Planning Act 2008

Section 113

SCHEDULE 3 Examination of applications by Secretary of State

Examination of matters by Commission: procedure

1 (1) This paragraph applies if—

(a) the Secretary of State gives a direction under section 112(1) in relation to an application, and

(b) for the purpose of the examination of the application under section 113(2)(a), the Secretary of State gives a direction under section 113(3)(a) for specified matters to be examined by the Commission.

(2) The Commission must secure that—

(a) an examination of the specified matters is conducted by a Panel or a single Commissioner, and

(b) a report is made by the Panel or Commissioner to the Secretary of State setting out the Panel or Commissioner’s findings and conclusions on those matters.

(3) The Panel or single Commissioner must—

(a) complete the examination under sub-paragraph (2)(a) by the end of the period specified by the Secretary of State, and

(b) report under sub-paragraph (2)(b) by the end of the period specified by the Secretary of State.

(4) The Secretary of State may direct that things done in connection with the examination of the application under Chapter 2 or 3 of Part 6 are to be treated as done in connection with the examination under sub-paragraph (2)(a).

(5) The following provisions of Part 6 apply in relation to the specified matters as if for references to an application for an order granting development consent there were substituted references to the specified matters —

(a) in Chapter 1, sections 61(2) to (5), 62 and 63;

(b) in Chapter 2, sections 64 (except subsection (1)(a)), 65 to 73, 74(2) to (4) and 75 to 77;

(c) in Chapter 3, sections 78 (except subsection (1)(a)), 79 to 82 and 83 (except subsection (2)(a));

(d) in Chapter 4, sections 86 to 97 and 99 to 102.

(6) As applied by sub-paragraph (5), those provisions apply—

(a) with any necessary modifications, and

(b) with such other modifications as may be prescribed.

Examination of matters by Secretary of State: procedure

2 (1) This paragraph applies if—

(a) the Secretary of State gives a direction under section 112(1) in relation to an application, and

(b) for the purpose of the examination of the application under section 113(2)(a), the Secretary of State is to conduct an examination of any matters under section 113(3)(b).

(2) It is for the Secretary of State to decide how to conduct the examination under section 113(3)(b).

(3) The Secretary of State may in particular decide that all or part of the examination is to take the form of—

(a) consideration of written representations;

(b) consideration of oral representations at a hearing.

(4) The Secretary of State may treat things done in connection with the examination of the application under Chapter 2 or 3 of Part 6 as done in connection with the examination under section 113(3)(b).

(5) Sub-paragraph (6) applies if—

(a) the direction under section 112(1) is given by virtue of section 110,

(b) the Secretary of State has decided that all or part of the examination is to take the form of consideration of oral representations at a hearing, and

(c) the Secretary of State is satisfied that—

(i) the making of particular representations at the hearing would be likely to result in the disclosure of information as to defence or national security, and

(ii) the public disclosure of that information would be contrary to the national interest.

(6) The Secretary of State may direct that representations of a specified description may be made only to persons of a specified description (instead of being made in public).

(7) “Specified” means specified in the direction.

(8) The Secretary of State’s powers under sub-paragraphs (2) to (4) are subject to—

(a) sub-paragraphs (5) to (7), and

(b) any rules made under paragraph 3.

(9) In this paragraph “representation” includes evidence.

Rules

3 (1) The Lord Chancellor or (if sub-paragraph (2) applies) the Secretary of State, after consultation with the Administrative Justice and Tribunals Council, may make rules regulating the procedure to be followed in connection with the Secretary of State’s examination of an application under section 113.

(2) This sub-paragraph applies if the development to which the application relates (or part of the development) is the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line—

(a) one end of which is in England or Wales, and

(b) the other end of which is in Scotland.

(3) Rules under sub-paragraph (1) may make provision for or in connection with authorising the Secretary of State, alone or with others, to enter onto land, including land owned or occupied otherwise than by the applicant, for the purpose of inspecting the land as part of the Secretary of State’s examination.

(4) Rules under sub-paragraph (1) may regulate procedure in connection with matters preparatory to the Secretary of State’s examination, and in connection with matters subsequent to the examination, as well as in connection with the conduct of the examination.

(5) Power under this paragraph to make rules includes power to make different provision for different purposes.

(6) Power under this paragraph to make rules is exercisable by statutory instrument.

(7) A statutory instrument containing rules under this paragraph is subject to annulment pursuant to a resolution of either House of Parliament.

Appointed representatives

4 (1) Sub-paragraph (2) applies if the Secretary of State gives a direction under paragraph 2(6) for representations of a specified description to be made only to persons of a specified description (instead of being made in public).

(2) The Attorney General or (where the representations are to be made in Scotland) the Advocate General for Scotland may appoint a person (an “appointed representative”) to represent the interests of an interested party who (by virtue of the direction) is prevented from being present when the representations are made.

(3) “Interested party” means a person who is an interested party in relation to the application for the purposes of Chapter 4 of Part 6 (see section 102).

(4) Rules under paragraph 3 may make provision as to the functions of an appointed representative.

(5) The Secretary of State may direct a person (a “responsible person”) to pay the fees and expenses of an appointed representative, if the Secretary of State thinks that the responsible person is interested in the hearing in relation to any representations that are the subject of the direction under paragraph 2(6).

(6) If the Secretary of State gives a direction under sub-paragraph (5) and the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.

(7) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person, or determined by the Secretary of State, to be certified.

(8) An amount so certified is recoverable from the responsible person as a civil debt.