The Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015

Regulation 3

SCHEDULE 1 Statutory Parties

Column 1: Statutory Party	Column 2: Circumstances
AONB Conservation Board; or relevant AONB Conservation Board(1)	All applications likely to affect an AONB in Scotland or a relevant AONB in England that is managed by a Conservation Board
British Waterways Board(2)	All applications likely to have an impact on inland waterways or land adjacent to inland waterways in Scotland
Canal & River Trust	All applications likely to have an impact on inland waterways or land adjacent to inland waterways in England and Wales
Civil Aviation Authority	All applications relating to airports or which are likely to affect an airport or its current or future operation
Coal Authority	All applications that lie within areas of past, present or future coal mining
Crown Estate Commissioners	All applications likely to impact on the Crown Estate
Disabled Persons Transport Advisory Committee *	Applications likely to affect access to transport for disabled people
Environment Agency	All applications likely to affect land in England
Equality and Human Rights Commission *(2)	All applications likely to affect land in England and Wales
Forestry Commission	All applications likely to affect the protection or expansion of forests and woodlands in England or Scotland
Gas and Electricity Markets Authority *	All applications likely to affect gas and electricity industry
Health and Safety Executive	All cases
Historic England(3)	All applications likely to affect land in England
Integrated Transport Authorities (ITAs)(4) and Passenger Transport Executives (PTEs)(5)	All applications likely to affect transport within, to or from the relevant integrated transport area of the ITA or PTE
Joint Nature Conservation Committee	All applications likely to affect the marine Environment
Marine Management Organisation	All applications likely to affect the marine area in England and Wales
Maritime and Coastguard Agency	All applications likely to affect the maritime or coastal environment, or the shipping industry
National Health Service Commissioning Board(6) and the relevant clinical commissioning group	All applications likely to affect land in England and Wales
National Health Service Trust(7)	All applications likely to affect land in Wales
Natural England	All applications likely to affect land in England
Natural Resources Body for Wales	All applications likely to affect land in Wales and all applications likely to affect the protection or expansion of forests and woodlands in Wales
Office for Nuclear Regulation (ONR)(8)	All applications likely to affect matters relevant to the ONR’s purposes within the meaning of Part 3 of the Energy Act 2013(9)
Office of Rail Regulation and approved operators(10)*	All proposed applications likely to affect the rail transport industry
Passengers Council *	Applications likely to affect rail passenger transport
Public Health England, an executive agency of the Department of Health	All applications likely to involve chemicals, poisons or radiation which could potentially cause harm to people and are likely to affect significantly public health
relevant fire and rescue authority*	All cases
relevant Health Board(11)	All applications likely to affect land in Scotland
relevant Highways Authority	All applications likely to have an impact on the road network or the volume of traffic in the vicinity of the proposal
relevant internal drainage board	All applications likely to increase the risk of flooding in that area or where the proposals relate to an area known to be an area of flood risk
relevant local health board	All applications likely to affect land in Wales
relevant local resilience forum*	All cases
relevant Northern Ireland Department	All applications likely to affect land in Northern Ireland
relevant parish council or where the application relates to land in Wales or Scotland the relevant community council	All cases
relevant police and crime commissioner	Applications in England outside of London and Wales
relevant police authority	Applications in London and Scotland
Relevant statutory undertakers(12)	All applications likely to affect their functions as statutory undertakers
relevant strategic highways company(13)	All applications likely to affect road or transport operation and/or planning on roads for which the strategic highways company is the highway authority
relevant waste regulation authority*	All applications likely to affect waste infrastructure
Royal Commission on Ancient and Historical Monuments of Wales	All applications likely to affect the historic environment in Wales
Scottish Environment Protection Agency	All applications likely to affect land in Scotland
Scottish Fisheries Protection Agency*	Applications likely to affect the fisheries industry in Scotland
Scottish Government	All applications likely to affect land in Scotland
Scottish Human Rights Commission*	All applications likely to affect land in Scotland
Scottish Natural Heritage	All applications likely to affect land in Scotland
Secretary of State for Defence	Applications in England likely to affect the current or future operation of a site identified in a safeguarding map and all developments in the marine area
Secretary of State for Transport	All applications likely to affect road or transport operation and/or planning on roads for which the Secretary of State for Transport is the highway authority
Transport for London	All applications likely to affect transport within, to or from Greater London
Trinity House(14)	All applications likely to affect navigation in tidal waters
Water Industry Commission of Scotland*	All applications likely to affect the water industry in Scotland
Water Services Regulation Authority*	All applications likely to affect the water industry in England and Wales
Welsh Ministers	All applications likely to affect land in Wales

