Growth and Infrastructure Act 2013

(1A) (1) Where under a special-acquisition provision an order is subject to special parliamentary procedure so far as the order authorises compulsory acquisition of, or of a right over, land to which that provision applies, sections 3 to 7 of this Act apply in relation to the order with the modifications specified in subsections (3) to (19). (2) Where those sections apply with those modifications in relation to an order, in subsections (3) to (19) “the special authorisation” means the order so far as it authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies. (3) In section 3(1) the reference to a petition duly presented against the order is to be read as a reference to a petition duly presented against the special authorisation. (4) In section 3(2)— (a) the reference to petitions against an order to which this Act applies is to be read as a reference to petitions against the special authorisation, and (b) in paragraphs (a) and (b) a reference to the order is to be read as a reference to the special authorisation. (5) In section 3(4) a reference to the order is to be read as a reference to the special authorisation. (6) In section 3(4A)— (a) the reference in the opening words to the order to which a petition relates is to be read as a reference to the order containing the special authorisation to which a petition relates, and (b) in paragraph (a) the reference to the order being one that relates to proposals of the kind mentioned is to be read as a reference to the Chairmen being of the opinion that removal of the special authorisation from the order would be inconsistent with proposals of that kind. (7) In section 3(5)— (a) the reference to every order to which this Act applies is to be read as a reference to the special authorisation, and (b) the reference to every such report is to be read as a reference to the report of the Chairmen in respect of the special authorisation. (8) In section 4(1)— (a) the reference to any order to which this Act applies is to be read as a reference to the special authorisation, (b) the reference to resolving that an order be annulled is to be read as a reference to resolving that the special authorisation be annulled, (c) the reference to an order becoming void is to be read as a reference to the special authorisation becoming void, and (d) the reference to taking no further proceedings on an order is to be read as a reference to taking no further proceedings on the special authorisation. (9) In section 4(2) the reference to the order is to be read as a reference to the special authorisation. (10) In section 4(3)— (a) the reference to neither House resolving that the order be annulled is to be read as a reference to neither House resolving that the special authorisation be annulled, and (b) the reference to petitions relating to the order is to be read as a reference to petitions relating to the special authorisation. (11) Section 4 is to be read as if after subsection (3) there were inserted— (4) Where either House resolves during the resolution period that the special authorisation be annulled, the Minister is to either— (a) withdraw the order by notice given in the prescribed manner, or (b) cause the order to be submitted to Parliament for further consideration by means of a Bill for the confirmation of the order. (5) A Bill presented for the purposes of subsection (4)(b) must set out the order as laid before Parliament under section 1(2) of this Act, and any such Bill is to be treated as a public bill, except that— (a) where a petition for amendment of the special authorisation was certified as proper to be received, the Bill— (i) after being read a second time in the House in which it is presented, is to be referred to a joint committee of both Houses for the purposes of the consideration of that petition, (ii) after it has been reported by the joint committee, is to be ordered to be considered in the House in which it is presented as if it had been reported by a committee of that House, and (iii) when it has been read a third time and passed in that House, is to be treated as having passed through all its stages up to and including committee in the second House; (b) where no such petition has been so certified— (i) the Bill is after its presentation to be treated as having passed all its stages up to and including committee in the House in which it is presented, (ii) the Bill is to be ordered to be considered in that House as if it had been reported from a committee of that House, and (iii) when the Bill has been read a third time and passed in that House, the like proceedings are to be taken on the Bill in the second House. (12) In section 5(1)— (a) the reference to any petition against an order to which this Act applies is to be read as a reference to any petition against the special authorisation, (b) the reference to the order standing referred to a committee is to be read as a reference to the special authorisation standing referred to that committee, and (c) the reference to the committee's power to report the order is to be read as a reference to the committee's power to report the special authorisation. (13) In section 5(2) a reference to the order is to be read as a reference to the special authorisation. (14) In section 5(3) the reference to any order to which this Act applies is to be read as a reference to the special authorisation. (15) In section 6(1) the reference to an order to which this Act applies being reported without amendment is to be read as a reference to the special authorisation being reported without amendment. (16) In section 6(2) the reference to any such order being reported with amendments is to be read as a reference to the special authorisation being reported with amendments. (17) In section 6(3) the reference to it being reported, with respect to any such order, that the order be not approved is to be read as a reference to it being reported that the special authorisation be not approved. (18) In section 6(5)— (a) the requirement for a Bill to set out the order as referred to the joint committee is to be read as a requirement for the Bill to set out the order as laid under section 1(2) of this Act, and (b) in paragraph (a) the reference to a petition for amendment of the order is to be read as a petition for amendment of the special authorisation. (19) In section 7 a reference to an order to which this Act applies is to be read as a reference to the special authorisation.

