The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013 No. 522

Statutory Instruments

2013 No. 522

Infrastructure Planning

The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013

Made

6th March 2013

Laid before Parliament

12th March 2013

Coming into force

6th April 2013

The Secretary of State, in exercise of the powers conferred by sections 7, 42, 56, 88(3A), 102(4), 114(2), 123(4) and 232(3)(b) of, and paragraphs 2 and 4 of Schedule 6 to, the Planning Act 2008(1) makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013.

(2) These Regulations shall come into force on 6th April 2013.

(3) In these Regulations—

(a) “the 2009 Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009(2); and

(b) “project” means a nationally significant infrastructure project.

Amendments to the Infrastructure Planning (National Policy Statement Consultation) Regulations 2009

2.—(1) The Infrastructure Planning (National Policy Statement Consultation) Regulations 2009(3) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “AONB Conservation Boards” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006 (effect of grant of application)(4);”;

(b) after the definition of “local authorities” insert—

““local health board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (local health boards)(5);”;

(c) after the definition of “local resilience forum” insert—

““National Health Service Commissioning Board” has the same meaning as in section 1H of the National Health Service Act 2006 (the National Health Service Commissioning Board and its general functions)(6);

“National Health Service Trusts” means the National Health Service Trusts established under section 18 of the National Health Service (Wales) Act 2006 (NHS Trusts)(7);”; and

(d) omit the definitions of—

(i) “regional development agencies”;

(ii) “regional planning body”;

(iii) “responsible regional authority”; and

(iv) “Strategic Health Authority”.

(3) In regulation 3 (consultation)—

(a) in paragraph (3)—

(i) omit sub-paragraphs (d), (f) and (m); and

(ii) after sub-paragraph (e) insert—

“(ea) Clinical commissioning groups;

(eb) The National Health Service Commissioning Board;”; and

(b) in Table 1—

(i) omit the entry relating to The Commission for Architecture and the Built Environment;

(ii) in the entry relating to the Health Protection Agency—

(aa) in column 1 for “The Health Protection Agency” substitute “Public Health England, an executive agency of the Department of Health”; and

(bb) in column 2 for “relating to” substitute “likely to involve” and after “people” insert “and likely to affect significantly public health”; and

(iii) after the final entry insert two new entries—

“local health board	Where a NPS is likely to affect Wales
The National Health Service Trusts	Where a NPS is likely to affect Wales”

Amendments to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

3.—(1) The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(8) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “appointed person” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006 (effect of grant of application);”;

(b) after the definition of “land plan” insert—

““local health board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (local health boards);”;

(c) after the definition of “marine area” insert—

““Marine Management Organisation” has the same meaning as in section 1 of the Marine and Coastal Access Act 2009 (the Marine Management Organisation)(9);

“National Health Service Commissioning Board” has the same meaning as in section 1H of the National Health Service Act 2006 (the National Health Service Commissioning Board and its general functions);

“National Health Service Trusts” means the National Health Service Trusts established under section 18 of the National Health Service (Wales) Act 2006 (NHS Trusts)”;

(d) omit the definitions of—

(i) “regional development agency”;

(ii) “Regional Planning Body”;

(iii) “responsible regional authority”; and

(iv) “Strategic Health Authority”; and

(e) in respect of projects in England only omit the definition of “local resilience forum”.

(3) In the table in Schedule 1—

(a) in column 1 (consultee)—

(i) for “The relevant Strategic Health Authority” substitute “The National Health Service Commissioning Board and the relevant clinical commissioning group”;

(ii) in respect of projects in England only before “AONB Conservation Boards” insert “relevant”; and

(iii) for “The Marine and Fisheries Agency” substitute “The Marine Management Organisation”;

(b) in the entry relating to the Health Protection Agency—

(i) in column 1 for “The Health Protection Agency” substitute “Public Health England, an executive agency of the Department of Health”; and

(ii) in columns 2 and 3 after “people” insert “and likely to affect significantly public health”;

(c) omit the entries relating to—

(i) the relevant responsible regional authority;

(ii) the relevant Regional Planning Body;

(iii) the Commission for Architecture and the Built Environment;

(iv) the relevant Regional Development Agency; and

(v) the Commission for Sustainable Development;

(d) in respect of projects in England only omit the entries relating to—

(i) the Equality and Human Rights Commission;

(ii) the Scottish Human Rights Commission;