Interpretation of table

(a) “relevant”, in relation to a body, shall mean the body which has responsibility for the location where the proposed nationally significant infrastructure project will be sited; or in relation to Scotland and Wales only, has responsibility for an area which neighbours that location; and

(b) Where an entry in the table is marked with an asterisk “*”, the body referred to is not a statutory party in respect of projects in England, in accordance with regulation 3(2).

(1)

“AONB Conservation Board” means a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000 (establishment of conservation boards) 2000 (c.37 ); Section 86 was amended by sections 118(2) and 120 of, and paragraph 23 of Schedule 7, and by Schedule 9 to, the Planning and Compulsory Purchase Act 2004 (c.5); by section 105(1) of, and paragraph 164(c) of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c.16) and by article 4(1) of, and paragraphs 400 and 408 of Schedule 2 to, S.I. 2013/755.

(2)

On 2 July 2012, British Waterways Board ceased to exist in England and Wales and in its place Canal & River Trust was set up. In Scotland British Waterways Board continues to exist as a legal entity under the trading name “Scottish Canals”.

(3)

Historic England is the name used by the Historic Buildings and Monuments Commission for England.

(4)

“Integrated Transport Authority” has the same meaning as in section 77 of the Local Transport Act 2008 (change of name of passenger transport authorities and PTAs) 2008 (c.26).

(5)

“Passenger Transport Executive” has the same meaning as in section 9 of the Transport Act 1968 (Areas, Authorities and Executives)1968 (c. 73). Section 9 was amended by the Local Transport Act 2008 (c.26) section s 77(5), 98(4), section 131,Schedule 4, Part 1, paragraph 1, 2(1), 3, 4(2),5, 6,7, 8,9, 11(b), Schedule 7, Part 4 ;The Transport Act 1985 (c.67), section 57(1)(a),(b),(d),(6),section 58(1),(2)(a)(i),(b),section 139(3), Schedule 3, Paragraph 3, Schedule 8; the Local Government etc (Scotland) Act 1994 (c.39), section 180(1), Schedule 13, paragraph 80(1),(2)(a), (b), Schedule 18, paragraph 1(f); and, S.I. 2014/866 .

(6)

“National Health Service Commissioning Board” has the same meaning as in section 1H of the National Health Services Act 2006 (c.46)(the National Health Service Commissioning Board and its general functions). Section 1H was inserted by section 9(1) of the Health and Social Care Act 2012 (c.7).

(7)

“National Health Service Trust” means a National Health Service Trust established under section 18 (NHS Trusts) of the National Health Service (Wales) Act 2006 (c.42).

(8)

“Office for Nuclear Regulation” means the body established by section 77 of the Energy Act 2013 (The Office for Nuclear Regulation)(c32 ).

(9)

2013. c.32. See section 67 of the Act.

(10)

See section 25 of the Act for the definition of “approved operators”.

(11)

“Health Board” has the same meeting as in section 2 of the National Health Service (Scotland) Act 1978 (c.29 ).Section 2 was amended by the National Health Service Reform (Scotland) Act 2004 asp 7, Schedule 1paragraph 1(2); the Smoking, Health and Social Care (Scotland) Act 2005 asp 13, Schedule 2 para. 2(2); the National Health Service and Community Care Act 1990 (c. 19), Schedule 10 paragraph 1; and further amended by the Health Boards (Membership and Elections) (Scotland) Act 2009 asp 5, section 2(1).

(12)

“statutory undertaker” has the same meaning as in section 127 of the Act (statutory undertakers’ land).

(13)

“strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015 (c.7).

(14)

“Trinity House” means the Corporation of Trinity House of Deptford Strond.