Planning and Infrastructure Bill

A Bill to make provision about infrastructure; to make provision about town and country planning; to make provision for a scheme, administered by Natural England, for a nature restoration levy payable by developers; to make provision about development corporations; to make provision about the compulsory purchase of land; to make provision about environmental outcomes reports; and for connected purposes.

The information below was generated through an automated process and is for information purposes only.

This is not the latest version of the Bill

Available Versions

17 Sep 2025
Lords: Report
HL Bill 134 (as amended in Committee)
(395 amendments)
Date Debate
Wednesday 29th October 2025 Report stage part three
Wednesday 29th October 2025 Report stage part two
Wednesday 29th October 2025 Report stage part one
Monday 27th October 2025 Report stage: Part 2
Monday 27th October 2025 Report stage: Part 1
Wednesday 22nd October 2025 Report stage: Part 3
Wednesday 22nd October 2025 Report stage: Part 2
Wednesday 22nd October 2025 Report stage: Part 1
Monday 20th October 2025 Report stage part two
Monday 20th October 2025 Report stage part one
12 Jun 2025
Lords: Committee
HL Bill 110 (as brought from the Commons)
(701 amendments)
Date Debate
Monday 15th September 2025 Committee stage
Thursday 11th September 2025 Committee stage
Tuesday 9th September 2025 Committee stage part two
Tuesday 9th September 2025 Committee stage part one
Thursday 4th September 2025 Committee stage
Monday 1st September 2025 Committee stage part two
Monday 1st September 2025 Committee stage part one
Thursday 24th July 2025 Committee stage
Thursday 17th July 2025 Committee stage part two
Thursday 17th July 2025 Committee stage part one
23 May 2025
Commons: Report
Bill 250 2024-25 (as amended in Public Bill Committee)
No digital version of this Bill was published by Parliament
Date Debate
Tuesday 10th June 2025 Report stage (day 2)
Monday 9th June 2025 Report stage (day 1)
11 Mar 2025
Commons: Committee
Bill 196 2024-25 (as introduced)
(285 amendments)
Date Debate
Thursday 22nd May 2025 Committee stage: 14th sitting
Thursday 22nd May 2025 Committee stage: 13th sitting
Tuesday 20th May 2025 Committee stage: 12th sitting
Tuesday 20th May 2025 Committee stage: 11th sitting
Thursday 15th May 2025 Committee stage: 10th sitting
Thursday 15th May 2025 Committee stage: 9th sitting
Wednesday 14th May 2025 Committee stage: 8th sitting
Wednesday 14th May 2025 Committee stage: 7th sitting
Tuesday 13th May 2025 Committee stage: 6th sitting
Tuesday 13th May 2025 Committee stage: 5th sitting
Tuesday 29th April 2025 Committee stage: 4th Sitting
Tuesday 29th April 2025 Committee stage: 3rd Sitting
Thursday 24th April 2025 Committee stage: 2nd sitting
Thursday 24th April 2025 Committee stage: 1st sitting

Relevant Documents

Bill PDF
HL Bill 110 (as brought from the Commons)
Latest Amendments
HL Bill 110-VIII Eighth marshalled list for Committee
Explanatory Note
HL Bill 110 Explanatory Notes
Impact Assessment
Impact Assessment from the Ministry of Housing, Communities and Local Government

Amendment Filters

Your selections will update the bill and amendment list to show only amendments matching your chosen criteria.

Amendment Type

Amendment Status

Display Options

Show Latest Version
Amendment Glossary

This glossary explains the colour coding used to indicate the type of amendment.

Type Description
Black center indicates Government or Bill Sponsor amendment
Front Bench Amendment from any Opposition Party indicated by party colour
Back Bench Amendment from any MP - Outline Colour indicates party
3 New Clauses Proposed

Page 1

Part 1

 

Infrastructure

 

Chapter 1

 

Nationally significant infrastructure projects

 
"National policy statements: review"

Source HL Bill 110 Explanatory Notes

168. This clause establishes a new requirement for National Policy Statements (NPSs) to be subject to a full review and updated at least every five years through amendments to section 6(1) and (2) of the Planning Act 2008. The Secretary of StateH4. The current NSIP system has been in operation since 2010 and has successfully consented over 140 projects

168. This clause establishes a new requirement for National Policy Statements (NPSs) to be subject to a full review and updated at least every five years through amendments to section 6(1) and (2) of the Planning Act 2008. The Secretary of State's existing obligation to review the whole or part of an NPS at any time, where the relevant statutory criteria in section 6 are met and the Secretary of State considers it appropriate to do so, is retained. If a Secretary of State has not otherwise undertaken a review, the amendments to section 6 inserted by this clause will require that a full review of each NPS is undertaken at times that will enable the Secretary of State to comply with the timeframes set out in inserted subsection (5A).

172. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland).

173. The clause will be commenced through regulations.

168. This clause establishes a new requirement for National Policy Statements (NPSs) to be subject to a full review and updated at least every five years through amendments to section 6(1) and (2) of the Planning Act 2008. The Secretary of State's existing obligation to review the whole or part of an NPS at any time

1
National policy statements: review
5
 
(1)
Section 6 of the Planning Act 2008 (review) is amended as set out in
 
 
subsections (2) to (5) .
 
 
(2)
For subsection (1) substitute—
 
 
“(1)
The Secretary of State—
 
 
(a)
must review each national policy statement whenever the
10
 
Secretary of State thinks it appropriate to do so, and
 
 
(b)
in any event, must carry out a full review of each national
 
 
policy statement at times that enable the Secretary of State to
 
 
comply with subsection (5A) .”
 
 
(3)
In subsection (2), at the end insert “, and in this section a “full review” means
15
 
a single review relating to all of a national policy statement”.
 

Page 2

 
(4)
After subsection (4) insert—
 
 
“(4A)
Whenever the Secretary of State decides to review a national policy
 
 
statement, the Secretary of State must lay a statement before Parliament
 
 
announcing the review.”
 
 
(5)
After subsection (5) insert—
5
 
“(5A)
But, unless and until a statement’s designation as a national policy
 
 
statement is withdrawn—
 
 
(a)
the Secretary of State must amend each national policy
 
 
statement within the initial period (see section 6ZA ), and
 
 
(b)
the Secretary of State must subsequently amend each national
10
 
policy statement at intervals of no more than five years.
 
 
(5B)
An amendment of a national policy statement counts for the purposes
 
 
of subsection (5A) only if the amendment arises from a full review of
 
 
the statement.
 
 
(5C)
An amendment of a national policy statement that is required by
15
 
subsection (5A) to be made by a certain time may be delayed beyond
 
 
that time only if and for so long as exceptional circumstances exist
 
 
which, in the opinion of the Secretary of State, make the delay
 
 
unavoidable.
 
 
(5D)
In that case the Secretary of State must, before the deadline for
20
 
amending the national policy statement, lay a statement before
 
 
Parliament explaining the reasons for the extension and stating when
 
 
the Secretary of State expects to amend the national policy statement.”
 
 
(6)
After section 6 of the Planning Act 2008 insert—
 
“6ZA
Review: supplementary
25
 
(1)
Subsections (2) to (5) explain what is meant by “the initial period” in
 
 
section 6 (5A) (a) .
 
 
(2)
In the case of a national policy statement that is designated on or after
 
 
the relevant date, the initial period is the period of five years beginning
 
 
with the date of designation.
30
 
(3)
In the case of a national policy statement that—
 
 
(a)
was designated before the relevant date, and
 
 
(b)
was amended before the relevant date,
 
 
the initial period is the period of five years beginning with the date
 
 
of the amendment or, if an amendment was made on more than one
35
 
occasion before the relevant date, the date of the latest such
 
 
amendment.
 
 
(4)
In the case of a national policy statement that—
 
 
(a)
was designated within the period of five years ending with
 
 
the relevant date, and
40

Page 3

 
(b)
was not amended before the relevant date,
 
 
the initial period is the period of five years beginning with the date
 
 
of designation.
 
 
(5)
In the case of a national policy statement that—
 
 
(a)
was designated before the beginning of the period of five years
5
 
ending with the relevant date, and
 
 
(b)
was not amended before the relevant date,
 
 
the initial period is the period of two years beginning with the relevant
 
 
date.
 