(iii) the Homes and Communities Agency;

(iv) the Scottish Fisheries Protection Agency;

(v) the Passengers Council;

(vi) the Disabled Persons Transport Advisory Committee;

(vii) the Office of Rail Regulation and approved operators;

(viii) the Gas and Electricity Markets Authority;

(ix) the Water Services Regulation Authority;

(x) the Water Industry Commission of Scotland;

(xi) the relevant waste regulation authority; and

(xii) the relevant local resilience forum;

(e) after the final entry insert two new entries—

“The relevant local health board	All proposed applications likely to affect land in Wales	All applications likely to affect land in Wales
The National Health Service Trusts	All proposed applications likely to affect land in Wales	All applications likely to affect land in Wales”

(f) in respect of projects in England only after the final entry insert a new entry—

“The Secretary of State for Defence

All proposed applications likely to affect current or future operation of a site identified in a safeguarding map and all developments in the marine area

All applications likely to affect current or future operation of a site identified in a safeguarding map and all developments in the marine area”

(g) in respect of projects in England only in the Note to Table—

(i) for “Note” substitute “Notes”;

(ii) before ““relevant”” insert “(a)”;

(iii) omit “or has responsibility for an area which neighbours that location”; and

(iv) after the note insert a new note—

“(b) “safeguarding map” has the meaning given in a direction made by the Secretary of State in exercise of the powers conferred by articles 16(4), 25(1), 29(6) and 39 of the Town and Country Planning (Development Management Procedure)(England) Order 2010(10).”.

Amendments to the Infrastructure Planning (Interested Parties) Regulations 2010

4.—(1) The Infrastructure Planning (Interested Parties) Regulations 2010(11) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “application” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006 (effect of grant of application);”;

(b) after the definition of “issue-specific hearing” insert—

““local health board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (local health boards);”;

(c) after the definition of “local resilience forum” insert—

““marine area” means—

(a)

waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)

an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)

a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)

an area designated under section 1(7) of the Continental Shelf Act 1964 (exploration and exploitation of continental shelf)(12), except any part of that area which is within part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions;

“Marine Management Organisation” has the same meaning as in section 1 of the Marine and Coastal Access Act 2009 (the Marine Management Organisation);

“National Health Service Commissioning Board” has the same meaning as in section 1H of the National Health Service Act 2006 (the National Health Service Commissioning Board and its general functions);

“National Health Service Trusts” means the National Health Service Trusts established under section 18 of the National Health Service (Wales) Act 2006 (NHS Trusts);”;

(d) omit the definitions of—

(i) “Regional Development Agency”;

(ii) “Regional Planning Body”; and

(iii) “Strategic Health Authority”; and

(e) in respect of projects in England only omit the definitions of—

(i) “the Homes and Communities Agency”;

(ii) “local resilience forum”.

(3) In the table in the Schedule (table of statutory parties to the examination of an application)—

(a) in column 1 (statutory party)—

(i) for “The relevant Strategic Health Authority” substitute “The National Health Service Commissioning Board and the relevant clinical commissioning group”;

(ii) in respect of projects in England only before “AONB Conservation Boards” insert “relevant”; and

(iii) for “The Marine and Fisheries Agency” substitute “The Marine Management Organisation”;

(b) in the entry relating to the Health Protection Agency—

(i) in column 1 for “The Health Protection Agency” substitute “Public Health England, an executive agency of the Department of Health”; and

(ii) in column 2 after “people” insert “and likely to affect significantly public health”;

(c) omit the entries applicable to—

(i) the relevant Regional Planning Body;

(ii) the Commission for Architecture and the Built Environment;

(iii) the relevant Regional Development Agency; and

(iv) the Commission for Sustainable Development;

(d) in respect of projects in England only omit the entries applicable to—

(i) the Equality and Human Rights Commission;

(ii) the Scottish Human Rights Commission;

(iii) the Homes and Communities Agency;

(iv) the Scottish Fisheries Protection Agency;

(v) the Passengers’ Council;

(vi) the Disabled Persons Transport Advisory Committee;

(vii) the Office of Rail Regulation and approved operators;

(viii) the Gas and Electricity Markets Authority;

(ix) the Water Services Regulation Authority;

(x) the Water Industry Commission of Scotland;

(xi) the relevant waste regulation authority; and

(xii) the relevant local resilience forum;

