Levelling-up and Regeneration Act 2023

(85A) (1) Paragraph (2) applies where— (a) a competent authority makes a relevant decision, (b) the potential development includes development in England, (c) the competent authority is required to make a relevant assessment before the decision is made, (d) waste water from any potential development would be dealt with by a plant in England that, at the time of the decision, is— (i) a nitrogen significant plant, or (ii) a phosphorus significant plant, and (e) the decision is made— (i) where the plant is a non-catchment permitting area plant, before the upgrade date, or (ii) where the plant is a catchment permitting area plant, before the applicable date. (2) In making the relevant assessment, the competent authority must assume— (a) in a case within paragraph (1)(d)(i) and (e)(i), that the plant will meet the nitrogen nutrient pollution standard on and after the upgrade date; (b) in a case within paragraph (1)(d)(ii) and (e)(i), that the plant will meet the phosphorus nutrient pollution standard on and after the upgrade date; (c) in a case within paragraph (1)(d)(i) and (e)(ii), that the plant will meet the nitrogen nutrient pollution standard on and after the applicable date; (d) in a case within paragraph (1)(d)(ii) and (e)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the applicable date. (3) Paragraph (2)— (a) is subject to regulation 85C (direction that assumptions are not to apply), and (b) does not prevent the competent authority, in making a relevant assessment, from having regard to outperformance, or expected outperformance, by a plant that is a non-catchment permitting area plant. (4) In paragraph (1) “relevant decision” means— (a) where any of the following provides that the assessment provisions apply in relation to doing a thing, the decision whether or not to do it— (i) regulation 70 (grant of planning permission), (ii) regulation 79 (special development orders), (iii) regulation 80 (local development orders), (iv) regulation 81 (neighbourhood development orders), (v) regulation 82 (simplified planning zones), or (vi) regulation 83 (enterprise zones), or (b) where any of the following provides that the review provisions apply in relation to a matter, a decision under regulation 65(1)(b) on a review of the matter— (i) regulation 71 (planning permission: duty to review), (ii) regulation 79 (special development orders), (iii) regulation 80 (local development orders), (iv) regulation 81 (neighbourhood development orders), (v) regulation 82 (simplified planning zones), or (vi) regulation 83 (enterprise zones); but this does not apply to a matter mentioned in regulation 71(4) (any review of which would be conducted in accordance with another Chapter). (5) In paragraph (1) “potential development”, in relation to a relevant decision, means development— (a) that could be carried out by virtue of the planning permission, development order or scheme to which the decision relates, or (b) to which the decision otherwise relates. (6) In this regulation “relevant assessment” means— (a) where the assessment provisions apply and an appropriate assessment of the implications of the plan or project for a site is required by regulation 63(1), that assessment; (b) where the review provisions apply and an appropriate assessment is required by regulation 65(2), that assessment. (85B) (1) This regulation applies where— (a) a local planning authority (within the meaning given by regulation 78(1)) makes a decision on an application under regulation 77 (general development orders: approval of local planning authority) for approval as mentioned in regulation 75 relating to proposed development in England, (b) the authority is required by regulation 77(6) to make an appropriate assessment of the implications of the proposed development, (c) any waste water from the proposed development would be dealt with by a plant in England that, at the time of the decision, is— (i) a nitrogen significant plant, or (ii) a phosphorus significant plant, and (d) the decision is made— (i) where the plant is a non-catchment permitting area plant, before the upgrade date, or (ii) where the plant is a catchment permitting area plant, before the applicable date. (2) In making the relevant assessment the local planning authority must assume— (a) in a case within paragraph (1)(c)(i)and (d)(i), that the plant will meet the nitrogen nutrient pollution standard on and after the upgrade date; (b) in a case within paragraph (1)(c)(ii) and (d)(i), that the plant will meet the phosphorus nutrient pollution standard on and after the upgrade date; (c) in a case within paragraph (1)(c)(i)and (d)(ii), that the plant will meet the nitrogen nutrient pollution standard on and after the applicable date; (d) in a case within paragraph (1)(c)(ii) and (d)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the applicable date. (3) Paragraph (2)— (a) is subject to regulation 85C (direction that assumptions are not to apply), and (b) does not prevent the local planning authority, in making a relevant assessment, from having regard to any outperformance, or expected outperformance, by a plant that is a non-catchment permitting area plant. (85C) (1) The assumptions in regulations 85A(2) and 85B(2) do not apply in relation to a particular plant and a particular nutrient pollution standard if the Secretary of State so directs. (2) A direction under this regulation may be made in relation to a plant and a standard only if the Secretary of State is satisfied— (a) where the plant is a non-catchment permitting area plant, that the plant will not be able to meet the standard by the upgrade date; (b) where the plant is a catchment permitting area plant— (i) that the plant will not be able to meet the standard by the applicable date, or (ii) that the first effect described in paragraph (4) will, on the applicable date, be more significant than the second effect described in that paragraph. (3) The Secretary of State may revoke a direction under this regulation if satisfied— (a) where the plant is a non-catchment permitting area plant, that the plant will meet the standard by the upgrade date; (b) where the plant is a catchment permitting area plant— (i) that the plant will meet the standard by the applicable date, or (ii) that the first effect described in paragraph (4) will, on the applicable date, be the same or less significant than the second effect described in that paragraph. (4) For the purposes of paragraphs (2)(b) and (3)(b)— (a) the “first effect” is the overall effect on the habitats site associated with the catchment permitting area of nutrients in treated effluent discharged by all plants that discharge into the area; (b) the “second effect” is the overall effect on the site of nutrients in treated effluent that would be discharged by all plants that discharge into the area if— (i) the upgrade date that applied to nutrient significant plants that discharge into the area was the same as the applicable date, (ii) the standard concentration (of nutrients) applied to those nutrient significant plants, and (iii) those nutrient significant plants were (on that basis) meeting the nutrient pollution standard on the applicable date. (5) In deciding whether to make a direction under this regulation in relation to a plant and a standard, the Secretary of State may, in particular, have regard— (a) where the plant is a non-catchment permitting area plant, to when the plant can be expected to meet the standard; (b) where the plant is a catchment permitting area plant, to when— (i) the plant can be expected to meet the standard, and (ii) the sewerage undertaker for the plant can be expected to be in compliance with conditions in the environmental permit for the plant imposed in pursuance of section 96G(3)(b) of the Water Industry Act 1991. (6) Before making or revoking a direction under this regulation, the Secretary of State must consult— (a) the Environment Agency, (b) Natural England, (c) the Water Services Regulation Authority, (d) any local planning authority who it appears to the Secretary of State would be affected by the direction or revocation, (e) the sewerage undertaker whose sewerage system includes the plant, and (f) any other persons that the Secretary of State considers appropriate. (7) A direction or revocation under this regulation— (a) is to be made in writing, and (b) takes effect— (i) on the day specified in the direction or revocation, or (ii) if none is specified, on the day on which it is made. (8) As soon as practicable after making or revoking a direction under this regulation, the Secretary of State must— (a) notify— (i) the Environment Agency, (ii) Natural England, (iii) every local planning authority who appears to the Secretary of State to be affected by the direction or revocation, and (iv) any other persons that the Secretary of State considers appropriate, and (b) publish the direction or revocation. (85D) (1) In regulations 85A to 85C and this regulation, the following terms have the meanings given by section 96L of the Water Industry Act 1991— - “catchment permitting area”; - “environmental permit”; - “habitats site”; - “nitrogen significant plant”; - “nitrogen nutrient pollution standard”; - “nutrient pollution standard”; - “nutrient significant plant”; - “phosphorus significant plant”; - “phosphorus nutrient pollution standard”; - “plant”; - “sensitive catchment area”; - “sewerage system”, in relation to a sewerage undertaker; - “standard concentration”; - “treated effluent”; - “upgrade date”. (2) In regulations 85A to 85C and this regulation— - “catchment permitting area plant” means a nutrient significant plant that discharges (or will discharge) treated effluent into a catchment permitting area; - “non-catchment permitting area plant” means a nutrient significant plant that discharges (or will discharge) treated effluent into a sensitive catchment area other than a catchment permitting area. (3) For the purposes of regulations 85A and 85B, “outperformance” by a plant, which is a non-catchment permitting area plant and in relation to a nutrient pollution standard, occurs where— (a) the plant meets the standard before the upgrade date, or (b) the total nitrogen concentration (in the case of a nitrogen significant plant), or total phosphorus concentration (in the case of a phosphorus significant plant), in treated effluent that it discharges is less than the concentration specified in section 96F(1)(a)(i) or (2)(a)(i), under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11) (as the case may be) of the Water Industry Act 1991 that applies to the plant. (4) For the purposes of regulations 85A and 85B, the “applicable date”, in relation to a catchment permitting area, is to be determined in accordance with section 96G(6)(a) of the Water Industry Act 1991. (5) For the purposes of regulation 85C(4)— (a) a habitats site is “associated” with a catchment permitting area if water released into the area would drain into the site; (b) “nutrients”— (i) in relation to an area designated under section 96C(1) of the Water Industry Act 1991, means nutrients comprising nitrogen or compounds of nitrogen; (ii) in relation to an area designated under section 96C(2) of that Act, means nutrients comprising phosphorus or compounds of phosphorus.

