1 S.I.
2009/2265: Reported for defective drafting
Infrastructure Planning (Model Provisions)
(England and Wales) Order 2009 (S.I. 2009/2265)
1.1 The Committee draws the special attention
of both Houses to this Order on the ground that it is defectively
drafted in several respects.
1.2 Schedules 1 to 4 of this Order set out model
provisions for inclusion in draft orders which are required to
accompany an application to the Infrastructure Planning Commission
for development consent.
1.3 Article 1(1) in each Schedule defines "relevant
planning authority" as including a National Park Authority
and the Broads Authority. In a memorandum printed at Appendix
1, the Department for Communities and Local Government accepts
that in each case the definition should have included the words
"if the land to which the provisions of this Order or requirements
apply is situated in the area of that authority.
1.4 Article 26 in Schedule 1, article 32 in Schedule
2, and article 36 in Schedule 3 each contain provisions which,
in specified circumstances, will apply instead of section 8(1)
of the Compulsory Purchase Act 1965. Article 21(3) in Schedule
1, article 27(3) in Schedule 2, and article 31(3) in Schedule
3 are each expressed to be "subject to section 8 of the 1965
Act, as substituted" by article 26, 32 or 36 (as the case
may be). The Department acknowledges that the wording in articles
21(3), 27(3) and 31(3) is unclear as it does not state that a
revised version of section 8(1) only is substituted.
1.5 The Department also acknowledges that certain
wording in Schedule 4 which is intended to require that something
may not occur until specified documents have been submitted is
defective as it states that something may not occur until the
documents "shall be" submitted.
1.6 The Department states that it will revise the
wording in future versions of the model provisions, to be included
in an order proposed to be made in 2010.
1.7 The Committee accordingly reports this Order
for these instances of defective drafting, acknowledged by the
Department.
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