(e) after the final entry insert two new entries—

“The relevant local health board	All applications likely to affect land in Wales
The National Health Service Trusts	All applications likely to affect land in Wales”

(f) in respect of projects in England only after the final entry insert a new entry—

“The Secretary of State for Defence

All applications likely to affect current or future operation of a site identified in a safeguarding map and all developments in the marine area”

(g) in respect of projects in England only in the Note to Table—

(i) for “Note” substitute “Notes”;

(ii) before ““relevant”” insert “(a)”;

(iii) omit “or has responsibility for an area which neighbours that location”; and

(iv) after the note insert a new note—

“(b) “safeguarding map” has the meaning given in a direction made by the Secretary of State in exercise of the powers conferred by articles 16(4), 25(1), 29(6) and 39 of the Town and Country Planning (Development Management Procedure)(England) Order 2010.”.

Amendments to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010

5.—(1) The Infrastructure Planning (Compulsory Acquisition) Regulations 2010(13) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “book of reference” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006 (effect of grant of application);”;

(b) after the definition of “land” insert—

““local health board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (local health boards);”;

(c) after the definition of “marine area” insert—

““Marine Management Organisation” has the same meaning as in section 1 of the Marine and Coastal Access Act 2009 (the Marine Management Organisation);

“National Health Service Commissioning Board” has the same meaning as in section 1H of the National Health Service Act 2006 (the National Health Service Commissioning Board and its general functions);

“National Health Service Trusts” means the National Health Service Trusts established under section 18 of the National Health Service (Wales) Act 2006 (NHS Trusts);”;

(d) omit the definitions of—

(i) “Regional Development Agency”;

(ii) “Regional Planning Body”; and

(iii) “Strategic Health Authority”; and

(e) in respect of projects in England only omit the definitions of—

(i) “the Homes and Communities Agency”; and

(ii) “local resilience forum”.

(3) In Schedule 2 in the table (table of persons to be notified of the proposed provision)—

(a) in column 1 (persons)—

(i) for “The relevant Strategic Health Authority” substitute “The National Health Service Commissioning Board and the relevant clinical commissioning group”;

(ii) in respect of projects in England only before “AONB Conservation Boards” insert “relevant”; and

(iii) for “The Marine and Fisheries Agency” substitute “The Marine Management Organisation”;

(b) in the entry relating to the Health Protection Agency—

(i) in column 1 for “The Health Protection Agency” substitute “Public Health England, an executive agency of the Department of Health”; and

(ii) in column 2 after “people” insert “and likely to affect significantly public health”;

(c) omit the entries applicable to the following—

(i) the relevant Regional Planning Body;

(ii) the Commission for Architecture and the Built Environment;

(iii) the relevant Regional Development Agency; and

(iv) the Commission for Sustainable Development;

(d) in respect of projects in England only omit the entries applicable to—

(i) the Equality and Human Rights Commission;

(ii) the Scottish Human Rights Commission;

(iii) the Homes and Communities Agency;

(iv) the Scottish Fisheries Protection Agency;

(v) the Passengers’ Council;

(vi) the Disabled Persons Transport Advisory Committee;

(vii) the Office of Rail Regulation and approved operators;

(viii) the Gas and Electricity Markets Authority;

(ix) the Water Services Regulation Authority;

(x) the Water Industry Commission of Scotland;

(xi) the relevant waste regulation authority; and

(xii) the relevant local resilience forum;

(e) after the final entry insert two new entries—

“The relevant local health board	All proposed provisions likely to affect land in Wales
The National Health Service Trusts	All proposed provisions likely to affect land in Wales”

(f) in respect of projects in England only after the final entry insert a new entry—

“The Secretary of State for Defence

All proposed provisions likely to affect current or future operation of a site identified in a safeguarding map and all developments in the marine area”

(g) in respect of projects in England only in the Note to Table—

(i) for “Note” substitute “Notes”;

(ii) before ““relevant”” insert “(a)”; and

(iii) after the note insert a new note—

“(b) “safeguarding map” has the meaning given in a direction made by the Secretary of State in exercise of the powers conferred by articles 16(4), 25(1), 29(6) and 39 of the Town and Country Planning (Development Management Procedure)(England) Order 2010.”.

