SCHEDULES

SCHEDULE 13Infrastructure Planning Commission: transfer of functions to Secretary of State

PART 1Amendments of the Planning Act 2008

Deciding how application is to be handled

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(1)

Amend section 61 (initial choice of Panel or single Commissioner) as follows.

(2)

In subsection (1) (which refers to acceptance of an application by the Commission) for “Commission” substitute “ Secretary of State ”.

(3)

For subsections (2) to (5) (person appointed to chair Commission must make initial choice after consultation within the Commission and having regard to Secretary of State's guidance) substitute—

“(2)

The Secretary of State must decide whether the application—

(a)

is to be handled by a Panel under Chapter 2, or

(b)

is to be handled by a single appointed person under Chapter 3.

(3)

The Secretary of State must publish the criteria that are to be applied in making decisions under subsection (2).”

(4)

In the heading for “Commissioner” substitute “ appointed person ”.

19

(1)

Amend section 62 (switching from single Commissioner to Panel) as follows.

(2)

In subsection (1), and in the heading, for “Commissioner” substitute “ appointed person ”.

(3)

For subsections (2) to (5) (person appointed to chair Commission may make switch after consultation within the Commission and having regard to the Secretary of State's guidance) substitute—

“(2)

The Secretary of State may decide that the application should instead be handled by a Panel under Chapter 2.

(3)

The Secretary of State must publish the criteria that are to be applied in making decisions under subsection (2).”