In paragraph 2 of Schedule 6 to the Planning Act 2008 (non-material changes), after sub-paragraph (1) insert—

“(1A)

The Secretary of State may by regulations make provision about—

(a)

the decision-making process in relation to the exercise of the power conferred by sub-paragraph (1);

(b)

the making of the decision as to whether to exercise that power;

(c)

the effect of a decision to exercise that power.

This is subject to sub-paragraph (2).

(1B)

The power to make regulations under sub-paragraph (1A) includes power to allow a person to exercise a discretion.”