SCHEDULE 13Infrastructure Planning Commission: transfer of functions to Secretary of State
PART 1Amendments of the Planning Act 2008
Decisions on applications
49
(1)
Amend section 104 (decisions of Panel and Council) as follows.
(2)
In subsection (1) for “the decision-maker is a Panel or the Council” substitute “
a national policy statement has effect in relation to development of the description to which the application relates
”
.
(3)
In subsection (2)—
(a)
for “Panel or Council” (in both places) substitute “
Secretary of State
”
,
(b)
in paragraph (b) for “Commission” substitute “
Secretary of State
”
, and
(c)
in paragraph (d) for “its” substitute “the Secretary of State's”.
(4)
In subsections (3) and (4) for “Panel or Council” substitute “
Secretary of State
”
.
(5)
In subsection (5)—
(a)
for “Panel or Council is” substitute “
Secretary of State is
”
, and
(b)
for “Panel or Council, or the Commission, being in breach of any duty imposed on it” substitute “
Secretary of State being in breach of any duty imposed on the Secretary of State
”
.
(6)
In subsections (6), (7) and (8) for “Panel or Council” substitute “
Secretary of State
”
.
(7)
For the heading substitute “
Decisions in cases where national policy statement has effect
”