Amendments to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011

6.—(1) The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011(14) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “application” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”;

(b) after the definition of “the land” insert—

““local health board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (local health boards);”;

(c) after the definition of “local resilience forum” insert—

““marine area” means—

(a)

waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)

an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)

a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)

an area designated under section 1(7) of the Continental Shelf Act 1964 (exploration and exploitation of continental shelf), except any part of that area which is within part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions;”;

(d) after the definition of “Marine Management Organisation” insert—

““National Health Service Commissioning Board” has the same meaning as in section 1H of the National Health Service Act 2006 (the National Health Service Commissioning Board and its general functions);

“National Health Service Trusts” means the National Health Service Trusts established under section 18 of the National Health Service (Wales) Act 2006 (NHS Trusts);”;

(e) omit the definitions of—

(i) “regional development agency”; and

(ii) “Strategic Health Authority”; and

(f) in respect of projects in England only omit the definition of “local resilience forum”.

(3) In the table in Schedule 1 (consultation and notification)—

(a) in column 1 (consultee)—

(i) for “The relevant Strategic Health Authority” substitute “The National Health Service Commissioning Board and the relevant clinical commissioning group”; and

(ii) in respect of projects in England only before “AONB Conservation Boards” insert “relevant”;

(b) in the entry relating to the Health Protection Agency—

(i) in column 1 for “The Health Protection Agency” substitute “Public Health England, an executive agency of the Department of Health”; and

(ii) in columns 2 and 3 after “people” insert “and likely to affect significantly public health”;

(c) omit the entries applicable to the following—

(i) the Commission for Architecture and the Built Environment;

(ii) the relevant Regional Development Agency; and

(iii) the Commission for Sustainable Development;

(d) in respect of projects in England only omit the entries applicable to the following—

(i) the Equality and Human Rights Commission;

(ii) the Scottish Human Rights Commission;

(iii) the Homes and Communities Agency;

(iv) Passenger Focus;

(v) the Disabled Persons Transport Advisory Committee;

(vi) the Office of Rail Regulation and approved operators;

(vii) the Gas and Electricity Markets Authority;

(viii) the Water Services Regulation Authority;

(ix) the Water Industry Commission of Scotland;

(x) the relevant waste regulation authority; and

(xi) the relevant local resilience forum;

(e) after the final entry insert two new entries—

“The relevant local health board	All proposed applications likely to affect land in Wales	All applications likely to affect land in Wales
The National Health Service Trusts	All proposed applications likely to affect land in Wales	All applications likely to affect land in Wales”

(f) in respect of projects in England only after the final entry insert a new entry—

“The Secretary of State for Defence

All proposed applications likely to affect current or future operation of a site identified in a safeguarding map and all developments in the marine area

All applications likely to affect current or future operation of a site identified in a safeguarding map and all developments in the marine area”

(g) in respect of projects in England only in the Note to Table—

(i) for “Note” substitute “Notes”;

(ii) before ““relevant”” insert “(a)”;

(iii) omit “or has responsibility for an area which neighbours that location”; and

(iv) after the note insert a new note—

“(b) “safeguarding map” has the meaning given in a direction made by the Secretary of State in exercise of the powers conferred by articles 16(4), 25(1), 29(6) and 39 of the Town and Country Planning (Development Management Procedure)(England) Order 2010.”.

Transitional and savings

7.—(1) Where, before 6th April 2013, the Secretary of State has been notified under section 46 of the Planning Act 2008(15) in relation to an application or proposed application for an order granting development consent, then—

(a) for the purposes of regulations 3 (prescribed consultees) and 8(1) (notice of accepted application) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009, the amendments made by regulation 3; and

(b) the amendments made by regulation 4,

shall not apply to that application or proposed application.

(2) Where, before 6th April 2013, in relation to an application or proposed application for an order granting development consent —

(a) notification has been given to the Secretary of State under regulation 6(1)(b) (procedure for establishing whether environmental impact assessment is required) of the 2009 Regulations; or

(b) a request has been made to the Secretary of State under regulation 8(1) (application for a scoping opinion) of the 2009 Regulations,

the amendments made by regulation 3 shall not apply to the definition of “the consultation bodies” in regulation 2 of the 2009 Regulations in respect of that application or proposed application.

