The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013

Amendments to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011

6.—(1) The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “application” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”;

(b) after the definition of “the land” insert—

““local health board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (local health boards);”;

(c) after the definition of “local resilience forum” insert—

““marine area” means—

(a)

waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)

an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)

a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)

an area designated under section 1(7) of the Continental Shelf Act 1964 (exploration and exploitation of continental shelf), except any part of that area which is within part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions;”;

(d) after the definition of “Marine Management Organisation” insert—

““National Health Service Commissioning Board” has the same meaning as in section 1H of the National Health Service Act 2006 (the National Health Service Commissioning Board and its general functions);

“National Health Service Trusts” means the National Health Service Trusts established under section 18 of the National Health Service (Wales) Act 2006 (NHS Trusts);”;

(e) omit the definitions of—

(i) “regional development agency”; and

(ii) “Strategic Health Authority”; and

(f) in respect of projects in England only omit the definition of “local resilience forum”.

(3) In the table in Schedule 1 (consultation and notification)—

(a) in column 1 (consultee)—

(i) for “The relevant Strategic Health Authority” substitute “The National Health Service Commissioning Board and the relevant clinical commissioning group”; and

(ii) in respect of projects in England only before “AONB Conservation Boards” insert “relevant”;

(b) in the entry relating to the Health Protection Agency—

(i) in column 1 for “The Health Protection Agency” substitute “Public Health England, an executive agency of the Department of Health”; and

(ii) in columns 2 and 3 after “people” insert “and likely to affect significantly public health”;

(c) omit the entries applicable to the following—

(i) the Commission for Architecture and the Built Environment;

(ii) the relevant Regional Development Agency; and

(iii) the Commission for Sustainable Development;

(d) in respect of projects in England only omit the entries applicable to the following—

(i) the Equality and Human Rights Commission;

(ii) the Scottish Human Rights Commission;

(iii) the Homes and Communities Agency;

(iv) Passenger Focus;

(v) the Disabled Persons Transport Advisory Committee;

(vi) the Office of Rail Regulation and approved operators;

(vii) the Gas and Electricity Markets Authority;

(viii) the Water Services Regulation Authority;

(ix) the Water Industry Commission of Scotland;

(x) the relevant waste regulation authority; and

(xi) the relevant local resilience forum;

(e) after the final entry insert two new entries—

“The relevant local health board	All proposed applications likely to affect land in Wales	All applications likely to affect land in Wales
The National Health Service Trusts	All proposed applications likely to affect land in Wales	All applications likely to affect land in Wales”

(f) in respect of projects in England only after the final entry insert a new entry—

“The Secretary of State for Defence

All proposed applications likely to affect current or future operation of a site identified in a safeguarding map and all developments in the marine area

All applications likely to affect current or future operation of a site identified in a safeguarding map and all developments in the marine area”

(g) in respect of projects in England only in the Note to Table—

(i) for “Note” substitute “Notes”;

(ii) before ““relevant”” insert “(a)”;

(iii) omit “or has responsibility for an area which neighbours that location”; and

(iv) after the note insert a new note—

“(b) “safeguarding map” has the meaning given in a direction made by the Secretary of State in exercise of the powers conferred by articles 16(4), 25(1), 29(6) and 39 of the Town and Country Planning (Development Management Procedure)(England) Order 2010.”.

(1)

S.I. 2011/2055; amended by S.I. 2012/635, S.I. 2012/2654 (coming into force on 1st April 2013) and S.I. 2012/2732