Other proposed amendments
Amendments to Standing Orders 1A, 4A, 27, 27A, 35, 36, 39, 41, 42, 43, 44 and 83A
10.The Private Business Standing Orders currently require hard copies of all bill documentation to be deposited in every local authority area. For the High Speed Rail (London-West Midlands) Bill, due to the anticipated scale of the bill documentation, both Houses agreed motions to enable this material to be deposited in electronic form. A similar motion for the High Speed Rail (West Midlands-Crewe) Bill was passed in the House of Lords on 17 July 2017, having previously been agreed by the House of Commons on 11 July 2017. These amendments would enable the electronic deposit of bill documentation for all private and hybrid bills without the need for motions in both Houses, whilst retaining the option for local authority officers to require a hard copy.
1A. Deposit and delivery of documents etc. at offices of government departments and public bodies
(1) Any reference in a provision of these orders to a document, or to a copy or copies of a document, being deposited or delivered in accordance with, or by reference to, this order is a reference to the document, or to a copy or copies of the document, being deposited or delivered—
(a) at the offices of such government departments and public bodies as may be specified in the list, and
(b) if the context so admits, in such quantities as may be so specified.
(2) The deposit or delivery of any such document may be made in readily accessible electronic form, with the agreement of the recipient.
(3) Where an electronic version has been deposited or delivered, the promoters shall inform the recipient that a hard copy is available on request, and, if desired, such copies shall be provided within a reasonable time.
(24) In paragraph (1) above—
“document” includes any bill, plan, section, book of reference, ordnance map, environmental or other statement or estimate;
“the list” means the list which, for the purposes of this order, is compiled and maintained by the Private Bill Office under the direction of the Chairman of Committees.
(35) The provisions of these orders which contain such references as are mentioned in paragraph (1) above are—
(a) Standing Order 27(98),
(b) Standing Order 27A(1),
(c) Standing Order 29,
(d) Standing Order 30,
(e) Standing Order 30A(1),
(f) Standing Order 31(1),
(g) Standing Order 32,
(h) Standing Order 33,
(i) Standing Order 34,
(j) Standing Order 35,
(k) Standing Order 36,
(lj) Standing Order 37,
(mk) Standing Order 39,
(n) Standing Order 41,
(ol) Standing Order 42,
(pm) Standing Order 43,
(q) Standing Order 44,
(rn) Standing Order 45(3), and,
(so) Standing Order 47(2)
4A. Copies of bill to be made available (HC 4A)
(1) The promoters shall on and after 4th December make available for inspection, and for sale at a reasonable price, copies of the bill at an office in London and, if it affects Wales, at an office in Cardiff and, if it affects Scotland, at an office in Edinburgh and, if it affects Northern Ireland, at an office in Belfast and. It shall be sufficient compliance with this paragraph if the promoters supply copies without additional charge by post or electronically, as requested and within a reasonable time. Copies shall also be made available for inspection and sale on the same basis—
(a) if the bill is promoted by, or alters functions of, a local authority, other than a parish council or parish meeting, or community council or community meeting, at an office in the area of the authority;
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27. Deposit of plan, book of reference, section, etc. (HC 27)
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(2) Subject to paragraphs (3) and (4), there shall, on or before 20th November be deposited with the proper officer of the council of each county, metropolitan district, unitary district or London borough, or (in Wales) of each county or county borough or (in Scotland) of each local government area in which any such works, land or buildings are situated—
(a) a plan of the works or alteration of works, and of the lands or buildings, and a book of reference thereto, and
(b) where the construction or alteration of works is proposed to be authorised, a section of the works to be constructed or the alteration to be made.
Such documents may be deposited, if the officer agrees, in electronic form.
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(7) Any deposit made under this Standing Order shall be accompanied by a schedule of documents listing the documents so deposited.
(78) The proper officer or chief executive of the council of each county, metropolitan district, or London borough, or (in Wales) each county or county borough or (in Scotland) each local government area—
(a) shall make on every plan, section and book of reference deposited with him a memorial in writing denoting shall record on a copy of the schedule of documents deposited the date and hour when it was lodged at his office, and
(b) shall at all reasonable hours of the day permit any person to inspect it such documents and to make obtain copies thereof or extracts therefrom, and it shall be sufficient compliance with this paragraph if there is provided to that person, on request and within a reasonable time, copies of so much of the documents as the person may reasonably require, and such copies may, if the person so agrees, be provided in electronic form.
