Localism Act 2011 (c. 20)

SCHEDULES

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

PART 1 E+W Amendments of the Planning Act 2008

Single-Commissioner procedure to become single-appointed-person procedure E+W

30 (1) Amend section 78 (single Commissioner to handle application) as follows. E+W

(2) In subsection (1)(a) (which refers to an application accepted by the Commission) for “Commission” substitute “ Secretary of State ”.

(3) In subsection (1)(b) (which refers to decision that application be handled by a single Commissioner) for “Commissioner” substitute “ appointed person ”.

(4) In subsection (2) (meaning of “the single Commissioner”) for “Commissioner” substitute “ appointed person ”.

(5) In the heading, and in the italic heading immediately preceding the section, for “Commissioner” substitute “ appointed person ”.

(6) In the heading of Chapter 3 of Part 6 for “single-Commissioner” substitute “ single-appointed-person ”.

Commencement Information

I1 Sch. 13 para. 30 in force at 1.4.2012 by S.I. 2012/628, art. 7(a)

31 E+W For section 79 (Commission chair must appoint single Commissioner) substitute—

“79 Appointment of single appointed person

The Secretary of State must appoint a person to handle the application.”

Commencement Information

I2 Sch. 13 para. 31 in force at 1.4.2012 by S.I. 2012/628, art. 7(a)

32 (1) Amend section 80 (person ceasing to be single Commissioner) as follows. E+W

(2) Omit subsection (1) (generally, person ceases to be single Commissioner on ceasing to be a Commissioner).

(3) In subsection (2) (single Commissioner may resign by notice to Commission)—

(a) for “Commissioner” substitute “ appointed person ”, and

(b) for “Commission” substitute “ Secretary of State ”.

(4) In subsection (3) (Commission chair may remove single Commissioner)—

(a) for “person appointed to chair the Commission (“the chair”)” substitute “ Secretary of State ”,

(b) for “Commissioner” (in both places) substitute “ appointed person ”, and

(c) for “if the chair” substitute “ if the Secretary of State ”.

(5) In the heading for “Commissioner” substitute “ appointed person ”.

Commencement Information

I3 Sch. 13 para. 32 in force at 1.4.2012 by S.I. 2012/628, art. 7(a)

33 E+W Omit section 81 (single Commissioner continuing though ceasing to be Commissioner).

Commencement Information

I4 Sch. 13 para. 33 in force at 1.4.2012 by S.I. 2012/628, art. 7(a)

34 E+W In section 82 (appointment of replacement single Commissioner) for “Commissioner” (in each place, including in the heading) substitute “ appointed person ”.

Commencement Information

I5 Sch. 13 para. 34 in force at 1.4.2012 by S.I. 2012/628, art. 7(a)

35 (1) Amend section 83 (single Commissioner to examine and report on application) as follows. E+W

(2) In subsections (1) and (3), in the heading, and in the italic heading immediately preceding the section, for “Commissioner” (in each place, including in the word “Commissioner's”) substitute “ appointed person ”.

(3) In subsection (1)(b) (duty to make report) after “making a report” insert “ to the Secretary of State ”.

(4) Omit subsection (2) (report to be made to the Commission in some cases and to the Secretary in other cases).

(5) Omit subsection (4) (duty of Commission staff to support single Commissioner).

Commencement Information

I6 Sch. 13 para. 35 in force at 1.4.2012 by S.I. 2012/628, art. 7(a)

36 E+W Omit sections 84 and 85 (procedure where single Commissioner's report made to Commission) and the italic heading immediately preceding section 84.

Commencement Information

I7 Sch. 13 para. 36 in force at 1.4.2012 by S.I. 2012/628, art. 7(a)