• (5) After section 9 insert—

(9A) (1) In this section, a reference to a special-acquisition order is to an order which, under a special-acquisition provision, is subject to special parliamentary procedure so far as it authorises compulsory acquisition of, or of a right over, land to which that provision applies. (2) A reference in section 9(a) or (d) of this Act to an order to which this Act applies is, in the case of a special-acquisition order, to be read as a reference to that order so far as it authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies. (3) The reference in section 9(f) of this Act to any order is, in the case of a special-acquisition order, to be read as a reference to that order so far as it authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies. (4) The reference in section 9(g) of this Act to section 6 of this Act is to be read as a reference to section 4 or 6 of this Act. (5) Where Standing Orders of either House of Parliament make provision that relates to orders to which this Act applies and is for a purpose mentioned in section 9 then, unless the Standing Orders provide otherwise, the provision applies in relation to a special-acquisition order only so far as the order authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies.

• (6) In section 11(1) (interpretation) after the definition of “Prescribed” insert—

“Special-acquisition provision” has the meaning given by section 1(3) of this Act;

.

• (7) In the Acquisition of Land Act 1981—

• (a) in sections 17(2) and 18(2) (certain compulsory purchase orders subject to special parliamentary procedure so far as authorising acquisition of special land if owner objects to the order) for “the order” substitute “ the compulsory purchase of the land ”, and

• (b) in paragraphs 4(2) and 5(2) of Schedule 3 (certain compulsory purchase orders subject to special parliamentary procedure so far as authorising acquisition of rights over special land if owner objects to the order) for “the order” substitute “ the compulsory purchase of the rights ”.

• (8) In paragraph 12 of Schedule 4 to the New Towns Act 1981 (certain compulsory purchase orders subject to special parliamentary procedure so far as authorising acquisition of special land if owner objects to the order) for “to the order” substitute “ to the acquisition of the land ”.

• (9) In each of the following provisions (which refer to orders confirmed by Act under section 6 of the 1945 Act) before “6” insert “ 4 or ”

• section 44(1) of the Harbours Act 1964,

• section 27 of the Acquisition of Land Act 1981,

• paragraph 16(a) of Schedule 4 to the New Towns Act 1981,

• paragraph 6(6)(a) of Schedule 11 to the Water Industry Act 1991,

• paragraph 6(6)(a) of Schedule 19 to the Water Resources Act 1991, and

• section 12(3)(b) of the Transport and Works Act 1992.

• (10) An amendment made by subsection (4) or (5), so far as it applies to orders granting development consent, applies to any such order made after the amendment comes into force.

Bringing business and commercial projects within Planning Act 2008 regime

26

• (1) The Planning Act 2008 is amended as follows.

• (2) For section 35 substitute—

(35) (1) The Secretary of State may give a direction for development to be treated as development for which development consent is required. This is subject to the following provisions of this section and section 35ZA. (2) The Secretary of State may give a direction under subsection (1) only if— (a) the development is or forms part of— (i) a project (or proposed project) in the field of energy, transport, water, waste water or waste, or (ii) a business or commercial project (or proposed project) of a prescribed description, (b) the development will (when completed) be wholly in one or more of the areas specified in subsection (3), and (c) the Secretary of State thinks the project (or proposed project) is of national significance, either by itself or when considered with— (i) in a case within paragraph (a)(i), one or more other projects (or proposed projects) in the same field; (ii) in a case within paragraph (a)(ii), one or more other business or commercial projects (or proposed projects) of a description prescribed under paragraph (a)(ii). (3) The areas are— (a) England or waters adjacent to England up to the seaward limits of the territorial sea; (b) in the case of a project for the carrying out of works in the field of energy, a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions. (4) The Secretary of State may give a direction under subsection (1) only with the consent of the Mayor of London if— (a) all or part of the development is or will be in Greater London, and (b) the development is or forms part of a business or commercial project (or proposed project) of a description prescribed under subsection (2)(a)(ii). (5) Regulations under subsection (2)(a)(ii) may not prescribe a description of project which includes the construction of one or more dwellings. (35ZA) (1) The power in section 35(1) to give a direction in a case within section 35(2)(a)(i) (projects in the field of energy etc) is exercisable only in response to a qualifying request if no application for a consent or authorisation mentioned in section 33(1) or (2) has been made in relation to the development to which the request relates. (2) The power in section 35(1) to give a direction in a case within section 35(2)(a)(ii) (business or commercial projects of prescribed description) is exercisable only in response to a qualifying request made by one or more of the following— (a) a person who proposes to carry out any of the development to which the request relates; (b) a person who has applied, or proposes to apply, for a consent or authorisation mentioned in section 33(1) or (2) in relation to any of that development; (c) a person who, if a direction under section 35(1) is given in relation to that development, proposes to apply for an order granting development consent for any of that development. (3) If the Secretary of State gives a direction under section 35(1) in relation to development, the Secretary of State may— (a) if an application for a consent or authorisation mentioned in section 33(1) or (2) has been made in relation to the development, direct the application to be treated as an application for an order granting development consent; (b) if a person proposes to make an application for such a consent or authorisation in relation to the development, direct the proposed application to be treated as a proposed application for development consent. (4) A direction under section 35(1), or subsection (3) of this section, may be given so as to apply for specified purposes or generally. (5) A direction under subsection (3) may provide for specified provisions of or made under this or any other Act— (a) to have effect in relation to the application, or proposed application, with any specified modifications, or (b) to be treated as having been complied with in relation to the application or proposed application. (6) If the Secretary of State gives a direction under subsection (3), the relevant authority must refer the application, or proposed application, to the Secretary of State instead of dealing with it themselves. (7) If the Secretary of State is considering whether to give a direction under subsection (3), the Secretary of State may direct the relevant authority to take no further action in relation to the application, or proposed application, until the Secretary of State has decided whether to give the direction. (8) The Secretary of State may require an authority within subsection (9) to provide any information required by the Secretary of State for the purpose of enabling the Secretary of State to decide— (a) whether to give a direction under section 35(1), and (b) the terms in which such a direction should be given. (9) An authority is within this subsection if an application for a consent or authorisation mentioned in section 33(1) or (2) in relation to the development has been, or may be, made to it. (10) If the Secretary of State decides to give a direction under section 35(1), the Secretary of State must give reasons for the decision. (11) In this section— - “qualifying request” means a written request, for a direction under section 35(1) or subsection (3) of this section, that— 1. specifies the development to which it relates, and 2. explains why the conditions in section 35(2)(a) and (b) are met in relation to the development; - “relevant authority”— 1. in relation to an application for a consent or authorisation mentioned in section 33(1) or (2) that has been made, means the authority to which the application was made, and 2. in relation to such an application that a person proposes to make, means the authority to which the person proposes to make the application.