 
(6)
Section 6(5) applies in relation to a full review of a national policy
10
 
statement within subsection (5) of this section carried out within the
 
 
initial period as if the option in section 6(5)(c) (leave the statement as
 
 
it is) was not available to the Secretary of State following that review.
 
 
(7)
In this section—
 
 
“full review” has the meaning given by section 6(2);
15
 
“the relevant date” means the date on which section 6 (5A) comes
 
 
into force.”
 
"National policy statements: parliamentary requirements"

Source HL Bill 110 Explanatory Notes

174. This clause amends section 9 of the Planning Act 2008 to provide an additional parliamentary procedure for making material policy amendments to National Policy Statements (NPSs) where the proposed amendments fall into the definition set out at new subsection 9(11) of the Planning Act 2008. This definition is intended to capture categories of changes made since the NPS was last reviewed. These are:

  • reflecting legislative changes or revocations which have come into force of legislation referred to in an NPS, or the coming into force, amendment or repeal of legislation relevant to nationally significant development addressed in an NPS;
  • reflecting court decisions relevant to NPSs or development consent orders, or other proceedings relevant to the interpretation of an NPS or legislation referred to in an NPS which have been issued;
  • Government policy published relevant to nationally significant development addressed in an NPS; or
  • changes to published documents referred to in the NPS that do not fall within category (a) or (c).

175. The statutory and regulatory pre-requisites of an Appraisal of Sustainability and a Habitats Regulations Assessment will continue to apply to proposed amendments that fall within this definition. The existing publication and consultation requirements for proposed material changes to a NPS in Part 2 of the Planning Act 2008 will also continue to apply.

176. Inserted subsection (8A) provides that for proposed amendments falling within new subsection (11), the current requirement for the Secretary of State to respond to any resolutions made by Parliament or any recommendations made by a committee by either House of Parliament on the proposed amendments to the NPS will be disapplied. The requirement for an amended NPS to be laid in Parliament for 21 sitting days before being designated is retained to preserve parliamentary oversight.

177. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland).

178. The clause will be commenced through regulations.
2
National policy statements: parliamentary requirements
 
 
(1)
Part 2 of the Planning Act 2008 (national policy statements) is amended as
 
 
set out in subsections (2) and (3) .
20
 
(2)
In section 6 (review)—
 
 
(a)
in subsection (7)(b)(i), omit “under section 9(8)”;
 
 
(b)
in subsection (7A), omit “under section 9(8)”;
 
 
(c)
after subsection (9) insert—
 
 
“(10)
In subsections (7)(b)(i) and (7A), references to an amendment
25
 
being laid before Parliament are references to—
 
 
(a)
in the case of an amendment that is, or is included in,
 
 
a proposal to which subsections (4) to (8) of section 9
 
 
do not apply (see section 9 (8A) ), the amendment being
 
 
laid under section 9(2);
30
 
(b)
in any other case, the amendment being laid under
 
 
section 9(8).”
 
 
(3)
In section 9 (parliamentary requirements)—
 
 
(a)
after subsection (8) insert—
 
 
“(8A)
Subsections (4) to (8) do not apply in relation to the proposal
35
 
if it—
 
 
(a)
is an amendment within subsection (11) , or
 
 
(b)
consists only of amendments within that subsection.”;
 
 
(b)
in subsection (9)—
 

Page 4

 
(i)
for “subsection (8)”, in each place, substitute “the laying
 
 
requirement”;
 
 
(ii)
in paragraph (b), after “5(4)(a)” insert “or 6(7)(a)”;
 
 
(c)
in subsection (10), for “subsection (8)” substitute “the laying
 
 
requirement”;
5
 
(d)
after subsection (10) insert—
 
 
“(11)
An amendment is within this subsection if it is an amendment
 
 
proposed to a national policy statement in order to reflect—
 
 
(a)
published Government policy that is relevant to
 
 
development of a description to which the statement
10
 
relates,
 
 
(b)
the amendment, revocation or repeal of legislation
 
 
referred to in the statement, or the amendment,
 
 
revocation, repeal or coming into force of legislation
 
 
relevant to development of a description to which the
15
 
statement relates,
 
 
(c)
a change (not within paragraph (a) or (b)) to a published
 
 
document referred to in the statement, or
 
 
(d)
a decision of a court in proceedings referred to in
 
 
section 13 or 118, or other proceedings, so far as relevant
20
 
to the interpretation of the statement or legislation
 
 
referred to in the statement.
 