(89) On or before 20th November one copy of every such plan, section, book of reference and ordnance map shall be deposited in the office of the Clerk of the Parliaments and copies shall be deposited in accordance with Standing Order 1A.
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35. Deposit of copy of plan, etc., in certain cases with Commissioner of Police (HC 35)
Where by any bill the construction of a work of any kind is proposed to be authorised by which street traffic, or the regulation of street traffic, in the Metropolitan Police District may be affected, a copy of so much of the deposited plans and sections as relates to such work shall, on or before 20th November, be deposited at the office of the Commissioner of Police of the Metropolis in accordance with Standing Order 1A.
36. Deposit of copy of plan, etc., in certain cases with certain local authorities (HC 36)
(1) In the case of a bill in respect of which a plan, or a plan and section, and a book of reference are required by Standing Order 27 (Deposit of plan, book of reference, section, etc.) to be deposited, a copy of so much of the said plan, or plan and section, as relates to any of the areas hereinafter mentioned specified in Standing Order 1A, and a copy of so much of the book of reference as relates to such area, shall,—
(a) on or before 20th November, be deposited for public inspection with the officers of each local authority, and in the manner specified in Standing Order 1A, or respectively hereinafter mentioned, that is to say, in the case of—
(a) any district in England other than a metropolitan district or unitary district with the proper officer of the district;
(b) any county or county borough in Wales with the proper officer of the county or borough;
(c) any parish having a parish council or community having a community council, with a proper officer of the parish or community council, or, if there is no such officer, with the chairman of that council;
(d) any parish or community not having a parish or community council with the chairman of the parish or community meeting.
(2) Any such plan, section and book or reference may, instead of being deposited as aforesaid,
(b) be sent by registered post to any such officer, and if so sent shall be posted on or before 17th November.
(32) The officer of each local authority with whom a copy of so much of the said plan, or plan and section, and book or reference is any such document is so deposited shall—
(a) permit any person at all reasonable hours of the day to inspect them it and,
(b) to make copies thereof or extracts therefrom provide copies of so much of the document as the person may reasonably require. Such copies may, if the person so agrees, be provided in electronic form.
39. Deposit of copies of bills at government departments and public bodies
On or before 4th December, printed copies of every bill shall be deposited in accordance with Standing Order 1A.
41. Delivery of copies of certain bills to highway authorities (HC 41)
A printed copy of every bill by which it is proposed to authorise any persons other than the highway authority to break up or otherwise interfere with any streets or roads, other than streets or roads shown on the deposited plan shall—
(a) shall be delivered on or before 4th December at, or sent by registered post to, the office of the highway authority liable for the maintenance of such streets or roads, and
(b) if so sent, shall be posted on or before 1st December.
(a) be delivered on or before 4th December, or
(b) be sent by registered post, having been posted on or before 1st December,
to the recipient or recipients specified in Standing Order 1A.
42. Delivery of copies of bills affecting watercourses to Environment Agency (HC 42)
A printed copy of every bill by which it is proposed to authorise any persons to impound or abstract water from, or to discharge water into, any watercourse, or to construct works over, or under, or affecting, any such watercourse or the banks thereof—
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43. Delivery of copies of bills affecting rivers or estuaries to Environment Agency (HC 43)
A printed copy of every bill by which it is proposed to authorise the making, extending or enlarging of any dam, weir or obstruction to the passage of fish in any river or estuary, or of any sewer discharging into any river or estuary, or the abstraction of water from any river—
44. Delivery of copies of certain bills to local authorities (HC 44)
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(2) Either a printed copy of the bill or notice in writing of the provisions thereof to which that order applies shall—
(a) shall be delivered on or before 11th December or sent by registered post, and
(b) if so sent, shall be posted on or before 8th December
to the proper officer of each local authority whose area comprises the whole of any part of the area within which such company, society, association or partnership supply, or are authorised to supply, water.
(3) In this order “local authority” does not include a parish council or a parish meeting or a community council or a community meeting.
(a) be delivered on or before 11th December, or
(b) be sent by registered post, having been posted on or before 8th December,
to the recipient or recipients specified in Standing Order 1A.
