Localism Bill

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
322

      (3)
In subsection (3) (Commission chair must ensure Panel continues to have at
least three members) for “person appointed to chair the Commission”
substitute “Secretary of State”.
      (4)
Omit subsection (5) (self-appointments).
26    (1)
Amend section 69 (replacement of lead member of Panel) as follows.
5
      (2)
In subsection (2) (Commission chair must make appointment to fill vacancy
in office of lead member) for “person appointed to chair the Commission”
substitute “Secretary of State”.
      (3)
Omit subsection (4) (self-appointments).
27
Omit section 70 (membership of Panel where application relates to land in
10
Wales).
28    (1)
Amend section 71 (supplementary provision where Panel replaces single
Commissioner) as follows.
      (2)
In subsection (2) (single Commissioner may be appointed member, or
member and lead member, of Panel) for “A Commissioner who has handled
15
the application under Chapter 3” substitute “An appointed person”.
      (3)
In subsection (3) (power to treat things done by or to single Commissioner
as done by or to Panel) for “a Commissioner” substitute “an appointed
person”.
      (4)
After subsection (4) insert—
20
“(5)
In this section “appointed person” means a person appointed to
handle the application under Chapter 3.”
      (5)
In the heading for “Commissioner” substitute “appointed person”.
29    (1)
Amend section 74 (Panel to decide, or make recommendations in respect of,
application) as follows.
25
      (2)
Omit subsection (1) (cases in which Panel has function of deciding
application).
      (3)
In subsection (2) (cases in which Panel has function of examining application
and reporting on it to the Secretary of State) for “In any other case, the Panel”
substitute “The Panel”.
30
      (4)
Omit subsection (4) (duty of Commission staff to give support to Panel).
Single-Commissioner procedure to become single-appointed-person procedure
30    (1)
Amend section 78 (single Commissioner to handle application) as follows.
      (2)
In subsection (1)(a) (which refers to an application accepted by the
Commission) for “Commission” substitute “Secretary of State”.
35
      (3)
In subsection (1)(b) (which refers to decision that application be handled by
a single Commissioner) for “Commissioner” substitute “appointed person”.
      (4)
In subsection (2) (meaning of “the single Commissioner”) for
“Commissioner” substitute “appointed person”.

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
323

      (5)
In the heading, and in the italic heading immediately preceding the section,
for “Commissioner” substitute “appointed person”.
      (6)
In the heading of Chapter 3 of Part 6 for “single-Commissioner” substitute
“ single-appointed-person”.
31
For section 79 (Commission chair must appoint single Commissioner)
5
substitute—
“79
Appointment of single appointed person
The Secretary of State must appoint a person to handle the
application.”
32    (1)
Amend section 80 (person ceasing to be single Commissioner) as follows.
10
      (2)
Omit subsection (1) (generally, person ceases to be single Commissioner on
ceasing to be a Commissioner).
      (3)
In subsection (2) (single Commissioner may resign by notice to
Commission)—
(a)
for “Commissioner” substitute “appointed person”, and
15
(b)
for “Commission” substitute “Secretary of State”.
      (4)
In subsection (3) (Commission chair may remove single Commissioner)—
(a)
for “person appointed to chair the Commission (“the chair”)”
substitute “Secretary of State”,
(b)
for “Commissioner” (in both places) substitute “appointed person”,
20
and
(c)
for “if the chair” substitute “if the Secretary of State”.
      (5)
In the heading for “Commissioner” substitute “appointed person”.
33
Omit section 81 (single Commissioner continuing though ceasing to be
Commissioner).
25
34
In section 82 (appointment of replacement single Commissioner) for
“Commissioner” (in each place, including in the heading) substitute
“appointed person”.
35    (1)
Amend section 83 (single Commissioner to examine and report on
application) as follows.
30
      (2)
In subsections (1) and (3), in the heading, and in the italic heading
immediately preceding the section, for “Commissioner” (in each place,
including in the word “Commissioner’s”) substitute “appointed person”.
      (3)
In subsection (1)(b) (duty to make report) after “making a report” insert “to
the Secretary of State”.
35
      (4)
Omit subsection (2) (report to be made to the Commission in some cases and
to the Secretary in other cases).
      (5)
Omit subsection (4) (duty of Commission staff to support single
Commissioner).
36
Omit sections 84 and 85 (procedure where single Commissioner’s report
40
made to Commission) and the italic heading immediately preceding section
84.

