Planning Act 2008

Valid from 26/11/2008

Valid from 01/10/2009

Section 1

SCHEDULE 1 E+W+S The Infrastructure Planning Commission

Membership, chair and deputies E+W+S

1 (1) The members of the Commission (“Commissioners”) are to be— E+W+S

(a) a person appointed by the Secretary of State to chair the Commission (“the chair”),

(b) at least two persons appointed by the Secretary of State as deputies to the chair (“deputies”), and

(c) other Commissioners appointed by the Secretary of State.

(2) In appointing Commissioners, the Secretary of State must have regard to the desirability of securing that the Commission is able to perform its functions effectively and efficiently.

Terms of appointment E+W+S

2 E+W+S Subject to the other provisions of this Schedule, the chair, deputies and other Commissioners hold and vacate office as such in accordance with the terms of their appointments.

Tenure E+W+S

3 (1) The chair, or a deputy or other Commissioner, must be appointed for a fixed period. E+W+S

(2) The fixed period must not be less than 5 years or more than 8 years.

4 (1) A person may resign as the chair, or as a deputy or other Commissioner, by giving at least 3 months' notice in writing to the Secretary of State. E+W+S

(2) The Secretary of State may remove a person from office as the chair, or as a deputy or other Commissioner, if the Secretary of State is satisfied that—

(a) the person is unable or unwilling to perform the duties of the office,

(b) the person has been convicted of a criminal offence, or

(c) the person is otherwise unfit to perform the duties of the office.

(3) In deciding whether a Commissioner is unfit to perform the duties of the Commissioner's office, the Secretary of State must have regard to the provisions of the code of conduct issued under section 2.

(4) A person who holds or has held an office of one of the descriptions set out in sub-paragraph (6) may be re-appointed as a Commissioner, whether or not to an office of the same description.

(5) If a person who holds an office of one of those descriptions (“the first office”) becomes the holder of an office of another of those descriptions, the person ceases to hold the first office.

(6) The descriptions are—

(a) office as the chair;

(b) office as a deputy;

(c) office as one of the other Commissioners.

Remuneration etc. of Commissioners E+W+S

5 (1) The Commission must pay the Commissioners such remuneration and allowances as the Secretary of State may determine. E+W+S

(2) The Commission must—

(a) pay to or in respect of the Commissioners such pensions as the Secretary of State may determine, and

(b) pay such sums as the Secretary of State may determine in respect of the provision of pensions to or in respect of the Commissioners.

(3) The Commission may pay sums to the Commissioners in respect of expenses.

(4) Sub-paragraph (5) applies if—

(a) a person ceases to hold office as a Commissioner, and

(b) the Secretary of State thinks that there are special circumstances that make it right for the person to receive compensation.

(5) The Commission must pay the person such compensation as the Secretary of State may determine.

Council E+W+S

6 (1) There is to be a body of Commissioners to be known as the Commission's Council (“the Council”). E+W+S

(2) The members of the Council may be different for different purposes.

(3) Those purposes include (in particular)—

(a) the purpose of deciding a particular application referred under section 84;

(b) the purpose of responding to consultation about a matter.

(4) The members of the Council for any particular purpose are—

(a) the chair,

(b) each deputy, and

(c) the Commissioners appointed under paragraph 7 to be ordinary members of the Council for that purpose.

(5) The chair has the function of chairing the Council.

(6) The staff of the Commission have the function of providing or procuring support for members of the Council undertaking functions of the Council.

7 (1) The chair may appoint a Commissioner not within paragraph 6(4)(a) or (b) to be an ordinary member of the Council— E+W+S

(a) for a particular purpose or for particular purposes,

(b) for all purposes, or

(c) for all purposes other than any specified on making the appointment.

(2) The chair may at any time end a person's appointment as an ordinary member of the Council.

(3) A person may resign from being an ordinary member of the Council by giving notice in writing to the Commission.

(4) The power under sub-paragraph (2) may be exercised, and a person may under sub-paragraph (3) resign, in relation to all, or some one or more, of the purposes for which the person is an ordinary member of the Council.

(5) A person ceases to be an ordinary member of the Council if the person ceases to be a Commissioner.