• (3) In section 35A (timetable for deciding request for direction under section 35), in subsection (5), in the definition of “qualifying request”, for “35(10)” substitute “ 35ZA(11) ”;

• (4) In section 232 (orders and regulations)—

• (a) in subsection (5)(e) (regulations not subject to negative procedure), after “section” insert “ 35(2)(a)(ii), ”;

• (b) in subsection (7) (regulations subject to affirmative procedure), after “section” insert “ 35(2)(a)(ii), ”.

Authorisation of road user charging under Planning Act 2008

27

• (1) Section 144 of the Planning Act 2008 (content of order granting development consent: highways) is amended as follows.

• (2) After subsection (2) insert—

(2A) Subsection (2) does not apply to an order that includes provision authorising other charges in respect of the use or keeping of motor vehicles on roads. (2B) In subsection (2A)— - “motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exceptions: certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts; - “road” has the meaning given in section 142(1) of the Road Traffic Regulation Act 1984.

• (3) Omit subsection (3).

Delegation of planning functions by Mayor of London

28

• (1) In section 38 of the Greater London Authority Act 1999 (delegation) after subsection (2A) insert—

(2B) In relation to a function listed in subsection (2C), subsection (2) has effect— (a) as if paragraph (b) referred only to members of staff appointed under section 67(1), and (b) with the omission of paragraphs (c) to (f). (2C) The functions referred to in subsection (2B) are— (a) the function of giving a direction under section 2A(1) or (1B) of the Town and Country Planning Act 1990 (call-in of planning applications by the Mayor), and (b) the function of determining an application by virtue of section 2A or 2B of that Act.

• (2) In consequence of subsection (1), omit section 2B(8) of the Town and Country Planning Act 1990 (which disapplies section 38(1) of the 1999 Act in relation to functions under sections 2A and 2B of the 1990 Act).

Economic measures

Postponement of compilation of English rating lists to 2017

29

• (1) Section 41 of the Local Government Finance Act 1988 (local rating lists) is amended in accordance with subsections (2) to (5).

• (2) In subsection (2) (list to be compiled on 1 April 1990 and every five years thereafter), at the end insert “ , subject to subsection (2A). ”

• (3) After that subsection insert—

(2A) In the case of a billing authority in England— (a) subsection (2) does not require a list to be compiled on 1 April 2015 and on 1 April in every fifth year afterwards, and (b) a list must instead be compiled on 1 April 2017 and on 1 April in every fifth year afterwards.

• (4) In subsection (3) (list to remain in force until the next one is compiled five years later) omit “five years later”.

• (5) In subsection (7) (expiry of five year period not to detract from duty to maintain list) omit “five year”.

• (6) Section 52 of the Local Government Finance Act 1988 (central rating lists) is amended in accordance with subsections (7) to (10).

