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Lord Ampthill: The noble Lord, Lord Clinton-Davis, was quite right to raise the matter. It was indeed a matter which deeply concerned the Select Committee, as he will be aware from reading our report. Members of that committee were much comforted to know that the working group would report; indeed, we did exercise a degree of pressure in that respect. It has been promised that the report will be available by the end of the year, and that was a considerable relief to the Select Committee.
Lord Clinton-Davis: I am most grateful both to the Minister and to the noble Lord, Lord Ampthill. It is an important issue. I was simply probing in that respect and I think that the progress that is being made is encouraging.
On Question, Clause 43 agreed to.
Viscount Goschen moved Amendment No. 23:
The noble Viscount said: In moving the above amendment I shall, with the leave of the Committee, speak also to Amendment No. 37. Despite the length of the amendments, I hope that they are essentially non-contentious as they represent a concession.
Under the Bill as currently drafted no further approval for the various overhead electric line diversions required for the CTRL would be needed once the Bill is passed. These amendments instead require a further consent to be obtained from the Secretaries of State, and the new schedule makes detailed provision in relation to publicity and consultation in certain cases. The provisions are modelled on the Electricity Act 1989 and the relevant regulations issued under it. I beg to move.
On Question, amendment agreed to.
Clause 47, as amended, agreed to.
Viscount Goschen moved Amendment No. 24:
The noble Viscount said: This is a self-explanatory drafting amendment reflecting the fact that since the Bill was introduced we have signed a development agreement with London & Continental Railways. I beg to move.
On Question, amendment agreed to.
Clause 53, as amended, agreed to.
Schedule 4 [Acquisition of land within limits shown on deposited plans]:
Schedule 6 [Planning conditions]:
Viscount Goschen moved Amendment No. 26:
The noble Viscount said: In moving Amendment No. 26 I wish to speak also to Amendments Nos. 27 and 28. These are drafting amendments to paragraphs 27 to 29 of Schedule 6 to the Bill which make it clear that invitations to the various bodies concerned to make representations should specify the time within which representations are to be made. I beg to move.
Lord Clinton-Davis: I confess that I have not looked carefully at this matter but the time limit involved here is not specified. Of course the Minister is looking for
Viscount Goschen: As I said, these amendments to paragraphs 27 to 29 of Schedule 6 to the Bill require various bodies--English Nature, English Heritage, the Countryside Commission, the Environment Agency and the Lee Valley Regional Park Authority--to be invited by planning authorities to make representations on relevant requests for approval submitted by the nominated undertaker. I understand that the various bodies have 21 days to make representations in response to any such invitation. To avoid there being any confusion as to the time limit for the various bodies to make representations--some of the bodies concerned, or the people dealing with the invitations, may not have copies of the Channel Tunnel Rail Link Act, as we hope it will become, readily to hand--the amendments simply provide for the invitation itself to specify the time within which representations need to be made. Therefore the noble Lord has nothing to fear.
On Question, amendment agreed to.
Viscount Goschen moved Amendments Nos. 27 and 28:
The noble Viscount said: I have spoken to these amendments with a previous amendment. I beg to move Amendments Nos. 27 and 28 en bloc.
On Question, amendments agreed to.
Viscount Goschen moved Amendment No. 29:
The noble Viscount said: In moving Amendment No. 29 I wish to speak also to Amendments Nos. 30, 31, 33 and 34. Essentially these amendments increase the flexibility of the Secretaries of State for the Environment and Transport to decide how planning appeals under the Bill should be determined, and provide for the appeal procedures to be set out in regulations. I beg to move.
On Question, amendment agreed to.
Viscount Goschen moved Amendments Nos. 30 and 31:
On Question, amendments agreed to.
Viscount Goschen moved Amendment No. 32:
The noble Viscount said: This amendment was spoken to with Amendments Nos. 8 and 9. I beg to move.
On Question, amendment agreed to.
Viscount Goschen moved Amendments Nos. 33 and 34:
The noble Viscount said: These amendments were grouped with Amendment No. 29. I beg to move Amendments Nos. 33 and 34 en bloc.
On Question, amendments agreed to.
Schedule 6, as amended, agreed to.
Schedule 7 agreed to.