Part 3 — Land use plans

12

Chapter 8 of Part 6 (assessment of plans and projects: land use plans) is amended as follows.

13

In regulation 105 (assessment of implications for European sites and European offshore marine sites), after paragraph (6) insert—

(7) See regulation 110A for the assumptions about nutrient pollution standards to be made in certain circumstances.

14

In regulation 106 (assessment of implications for European site: neighbourhood development plans), after paragraph (3) insert—

(3A) See regulation 110A for the assumptions about nutrient pollution standards to be made in certain circumstances.

15

In regulation 110 (national policy statements), in paragraph (3)(a), for “and 108” substitute “, 108 and 110A”.

16

After regulation 110 insert—

(110A) (1) This regulation applies where— (a) a plan-making authority makes a relevant decision in relation to a land use plan relating to an area in England, (b) the authority is required to make a relevant assessment before the decision is made, (c) waste water from the area to which the plan relates could be dealt with by a plant in England that, at the time of the decision, is— (i) a nitrogen significant plant, or (ii) a phosphorus significant plant, and (d) the decision is made— (i) where the plant is a non-catchment permitting area plant, before the upgrade date, or (ii) where the plant is a catchment permitting area plant, before the applicable date. (2) In making the relevant assessment, the authority must assume— (a) in a case within paragraph (1)(c)(i)and (d)(i), that the plant will meet the nitrogen nutrient pollution standard on and after the upgrade date; (b) in a case within paragraph (1)(c)(ii) and (d)(i), that the plant will meet the phosphorus nutrient pollution standard on and after the upgrade date; (c) in a case within paragraph (1)(c)(i) and (d)(ii), that the plant will meet the nitrogen nutrient pollution standard on and after the applicable date; (d) in a case within paragraph (1)(c)(ii) and (d)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the applicable date. (3) Paragraph (2)— (a) is subject to regulation 110B (direction that assumptions are not to apply), and (b) does not prevent the authority, in making a relevant assessment, from having regard to any outperformance, or expected outperformance, by a plant that is a non-catchment permitting area plant. (4) In paragraph (1) “relevant decision” means— (a) a decision whether to give effect to a land use plan, or (b) a decision whether to modify or revoke a neighbourhood development plan. (5) In this regulation “relevant assessment”, in relation to a land use plan, means— (a) in relation to a decision within paragraph (4)(a), where an appropriate assessment of the implications for a site of the land use plan is required by regulation 105(1), that assessment; (b) in relation to a decision within paragraph (4)(b), where such an assessment is required by regulation 105(1) as applied by regulation 106(3), that assessment. (110B) (1) The assumptions in regulation 110A(2) do not apply in relation to a particular plant and a particular nutrient pollution standard if the Secretary of State so directs. (2) A direction under this regulation may be made in relation to a plant and a standard only if the Secretary of State is satisfied— (a) where the plant is a non-catchment permitting area plant, that the plant will not be able to meet the standard by the upgrade date; (b) where the plant is a catchment permitting area plant— (i) that the plant will not be able to meet the standard by the applicable date, or (ii) that the first effect described in paragraph (4) will, on the applicable date, be more significant than the second effect described in that paragraph. (3) The Secretary of State may revoke a direction under this regulation if satisfied— (a) where the plant is a non-catchment permitting area plant, that the plant will meet the standard by the upgrade date; (b) where the plant is a catchment permitting area plant— (i) that the plant will meet the standard by the applicable date, or (ii) that the first effect described in paragraph (4) will, on the applicable date, be the same or less significant than the second effect described in that paragraph. (4) For the purposes of paragraphs (2)(b) and (3)(b)— (a) the “first effect” is the overall effect on the habitats site associated with the catchment permitting area of nutrients in treated effluent discharged by all plants that discharge into the area; (b) the “second effect” is the overall effect on the site of nutrients in treated effluent that would be discharged by all plants that discharge into the area if— (i) the upgrade date that applied to nutrient significant plants that discharge into the area was the same as the applicable date, (ii) the standard concentration (of nutrients) applied to those nutrient significant plants, and (iii) those nutrient significant plants were (on that basis) meeting the nutrient pollution standard on the applicable date. (5) In deciding whether to make a direction under this regulation in relation to a plant and a standard, the Secretary of State may, in particular, have regard— (a) where the plant is a non-catchment permitting area plant, to when the plant can be expected to meet the standard; (b) where the plant is a catchment permitting area plant, to when— (i) the plant can be expected to meet the standard, and (ii) the sewerage undertaker for the plant can be expected to be in compliance with conditions in the environmental permit for the plant imposed in pursuance of section 96G(3)(b) of the Water Industry Act 1991. (6) Before making or revoking a direction under this regulation, the Secretary of State must consult— (a) the Environment Agency, (b) Natural England, (c) the Water Services Regulation Authority, (d) any plan-making authority who it appears to the Secretary of State would be affected by the direction or revocation, (e) the sewerage undertaker whose sewerage system includes the plant, and (f) any other persons that the Secretary of State considers appropriate. (7) A direction or revocation under this regulation— (a) is to be made in writing, and (b) takes effect— (i) on the day specified in the direction or revocation, or (ii) if none is specified, on the day on which it is made. (8) As soon as practicable after making or revoking a direction under this regulation, the Secretary of State must— (a) notify— (i) the Environment Agency, (ii) Natural England, (iii) every plan-making authority who appears to the Secretary of State to be affected by the direction or revocation, and (iv) any other persons that the Secretary of State considers appropriate, and (b) publish the direction or revocation. (110C) (1) In regulations 110A and 110B and this regulation, the following terms have the meanings given by section 96L of the Water Industry Act 1991— - “catchment permitting area”; - “environmental permit”; - “habitats site”; - “nitrogen significant plant”; - “nitrogen nutrient pollution standard”; - “nutrient pollution standard”; - “nutrient significant plant”; - “phosphorus significant plant”; - “phosphorus nutrient pollution standard”; - “plant”; - “sensitive catchment area”; - “sewerage system”, in relation to a sewerage undertaker; - “standard concentration”; - “treated effluent”; - “upgrade date”. (2) In regulations 110A and 110B and this regulation— - “catchment permitting area plant” means a nutrient significant plant that discharges (or will discharge) treated effluent into a catchment permitting area; - “non-catchment permitting area plant” means a nutrient significant plant that discharges (or will discharge) treated effluent into a sensitive catchment area other than a catchment permitting area. (3) For the purposes of regulation 110A, “outperformance” by a plant, which is a non-catchment permitting area plant and in relation to a nutrient pollution standard, occurs where— (a) the plant meets the standard before the upgrade date, or (b) the total nitrogen concentration (in the case of a nitrogen significant plant), or total phosphorus concentration (in the case of a phosphorus significant plant), in treated effluent that it discharges is less than the concentration specified in section 96F(1)(a)(i) or (2)(a)(i), under section 96C(6)(e) or 96D(5) or by virtue of regulations made under section 96D(11) (as the case may be) of the Water Industry Act 1991 that applies to the plant. (4) For the purposes of regulations 110A and 110B, the “applicable date”, in relation to a catchment permitting area, is to be determined in accordance with section 96G(6)(a) of the Water Industry Act 1991. (5) For the purposes of regulation 110B(4)— (a) a habitats site is “associated” with a catchment permitting area if water released into the area would drain into the site; (b) “nutrients”— (i) in relation to an area designated under section 96C(2) of the Water Industry Act 1991, means nutrients comprising nitrogen or compounds of nitrogen; (ii) in relation to an area designated under section 96C(3) of that Act, means nutrients comprising phosphorus or compounds of phosphorus.