• (7) In subsection (2) (list to be compiled on 1 April 1990 and every five years thereafter), at the end insert “ , subject to subsection (2A). ”

• (8) After that subsection insert—

(2A) In the application of this section to England— (a) subsection (2) does not require a list to be compiled on 1 April 2015 and on 1 April in every fifth year afterwards, and (b) a list must instead be compiled on 1 April 2017 and on 1 April in every fifth year afterwards.

• (9) In subsection (3) (list to remain in force until the next one is compiled five years later) omit “five years later”.

• (10) In subsection (7) (expiry of five year period not to detract from duty to maintain list) omit “five year”.

Power to postpone compilation of Welsh rating lists

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employee shareholders

31

• (1) After section 205 of the Employment Rights Act 1996 insert—

(205A) (1) An individual who is or becomes an employee of a company is an “ employee shareholder ” if— (a) the company and the individual agree that the individual is to be an employee shareholder, (b) in consideration of that agreement, the company issues or allots to the individual fully paid up shares in the company, or procures the issue or allotment to the individual of fully paid up shares in its parent undertaking, which have a value, on the day of issue or allotment, of no less than £2,000, (c) the company gives the individual a written statement of the particulars of the status of employee shareholder and of the rights which attach to the shares referred to in paragraph (b) (“the employee shares”) (see subsection (5)), and (d) the individual gives no consideration other than by entering into the agreement. (2) An employee who is an employee shareholder does not have— (a) the right to make an application under section 63D (request to undertake study or training), (b) the right to make an application under section 80F (request for flexible working), (c) the right under section 94 not to be unfairly dismissed, or (d) the right under section 135 to a redundancy payment. (3) The following provisions are to be read in the case of an employee who is an employee shareholder as if for “8 weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”— (a) regulation 11 of the Maternity and Parental Leave etc. Regulations 1999 (S.I. 1999/3312) (requirement for employee to notify employer of intention to return to work during maternity leave period), and (b) regulation 25 of the Paternity and Adoption Leave Regulations 2002 (S.I. 2002/2788) (corresponding provision for adoption leave). (4) Regulation 30 of the Additional Paternity Leave Regulations 2010 (S.I. 2010/1055) (requirement for employee to notify employer of intention to return to work during additional paternity leave period) is to be read in the case of an employee who is an employee shareholder as if for “six weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”. (5) The statement referred to in subsection (1)(c) must— (a) state that, as an employee shareholder, the individual would not have the rights specified in subsection (2), (b) specify the notice periods that would apply in the individual's case as a result of subsections (3) and (4), (c) state whether any voting rights attach to the employee shares, (d) state whether the employee shares carry any rights to dividends, (e) state whether the employee shares would, if the company were wound up, confer any rights to participate in the distribution of any surplus assets, (f) if the company has more than one class of shares and any of the rights referred to in paragraphs (c) to (e) attach to the employee shares, explain how those rights differ from the equivalent rights that attach to the shares in the largest class (or next largest class if the class which includes the employee shares is the largest), (g) state whether the employee shares are redeemable and, if they are, at whose option, (h) state whether there are any restrictions on the transferability of the employee shares and, if there are, what those restrictions are, (i) state whether any of the requirements of sections 561 and 562 of the Companies Act 2006 are excluded in the case of the employee shares (existing shareholders' right of pre-emption), and (j) state whether the employee shares are subject to drag-along rights or tag-along rights and, if they are, explain the effect of the shares being so subject. (6) Agreement between a company and an individual that the individual is to become an employee shareholder is of no effect unless, before the agreement is made— (a) the individual, having been given the statement referred to in subsection (1)(c), receives advice from a relevant independent adviser as to the terms and effect of the proposed agreement, and (b) seven days have passed since the day on which the individual receives the advice. (7) Any reasonable costs incurred by the individual in obtaining the advice (whether or not the individual becomes an employee shareholder) which would, but for this subsection, have to be met by the individual are instead to be met by the company. (8) The reference in subsection (2)(b) to making an application under section 80F does not include a reference to making an application within the period of 14 days beginning with the day on which the employee shareholder returns to work from a period of parental leave under regulations under section 76. (9) The reference in subsection (2)(c) to unfair dismissal does not include a reference to a dismissal— (a) which is required to be regarded as unfair for the purposes of Part 10 by a provision (whenever made) contained in or made under this or any other Act, or (b) which amounts to a contravention of the Equality Act 2010. (10) The reference in subsection (2)(c) to the right not to be unfairly dismissed does not include a reference to that right in a case where section 108(2) (health and safety cases) applies. (11) The Secretary of State may by order amend subsection (1) so as to increase the sum for the time being specified there. (12) The Secretary of State may by regulations provide that any agreement for a company to buy back from an individual the shares referred to in subsection (1)(b) in the event that the individual ceases to be an employee shareholder or ceases to be an employee must be on terms which meet the specified requirements. (13) In this section— - “company” means— 1. a company or overseas company (within the meaning, in each case, of the Companies Act 2006) which has a share capital, or 2. a European Public Limited-Liability Company (or Societas Europaea) within the meaning of Council Regulation 2157/2001/EC of 8 October 2001 on the Statute for a European company; - “drag-along rights”, in relation to shares in a company, means the right of the holders of a majority of the shares, where they are selling their shares, to require the holders of the minority to sell theirs; - “parent undertaking” has the same meaning as in the Companies Act 2006; - “relevant independent adviser” has the meaning that it has for the purposes of section 203(3)(c); - “tag-along rights”, in relation to shares in a company, means the right of the holders of a minority of the shares to sell their shares, where the holders of the majority are selling theirs, on the same terms as those on which the holders of the majority are doing so. (14) The reference in this section to the value of shares in a company is a reference to their market value within the meaning of the Taxation of Chargeable Gains Act 1992 (see sections 272 and 273 of that Act).

