred by

section 120(5)(a) or (b),

   

the order must be contained in a statutory instrument.”

 
 

Localism Bill (Volume II)
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008

329

 

      (5)  

In subsection (6) for “is made, the appropriate authority” substitute

“containing the order is made, the Secretary of State”.

      (6)  

Omit subsection (7) (meaning of “appropriate authority”).

59    (1)  

Amend section 118 (legal challenges) as follows.

      (2)  

In subsection (3) (challenges to Commission decision not to accept

application) for “Commission” (in both places) substitute “Secretary of

State”.

      (3)  

In subsection (7) (other challenges to things done by Secretary of State or

Commission) omit “or the Commission”.

Orders granting development consent

60    (1)  

Amend section 120 (what may be contained in order) as follows.

      (2)  

In subsection (5)(b) and (c) (order may contain provision that appears

necessary or expedient to decision-maker) for “decision-maker” substitute

“Secretary of State”.

      (3)  

For subsection (8) (order may not create offences or make byelaws or confer

or amend power to do so) substitute—

“(8)   

With the exception of provision made under subsection (3) for or

relating to any of the matters listed in paragraph 32B of Schedule 5,

an order granting development consent may not include—

(a)   

provision creating offences,

(b)   

provision conferring power to create offences, or

(c)   

provision changing an existing power to create offences.”

61         

Omit section 121 (Secretary of State’s control of exercise of legislative

powers by Panel or Council).

62         

In sections 122(1) and 123(1) (compulsory acquisition may be authorised

only if decision-maker satisfied conditions met) for “decision-maker”

substitute “Secretary of State”.

63         

Omit section 124 (guidance to Panels and Council about authorising

compulsory acquisition).

64    (1)  

Amend section 127 (statutory undertakers’ land) as follows.

      (2)  

In subsection (1)(c) (decision-maker must be satisfied as to use of land) for

“decision-maker” substitute “Secretary of State”.

      (3)  

Omit subsection (7)(b) (Secretary of State to notify Commission).

65         

Omit sections 131(10)(b) and 132(10)(b) (Secretary of State to notify

Commission).

66    (1)  

Amend section 136 (public rights of way) as follows.

      (2)  

In subsection (1) (decision-maker must be satisfied) for “decision-maker”

substitute “Secretary of State”.

      (3)  

In subsections (4)(b) and (5) (revival of right extinguished in connection with

abandoned acquisition proposal) for “appropriate authority” substitute

“Secretary of State”.

 
 

Localism Bill (Volume II)
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008

330

 

      (4)  

Omit subsection (6) (meaning of “appropriate authority”).

67         

In section 138(4)(a) (decision-maker must be satisfied) for “decision-maker”

substitute “Secretary of State”.

68    (1)  

Amend section 147 (Green Belt land) as follows.

      (2)  

In subsection (2) (decision-maker’s duty to notify) for “decision-maker”

substitute “Secretary of State”.

      (3)  

Omit subsection (3) (cases where Secretary of State not decision-maker).

69         

In section 235(1) (interpretation of Act) omit the definitions of—

“the Commission”,

“Commissioner”,

“the Council”, and

“decision-maker”.

70    (1)  

Amend Schedule 4 (corrections of errors in development consent decisions)

as follows.

      (2)  

In paragraph 1(1)(a) for “decision-maker” substitute “Secretary of State”.

      (3)  

In paragraph 1(4), (5) and (7) for “appropriate authority” (in each place)

substitute “Secretary of State”.

      (4)  

Omit paragraph 1(9) (instruments made by the Commission).

      (5)  

In paragraph 1(10) for “is made, the appropriate authority” substitute

“containing the order is made, the Secretary of State”.

      (6)  

In paragraph 2 for “appropriate authority” (in each place) substitute

“Secretary of State”.

      (7)  

In paragraph 2(4) (Secretary of State may specify other persons to whom

correction notice is to be given) for the words after “may” substitute “give

the correction notice to persons other than those to whom sub-paragraph (3)

requires it to be given.”

      (8)  

In paragraph 4 omit the definition of “the appropriate authority”.

71    (1)  

Amend Schedule 5 (provisions relating to, or to matters ancillary to,

development) as follows.

      (2)  

In paragraph 18 (order granting development consent may make provision

for or relating to charging tolls, fares and other charges) after “fares” insert

“(including penalty fares)”.

      (3)  

After paragraph 32 insert—

“32A       

The making of byelaws by any person and their enforcement.