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
324

Examination of applications
37
In section 86 (Chapter applies to examination by Panel or single
Commissioner), and in its heading, for “Commissioner” (in each place)
substitute “appointed person”.
38
Omit section 87(2)(b) (Examining authority to have regard to guidance given
5
by Secretary of State or Commission).
39
In section 92 (notifying Commission that compulsory acquisition hearing
wanted) for “Commission” (in each place) substitute “Secretary of State”.
40
In section 93 (notifying Commission that open-floor hearing wanted) for
“Commission” (in both places) substitute “Secretary of State”.
10
41
In section 94(2)(b) (Panel member or single Commissioner to preside over
hearing) for “Commissioner” substitute “appointed person”.
42
After section 95 insert—
“95A
Hearings: defence and national security
(1)
Subsection (2) applies if the Secretary of State is satisfied that if all or
15
part of the Examining Authority’s examination of the application
takes the form of a meeting or hearing—
(a)
the making of particular oral representations at such a
meeting or hearing would be likely to result in the disclosure
of information as to defence or national security, and
20
(b)
the public disclosure of that information would be contrary
to the national interest.
(2)
The Secretary of State may direct that representations of a
description specified in the direction may be made only to persons of
a description so specified (instead of being made in public).
25
(3)
If the Secretary of State gives a direction under subsection (2), the
Attorney General (or where the representations are to be made in
Scotland) the Advocate General for Scotland may appoint a person
(an “appointed representative”) to represent the interests of an
interested party who (by virtue of the direction) is prevented from
30
being present when the representations are made.
(4)
Rules under section 97 may (in particular) make provision as to the
functions of an appointed representative.
(5)
The Secretary of State may direct a person (a “responsible person”) to
pay the fees and expenses of an appointed representative if the
35
Secretary of State thinks that the responsible person is interested in a
meeting or hearing in relation to any representations that are the
subject of a direction under subsection (2).
(6)
Subsections (7) and (8) apply if the Secretary of State gives a direction
under subsection (5).
40
(7)
If the appointed representative and the responsible person are
unable to agree the amount of the fees and expenses, the amount
must be determined by the Secretary of State.

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
325

(8)
The Secretary of State must cause the amount agreed between the
appointed representative and the responsible person, or determined
by the Secretary of State, to be certified.
(9)
An amount so certified is recoverable from the responsible person as
a civil debt.
5
(10)
In this section “representations” includes evidence.”
43
In section 96(1)(c) (which refers to representations received by the
Commission) for “Commission” substitute “Secretary of State”.
44    (1)
Amend section 98 (timetable for examining, and reporting on, application)
as follows.
10
      (2)
In subsection (3) (deadline for making report to Secretary of State) for the
words from the beginning to “its report” substitute “The Examining
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
15
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)
20
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.
25
(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
30
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
35
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
40
48    (1)
Amend section 103 as follows.

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
326

      (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.
5
      (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”,
10
(b)
in paragraph (b) for “Commission” substitute “Secretary of State”,
and
(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”.
15
      (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”.
20
      (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.
25
      (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
30
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)—
35
(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”.
40
      (5)
Omit subsection (4) (meaning of “appropriate authority”).

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
327

      (6)
For subsections (6) to (9) (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
5
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.”
Suspension of decision-making process
10
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
15
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.
20
      (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
25
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”.
30
      (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”).
35
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)—

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
328

(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—
5
(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.”
10
      (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
15
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
20
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
25
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,
30
(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
35
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.
40
      (2)
In subsection (1)(c) (decision-maker must be satisfied as to use of land) for
“decision-maker” substitute “Secretary of State”.