• (2) After section 47F of that Act insert—

(47G) (1) An employee has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A). (2) This section does not apply if the detriment in question amounts to dismissal within the meaning of Part 10.

• (3) In section 48(1) of that Act (presentation of complaint to employment tribunal), for “or 47F” substitute “ , 47F or 47G ”.

• (4) After section 104F of that Act insert—

(104G) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).

• (5) In section 108(3) of that Act (exceptions to provision on qualifying period of employment), after paragraph (gl) insert—

(gm) section 104G applies,

.

• (6) In section 236(3) of that Act (orders and regulations subject to affirmative resolution procedure), for “or 125(7)” substitute “ , 125(7) or 205A(11) or (12) ”.

General provisions

Orders

32

• (1) Any power of the Secretary of State to make an order under this Act—

• (a) is exercisable by statutory instrument, and

• (b) includes—

• (i) power to make different provision for different purposes, and

• (ii) power to make incidental, supplementary, consequential, transitional or transitory provision or savings.

• (2) The Secretary of State may not make an order to which subsection (3) applies unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

• (3) This subsection applies to—

• (a) an order under section 7(5);

• (b) an order under section 33 which amends or repeals any provision of an Act of Parliament, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales.

• (4) A statutory instrument that—

• (a) contains an order made by the Secretary of State under this Act, and

• (b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Subsection (4) does not apply to an order under section 7(6).

• (6) Subsections (1)(b) and (4) do not apply to an order under section 35.

Consequential amendments

33

• (1) The Secretary of State may by order make such provision as the Secretary of State considers appropriate in consequence of this Act.

• (2) The power to make an order under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment.

• (3) In this section “enactment” means an enactment whenever passed or made, and includes an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales.

Financial provisions

34

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Commencement

35

• (1) Subject as follows, this Act comes into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

• (2) Section 1(1) so far as it inserts the new section 62B, sections 4, 7, 9, 16, 19, 26, 32 and 33, this section and section 36, and Schedules 2 and 4, come into force on the day on which this Act is passed.

• (3) Sections 11, 12, 17, 18, 29 and 30 come into force at the end of two months beginning with the day on which this Act is passed.

• (4) Section 21(4) to (6) come into force on such day as the Scottish Ministers may by order appoint; and different days may be appointed for different purposes.

• (5) The Scottish Ministers may by order make such transitional, transitory or saving provision as the Scottish Ministers consider appropriate in connection with the coming into force of section 21(4) to (6).

• (6) The Secretary of State may by order make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any other provision of this Act.

• (7) Power to make an order under subsection (5) or (6) includes power to make different provision for different purposes.

Short title and extent

36

• (1) This Act may be cited as the Growth and Infrastructure Act 2013.

• (2) Subject as follows, this Act extends to England and Wales only.

• (3) Sections 9(4) and 32 to 35, and this section, extend also to Scotland and Northern Ireland.

• (4) Any amendment or repeal made by this Act has the same extent as the provision to which it relates, subject to subsection (5).

• (5) Section 25(1) to (6) and (10) extend to England and Wales, and Scotland, only.

• (6) The power under section 411(6) of the Communications Act 2003 may be exercised so as to extend the amendment made by section 9(1) to any of the Channel Islands or the Isle of Man.

SCHEDULE 1

Town and Country Planning Act 1990 (c. 8)

1

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

2

• (1) In section 2A (Mayor of London: applications of strategic importance) after subsection (1A) insert—

(1B) Where this section applies to an application for planning permission made to the Secretary of State under section 62A, the Mayor of London may direct— (a) that the application is to be treated as having been made to the local planning authority (and not to the Secretary of State under section 62A), and (b) that the Mayor of London is to be the local planning authority for the purposes of determining the application.