83A. Comments on environmental statement (HC 224A)
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(8) If any supplementary environmental information is deposited in relation to the bill:
(a) it shall be prefaced with a statement that the information is being deposited as supplementary information under this order;
(b) the requirements of Standing Order 27A in relation to the deposit of copies of the environmental statement shall apply to the supplementary environmental information;
(c) copies of the supplementary environmental information shall be made available for inspection and sale at the offices and in the manner prescribed by Standing Order 27A(5);
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Further amendments to Standing Order 27A
11.These amendments introduce, as part of the requirement to provide an environmental statement, a further requirement to produce a report evaluating viable alternatives to the works authorised by the bill. They also update references to the relevant Town and Country Planning regulations.
27A. Environmental assessment (HC 27A)
(1) Subject to paragraph (97) below, in the case of a bill authorising the carrying out of works the nature and extent of which are specified in the bill on land so specified, there shall be deposited on or before 4th December in the office of the Clerk of the Parliaments and in accordance with Standing Order 1A either—
(a) a copy or copies (as specified for the purposes of Standing Order 1A) of an environmental statement containing in relation to the works authorised by the bill—
(i) the information referred to in Part II of Schedule 4 to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI 1999/293) referred to below as “Schedule 4”) and so much of the information referred to in Part I of that Schedule as is reasonably required to assess the environmental effect of the works and as the promoters can reasonably be expected to compile; or
(ii) such of that information as the Secretary of State may in any particular case direct, or
(i) the information specified in paragraph (2), and
(ii) a report which identifies, describes and evaluates reasonable alternatives to the works authorised by the bill, taking into account the objectives and geographical scope of the bill; or
(b) a copy or copies (as so specified) of a direction by the Secretary of State that no such statement is necessary in relation to the works authorised by the bill.
(2) The information referred to in paragraph (1)(a)(i) is—
(a) the information referred to in regulation 18(3)(a) to (e) and (4)(b) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571) (referred to below as “the EIA Regulations”), together with any additional information specified in Schedule 4 to the EIA Regulations which is relevant to the specific characteristics of the works authorised by the bill and to the environmental features likely to be significantly affected, or
(b) such of the information mentioned in paragraph (a) as the Secretary of State may in any particular case direct.
(3) An environmental statement deposited under this order shall be prepared by persons who have sufficient expertise to ensure the completeness and quality of the statement and shall take into account the matters referred to in regulation 18(4)(c) of the EIA Regulations.
(42) Where any such works authorised by a bill relate to two or more distinct projects each project may be treated separately for the purposes of paragraphs (1) and (2) above; and the references in sub paragraph (a) and (b) of that paragraph those paragraphs to the works authorised by the bill shall accordingly be construed, where the paragraph applies separately to each project, as references to the works comprised in that project.
(53) Notwithstanding any direction given as mentioned in paragraph (21)(ba) above, any environmental statement of which copies are deposited under this Order shall contain the summary (referred to below as “the non-technical summary”) required by paragraph 6 of Part I and paragraph 5 of Part II of Schedule 4 regulation 18(3)(e) of, and paragraph 9 of Schedule 4 to, the EIA Regulations.
(64) Where the Secretary of State has given a direction as mentioned in paragraph (21)(ba) above, a copy of the direction shall be deposited with every copy of the environmental statement deposited under this order; and every copy of a direction so deposited or deposited under paragraph (1)(b) above shall be accompanied by a statement by the Secretary of State of his reasons for giving the direction.
(75) Copies of every environmental statement deposited under this order shall be made available for inspection, and for sale at a reasonable price, on and after 4th December, at the offices at which copies of the bill are required to be made available under Standing Order 4A (Copies of bill to be made available); and there shall also be made available separately on and after that date at those offices, for inspection and for sale at a reasonable price, copies of the non-technical summary. It shall be sufficient compliance with this paragraph if the promoters make copies of the environmental statement and non-technical summary available for inspection in electronic form and supply copies without additional charge by post or electronically, as requested and within a reasonable time.
(86) The reference to Schedule 4 in this order is a reference to that schedule as amended from time to time and includes a reference to the corresponding provision of any regulations which re-enact the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, with or without amendment; and references to particular paragraphs of Schedule 4 shall be construed accordingly. References in this order to any provision of the EIA Regulations are references to that provision as amended from time to time and include references to the corresponding provision of any regulations which re-enact the EIA Regulations, with or without amendment.
(97) This order does not require the deposit of copies of an environmental statement in relation to any works for which planning permission has been granted.