(6) The power under sub-paragraph (1) is to be exercised so as to secure that the Council has for any particular purpose at least 5, but no more than 9, members in total.

(7) The Council's continuing identity for any particular purpose is to be taken not to be affected by—

(a) a person ceasing to be a member of the Council for that purpose, so long as there continue to be at least 5 people who are members of the Council for that purpose;

(b) any change in the person chairing the Council.

8 (1) Sub-paragraphs (2) and (3) apply to any function conferred or imposed on the chair by paragraph 6(5) or 7. E+W+S

(2) The chair may delegate the function to a deputy.

(3) If at any time there is (apart from this sub-paragraph) no-one who is able and available to carry the function, each deputy may carry out the function.

(4) A function delegated under sub-paragraph (2) may be delegated to such extent and on such terms as the chair determines.

9 (1) Before making or ending an appointment under paragraph 7, the person doing so must consult— E+W+S

(a) the other Commissioners who, for the purpose of responding to consultation about the matter, are members of the Council,

(b) any Commissioner not within paragraph (a) who the person thinks it appropriate to consult, and

(c) the chief executive of the Commission.

(2) In making or ending an appointment under paragraph 7, the person doing so must have regard to any views expressed about the matter—

(a) by any of the other Commissioners, or

(b) by the chief executive of the Commission.

10 (1) This paragraph applies where an application referred to the Council under section 84 relates to land in Wales (even if the application also relates to land not in Wales). E+W+S

(2) A person appointing Commissioners under paragraph 7(1) as ordinary members of the Council for the purpose of deciding the application must do so with a view to securing that, if reasonably practicable, at least one of the members of the Council for that purpose is—

(a) a Commissioner who was nominated for appointment as a Commissioner by the Welsh Ministers, or

(b) a Commissioner who is within sub-paragraph (3).

(3) A Commissioner is within this sub-paragraph if, when appointed to be a member of the Council, the Commissioner is one notified to the Commission by the Welsh Ministers as being a Commissioner who should be treated for the purposes of this paragraph as being a Commissioner within sub-paragraph (2)(a).

Chief executive and staff E+W+S

11 (1) The Secretary of State must appoint a person as the chief executive of the Commission. E+W+S

(2) The chief executive—

(a) is not to be a Commissioner, and

(b) is to be a member of the Commission's staff.

(3) The chief executive's terms and conditions of service are to be determined by the Secretary of State.

12 (1) The Commission may appoint such other staff as it thinks appropriate. E+W+S

(2) A member of the Commission's staff is not to be a Commissioner.

(3) Before the Commission appoints any staff, it must obtain the approval of the Secretary of State to the overall number of staff it proposes to appoint.

(4) The Commission must also obtain the approval of the Secretary of State to the terms and conditions of service of any staff it proposes to appoint.

13 E+W+S The terms and conditions of service of the chief executive and any other member of staff may include provision—

(a) for the payment of remuneration, allowances and sums in respect of expenses,

(b) for the payment to or in respect of the person of pensions or sums in respect of the provision of pensions, and

(c) for the payment to or in respect of the person of compensation for loss of employment or reduction of remuneration.

Arrangements for assistance E+W+S

14 (1) The Commission may make arrangements with such persons as it thinks appropriate for assistance to be provided to it. E+W+S

(2) The arrangements may include provision for the payment of fees.

Delegation E+W+S

15 (1) The Commission may delegate, to any one or more of the Commissioners, any of its functions under any of the following provisions— E+W+S

• section 37(4) or (5);

• section 50;

• section 52;

• section 53;

• section 55;

• section 109(4);

• section 136(5);

• in Schedule 3, paragraph 1(2);

• in Schedule 4, paragraphs 1 and 2(1);

• in Schedule 6, paragraphs 2, 3 and 4.

(2) The Commission may delegate any of its other functions to—

(a) any one or more of the Commissioners,

(b) the chief executive, or

(c) any other member of its staff.

(3) Functions delegated under sub-paragraph (1) or (2) may be delegated to such extent and on such terms as the Commission determines.

(4) References in this Act or any other enactment to the Commission, in connection with the exercise of any function of the Commission, are to be read, so far as necessary, as references to a person or body to whom the Commission has delegated the function under sub-paragraph (1) or (2).