Schedule 16 — Locally-led development corporations: minor and consequential amendments

Local Government, Planning and Land Act 1980 (c. 65)

1

The Local Government, Planning and Land Act 1980 is amended as follows.

2

• (1) Section 134 (urban development areas) is amended as follows.

• (2) In subsection (1)—

• (a) for “the Secretary of State” substitute “the appropriate national authority”;

• (b) for “he” substitute “the authority”.

• (3) In subsection (3A), for “The Secretary of State” substitute “The appropriate national authority”.

• (4) In subsection (3B), for “the Secretary of State” substitute “the appropriate national authority”.

• (5) After subsection (3B) insert—

(3C) The Secretary of State may not make an order under subsection (3A) in relation to an urban development area designated under subsection (1B) except with the consent of the oversight authority.

• (6) In subsection (4), after “(1)” insert “or (1B)”.

• (7) In subsection (4A), after “(1)” insert “or (1B)”.

• (8) In subsection (4B), omit “(by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006)”.

• (9) In subsection (4C), omit “(by virtue of section 53 of the Scotland Act 1998)”.

• (10) In subsection (5)—

• (a) omit paragraph (a);

• (b) in paragraph (b), for “the Secretary of State” substitute “the appropriate national authority”.

• (11) After subsection (5) insert—

(6) An order under subsection (3A)— (a) in the case of an order made by the Secretary of State, is to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; (b) in the case of an order made by the Welsh Ministers, is to be made by statutory instrument subject to annulment in pursuance of a resolution of Senedd Cymru; (c) in the case of an order made by the Scottish Ministers, is subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). (7) In this section, “the appropriate national authority” means— (a) the Secretary of State in relation to England; (b) the Welsh Ministers in relation to Wales; (c) the Scottish Ministers in relation to Scotland.

3

• (1) Section 135 (urban development corporations) is amended as follows.

• (2) In subsection (2), after “134(1)” insert “or (1B)”.

• (3) At the end insert—

(7) In this section “local authority” has the same meaning as in section 134A (see subsection (10) of that section).

4

In section 140 (consultation with local authorities), in subsection (1), after “corporation” insert “, other than a locally-led urban development corporation,”.

5

• (1) Section 171 (interpretation: general) is amended as follows.

• (2) After the definition of “the 1997 Act” insert—

• “locally-led urban development area” means an urban development area that was designated by order under section 134(1B);
• “locally-led urban development corporation” means the urban development corporation for a locally-led urban development area;
• “oversight authority”, in relation to a locally-led urban development corporation or locally-led urban development area, means the local authority or local authorities designated in relation to that corporation, or the corporation for that area, under section 135(4B)(c) (but, in relation to a particular function, means only the local authority or local authorities by whom the function is exercisable);

• (3) In the definition of “urban development area”, after “(1)” insert “or (1B)”.

New Towns Act 1981 (c. 64)

6

The New Towns Act 1981 is amended as follows.

7

• (1) Section 1A (local authority to oversee development of new town) is amended as follows.

• (2) For the heading substitute “Oversight of locally-led new town”.

• (3) Omit subsections (1), (2) and (3).

• (4) In subsection (4)—

• (a) for “a local authority” substitute “an oversight authority”;

• (b) after “as a” insert “locally-led”.

• (5) In subsection (5)—

• (a) in paragraphs (a), (b) and (c), for “a local authority” substitute “an oversight authority”;

• (b) in paragraph (d), for the words from “corporation”, in the first place it occurs, to the end substitute “locally-led development corporation”.

• (6) Omit—

• (a) subsection (7);

• (b) in subsection (8)—

• (i) the definition of “local authority”;

• (ii) paragraph (a) of the definition of “specified”.

8

In section 2 (reduction of designated areas), after subsection (1) insert—

(1A) The Secretary of State may not make an order under subsection (1) in relation to the area of a new town designated under section 1ZB except with the consent of the oversight authority.

9

• (1) Section 80 (general interpretation provisions) is amended as follows.

• (2) In subsection (1)—

• (a) after the definition of “local highway authority” insert—

• “locally-led development corporation” means a development corporation established for the purposes of a locally-led new town;
• “locally-led new town” means a new town the site of which was designated under section 1ZB;

• (b) after the definition of “open space” insert—

• “oversight authority”, in relation to a locally-led development corporation or locally-led new town, means the local authority or local authorities designated in relation to that corporation, or the corporation for that new town, under section 3(2C)(c) (but, in relation to a particular function, means only the local authority or local authorities by whom the function is exercisable);

• (3) In subsection (2), after “section 1” insert “or 1ZB”.

Schedule 17 — Planning functions of development corporations: minor and consequential amendments

New Towns Act 1981 (c. 64)

1

• (1) The New Towns Act 1981 is amended as follows.

• (2) In the heading of section 7 (planning control), after “control” insert “: proposals given effect by development order”.

• (3) In section 77 (regulations and orders), after subsection (3D) (inserted by section 172) insert—

(3E) A statutory instrument, other than one to which subsection (3B) applies, containing an order under section 7A is subject to annulment in pursuance of a resolution of either House of Parliament.

