PART 6

Planning
CHAPTER 6

Nationally significant infrastructure projects

Transitional provision in connection with abolition
129
1
The Secretary of State may, in connection with the operation of the abolition provisions, give a direction about the handling on and after the abolition date of—
a
an application received by the Infrastructure Planning Commission before the abolition date that purports to be an application for an order granting development consent under the Planning Act 2008,
b
a proposed application notified to the Commission under section 46 of that Act before the abolition date, or
c
an application received by the Secretary of State on or after the abolition date where—
i
the application purports to be an application for an order granting development consent under that Act, and
ii
a proposed application that has become that application was notified to the Commission under section 46 of that Act before the abolition date.
2
A direction under subsection (1) may (in particular)—
a
make provision about the effect on and after the abolition date of things done before that date;
b
provide for provisions of or made under the Planning Act 2008 to apply on and after that date as they applied before that date, with or without modifications specified in the direction;
c
provide for provisions of or made under that Act to apply on and after the abolition date with modifications specified in the direction;
d
make provision for a person who immediately before the abolition date—
i
is a member of the Commission, and
ii
is a member of the Panel, or is the single Commissioner, handling an application for an order granting development consent under that Act,
to be, or to be treated as being, a member of the Panel that under Chapter 2 of Part 6 of that Act, or the appointed person who under Chapter 3 of that Part, is to handle the application on and after the abolition date;
e
make other transitional provision and savings;
f
make provision binding the Crown.
3
In this section—
- “the abolition date” means the date on which section 128(1) comes into force;
- “the abolition provisions” means section 128, Schedule 13 and Part 20 of Schedule 25.
S. 129 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 2(b)
S. 129 in force at 1.4.2012 in so far as not already in force by S.I. 2012/628, art. 7(a)
Pt. 6: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)