SCHEDULES
SCHEDULE 13Infrastructure Planning Commission: transfer of functions to Secretary of State
PART 1Amendments of the Planning Act 2008
Decisions on applications
I148
1
Amend section 103 as follows.
2
In subsection (1) (cases where Secretary of State is the decision-maker) omit the words after “consent”.
3
Omit subsection (2) (meaning in Act of “decision-maker”).
4
For the heading substitute “
Secretary of State is to decide applications
”
.
I249
1
Amend section 104 (decisions of Panel and Council) as follows.
2
In subsection (1) for “the decision-maker is a Panel or the Council” substitute “
a national policy statement has effect in relation to development of the description to which the application relates
”
.
3
In subsection (2)—
a
for “Panel or Council” (in both places) substitute “
Secretary of State
”
,
b
in paragraph (b) for “Commission” substitute “
Secretary of State
”
, and
c
in paragraph (d) for “its” substitute “the Secretary of State's”.
4
In subsections (3) and (4) for “Panel or Council” substitute “
Secretary of State
”
.
5
In subsection (5)—
a
for “Panel or Council is” substitute “
Secretary of State is
”
, and
b
for “Panel or Council, or the Commission, being in breach of any duty imposed on it” substitute “
Secretary of State being in breach of any duty imposed on the Secretary of State
”
.
6
In subsections (6), (7) and (8) for “Panel or Council” substitute “
Secretary of State
”
.
7
For the heading substitute “
Decisions in cases where national policy statement has effect
”
I350
1
Amend section 105 (decisions of Secretary of State) as follows.
2
In subsection (1) for “if the decision-maker is the Secretary of State” substitute “
if section 104 does not apply in relation to the application
”
.
3
In subsection (2)(a) (which refers to reports submitted to the Commission) for “Commission” substitute “
Secretary of State
”
.
4
For the heading substitute “
Decisions in cases where no national policy statement has effect
”
.
I451
In section 106(1) (representations which decision-maker may disregard) for “decision-maker” (in both places) substitute “
Secretary of State
”
.
I552
1
Section 107 (timetable for decisions) is amended as follows.
2
In subsection (1) (deadline for deciding application)—
a
for “decision-maker” substitute “
Secretary of State
”
, and
b
for “day after the start day” substitute “
deadline under section 98(3)
”
.
3
Omit subsection (2) (meaning of “the start day”).
4
In subsection (3) (extension of deadline) for “appropriate authority” substitute “
Secretary of State
”
.
5
Omit subsection (4) (meaning of “appropriate authority”).
6
For subsections (6) to (9) (publicising deadline extensions) substitute—
6
Subsection (7) applies where the power under subsection (3) is exercised.
7
The Secretary of State exercising the power must make a statement, to the House of Parliament of which that Secretary of State is a member, announcing the new deadline.
8
A statement under subsection (7) must be published in such form and manner as the Secretary of State considers appropriate.
8A
A statement under subsection (7) may be written or oral.