Page 24, line 9, at end insert--
("(2) Schedule (Overhead lines: consent) to this Act (which makes alternative provision for consent in relation to lines to which subsection (1) above applies) shall have effect.
(3) On the revocation or expiry of consent under Schedule (Overhead lines: consent) to this Act, the line to which the consent relates shall cease to be a line to which subsection (1) above applies.
(4) On granting consent under Schedule (Overhead lines: consent) to this Act to electricity undertakers, the appropriate Ministers may direct that planning permission shall be deemed to be granted for the carrying out of development to which the consent relates, subject to such conditions (if any) as may be specified in the direction.
(5) In subsection (4) above--
(a) "electricity undertakers" means the holder of a licence under section 6 of the Electricity Act 1989, and
(b) the reference to the appropriate Ministers is to the Secretary of State for Trade and Industry and the Secretary of State for Transport acting jointly.").
7 p.m.
Page 27, line 17, after second ("agreement") insert ("(including one entered into before the passing of this Act)").
Page 161, line 15, at end insert--
("( ) An invitation under sub-paragraph (1) above shall specify the time limit for making representations.").
Page 161, line 42, at end insert--
("( ) An invitation under sub-paragraph (1) above shall specify the time limit for making representations.").
Page 162, line 8, at end insert--
("( ) An invitation under sub-paragraph (1) above shall specify the time limit for making representations.").
Page 162, line 35, leave out ("in writing").
Page 162, line 36, after ("appeal") insert ("in the prescribed form").
Page 162, leave out lines 42 to 48.
Page 163, line 12, at end insert--
("(7) The appropriate Ministers may by regulations make provision for the extension of the appropriate period for the purposes of sub-paragraph (5) above in connection with the payment of fees by means of cheque.
(8) The power to make regulations under sub-paragraph (7) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.").
Page 163, line 12, at end insert--
("( ) In this paragraph, "prescribed" means prescribed by regulations made by the appropriate Ministers.").
Page 163, line 16, at end insert--
("33A.--(1) Unless the appropriate Ministers direct otherwise, their functions in relation to the determination of an appeal under paragraph 32 above shall, instead of being carried out by them, be carried out by a person appointed by them for the purpose.
(2) The appropriate Ministers may by a further direction revoke a direction under sub-paragraph (1) above at any time before the determination of the appeal.
(3) A direction under sub-paragraph (1) or (2) above shall be served on the nominated undertaker and the planning authority whose decision is appealed against.
(4) At any time before the determination of an appeal by a person appointed for the purpose under this paragraph, the appropriate Ministers may revoke his appointment and appoint another person to determine the appeal instead.
(5) Where the function of determining an appeal under paragraph 32 above is transferred from one person to another, the person to whom the function is transferred shall consider the matter afresh, but the fact that the function is transferred shall not entitle any person to make fresh representations or to modify or withdraw any representations already made.
(6) If the appropriate Ministers determine an appeal which another person was previously appointed to determine, they may, in determining it, take into account any report made to them by that person.
33B. The decision of the person appointed under paragraph 33A above, or, as the case may be, of the appropriate Ministers, on an appeal under paragraph 32 above shall be final.
33C.--(1) An appeal under paragraph 32 above shall be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise.
(2) Subject to that, the appropriate Ministers may by regulations make such provision as they think fit about procedure in relation to appeals under paragraph 32 above.
(3) Regulations under sub-paragraph (2) above may, in particular--
(a) make provision for a time limit within which any person entitled to make representations must submit them in writing and any supporting documents,
(b) empower the person deciding an appeal to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and
(c) empower the person deciding an appeal, after giving written notice of his intention to do so to the nominated undertaker and the planning authority whose decision is appealed against, to proceed to a decision notwithstanding that no written representations were made within the time
limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.
(4) Regulations under sub-paragraph (2) above may, in relation to such a time limit as is mentioned in sub-paragraph (3)(a) above--
(a) prescribe the time limit in the regulations, or
(b) enable the appropriate Ministers to give directions setting the time limit in a particular case or class of case.
33D.--(1) Regulations under paragraph 32 or 33C above may make different provision for different cases.
(2) The power to make regulations under paragraph 32 or 33C shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.").
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