SCHEDULES

SCHEDULE 13Infrastructure Planning Commission: transfer of functions to Secretary of State

PART 1Amendments of the Planning Act 2008

Grant or refusal

I155

1

Section 114 (decision-maker to grant or refuse consent) is amended as follows.

2

In subsection (1)—

a

for “it” substitute “ the Secretary of State ”, and

b

for “decision-maker” substitute “ Secretary of State ”.

3

In subsection (2) for “decision-maker” substitute “ Secretary of State ”.

I256

Omit section 115(6) (Panel or Council to have regard to Secretary of State's guidance in deciding whether development is associated).

I357

1

Amend section 116 (reasons) as follows.

2

In subsection (1)—

a

for “decision-maker” substitute “ Secretary of State ”, and

b

for “its” substitute “the Secretary of State's”.

3

In subsection (2) for “appropriate authority” substitute “ Secretary of State ”.

4

In subsection (3)—

a

for “appropriate authority” substitute “ Secretary of State ”, and

b

for “the authority” substitute “ the Secretary of State ”.

5

Omit subsection (4) (meaning of “appropriate authority”).

I458

1

Amend section 117 (orders granting consent: formalities) as follows.

2

Omit subsections (2) and (5) (orders made by Panel or Council).

3

In subsection (3) (duty to publish order)—

a

for “appropriate authority” substitute “ Secretary of State ”, and

b

for “the authority” substitute “ the Secretary of State ”.

4

For subsection (4) (order exercising powers under section 120(5)(a) or (b) must be in statutory instrument) substitute—

4

If the order includes provision—

a

made under section 120(3) for or relating to any of the matters listed in paragraphs 32A and 32B of Schedule 5, or

b

made in the exercise of any of the powers conferred by section 120(5)(a) or (b),

the order must be contained in a statutory instrument.

5

In subsection (6) for “is made, the appropriate authority” substitute “ containing the order is made, the Secretary of State ”.

6

Omit subsection (7) (meaning of “appropriate authority”).

I559

1

Amend section 118 (legal challenges) as follows.

2

In subsection (3) (challenges to Commission decision not to accept application) for “Commission” (in both places) substitute “ Secretary of State ”.

3

In subsection (7) (other challenges to things done by Secretary of State or Commission) omit “or the Commission”.