Part 2National policy statements

9Parliamentary requirements

(1)

This section sets out the parliamentary requirements referred to in sections 5(4) and 6(7).

(2)

The Secretary of State must lay the proposal before Parliament.

(3)

In this section “the proposal” means—

(a)

the statement that the Secretary of State proposes to designate as a national policy statement for the purposes of this Act, or

(b)

(as the case may be) the proposed amendment.

(4)

Subsection (5) applies if, during the relevant period—

(a)

either House of Parliament makes a resolution with regard to the proposal, or

(b)

a committee of either House of Parliament makes recommendations with regard to the proposal.

(5)

The Secretary of State must lay before Parliament a statement setting out the Secretary of State's response to the resolution or recommendations.

(6)

The relevant period is the period specified by the Secretary of State in relation to the proposal.

(7)

The Secretary of State must specify the relevant period in relation to the proposal on or before the day on which the proposal is laid before Parliament under subsection (2).

F1(8)

After the end of the relevant period, but not before the Secretary of State complies with subsection (5) if it applies, the Secretary of State must lay the proposal before Parliament.

F2(8A)

Subsections (4) to (8) do not apply in relation to the proposal if it—

(a)

is an amendment within subsection (11), or

(b)

consists only of amendments within that subsection.

(9)

If after F3the laying requirement has been complied with—

(a)

something other than what was laid under F3the laying requirement becomes the proposal, or

(b)

what was laid under F3the laying requirement remains the proposal, or again becomes the proposal, despite the condition in section 5(4)(a) F4or 6(7)(a) not having been met in relation to it,

F3the laying requirement must be complied with anew.

(10)

For the purposes of subsection (9)(a) and (b) ignore any proposal to correct clerical or typographical errors in what was laid under F5the laying requirement.

F6(11)

An amendment is within this subsection if it is an amendment proposed to a national policy statement in order to reflect—

(a)

published Government policy that is relevant to development of a description to which the statement relates,

(b)

the amendment, revocation or repeal of legislation referred to in the statement, or the amendment, revocation, repeal or coming into force of legislation relevant to development of a description to which the statement relates,

(c)

a change (not within paragraph (a) or (b)) to a published document referred to in the statement, or

(d)

a decision of a court in proceedings referred to in section 13 or 118, or other proceedings, so far as relevant to the interpretation of the statement or legislation referred to in the statement.

(12)

In subsection (11), “legislation” means an Act or an instrument made under an Act.

(13)

In this section, “the laying requirement” means—

(a)

if the proposal is one to which subsections (4) to (8) do not apply, subsection (2);

(b)

otherwise, subsection (8).