16 (1) The chief executive may authorise (generally or specifically) any other member of the Commission's staff to do anything authorised or required to be done by the chief executive. E+W+S

(2) But sub-paragraph (1) does not apply to anything authorised or required to be done by the chief executive in relation to the certification of the annual accounts of the Commission.

Reports E+W+S

17 (1) In respect of each financial year the Commission must prepare a report relating to its performance of its functions during the year. E+W+S

(2) The report must—

(a) give details of any orders granting development consent made by the Commission during the year which have included provision authorising the compulsory acquisition of land or of an interest in or right over land, and

(b) deal with such matters as the Secretary of State may direct.

(3) The Commission must send the Secretary of State copies of the report as soon as practicable after the end of the financial year.

(4) The Commission must arrange for the report to be published in the manner it thinks appropriate.

(5) The Secretary of State must lay before Parliament a copy of every report sent under sub-paragraph (3).

(6) “Financial year” means—

(a) the period beginning with the day on which the Commission is established and ending with the following 31 March, and

(b) each successive period of 12 months.

18 (1) Sub-paragraph (2) applies if the Secretary of State asks the Commission to provide a report or information relating to an aspect of the Commission's performance of its functions. E+W+S

(2) The Commission must provide the Secretary of State with the report or information.

Funding E+W+S

19 (1) The Secretary of State may make such payments to the Commission as the Secretary of State thinks appropriate for the purpose of enabling the Commission to meet its expenses. E+W+S

(2) Payments under sub-paragraph (1) are to be made out of money provided by Parliament.

(3) Payments under sub-paragraph (1) are to be made at such times and subject to such conditions (if any) as the Secretary of State thinks appropriate.

Accounts E+W+S

20 (1) The Commission must keep accounts in such form as the Secretary of State directs. E+W+S

(2) The Commission must prepare annual accounts in respect of each financial year in such form as the Secretary of State directs.

(3) Before the end of such period following each financial year as the Secretary of State directs, the Commission must send a copy of the annual accounts for the year—

(a) to the Secretary of State, and

(b) to the Comptroller and Auditor General.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the annual accounts, and

(b) give a copy of the Comptroller and Auditor General's report to the Secretary of State.

(5) In respect of each financial year, the Secretary of State must lay before Parliament a document consisting of—

(a) a copy of the annual accounts for the year, and

(b) a copy of the Comptroller and Auditor General's report on the annual accounts.

(6) “Financial year” means—

(a) the period beginning with the day on which the Commission is established and ending with the following 31 March, and

(b) each successive period of 12 months.

Status E+W+S

21 (1) The Commission is not to be regarded— E+W+S

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The Commission's property is not to be regarded as property of or held on behalf of the Crown.

(3) The Commission's staff are not to be regarded as servants or agents of the Crown or as enjoying any status, immunity or privilege of the Crown.

Validity of proceedings E+W+S

22 E+W+S The validity of proceedings of the Commission or the Council is not affected by—

(a) a defect in the appointment of the chair, or a deputy, or any other Commissioner, or

(b) a vacancy in the office of the chair or a deputy or amongst the other Commissioners.

Application of seal and proof of instruments E+W+S

23 (1) The application of the Commission's seal is authenticated by the signature of a Commissioner, or a member of the Commission's staff, who has been authorised (generally or specifically) by the Commission for the purpose. E+W+S

(2) A document purporting to be duly executed under the seal of the Commission or to be signed on its behalf—

(a) is to be received in evidence, and

(b) is to be taken to be executed or signed in that way, unless the contrary is proved.

Parliamentary Commissioner E+W+S

24 E+W+S In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments etc. subject to investigation) at the appropriate place insert— “ Infrastructure Planning Commission. ”

Disqualification E+W+S

25 (1) In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified) at the appropriate place insert— “ The Infrastructure Planning Commission. ” E+W+S

(2) In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified) at the appropriate place insert— “ The Infrastructure Planning Commission. ”

Public records E+W+S

26 E+W+S In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records) in Part 2 of the Table at the end of paragraph 3 at the appropriate place insert— “ Infrastructure Planning Commission. ”

Freedom of information E+W+S

27 E+W+S In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other public bodies and offices: general) at the appropriate place insert— “ The Infrastructure Planning Commission. ”