 
(12)
In subsection (11) “legislation” means an Act or an instrument
 
 
made under an Act.
 
 
(13)
In this section “the laying requirement” means—
25
 
(a)
if the proposal is one to which subsections (4) to (8) do
 
 
not apply, subsection (2);
 
 
(b)
otherwise, subsection (8).”
 
 
(4)
The amendments made by this section apply in relation to amendments
 
 
proposed to be made to a national policy statement that arise from a review
30
 
of the statement completed or begun before (as well as after) the date on
 
 
which this section comes into force.
 
"Power to disapply requirement for development consent"

Source HL Bill 110 Explanatory Notes

179. This clause (which inserts new sections 35B, 35C and 35D into the Planning Act 2008) provides a new power for the Secretary of State to give a direction disapplying the requirement for development consent for certain specified development falling within the meaning and description of a Nationally Significant Infrastructure Project (NSIP) in the Act. Section 35 of the Planning Act 2008 already gives a power to the Secretary of State to direct that certain development may be treated as development for which development consent is required. This clause enhances flexibility in the NSIP regime by allowing a development that would otherwise require development consent under the Planning Act 2008 to be taken out of the regime and consented under alternative consenting routes, where this is considered appropriate.

180. The Secretary of State may only give a direction if no application for development consent under the Planning Act 2008 has been made (subject to a minor transitional provision), if the Secretary of State considers that an alternative consenting regime is appropriate for the development, and if the development will be one of the specified areas, as set out in subsection (2) of new section 35B (see below).

186. This clause also requires that directions made by the Secretary of State are published, and that reasons for the decision are given to the person who made the request, if applicable.

188. This clause also makes consequential amendment to the Electricity Act 1989 and the Marine and Coastal Access Act 2009 to ensure that where a direction has been made, onshore generating stations do not require consent under section 36(1) of the Electricity Act 1989, so that they can apply for consent through an alternative consenting route, and to ensure that the Marine Management Organisation is able to perform their electricity consent functions for applicable development subject to a section 35B(1) direction.

189. The territorial extent of the clause mirrors the NSIP provisions in the Planning Act 2008, and application of this clause will mirror section 35(3) of the Planning Act 2008. This means that directions may only be given where the development will (when completed) be wholly in England (or waters adjacent to England up to the seaward limits of the territorial sea), or in the case of development in the field of energy, in a Renewable Energy Zone (except any part of the Zone where the Scottish Ministers have functions).

190. The clause will be brought into force by regulations.
3
Power to disapply requirement for development consent
 
 
(1)
The Planning Act 2008 is amended as set out in subsections (2) to (4) .
 
 
(2)
In section 31 (when development consent is required)—
35
 
(a)
the existing text becomes subsection (1);
 
 
(b)
after that subsection insert—
 
 
“(2)
But see section 35B (power for the Secretary of State to give a
 
 
direction disapplying the requirement for development
 
 
consent).”
40

Page 5

 
(3)
In section 35ZA (directions under section 35), after subsection (10) insert—
 
 
“(10A)
The Secretary of State must publish a direction under section 35(1) or
 
 
subsection (3) of this section.”
 
 
(4)
After section 35A insert—
 
“35B
Directions disapplying requirement for development consent
5
 
(1)
The Secretary of State may give a direction that development consent
 
 
is not required for development specified in the direction.
 
 
This is subject to subsections (2) and (4) .
 
 
(2)
The Secretary of State may give a direction only if—
 
 
(a)
the Secretary of State considers that it is appropriate for an
10
 
alternative consenting regime to apply in relation to the
 
 
development, rather than this Act,
 
 
(b)
no application for an order granting development consent for
 
 
the development has been made, and
 
 
(c)
the development will (when completed) be wholly in one or
15
 
more of the areas specified in subsection (3) .
 
 
(3)
The areas are—
 
 
(a)
England or waters adjacent to England up to the seaward limits
 
 
of the territorial sea;
 
 
(b)
in the case of development that is or forms part of a project
20
 
for the carrying out of works in the field of energy, a
 
 
Renewable Energy Zone, except any part of a Renewable
 
 
Energy Zone in relation to which the Scottish Ministers have
 
 
functions.
 