Town and Country Planning Act 1990 (c. 8)

2

• (1) TCPA 1990 is amended as follows.

• (2) In section 7 (urban development corporation as local planning authority), after subsection (2) insert—

(3) This section is subject to section 8A.

• (3) After section 7 insert—

(7ZA) (1) This section applies where an order is made under section 7A(2)(a) or (4)(a) of the New Towns Act 1981 (powers to confer functions under the planning Acts) in respect of a development corporation established under section 3 of that Act. (2) If the order is made under section 7A(2)(a), the corporation is the local planning authority for the specified area, for the specified purposes and in relation to the specified kinds of development, in place of the authority which would otherwise be the local planning authority for that area. (3) If the order is made under section 7A(4)(a), the corporation has the functions under the specified enactments in the specified area, in place of any authority (except the Secretary of State) which would otherwise have them in that area. (4) In this section “specified” means specified in the order. (5) This section is subject to section 8A.

• (4) In section 7A (Mayoral development corporation as local planning authority), after subsection (5) insert—

(6) This section is subject to section 8A.

• (5) In section 62B(5) (planning authorities that cannot be designated for the purposes of allowing direct planning applications to the Secretary of State), after paragraph (c) insert—

(ca) a development corporation established under section 3 of the New Towns Act 1981;

• (6) In section 70(4) (definitions relating to local finance considerations to be taken into account in planning decisions), in the definition of “relevant authority”, after paragraph (e) insert—

(ea) a development corporation established under section 3 of the New Towns Act 1981;

• (7) In paragraph 5 of Schedule 1 (local highway authority restrictions on grant of planning permission)—

• (a) in sub-paragraph (2), for the words from “is to be”, where they first occur, to “2011,” substitute “does not include a development corporation planning authority;”;

• (b) in sub-paragraph (3), for the words from “an” to “local planning authority”, in the second place it occurs, substitute “a development corporation planning authority”;

• (c) after sub-paragraph (3) insert—

(4) In this paragraph, “development corporation planning authority” means— (a) an urban development corporation which is the local planning authority by virtue of an order under section 149 of the Local Government, Planning and Land Act 1980, (b) a development corporation established under section 3 of the New Towns Act 1981 which is the local planning authority by virtue of an order under section 7A of that Act, or (c) a Mayoral development corporation which is the local planning authority by virtue of an order under section 198(2) of the Localism Act 2011.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

3

In Schedule 4 to the Listed Buildings Act (authorities exercising functions under the Act)—

• (a) in paragraph 2—

• (i) after “7”, where it first occurs, insert “, 7ZA, 7A,”;

• (ii) after “urban development areas,” insert “new towns,”;

• (b) in paragraph 4(1), after “7” insert “, 7ZA, 7A,”.

Planning (Hazardous Substances) Act 1990 (c. 10)

4

In section 3 of the Hazardous Substances Act (hazardous substances authorities in certain special cases)—

• (a) in subsection (4)—

• (i) for “an urban development corporation or a Mayoral development corporation” substitute “a development corporation”;

• (ii) after “planning authority” insert “for all purposes of Part 3 of the principal Act”;

• (b) after subsection (4) insert—

(4A) In subsection (4), “development corporation” means an urban development corporation, a development corporation established under section 3 of the New Towns Act 1981 or a Mayoral development corporation.

Localism Act 2011 (c. 20)

5

In section 202(5) of the Localism Act 2011 (power to apply certain modifications of planning enactments in relation to Mayoral development corporations), at the end insert “, with the further modification that any reference in that Part of that Schedule to an urban development corporation is to be read as a reference to an MDC”.

Schedule 18 — Conditional confirmation and making of compulsory purchase orders: consequential amendments

Land Compensation Act 1973 (c. 26)

1

In section 33D of the Land Compensation Act 1973 (exclusions from entitlement to loss payments), for subsection (6) substitute—

(6) The relevant time is the time at which any of the following occurs in respect of the compulsory purchase order relating to the person’s interest in the land— (a) the order is confirmed, other than conditionally, under section 13 or 13A of the Acquisition of Land Act 1981; (b) the order is made, other than conditionally, under paragraph 4 or 4A of Schedule 1 to that Act; (c) a decision is made under section 13BA(2)(a) of the Acquisition of Land Act 1981 (decision that conditions subject to which order was confirmed have been met); (d) a decision is made under paragraph 4AA(2)(a) of Schedule 1 to that Act (decision that conditions subject to which order was made have been met).

Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)

2

In section 5(2) of the Compulsory Purchase (Vesting Declarations) Act 1981 (vesting declaration not to be executed before purchase order operative), for “26(1)” substitute “26”.

Acquisition of Land Act 1981 (c. 67)

3

• (1) The Acquisition of Land Act 1981 is amended as follows.

• (2) In section 7—

• (a) in subsection (3) (regulations subject to negative procedure)—

• (i) after “13A” insert “or 13BA”;

• (ii) after “paragraph 4A” insert “or 4AA”;

• (b) after subsection (3) insert—

(4) So far as anything is required or authorised to be prescribed as mentioned in subsection (2) in relation to orders that fall to be made or confirmed by the Welsh Ministers— (a) the reference in that subsection to the Secretary of State is to be read as a reference to the Welsh Ministers, and (b) the reference in subsection (3) to either House of Parliament is to be read as a reference to Senedd Cymru.

• (3) In section 26 (date of operation of orders and certificates), for subsections (1) and (2) substitute—

(1A) A compulsory purchase order confirmed under Part 2 becomes operative— (a) if it is confirmed unconditionally, on the date on which a confirmation notice in respect of the order is first published as required by section 15(3)(a); (b) if it is confirmed conditionally, on the date on which a fulfilment notice in respect of the order is first published as required by section 15(4C)(b)(i). (1B) A compulsory purchase order made under Schedule 1 becomes operative— (a) if it is made unconditionally, on the date on which a making notice in respect of the order is first published as required by paragraph 6(3)(a) of that Schedule; (b) if it is made conditionally, on the date on which a fulfilment notice in respect of the order is first published as required by paragraph 6(4C)(b)(i) of that Schedule. (1C) Subsections (1A) and (1B) do not apply to an order to which the Statutory Orders (Special Procedure) Act 1945 applies. (2A) A certificate given under Part 3 becomes operative on the date on which it is first published as required by section 22(a). (2B) A certificate given under Schedule 3 becomes operative on the date on which it is first published as required by paragraph 9(a) of that Schedule. (3) This section is subject to section 24.

Housing Act 1985 (c. 68)

4

• (1) The Housing Act 1985 is amended as follows.

• (2) In section 582 (suspension of recovery of possession of certain premises when compulsory purchase order made)—

• (a) in subsection (2), for paragraph (b) substitute—

(b) any earlier date on which— (i) the Secretary of State notifies the authority that the Secretary of State declines to confirm the order, (ii) the order (having been confirmed conditionally) expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981, or (iii) the order is quashed by a court.