32B   (1)  

The creation of offences within sub-paragraph (2) in connection

with—

(a)   

non-payment of tolls, fares or other charges,

(b)   

a person’s failure to give the person’s name or address in

accordance with provision relating to penalty fares,

(c)   

enforcement of byelaws, or

(d)   

construction, improvement, maintenance or management

of a harbour.

 
 

Localism Bill (Volume II)
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 2 — Other amendments

331

 

      (2)  

An offence is within this sub-paragraph if—

(a)   

it is triable only summarily,

(b)   

a person guilty of the offence is not liable to imprisonment,

and

(c)   

any fine to which a person guilty of the offence may be

liable cannot be higher than level 3 on the standard scale.”

72    (1)  

Amend Schedule 6 (changes to, and revocation of, orders) as follows.

      (2)  

Omit paragraph 1(4) (meaning of “appropriate authority”).

      (3)  

Except in paragraphs 3(6) and (7) and 6(2), for “appropriate authority” (in

each place) substitute “Secretary of State”.

      (4)  

In paragraph 2(1) for “it” substitute “the Secretary of State”.

      (5)  

In paragraph 2(4) for “Commission” substitute “Secretary of State”.

      (6)  

Omit paragraph 2(10) (instruments made by Commission).

      (7)  

In paragraph 2(11) after “instrument” insert “containing the order”.

      (8)  

Omit paragraph 3(6) (cases where Commission is appropriate authority).

      (9)  

In paragraph 3(7) for “Where the appropriate authority is the Secretary of

State, the” substitute “The”.

     (10)  

Omit paragraph 4(8) (instruments made by Commission).

     (11)  

In paragraph 4(9) after “instrument” insert “containing the order”.

     (12)  

In paragraph 6(2) for the words after “payable to the person” substitute “by

the Secretary of State.”

73         

In Schedule 12 (application of Act to Scotland: modifications) in paragraph

27 (application of Part 1 of Schedule 5) after “32” insert “, 32B(1)(a), (b) and

(d)”.

Part 2

Other amendments

Parliamentary Commissioner Act 1967 (c. 13)

74         

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc

subject to investigation) omit the entry for the Infrastructure Planning

Commission.

House of Commons Disqualification Act 1975 (c. 24)

75         

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

(bodies of which all members are disqualified) omit the entry for the

Infrastructure Planning Commission.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

76         

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975 (bodies of which all members are disqualified) omit the entry for

the Infrastructure Planning Commission.

 
 

Localism Bill (Volume II)
Schedule 14 — Grounds on which landlord may refuse to surrender and grant tenancies under section 132

332

 

Town and Country Planning Act 1990 (c. 8)

77    (1)  

The Town and Country Planning Act 1990 is amended as follows.

      (2)  

In section 106A(11) (modification and discharge of planning obligations:

meaning of “appropriate authority”)—

(a)   

in paragraph (aa) (Secretary of State is appropriate authority in

certain development consent cases) omit the words after “any

development consent obligation”, and

(b)   

omit paragraph (ab) (Commission is appropriate authority in all

other development consent cases).

      (3)  

In section 106B(1) (planning obligation appeals otherwise than from

Secretary of State or Commission) omit “or the Infrastructure Planning

Commission”.

      (4)  

In section 106C (development consent obligations: legal challenges) omit “or

the Infrastructure Planning Commission” (in both places).

Freedom of Information Act 2000 (c. 36)

78         

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public

bodies and offices: general) omit the entry for the Infrastructure Planning

Commission.

Government of Wales Act 2006 (c. 32)

79         

In Part 1 of Schedule 7 to the Government of Wales Act 2006 (subjects to

which provisions of Acts of the Assembly may relate) in the exception to

paragraph 19 (Town and Country Planning) for “Functions of the

Infrastructure Planning Commission or any of its members under the

Planning Act 2008” substitute “Development consent under the Planning

Act 2008”.

Schedule 14

Section 133

 

Grounds on which landlord may refuse to surrender and grant tenancies

under section 132

Ground 1

1          

This ground is that any rent lawfully due from a tenant under one of the

existing tenancies has not been paid.

Ground 2

2          

This ground is that an obligation under one of the existing tenancies has

been broken or not performed.

Ground 3

3          

This ground is that any of the relevant tenants is subject to an order of the

court for possession of the dwelling-house let on that tenant’s existing

tenancy.

 
 

 
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