• (2) In consequence—

• (a) in section 2A(2) after “(1)” insert “ or (1B) ”, and

• (b) in section 2C(1) after “to whom the original application was made” insert “ or to whom the original application would have been made had it not been made to the Secretary of State under section 62A ”.

3

In section 58(1)(b) (planning permission may be granted on application to local planning authority) after “on application to the authority” insert “ (or, in the cases provided in this Part, on application to the Secretary of State) ”.

4

In section 59(2)(b) (development order may provide for planning permission to be granted on application to local planning authority) after “on application to the authority” insert “ (or, in the cases provided in the following provisions, on application to the Secretary of State) ”.

5

After section 76B insert—

(76C) (1) Sections 62(3) and (4), 65(5), 70 to 70C, 72(1) and (5) and 73A apply, with any necessary modifications, to an application for planning permission made to the Secretary of State under section 62A as they apply to an application for planning permission which is to be determined by the local planning authority. (2) Any requirements imposed by a development order by virtue of section 62, 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for planning permission made to the Secretary of State under section 62A. (3) Where an application is made to the Secretary of State under section 62A(3) instead of to the authority to whom it would otherwise have been made, a development order may apply, with or without modifications, to the application any enactment that relates to applications of that kind when made to that authority. (76D) (1) An application made to the Secretary of State under section 62A (“a direct application”) is to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State, subject to section 76E. (2) Where a person has been appointed under subsection (1) or this subsection to determine a direct application then, at any time before the person has determined the application, the Secretary of State may— (a) revoke the person's appointment; and (b) appoint another person to determine the application instead. (3) A person appointed under this section to determine an application for planning permission made to the Secretary of State under section 62A has the same powers and duties that the Secretary of State has under section 76C. (4) Where a direct application is determined by a person appointed under this section, the person's decision is to be treated as that of the Secretary of State. (5) Except as provided by Part 12, the validity of that decision is not to be questioned in any proceedings whatsoever. (6) It is not a ground of application to the High Court under section 288 that a direct application ought to have been determined by the Secretary of State and not by a person appointed under this section unless the applicant challenges the person's power to determine the direct application before the person's decision on the direct application is given. (7) Where any enactment (other than this section and section 319A)— (a) refers (or is to be read as referring) to the Secretary of State in a context relating to or capable of relating to an application made under section 62A (otherwise than by referring to the application having been made to the Secretary of State), or (b) refers (or is to be read as referring) to anything (other than the making of the application) done or authorised or required to be done by, to or before the Secretary of State in connection with any such application, then, so far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under this section, as if the reference to the Secretary of State were or included a reference to that person. (76E) (1) The Secretary of State may direct that an application made to the Secretary of State under section 62A (“a direct application”) is to be determined by the Secretary of State instead of by a person appointed under section 76D. (2) Where a direction is given under subsection (1), the Secretary of State must serve a copy of the direction on— (a) the person, if any, appointed under section 76D to determine the application concerned, (b) the applicant, and (c) the local planning authority. (3) Where a direct application is to be determined by the Secretary of State in consequence of a direction under subsection (1)— (a) in determining the application, the Secretary of State may take into account any report made to the Secretary of State by any person previously appointed to determine the application, and (b) subject to that, the provisions of the planning Acts which are relevant to the application apply to it as if section 76D had never applied to it. (4) The Secretary of State may by a further direction revoke a direction under subsection (1) at any time before the determination of the direct application concerned. (5) Where a direction is given under subsection (4), the Secretary of State must serve a copy of the direction on— (a) the person, if any, previously appointed under section 76D to determine the application concerned, (b) the applicant, and (c) the local planning authority. (6) Where a direction is given under subsection (4) in relation to a direct application— (a) anything done by or on behalf of the Secretary of State in connection with the application which might have been done by a person appointed under section 76D to determine the application is, unless the person appointed under section 76D to determine the application directs otherwise, to be treated as having been done by that person, and (b) subject to that, section 76D applies to the application as if no direction under subsection (1) had been given in relation to the application.

6

In section 70A(2) (power to decline to determine planning application where Secretary of State has refused similar application in previous two years) after “has refused a similar application” insert “ made to the Secretary of State under section 62A or ”.

7

In section 70B(3) (power to decline to determine planning application where Secretary of State currently considering similar application) after “in pursuance of section” insert “ 62A, ”.

8

In section 78(2) (right to appeal where local planning authority has taken none of the listed steps in relation to an application) after “made such an application” insert “ to the local planning authority ”.

9

In section 284(3) (actions which may be questioned in legal proceedings only so far as provided by Part 12 of the 1990 Act) before paragraph (za) insert—

(ya) any decision on an application made to the Secretary of State under section 62A;

.