 
(4)
The Secretary of State may give a direction only if—
25
 
(a)
the conditions in subsection (5) are satisfied,
 
 
(b)
the conditions in subsection (6) are satisfied,
 
 
(c)
the Secretary of State is the person who proposes to carry out
 
 
the development, or
 
 
(d)
the Secretary of State considers that the appropriate alternative
30
 
consenting regime for the development is that under section
 
 
59 of TCPA 1990 (development orders).
 
 
(5)
The conditions referred to in subsection (4) (a) are that—
 
 
(a)
the Secretary of State receives a written request for a direction
 
 
from a qualifying person,
35
 
(b)
the request specifies the development to which it relates,
 
 
(c)
the request identifies the appropriate alternative consenting
 
 
regime for the development,
 
 
(d)
the request explains why the person making the request
 
 
considers that it is appropriate for that alternative consenting
40
 
regime to apply in relation to the development, and
 

Page 6

 
(e)
the request includes evidence showing that the alternative
 
 
consenting authority is aware of the intention to request a
 
 
direction specifying the development.
 
 
(6)
The conditions referred to in subsection (4) (b) are that—
 
 
(a)
the Secretary of State receives a written request for a direction
5
 
from a person who has power to make a local development
 
 
order, a Mayoral development order or a simplified planning
 
 
zone scheme,
 
 
(b)
the request specifies the development to which it relates, and
 
 
(c)
the request indicates that the person making the request
10
 
considers that the appropriate alternative consenting regime
 
 
for the development is that under section 61A (local
 
 
development orders), 61DA (Mayoral development orders) or
 
 
82 (simplified planning zone schemes) of TCPA 1990 (as the
 
 
case may be), giving reasons for that view.
15
 
(7)
The condition in subsection (2) (b) is to be regarded as met in relation
 
 
to development if an application for an order granting development
 
 
consent for the development is made during the period beginning
 
 
with the day on which this Act is passed and ending with the day on
 
 
which this section comes into force.
20
 
(8)
For the purposes of this section—
 
 
(a)
an “alternative consenting regime” for development means a
 
 
regime set out in legislation other than this Act under which,
 
 
if development consent were not required for the development,
 
 
a specified person would have power to authorise the
25
 
development, and
 
 
(b)
the person referred to in paragraph (a) is the “alternative
 
 
consenting authority” in relation to that regime.
 
 
(9)
In this section—
 
 
“direction” means a direction under subsection (1) ;
30
 
“legislation” means an Act or an instrument made under an Act;
 
 
“local development order” has the meaning given in section 61A
 
 
of TCPA 1990;
 
 
“Mayoral development order” has the meaning given in section
 
 
61DA of TCPA 1990;
35
 
“qualifying person” means—
 
 
(a)
a person who proposes to carry out any of the
 
 
development to which the request relates;
 
 
(b)
a person who, if a direction were given specifying the
 
 
development, proposes to apply to an alternative
40
 
consenting authority in relation to the development;
 
 
“simplified planning zone scheme” has the same meaning as in
 
 
TCPA 1990 (see section 82 of that Act).
 

Page 7

"Directions under section"

Source HL Bill 110 Explanatory Notes

185. Inserted section 35C makes supplementary provision that the direction may include provision for a proposed application for a development consent order to be treated as a proposed application to a specified alternative consenting regime. It also provides for pre-application work undertaken before the direction is given to be treated as complying with requirements under the alternative regime (with any specified modifications). This enables work undertaken by applicants in preparing to apply for a development consent order under the Planning Act 2008 to be carried over to the alternative regime (with possible modifications).
35C
Directions under section
 
 
(1)
In this section “direction” means a direction under section 35B (1) .
 
 
(2)
Subsection (3) applies if—
 
 
(a)
the Secretary of State decides to give a direction that has been
 
 
requested as described in section 35B (5) , and
5
 
(b)
a person proposed (before or after that section came into force)
 
 
to make an application for an order granting development
 
 
consent for the development to which the request relates.
 
 
(3)
The direction may include provision—
 
 
(a)
for the proposed application to be treated as a proposed
10
 
application to a specified alternative consenting authority;
 
 
(b)
for specified provisions of legislation governing an alternative
 
 
consenting regime—
 
 
(i)
to have effect in relation to the proposed application
 
 
with any specified modifications;
15
 
(ii)
to be treated as having been complied with in relation
 
 
to the proposed application.
 