• (b) in subsection (6), for paragraph (a) substitute—

(aa) the Secretary of State notifies the authority that the Secretary of State declines to confirm the compulsory purchase order, (ab) the order (having been confirmed conditionally) expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981, (ac) the order is quashed by a court, or

• (3) In paragraph 3 of Schedule 5A (termination of initial demolition notices)—

• (a) in sub-paragraph (2), after “(3)(a)” insert “or (aa)”;

• (b) in sub-paragraph (3)—

• (i) omit the “or” at the end of paragraph (a);

• (ii) after paragraph (a) insert—

(aa) a decision under section 13BA(2)(b)(ii) of that Act that conditions subject to which the order was confirmed have not been met, or

• (c) in sub-paragraph (4), after “(3)(a)” insert “or (aa)”;

• (d) after sub-paragraph (6) insert—

(6A) If— (a) a compulsory purchase order has been made as described in sub-paragraph (2), (b) the order expires by virtue of section 13BA(2)(b)(i) of the Acquisition of Land Act 1981, and (c) the effect of the expiry is that the landlord will not be able, by virtue of that order, to carry out the demolition of the dwelling-house, the notice ceases to be in force as from the date when the order expires.

• (e) in sub-paragraph (7), after “(2)” insert “or (6A)”.

Town and Country Planning Act 1990 (c. 8)

5

• (1) TCPA 1990 is amended as follows.

• (2) In section 137(7)(b) (discontinuance of compulsory purchase for purpose of blight notice exception)—

• (a) in sub-paragraph (i), after “order” insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981”;

• (b) in sub-paragraph (ii), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”.

• (3) In Note (2) in paragraph 22 of Schedule 13 (land ceasing to be blighted by proposed compulsory purchase order)—

• (a) omit the “or” at the end of paragraph (a);

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

; or (c) the order (having been confirmed or made conditionally) expires by virtue of section 13BA(2)(b) of, or paragraph 4AA(2) of Schedule 1 to, the Acquisition of Land Act 1981.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

6

In section 48(6)(b) of the Listed Buildings Act (discontinuance of compulsory purchase for purpose of listed building purchase notice exception)—

• (a) in sub-paragraph (i), at the end insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981”;

• (b) in sub-paragraph (ii), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”.

Historic Environment (Wales) Act 2023

7

In section 111(8)(b) of the Historic Environment (Wales) Act 2023 (discontinuance of compulsory purchase for purpose of listed building purchase notice exception)—

• (a) in the English language text—

• (i) in sub-paragraph (i), at the end insert “or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981”;

• (ii) in sub-paragraph (ii), at the end insert “or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to that Act”;

• (b) in the Welsh language text—

• (i) in sub-paragraph (i), at the end insert “neu pan fydd (ar ôl cael ei gadarnhau’n amodol) yn dod i ben yn rhinwedd adran 13BA(2)(b) o Ddeddf Caffael Tir 1981”;

• (ii) in sub-paragraph (ii), at the end insert “neu pan fydd y gorchymyn (ar ôl cael ei wneud yn amodol) yn dod i ben yn rhinwedd paragraff 4AA(2) o Atodlen 1 i’r Ddeddf honno”.

Schedule 19 — Compulsory purchase: corresponding provision for purchases by Ministers

Online publicity

1

• (1) Schedule 1 to the Acquisition of Land Act 1981 (compulsory purchase by Minister) is amended as follows.

• (2) For the italic heading before paragraph 2 substitute “Public notices”.

• (3) In paragraph 2 (requirement to publish notice of order in newspaper)—

• (a) in sub-paragraph (1)—

• (i) the words from “in two” to “situated” become paragraph (a);

• (ii) at the end of that paragraph insert

, and (b) for a period of at least 21 days ending with the day specified under sub-paragraph (2)(d), publish a notice in the prescribed form on an appropriate website.

• (b) in sub-paragraph (2)—

• (i) in the words before paragraph (a), for “notice” substitute “notices”;

• (ii) omit the “and” at the end of paragraph (c);

• (iii) after paragraph (c) insert—

(ca) specify a website on which those copies may be viewed, and

• (iv) for paragraph (d) substitute—

(d) specify the final day for making objections to the draft order, and the manner in which objections can be made.

• (c) after sub-paragraph (2) insert—

(2A) If the appropriate authority (see paragraph 4(8)) is satisfied that, because of special circumstances, it is impracticable for the Minister to make the copies referred to in sub-paragraph (2)(c) available for inspection at an appropriate place, the appropriate authority may direct that the requirement in sub-paragraph (2)(c) (together with that in paragraph 3(1)(ba)) is not to apply.

• (d) in sub-paragraph (4)(b), omit the words from “(but” to “affixed)”.

• (4) In paragraph 3(1) (requirement to serve notice on certain affected persons)—

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

• (b) after paragraph (b) insert—

(ba) (subject to paragraph 2(2A)) naming a place within the locality where a copy of the draft order and of the map referred to in it may be inspected, (bb) specifying a website on which those copies may be viewed, and

• (c) for paragraph (c) substitute—

(c) specifying the final day for making objections to the draft order, and the manner in which objections can be made.

• (5) After paragraph 3 insert—

(3A) (1) For the purposes of paragraphs 2 and 3, the day specified as the final day for making objections must be the last day, or a day after the last day, of the period of 21 days beginning with the first day at the beginning of which the Minister expects that all of the following conditions will be satisfied. (2) The conditions are that— (a) a notice has been published for the first time as required by paragraph 2(1)(a), (b) publication as required by paragraph 2(1)(b) has begun, (c) a notice has been affixed as required by paragraph 2(3), and (d) a notice has been served on every qualifying person as required by paragraph 3(1).

• (6) In paragraph 6 (notices after making of order)—

• (a) in sub-paragraph (3)—

• (i) the words from “in one” to “situated” become paragraph (a);

• (ii) at the end of that paragraph insert

, and (b) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the Minister takes the final step needed to comply with sub-paragraph (1)(a).

• (b) in sub-paragraph (4), after paragraph (c) insert—

(ca) specifying a website on which those copies may be viewed;

• (c) after sub-paragraph (4) insert—

(4A) If the appropriate authority is satisfied that, because of special circumstances, it is impracticable for the Minister to make the copies referred to in sub-paragraph (4)(c) available for inspection at an appropriate place, the appropriate authority may direct that the requirement in sub-paragraph (4)(c) is not to apply.

Proceedings for consideration of draft order

2

• (1) Schedule 1 to the Acquisition of Land Act 1981 (compulsory purchase by Minister) is amended as follows.

• (2) In paragraph 4A (proceedings for contested orders), for sub-paragraphs (2) to (8) substitute—

(1A) The appropriate authority must cause a public local inquiry to be held if— (a) the order is subject to special parliamentary procedure, or (b) in the case of an order to which section 16 applies, a certificate has been given under subsection (2) of that section. (1B) If sub-paragraph (1A) does not apply, the appropriate authority must either— (a) cause a public local inquiry to be held, or (b) proceed under the representations procedure. (1C) In deciding between those options, the appropriate authority must have regard to the scale and complexity of what is proposed by the draft order. (1D) The representations procedure is a procedure to be prescribed. (1E) The regulations prescribing the procedure must include provision— (a) enabling each person who has made a remaining objection to make representations— (i) in writing to the appropriate authority, or (ii) if the person so requests, at a hearing, and (b) enabling the Minister, and any other person the appropriate authority thinks appropriate, to make representations— (i) in writing to the appropriate authority, or (ii) if applicable, at a hearing held as mentioned in paragraph (a)(ii). (1F) The regulations may provide for hearings to be held by the appropriate authority or by a person appointed by the appropriate authority. (1G) In sub-paragraph (1E), “representations” means representations as to whether the order should be made. (1H) Before the Minister makes the order, the appropriate authority must consider— (a) each remaining objection; (b) if a public local inquiry was held, the report of the person who held it; (c) if the representations procedure was followed and the appropriate authority held a hearing, the representations made at the hearing; (d) if the representations procedure was followed and a person appointed by the appropriate authority held a hearing, the report of that person; (e) if the representations procedure was followed and written representations were made, those representations. (1I) The Minister may make the order with or without modifications. (1J) Regulations under sub-paragraph (1D) may include provision as to the giving of reasons for decisions taken by the appropriate authority in cases where the representations procedure is followed.

