The Localism Act 2011(Infrastructure Planning) (Consequential Amendments) Regulations 2012

Amendments to the Infrastructure Planning (Examination Procedure) Rules 2010

5.—(1) The Infrastructure Planning (Examination Procedure) Rules 2010(1) are amended as follows.

(2) In those Rules, for “Commissioner” (in each place) substitute “appointed person” and for “Commission” (in each place) substitute “Secretary of State”.

(3) In rule 1(2) (citation, commencement and application) omit “and specified matters”.

(4) In rule 2 (interpretation)—

(a) in the definition of “assessor” for “chair to the Commission” substitute “Secretary of State;

(b) omit the definition of “decision-maker”;

(c) in the definition of “direction” for “paragraph 2(6) of Schedule 3” substitute “section 95A(2)”;

(d) in the definition of “Examining authority” for paragraph (b) substitute “the Secretary of State, in respect of those matters which are the subject of a direction by the Secretary of State under section 95A(2)”; and

(e) omit the definition of “specified matters”.

(5) In rule 4 (notice of appointment of a Panel or a single Commissioner)—

(a) in paragraphs (1) and (2)(b) for “chair” substitute “Secretary of State”;

(b) in paragraph (2) for the words “the chair must notify” to the end substitute “the Secretary of State must notify all interested parties of the Secretary of State’s decision”; and

(c) in paragraph (3)—

(i) for the words “The chair must notify” to “any other interested party,” substitute “The Secretary of State must notify all interested parties”; and

(ii) in sub-paragraph (b) for “section 112(1)” substitute “section 95A”.

(6) In rules 8(1) (timetable), 10(4) and (5) (written representations), 14(4) (procedure at hearings), 16(1) and (2) (site inspections) and 17(1) (further information) omit “or specified matters” (in each place).

(7) In rule 8 in paragraph (1)(b)(i) omit “, specified matters”.

(8) In rules 17(3) and 19 (procedure after completion of examination) for “decision-maker” in each place substitute “Secretary of State”.

(9) In rule 19—

(a) for paragraph (1) substitute “After the completion of its examination, the Examining authority must make a written report to the Secretary of State.”; and

(b) in paragraph (2)(a) omit “and any specified matters”.

(10) Omit rule 20(1) (procedure following quashing of decision).

(11) In the Schedule—

(a) in paragraph (1) in the definition of “appointed representative” for “paragraph 4(2) of Schedule 3” substitute “section 95A”;

(b) in paragraph (4)(2)(a) after “direction;” insert “and”; and

(c) omit paragraph (4)(2)(b).

(1)

S.I. 2010/103.