 
(4)
In the application of subsection (3) to a direction that is to specify
 
 
development for which an application seeking development consent
 
 
has been made (see section 35B (7) ), references to the proposed
20
 
application include references to the application.
 
 
(5)
If the Secretary of State receives a request for a direction as described
 
 
in section 35B (5) or (6) , the Secretary of State must give reasons for
 
 
the decision to give or not to give the requested direction to the person
 
 
who made the request.
25
 
(6)
The Secretary of State must publish a direction.
 
 
(7)
In this section, the following expressions have the same meaning as
 
 
in section 35B —
 
 
“alternative consenting authority” ,
 
 
“alternative consenting regime” , and
30
 
“legislation” .
 
"Timetable for deciding request for direction under section"

Source HL Bill 110 Explanatory Notes

187. Inserted section 35D provides a power for the Secretary of State to make regulations about the timetable for deciding requests under new section 35B and in connection with the provision of information to the Secretary of State, such as requesting additional details from the person making the request. The matter is left to delegated legislation to ensure that the statutory timescales for decision-making on requests can be adjusted as needed. The regulations will set out the deadline by which the Secretary of State must make a decision after receiving a request for a direction.
35D
Timetable for deciding request for direction under section
 
 
(1)
The Secretary of State may by regulations—
 
 
(a)
make provision about time limits for decisions about whether
 
 
to give directions under section 35B (1) following qualifying
35
 
requests (including provision for the extension of any prescribed
 
 
period in prescribed circumstances);
 
 
(b)
make provision for and in connection with the provision of
 
 
information to the Secretary of State for the purposes of such
 
 
decisions.
40

Page 8

 
(2)
In this section “qualifying request” means a request in relation to
 
 
which the conditions in section 35B (5) or (6) are satisfied.”
 
 
(5)
In the Electricity Act 1989, in section 36 (consent required for construction
 
 
etc of generating stations)—
 
 
(a)
after subsection (1A) insert—
5
 
“(1AA)
Subsection (1) does not apply to the construction or extension
 
 
of a generating station in England if the construction or
 
 
extension constitutes development specified in a direction under
 
 
section 35B (1) of the Planning Act 2008 (direction disapplying
 
 
requirement for development consent).”;
10
 
(b)
after subsection (11) insert—
 
 
“(12)
In subsection (1AA) “England” does not include waters in
 
 
England (nor waters adjacent to England).”
 
 
(6)
In the Marine and Coastal Access Act 2009, in section 12 (certain consents
 
 
under section 36 of the Electricity Act 1989)—
15
 
(a)
in subsection (2), in the words after paragraph (c), for “subsections (3)
 
 
and (4)” substitute “subsection (3)”;
 
 
(b)
omit subsection (4).
 
"Applications for development consent: removal of certain pre-application"

Source HL Bill 110 Explanatory Notes

191. This clause removes sections 42 to 45, 47 and 49 of Part 5, Chapter 2 of Planning Act 2008 related to statutory pre-application consultation. The effect of this clause is that an applicant submitting an application for development consent will no longer be required by statute to consult statutory consultees, landowners, local authorities and the community before submitting their application to the Secretary of State. As a consequence of this change, the clause also removes the definitions of local authorities and categories of persons for the purposes of the statutory consultation and the requirement for an applicant to take responses to consultation and publicity in to account when preparing their application.

192. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland).

193. The clause will be brought into force by regulations.
 
4
Applications for development consent: removal of certain pre-application
 

requirements

20
 
Omit the following sections of the Planning Act 2008—
 
 
(a)
section 42 (duty to consult);
 
 
(b)
section 43 (local authorities for purposes of section 42(1)(b));
 
 
(c)
section 44 (categories for purposes of section 42(1)(d));
 
 
(d)
section 45 (timetable for consultation under section 42);
25
 
(e)
section 47 (duty to consult local community);
 
 
(f)
section 49 (duty to take account of responses to consultation and
 
 
publicity).
 
