Amendments to the Infrastructure Planning (Examination Procedure) Rules 20105
1
The Infrastructure Planning (Examination Procedure) Rules 20105 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).