• (3) In paragraph 4B (confirmation of order in stages), in sub-paragraph (3), for “4A(2) or (3)” substitute “4A(1A) or (1B)”.

Conditional orders

3

• (1) Schedule 1 to the Acquisition of Land Act 1981 (compulsory purchase by Minister) is amended as follows.

• (2) After paragraph 4A insert—

(4AA) (1) The Minister may make a compulsory purchase order conditionally. (2) The effect of making an order conditionally is that the order— (a) does not become operative until the Minister has decided, following consideration by the appropriate authority (see paragraph 4(8)), that certain conditions have been met, and (b) expires if the Minister has not decided that by a certain time. (3) The conditions and the time are to be specified by the Minister when making the order. (4) The procedure to be followed in connection with the consideration and decision referred to in sub-paragraph (2)(a) is to be prescribed. (5) The prescribed procedure must include provision for each relevant objector— (a) to be given notice that the appropriate authority is to consider whether the conditions have been met (or for steps to be taken with a view to notifying them), and (b) to have the opportunity to make written representations relating to that consideration; and may include provision as to the giving of reasons for the decision by the Minister. (6) In sub-paragraph (5), “relevant objector” means a person who made an objection to the draft order that— (a) was a remaining objection for the purposes of paragraph 4A, and (b) had not been withdrawn by the time the order was made.

• (3) In paragraph 6 (notices after making of order)—

• (a) in sub-paragraph (2)(b), for “date when the order becomes operative” substitute “day on which the Minister takes the final step needed to comply with sub-paragraph (1)(a)”;

• (b) in sub-paragraph (3), at the beginning insert “Unless the order was made conditionally,”;

• (c) in sub-paragraph (4), after paragraph (b) insert—

(ba) if the order was made conditionally, stating the conditions and time specified under paragraph 4AA(3);

• (d) after sub-paragraph (4A) (inserted by paragraph 1(6)) insert—

(4B) If the order was made conditionally and the Minister decides under paragraph 4AA that the conditions have been met, the Minister must serve— (a) a copy of the order, and (b) a fulfilment notice, on each person on whom a notice was required to be served under paragraph 3. (4C) Where sub-paragraph (4B) applies, the Minister must also— (a) affix a fulfilment notice to a conspicuous object or objects on or near the land comprised in the order, and (b) publish a fulfilment notice— (i) in one or more local newspapers circulating in the locality in which the land comprised in the order is situated, and (ii) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the Minister takes the final step needed to comply with sub-paragraph (4B). (4D) A fulfilment notice is a notice— (a) stating that the conditions subject to which the order was made have been met and that the order will therefore become operative, and (b) annexing the information that was contained in the making notice.

• (e) in sub-paragraph (5), after “notice” insert “or fulfilment notice”;

• (f) in sub-paragraph (6)—

• (i) after “notice” insert “, and any fulfilment notice,”;

• (ii) for “it” substitute “each such notice”.

Schedule 20 — Grounds of appeal against final letting notice

Part 1 — Grounds

1

That the vacancy condition was not met in relation to the premises on the day on which the initial letting notice was served.

2

That the premises cannot reasonably be considered suitable for the use identified in the final letting notice as the suitable high-street use.

3

That the local authority’s view that the local benefit condition was met in relation to the premises was one that no authority giving reasonable consideration to the matter could have reached.

4

That the local authority failed, while the initial letting notice was in force, to give consent under section 196 to a proposed tenancy, licence or agreement where the authority—

• (a) was required by section 197(1) to give consent, or

• (b) would have been so required had it not failed to be satisfied as mentioned in section 197(2)(c), when any authority giving reasonable consideration to the matter would have been so satisfied.

5

That the landlord—

• (a) intends to carry out substantial works of construction, demolition or reconstruction affecting the premises, and

• (b) could not reasonably carry out those works without retaining possession of the premises.

6

That the landlord intends to occupy the premises for the purposes, or partly for the purposes, of a business to be carried on by the landlord in the premises.

7

That the landlord intends to occupy the premises as the landlord’s residence.

Part 2 — Interpretation and application

1

Ground 2 is to be applied in accordance with section 192(5).

2

Works carried out in contravention of section 200(1) cannot be relied on for the purposes of ground 5.

3

• (1) Where the landlord has a controlling interest in a company, the references to the landlord in ground 6 include reference to that company.

• (2) Where the landlord is a company and a person has a controlling interest in the company, the references to the landlord in grounds 6 and 7 include reference to that person.

• (3) For the purposes of sub-paragraphs (1) and (2), a person has a controlling interest in a company, if, had the person been a company, the other company would have been its subsidiary.

• (4) In this paragraph—

• “company” has the meaning given by section 1(1) of the Companies Act 2006;

• “subsidiary” has the meaning given by section 1159 of that Act.

Schedule 21 — Provision to be included in terms of tenancy further to contract under section 204

1

Provision about what obligations (if any) the landlord is to have with respect to the maintenance or repair of anything outside the premises that enables or facilitates the use of the premises.

2

Provision about what obligations (if any) the landlord is to have with respect to the supply of water, energy or telecommunications services to the premises.

3

Provision requiring the tenant to keep the premises in repair.

4

Provision about—

• (a) what works and alterations the tenant can or cannot carry out, with or without the consent of the landlord, and

• (b) (if applicable) the giving or withholding of such consent by the landlord.

5

Provision requiring the tenant to insure the premises (if they are not otherwise insured).

6

Provision enabling the landlord to recover from the tenant costs reasonably incurred by or on behalf of the landlord in connection with the premises.

7

Provision about circumstances in which the tenant can or cannot—

• (a) assign the tenancy,

• (b) sub-let the premises, or

• (c) otherwise allow another person to possess or occupy the premises.

8

Provision for, and in connection with, the giving of a deposit by the tenant to secure the performance of the tenant’s obligations.

9

Provision about the circumstances in which the landlord can re-enter the premises following a breach of the tenant’s obligations.

10

Provision requiring the tenant to deliver up the premises with vacant possession at the end of the tenancy.

Schedule 22 — Pavement licences

Introductory

1

In this Schedule—

• (a) “the 2020 Act” means the Business and Planning Act 2020;

• (b) “the commencement date” means the date on which this Schedule comes into force;

• (c) “pavement licence” means a licence under section 1 of the 2020 Act.

Making pavement licence provisions permanent

2

• (1) Omit section 10 of the 2020 Act (expiry).

• (2) In section 23 of the 2020 Act (regulations), in subsection (4), omit “10,”.

Applications: fees

3

• (1) Section 2 of the 2020 Act (applications) is amended as follows.

• (2) In subsection (1)(c), for “£100” substitute “the relevant amount”.

