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
”