10

In section 303 (fees for planning applications etc) as substituted by section 199 of the Planning Act 2008, after subsection (1) insert—

(1A) The Secretary of State may by regulations make provision for the payment of a fee to the Secretary of State in respect of— (a) any application made to the Secretary of State under section 62A; (b) the giving of advice about applying under section 62A for any permission, approval or consent or for anything else for which an application may be made under that section.

11

In section 319A(7) (proceedings for which Secretary of State must determine the procedure) before paragraph (a) insert—

(za) an application made to the Secretary of State under section 62A;

.

Planning and Compulsory Purchase Act 2004 (c. 5)

12

In section 59(2) of the Planning and Compulsory Purchase Act 2004 (correctable errors: meaning of “inspector”) after “to determine appeals instead of the Secretary of State” insert “ or appointed under section 76D of the principal Act to determine applications instead of the Secretary of State ”.

SCHEDULE 2

1

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

2

In section 5(3) (provisions for the purposes of which the Broads Authority is the sole district planning authority for the Broads) for “106B” substitute “ 106BC ”.

3

• (1) Section 106 (planning obligations) is amended as follows.

• (2) In subsection (1) (which defines “planning obligation” for the purposes of that section and sections 106A and 106B) for “and 106B” substitute “ to 106C ”.

• (3) In subsection (12) (sections 106 to 106B to be subject to regulations for charging on land of sums payable in connection with planning obligations) for “and 106B” substitute “ to 106BC ”.

4

• (1) Section 106A (modification and discharge of planning obligations) is amended as follows.

• (2) In subsection (1) (planning obligation to be modified or discharged by agreement or in accordance with sections 106A and 106B)—

• (a) after “in accordance with” insert “ —(i) ”, and

• (b) after “section 106B” insert

, or (ii) sections 106BA and 106BC.

• (3) In subsection (8) (effect of determination that planning obligation is to have effect subject to modifications), after “determine” insert “ under this section ”.

5

• (1) Section 106B (appeals in relation to applications under section 106A) is amended as follows.

• (2) In the heading, after “Appeals” insert “ in relation to applications under section 106A ”.

• (3) In subsection (1)(b) (application of section) after “determine” insert “ under section 106A ”.

6

• (1) Section 106C (legal challenges relating to development consent obligations) is amended as follows.

• (2) In subsection (1) (challenges to Secretary of State's failure to give notice under section 106A(7)), after “106A(7)” in both places insert “ or 106BA(9) ”.

• (3) After subsection (1) insert—

(1A) If no period is prescribed under section 106BA(9), the period of 6 weeks referred to in subsection (1)(b) that applies in relation to proceedings for failure to give notice as mentioned in subsection (9) of section 106BA begins with the expiry of the period mentioned in that subsection that applies in the applicant's case.

• (4) In subsection (2) (challenges to Secretary of State's determination that planning obligation is to continue to have effect without modification), in paragraph (b), after “106A(7)” insert “ or 106BA(9) ”.

• (5) After subsection (2) insert—

(3) A court may entertain proceedings for questioning a determination by the Secretary of State on an application under section 106BA that a planning obligation shall be modified otherwise than in accordance with the application only if— (a) the proceedings are brought by a claim for judicial review, and (b) the claim form is filed during the period of 6 weeks beginning with the day on which notice of the determination is given under section 106BA(9).

7

In section 319A (determination by Secretary of State of procedure by which certain types of proceedings are to be considered), in subsection (7) (proceedings to which the section applies), after paragraph (b) insert—

(ba) an appeal under section 106BC (appeals in relation to applications for modification or discharge of affordable housing requirements);

.

8

• (1) Section 333 (regulations and orders) is amended as follows.

• (2) In subsection (4) (power to make orders under Act exercisable by statutory instrument), after “87,” insert “ 106BA(14), ”.

• (3) After subsection (5) insert—

(5ZA) No order may be made under section 106BA(14) unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

9

• (1) Schedule 6 (determination of certain appeals by person appointed by Secretary of State) is amended as follows.

• (2) In paragraph 1—

• (a) in sub-paragraph (1) (power of Secretary of State to prescribe classes of appeals under specified provisions to be determined by person appointed), after “106B,” insert “ 106BC, ”, and

• (b) after sub-paragraph (2) insert—

(2A) If no classes of appeals under section 106BC are prescribed by regulations under sub-paragraph (1), all appeals under that section are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.

• (3) In paragraph 2(1)(aa) (person appointed in relation to appeals under section 106B to have the same powers and duties as Secretary of State under that section), after “106B” insert “ or 106BC ”.

10

In Part 1 of Schedule 16 (provisions of the Planning Acts to which sections 314 to 319 apply), in the entry for Sections 106 to 106B, for “106B” substitute “ 106BC ”.

SCHEDULE 3

1

Schedule 14 to the Environment Act 1995 (periodic review of mineral planning permissions) is amended as follows.