Signed by authority of the Secretary of State

Nick Boles

Parliamentary Under Secretary of State

Department for Communities and Local Government

6th March 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend five statutory instruments relating to major infrastructure—

(a) The Infrastructure Planning (National Policy Statement Consultation) Regulations 2009 (regulation 2),

(b) The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (regulation 3),

(c) The Infrastructure Planning (Interested Parties) Regulations 2010 (regulation 4),

(d) The Infrastructure Planning (Compulsory Acquisition) Regulations 2010 (regulation 5), and

(e) The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (regulation 6).

The amendments update the lists of bodies contained in those Regulations to—

(a) remove bodies which no longer exist,

(b) remove certain other bodies,

(c) replace bodies where other bodies have taken over functions or where a body has changed its name,

(d) change the circumstances in which certain bodies are to be contacted, and

(e) insert certain new bodies.

Certain amendments apply to nationally significant infrastructure projects in England only, while others apply to all projects.

Transitional and savings provisions in regulation 7 provide that the amendments contained in these Regulations will not apply to certain applications or proposed applications for orders granting development consent.

In the case of an application or proposed application which has been notified to the Secretary of State under section 46 of the Planning Act 2008 before 6th April 2013, the amendments made to the Infrastructure Planning (Interested Parties) Regulations 2010 will not apply to that application or proposed application and the amendments to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 will not apply to that application for the purposes of regulations 3 and 8 of those regulations, which prescribe bodies to be consulted and notified.

For the purposes of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009, the amendments made by these regulations to the definition of “consultation bodies” (which is defined by reference to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 do not apply to any application or proposed application which has been notified to the Secretary of State under regulation 6, or about which a request has been made to the Secretary of State under regulation 8, before 6th April 2013.

No Impact Assessment has been prepared for these Regulations but an Impact Assessment was published as part of the original consultation and is available at www.gov.uk/government/consultations/nationally-significant-infrastructure-planning-expanding-and-improving-the-one-stop-shop-approach-for-consents.

(1)

2008 c. 29. Section 42 was amended by section 23(1) and (2) of the Marine and Coastal Access Act 2009 (c. 23); section 56 was amended by section 23(1) and (5) of the Marine and Coastal Access Act 2009 (c. 23) and section 128(2), 138(1) and (2) of, and paragraphs 1 and 14 of Schedule 13 to, the Localism Act 2011 (c. 20); section 102(4) was amended by section 128(2) of, and paragraphs 1 and 47 of Schedule 13 to, the Localism Act 2011; section 114(2) was amended by section 128(2) to, and paragraphs 1 and 55 of Schedule 13 to, the Localism Act 2011; paragraphs 2 and 4 of Schedule 6 were amended by section 128(2) of, and paragraphs 1 and 72 of Schedule 13 to, the Localism Act 2011 and section 112(1) of, and paragraph 4 of Schedule 8 to, the Marine and Coastal Access Act 2009 .

(2)

S.I. 2009/2263; amended by S.I. 2012/635 and S.I. 2012/787. There are other amending instruments but none are relevant to these Regulations.

(3)

S.I. 2009/1302; amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/2654 (coming into force on 1st April 2013) and S.I. 2012/2732.

(4)

2006 c. 41. Section 14D was inserted by section 25 of the Health and Social Care Act 2012 (c. 7).

(5)

2006 c. 42.

(6)

2006 c. 41. Section 1H was inserted by section 9(1) of the Health and Social Care Act 2012 (c. 7).

(7)

2006 c. 42.

(8)

S.I. 2009/2264; amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654 (coming into force on 1st April 2013) and S.I. 2012/2732.

(9)

2009 c. 23.

(10)

S.I. 2010/2184. There are amendments but none are relevant to these Regulations.

(11)

S.I. 2010/102; amended by S.I. 2012/635, S.I. 2012/2654 (coming into force on 1st April 2013) and S.I. 2012/2732.

(12)

1964 c. 29. Section 1(7) was amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas Enterprise Act 1982 (c. 23) and by section 103 of the Energy Act 2011 (c. 16).

(13)

S.I. 2010/104; amended by S.I. 2011/2055, S.I. 2012/635, S.I. 2012/2654 (coming into force on 1st April 2013) and S.I. 2012/2372.

(14)

S.I. 2011/2055; amended by S.I. 2012/635, S.I. 2012/2654 (coming into force on 1st April 2013) and S.I. 2012/2732

(15)

2008 c. 29. Section 46 was amended by section 128(2) of, and paragraphs 1 and 8 of Schedule 13 to, the Localism Act 2011 (c. 20).