Localism Act 2011

3 (1) Amend section 4 (regulations setting fees for performance of Commission's functions) as follows. E+W

(2) In subsection (1) for “charging of fees by the Commission in connection with the performance of any of its functions” substitute “ charging of fees by the Secretary of State in connection with the performance of any of the Secretary of State's major-infrastructure functions ”.

(3) In subsection (3) (power to set fees calculated by reference to costs incurred)—

(a) for “incurred by the Commission” substitute “ incurred by the Secretary of State ”, and

(b) for “its functions” (in both places) substitute “ the Secretary of State's major-infrastructure functions ”.

(4) After subsection (3) insert—

“(4) In this section “the Secretary of State's major-infrastructure functions” means—

(a) the Secretary of State's functions under Parts 2 to 8 and under Part 12 so far as applying for the purposes of those Parts,

(b) the giving of advice to which section 51 applies, and

(c) the Secretary of State's functions, in relation to proposed applications for orders granting development consent, under statutory provisions implementing—

(i) Council Directive 85/337/EC on the assessment of the effects of certain public and private projects on the environment, as amended from time to time, or

(ii) provisions of an EU instrument which from time to time replace provisions of that Directive.

(5) In subsection (4)(c) “statutory provision” means a provision of an Act or of an instrument made under an Act.”

(5) In the heading of Part 1 for “The Infrastructure Planning Commission” substitute “ Infrastructure planning: fees ”.

Commencement Information

I1 Sch. 13 para. 3 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 2(a)

I2 Sch. 13 para. 3 in force at 1.4.2012 in so far as not already in force by S.I. 2012/628, art. 7(a)