2

Before paragraph 1 insert—

(A1) The mineral planning authority for an area in England may, in accordance with the provisions of this Schedule, cause one or more periodic reviews to be carried out of the mineral permissions relating to a mining site.

3

In paragraph 1 (duty to carry out periodic reviews), after “The mineral planning authority” insert “ for an area in Wales ”.

4

In paragraph 2(1) (interpretation), for the definition of “first review date” substitute—

“first review date”— (a) in relation to a mineral planning authority for an area in England, has the meaning given by paragraph 2A below, and (b) in relation to a mineral planning authority for an area in Wales, has the meaning given by paragraph 2B below;

.

5

After paragraph 2 insert—

(2A) (1) In the application of this Schedule in relation to a mineral planning authority for an area in England, “first review date” means the date set by the authority in accordance with sub-paragraph (2) below as the first review date for the purposes of the first periodic review of the mineral permissions relating to a mining site. (2) That date may not be earlier than the relevant date found under paragraph 3 below in relation to the site. (3) This paragraph is subject to paragraphs 3A and 5 below (power to specify different relevant date, and postponement of first review date). (2B) (1) In the application of this Schedule in relation to a mineral planning authority for an area in Wales, “first review date” in relation to a mining site means the relevant date found under paragraph 3 below in relation to the site. (2) This paragraph is subject to paragraphs 3A and 5 below (power to specify different relevant date, and postponement of first review date).

6

• (1) Paragraph 3 (the first review date) is amended as follows.

• (2) Before sub-paragraph (1) insert—

(A1) This paragraph has effect for the purposes of paragraphs 2A and 2B above.

• (3) For “first review date” in each place substitute “ relevant date ”.

• (4) For the italic heading immediately before that paragraph substitute “ The relevant date for the purposes of a first periodic review ”.

7

In paragraph 3A (power to specify a first review date by order), for “first review date” in each place substitute “ relevant date ”.

8

• (1) Paragraph 4 (service of notice of first periodic review) is amended as follows.

• (2) Before sub-paragraph (1) insert—

(A1) This paragraph applies— (a) where a mineral planning authority for an area in England determines that it will carry out a periodic review of the mineral permissions relating to a mining site, and that periodic review is the first periodic review of the permissions relating to that site, and (b) in relation to the first periodic review by a mineral planning authority for an area in Wales of the mineral permissions relating to a mining site.

• (3) In sub-paragraph (1)—

• (a) omit “of the mineral permissions relating to a mining site”, and

• (b) for “that site” substitute “ the site to which the review relates ”.

9

• (1) Paragraph 12 (second and subsequent periodic reviews) is amended as follows.

• (2) Before sub-paragraph (1) insert—

(A1) This paragraph applies— (a) where a mineral planning authority for an area in England determines that it will carry out a periodic review of the mineral permissions relating to a mining site, and that periodic review is the second or a subsequent periodic review of the permissions relating to that site, and (b) in relation to the second or any subsequent periodic review by a mineral planning authority for an area in Wales of the mineral permissions relating to a mining site. (A2) In the application of this paragraph in relation to a mineral planning authority for an area in England “the review date” means the date set by the authority as the review date for the purposes of the periodic review. (A3) That date may not be earlier than the relevant date found under sub-paragraph (1) below in relation to the site. (A4) In the application of this paragraph in relation to a mineral planning authority for an area in Wales “the review date” means the relevant date found under sub-paragraph (1) below in relation to the site.

• (3) In sub-paragraph (1), for “ “review date”” substitute “relevant date” .

• (4) In sub-paragraph (2)—

• (a) omit the “and” at the end of paragraph (a), and

• (b) at the end of paragraph (b) insert

, and (c) paragraph 4(A1) were omitted.

SCHEDULE 4

In the Commons Act 2006, after Schedule 1 insert—

Option to make planning application directly to Secretary of State

Compulsory purchase inquiries: costs

Local development orders: repeal of pre-adoption intervention powers

Limits on power to require information with planning applications

Stopping up and diversion of public paths

Declarations negativing intention to dedicate way as highway

Registration of town or village green: reduction of section 15(3)(c) period

Registration of town or village green: statement by owner

Applications to amend registers: modification of power to provide for fees

Variation and replacement of pre-Planning Act 2008 consents

Special parliamentary procedure in cases under the Planning Act 2008

Modifications of special parliamentary procedure in certain cases

Bringing business and commercial projects within Planning Act 2008 regime

Authorisation of road user charging under Planning Act 2008

Power to postpone compilation of Welsh rating lists

Orders

Town and Country Planning Act 1990 (c. 8)

Planning and Compulsory Purchase Act 2004 (c. 5)

In the Commons Act 2006, after Schedule 1 insert—

Editorial notes