• (3) After subsection (1) insert—

(1A) In subsection (1)(c), “the relevant amount” means— (a) £350, in the case of an application which— (i) is made by a person who already holds a pavement licence, and (ii) is in respect of the premises to which that existing licence relates (whether or not it is a renewal application), and (b) £500, in any other case. (1B) The Secretary of State may by regulations amend subsection (1A)(a) or (b) so as to substitute a different amount for the amount for the time being specified there.

4

In section 23 of the 2020 Act (regulations), in subsection (3), after “section” insert “2(1B) or”.

Applications: procedure on renewals

5

• (1) Section 2 of the 2020 Act (applications) is amended as follows.

• (2) After subsection (2) insert—

(2A) If the application is a renewal application— (a) subsection (2) does not apply, but (b) the application must contain or be accompanied by such information or material as the local authority may require.

• (3) After subsection (9) insert—

(10) For the purposes of this section, an application is a renewal application if— (a) it is made by a person who already holds a pavement licence, (b) it is in respect of the premises to which the existing licence relates, and (c) it is for a licence to begin on the expiry of the existing licence and on the same terms.

Applications: periods for consultation and determination

6

In section 2 of the 2020 Act (applications), in subsection (4), for “7” substitute “14”.

7

In section 3 of the 2020 Act (determination), in subsection (10), for “7” substitute “14”.

Duration of licences

8

• (1) Section 4 of the 2020 Act (duration) is amended as follows.

• (2) For subsections (1) and (2) substitute—

(1) A pavement licence may be granted by a local authority for such period as the authority may specify in the licence. (2) The period specified may not exceed two years.

• (3) In subsection (3)—

• (a) omit “, subject to subsection (4),”;

• (b) for “a year” substitute “two years”.

• (4) Omit subsection (4).

Enforcement of licences

9

In section 6 of the 2020 Act (enforcement and revocation), after subsection (3) insert—

(4) A local authority by which a pavement licence is granted or deemed to be granted may, with the consent of the licence-holder, amend the licence if it considers that— (a) the condition in subsection (3)(a) or (b) is met, or (b) a no-obstruction condition of the licence is not being complied with.

Effect of licences

10

In section 7 of the 2020 Act (effects), omit—

• (a) subsections (4) to (6);

• (b) subsections (8) to (10).

11

• (1) Section 115E of the Highways Act 1980 (execution of works etc by persons other than councils) is amended as follows.

• (2) In subsection (1), for “(4)” substitute “(5)”.

• (3) After subsection (4) insert—

(5) A council may not under this section grant a person permission to do anything which is capable of being authorised by a pavement licence under section 1 of the Business and Planning Act 2020.

12

In section 249 of the Town and Country Planning Act 1990 (order extinguishing right to use vehicles on highway), in subsection (7), at the end insert “or sections 1 to 9 of the Business and Planning Act 2020”.

Enforcement

13

After section 7 of the 2020 Act insert—

(7A) (1) The following provisions of this section apply where— (a) a person puts removable furniture on a relevant highway for a purpose specified in subsection (2), and (b) the person is not authorised to do so. (2) The purposes referred to in subsection (1)(a) are— (a) use of the furniture by the person to sell or serve food or drink supplied from, or in connection with relevant use of, premises which are adjacent to the highway and are used or proposed to be used by the person; (b) use of the furniture by other persons for the purpose of consuming food or drink supplied from, or in connection with relevant use of, such premises. (3) The local authority may by notice require the person— (a) to remove the furniture before a date specified in the notice, and (b) to refrain from putting furniture on the highway unless authorised to do so. (4) If the person leaves or puts removable furniture on the relevant highway in contravention of the notice, the local authority may— (a) remove the furniture and store it, (b) require the person to pay the authority’s reasonable costs in removing and storing the furniture, and (c) refuse to return the furniture until those reasonable costs are paid. (5) If within the period of three months beginning with the day on which the notice is given the person does not pay the reasonable costs, or does not recover the furniture, the local authority may— (a) dispose of the furniture by sale or in any other way it thinks fit, and (b) retain any proceeds of sale for any purpose it thinks fit. (6) In this section “authorised” means authorised by— (a) a pavement licence, (b) permission under Part 7A of the Highways Act 1980, or (c) permission granted under any other enactment.

Local authority functions

14

In section 8 of the 2020 Act, omit subsection (2).

15

In Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (S.I. 2000/2853) (functions which are not to be the responsibility of an authority’s executive), in paragraph B, after item 72 insert—

73 Functions relating to pavement licences	Sections 1 to 7A of the Business and Planning Act 2020

Other amendments

16

In section 9 of the 2020 Act (interpretation), omit subsections (2) and (3) (which are spent).

17

In section 62 of the Anti-social Behaviour, Crime and Policing Act 2014 (premises etc to which alcohol prohibition in a public spaces protection order does not apply), in subsection (1)(e), at the end insert “or by virtue of a pavement licence under section 1 of the Business and Planning Act 2020”.

Transitional provision

18

• (1) This paragraph applies in relation to a pavement licence which is in force immediately before the commencement date and which—

• (a) was granted with no limit on its duration, or

• (b) was deemed to be granted under section 3(9) of the 2020 Act.

• (2) A pavement licence to which this paragraph applies expires at the end of the period of two years beginning with the commencement date.

19

The amendments made by paragraph 11 do not affect any permission granted by a council under section 115E of the Highways Act 1980 before the commencement date.

Schedule 23 — Use of non-domestic premises for childcare: registration

Introductory

1

The Childcare Act 2006 is amended as follows.

Early years provision

2

In section 32 (maintenance of the two childcare registers), after subsection (5) insert—

(6) In this section— (a) a reference to persons registered as early years childminders is to be read as a reference to persons registered as early years childminders with domestic premises and to persons registered as early years childminders without domestic premises collectively; (b) a reference to persons registered as later years childminders is to be read as a reference to persons registered as later years childminders with domestic premises and to persons registered as later years childminders without domestic premises collectively; (c) a reference to persons registered as childminders by the Chief Inspector for the purposes of Chapter 4 is to be read as a reference to persons so registered as childminders with domestic premises and to persons so registered as childminders without domestic premises collectively.

3

• (1) Section 33 (requirement to register: early years childminders) is amended as follows.

• (2) In the heading, at the end insert “with domestic premises”.

• (3) In subsection (1), in the words before paragraph (a)—

• (a) after “England” insert “, where some or all of the childminding is provided on domestic premises,”;

• (b) after “childminder” insert “with domestic premises”.

4

• (1) Section 34 (requirement to register: early years providers) is amended as follows.

• (2) For subsections (1) and (1ZA) substitute—

(1) A person may not provide early years provision on non-domestic premises in England unless— (a) the person is registered in the early years register as an early years provider other than a childminder (whether or not the provision is or includes early years childminding), or (b) the provision is early years childminding, none of which is provided on domestic premises, and the person is registered as an early years childminder without domestic premises— (i) in the early years register, or (ii) with an early years childminder agency. (1ZA) Subsection (1)(a) does not apply to early years provision in respect of which the person providing it is required to be registered under section 33(1) or under subsection (1A).

• (3) In subsection (1A)—

• (a) after “96(5)” insert “, and some or all of which is provided on domestic premises,”;

• (b) after “registered” insert “as an early years provider other than a childminder”.

5

• (1) Section 35 (applications for registration: early years childminders) is amended as follows.

