SCHEDULES

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

PART 1Amendments of the Planning Act 2008

Decisions on applications

I149

1

Amend section 104 (decisions of Panel and Council) as follows.

2

In subsection (1) for “the decision-maker is a Panel or the Council” substitute “ a national policy statement has effect in relation to development of the description to which the application relates ”.

3

In subsection (2)—

a

for “Panel or Council” (in both places) substitute “ Secretary of State ”,

b

in paragraph (b) for “Commission” substitute “ Secretary of State ”, and

c

in paragraph (d) for “its” substitute “the Secretary of State's”.

4

In subsections (3) and (4) for “Panel or Council” substitute “ Secretary of State ”.

5

In subsection (5)—

a

for “Panel or Council is” substitute “ Secretary of State is ”, and

b

for “Panel or Council, or the Commission, being in breach of any duty imposed on it” substitute “ Secretary of State being in breach of any duty imposed on the Secretary of State ”.

6

In subsections (6), (7) and (8) for “Panel or Council” substitute “ Secretary of State ”.

7

For the heading substitute “ Decisions in cases where national policy statement has effect ”