• (2) In the heading, at the end insert “with domestic premises”.

• (3) In subsection (1)—

• (a) in paragraph (a), for “as an early years childminder in the early years register” substitute “in the early years register as an early years childminder with domestic premises”;

• (b) in paragraph (b), at the end insert “with domestic premises”.

• (4) In subsection (5), in each of paragraphs (aa) and (ab), after “as an early years childminder” insert “with domestic premises”.

6

• (1) Section 36 (application for registration: other early years providers) is amended as follows.

• (2) In subsection (1), for the words from “to the Chief” to the end substitute

— (a) in any case, to the Chief Inspector for registration as an early years provider other than a childminder, or (b) if the early years provision is early years childminding— (i) to the Chief Inspector for registration as an early years childminder without domestic premises, or (ii) to an early years childminder agency for registration with that agency as an early years childminder without domestic premises, (whether or not an application is also made under paragraph (a)).

• (3) In each of subsections (3) and (4), for “subsection (1)” substitute “subsection (1)(a) or (b)(i)”.

• (4) In subsection (4A), after “subsection” insert “(1)(b)(ii) or”.

• (5) In subsection (5), after paragraph (ab) insert—

(ac) prohibiting the applicant from being registered in the early years register as an early years childminder without domestic premises if the applicant is registered with a childminder agency; (ad) prohibiting the applicant from being registered with an early years childminder agency as an early years childminder without domestic premises if the applicant is registered— (i) with another childminder agency; (ii) in the early years register or the general childcare register;

7

• (1) Section 37 (entry on the register and certificates) is amended as follows.

• (2) In subsection (1)(a), after “childminder” insert “with domestic premises”.

• (3) In subsection (2)—

• (a) in the words before paragraph (a), for “36(1)” substitute “36(1)(a)”;

• (b) in paragraph (a), after “childminder” insert “(even if, in the case of an application under section 36(1)(a), the early years provision is or includes early years childminding)”.

• (4) After subsection (2) insert—

(2A) If an application under section 36(1)(b)(i) is granted, the Chief Inspector must— (a) register the applicant in the early years register as an early years childminder without domestic premises, and (b) give the applicant a certificate of registration stating that the applicant is so registered.

• (5) In subsection (3), for “or (2)” substitute “, (2) or (2A)”.

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• (1) Section 37A (early years childminder agencies: registers and certificates) is amended as follows.

• (2) In subsection (1)(a), after “childminder” insert “with domestic premises”.

• (3) After subsection (1) insert—

(1A) If an application under section 36(1)(b)(ii) is granted, the early years childminder agency must— (a) register the applicant in the register maintained by the agency as an early years childminder without domestic premises, and (b) give the applicant a certificate of registration stating that the applicant is so registered.

• (4) In subsection (3), after “(1)” insert “, (1A)”.

Later years provision

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• (1) Section 52 (requirement to register: later years childminders for children under eight) is amended as follows.

• (2) In the heading, at the end insert “with domestic premises”.

• (3) In subsection (1), in the words before paragraph (a)—

• (a) after “eight” insert “, where some or all of the childminding is provided on domestic premises,”;

• (b) after “childminder” insert “with domestic premises”.

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• (1) Section 53 (requirement to register: other later years providers for children under eight) is amended as follows.

• (2) For subsections (1) and (1ZA) substitute—

(1) A person may not provide, for a child who has not attained the age of eight, later years provision on non-domestic premises in England unless— (a) the person is registered in Part A of the general childcare register as a later years provider other than a childminder (whether or not the provision is or includes later years childminding), or (b) the provision is later years childminding, none of which is provided on domestic premises, and the person is registered as a later years childminder without domestic premises— (i) in Part A of the general childcare register, or (ii) with a later years childminder agency. (1ZA) Subsection (1)(a) does not apply to later years provision in respect of which the person providing it is required to be registered under section 52(1) or under subsection (1A).

• (3) In subsection (1A)—

• (a) after “96(9)” insert “, and some or all of which is provided on domestic premises,”;

• (b) after “registered” insert “as a later years provider other than a childminder”.

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• (1) Section 54 (applications for registration: later years childminders) is amended as follows.

• (2) In the heading, at the end insert “with domestic premises”.

• (3) In subsection (1)—

• (a) in paragraph (a), for “as a later years childminder in Part A of the general childcare register” substitute “in Part A of the general childcare register as a later years childminder with domestic premises”;

• (b) in paragraph (b), at the end insert “with domestic premises”.

• (4) In subsection (5), in each of paragraphs (aa) and (ab), after “as a later years childminder” insert “with domestic premises”.

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• (1) Section 55 (application for registration: other later years providers) is amended as follows.

• (2) In subsection (1), for the words from “to the Chief” to the end substitute

— (a) in any case, to the Chief Inspector for registration as a later years provider other than a childminder, or (b) if the later years provision is later years childminding— (i) to the Chief Inspector for registration as a later years childminder without domestic premises, or (ii) to a later years childminder agency for registration with that agency as a later years childminder without domestic premises, (whether or not an application is also made under paragraph (a)).

• (3) In each of subsections (3) and (4), for “subsection (1)” substitute “subsection (1)(a) or (b)(i)”.

• (4) In subsection (4A), after “subsection” insert “(1)(b)(ii) or”.

• (5) In subsection (5), after paragraph (ab) insert—

(ac) prohibiting the applicant from being registered in Part A of the general childcare register as a later years childminder without domestic premises if the applicant is registered with a childminder agency; (ad) prohibiting the applicant from being registered with a later years childminder agency as a later years childminder without domestic premises if the applicant is registered— (i) with another childminder agency; (ii) in the early years register or the general childcare register;

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• (1) Section 56 (entry on the register and certificates) is amended as follows.

• (2) In subsection (1), in paragraph (a), after “childminder” insert “with domestic premises”.

• (3) In subsection (2)—

• (a) in the words before paragraph (a), for “55(1)” substitute “55(1)(a)”;

• (b) in paragraph (a), after “childminder” insert “(even if, in the case of an application under section 55(1)(a), the later years provision is or includes later years childminding)”.

• (4) After subsection (2) insert—

(2A) If an application under section 55(1)(b)(i) is granted, the Chief Inspector must— (a) register the applicant in Part A of the general childcare register as a later years childminder without domestic premises, and (b) give the applicant a certificate of registration stating that the applicant is so registered.

• (5) In subsection (3), for “or (2)” substitute “, (2) or (2A)”.

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• (1) Section 56A (later years childminder agencies: registers and certificates) is amended as follows.

• (2) In subsection (1)(a), after “childminder” insert “with domestic premises”.

• (3) After subsection (1) insert—

(1A) If an application under section 55(1)(b)(ii) is granted, the later years childminder agency must— (a) register the applicant in the register maintained by the agency as a later years childminder without domestic premises, and (b) give the applicant a certificate of registration stating that the applicant is so registered.

• (4) In subsection (3), after “(1)” insert “, (1A)”.

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In section 57 (special procedure for providers registered in the early years register), in subsection (1)—

• (a) in the words before paragraph (a), after “childminder” insert “with or without domestic premises”;

• (b) in paragraph (a), for “as a later years childminder” substitute

— (i) in the case of an early years childminder with domestic premises, as a later years childminder with domestic premises; (ii) otherwise, as a later years childminder without domestic premises

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