"Applications for development consent: changes related to section"

Source HL Bill 110 Explanatory Notes

194. This clause makes several changes to the Planning Act 2008 as a consequence of Clause 4 and the removal of pre-application consultation requirements. The clause removes references to statutory requirements for consultation in other sections of the Planning Act 2008, associated documentation (such as the need for a consultation report) and alters guidance requirements.

201. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland).

202. The clause will be brought into force by regulations.
5
Applications for development consent: changes related to section
 
 
(1)
The Planning Act 2008 is amended as set out in subsections (2) to (9) .
30
 
(2)
In section 37 (applications for orders granting development consent)—
 
 
(a)
in subsection (3)—
 
 
(i)
insert “and” at the end of paragraph (b);
 
 
(ii)
omit paragraph (c) (together with the final “and”);
 
 
(b)
omit subsections (7) and (8).
35
 
(3)
In section 39 (register of applications), in subsection (4)—
 
 
(a)
insert “and” at the end of paragraph (a);
 
 
(b)
omit paragraph (b) (together with the final “and”).
 

Page 9

 
(4)
In section 41 (Chapter applies before application is made), in subsection (1),
 
 
at the end insert “(and “applicants” is to be construed accordingly)”.
 
 
(5)
In section 46 (duty to notify Secretary of State of proposed application)—
 
 
(a)
for subsection (1) substitute—
 
 
“(1)
The applicant must supply to the Secretary of State—
5
 
(a)
the information specified in subsection (1C) , and
 
 
(b)
such further information as may be prescribed.
 
 
(1A)
The applicant must supply to each host local authority—
 
 
(a)
the information specified in subsection (1C) , and
 
 
(b)
such further information as may be prescribed.
10
 
(1B)
In any case where the proposed development would affect, or
 
 
would be likely to affect, any of the areas specified in
 
 
subsection (5), the applicant must supply to the Marine
 
 
Management Organisation—
 
 
(a)
the information specified in subsection (1C) , and
15
 
(b)
such further information as may be prescribed.
 
 
(1C)
The information referred to in subsections (1) (a) , (1A) (a) and
 
 
(1B) (a) is as follows—
 
 
(a)
the applicant’s name and address,
 
 
(b)
a statement that the applicant intends to apply for an
20
 
order granting development consent,
 
 
(c)
a statement about why development consent is required
 
 
for the proposed development, specifying the relevant
 
 
provision of Part 3 (or referring to a direction that has
 
 
been given under section 35), and
25
 
(d)
a summary of the proposed application, specifying the
 
 
location or route of the proposed development.”;
 
 
(b)
omit subsection (2);
 
 
(c)
after subsection (2) insert—
 
 
“(3)
A local authority is a “host local authority” if the land is in the
30
 
authority’s area.
 
 
(4)
In this section “local authority” means—
 
 
(a)
a county council, or district council, in England;
 
 
(b)
a London borough council;
 
 
(c)
the Common Council of the City of London;
35
 
(d)
the Council of the Isles of Scilly;
 
 
(e)
a county council, or county borough council, in Wales;
 
 
(f)
a council constituted under section 2 of the Local
 
 
Government etc (Scotland) Act 1994;
 
 
(g)
a National Park authority;
40
 
(h)
the Broads Authority.
 

Page 10

 
(5)
The areas referred to in subsection (1B) are—
 
 
(a)
waters in or adjacent to England up to the seaward
 
 
limits of the territorial sea;
 
 
(b)
an exclusive economic zone, except any part of an
 
 
exclusive economic zone in relation to which the Scottish
5
 
Ministers have functions;
 
 
(c)
a Renewable Energy Zone, except any part of a
 
 
Renewable Energy Zone in relation to which the Scottish
 
 
Ministers have functions;
 
 
(d)
an area designated under section 1(7) of the Continental
10
 
Shelf Act 1964, except any part of that area which is
 
 
within a part of an exclusive economic zone or
 
 
Renewable Energy Zone in relation to which the Scottish
 
 
Ministers have functions.”;
 
 
(d)
in the heading, after “Secretary of State” insert “and others”.
15
 
(6)
In section 48 (duty to publicise), omit subsection (2).
 
 
(7)
For section 50 substitute—
 
“50
Guidance about pre-application steps
 
 
(1)
Applicants must have regard to any guidance issued by the Secretary
 
 
of State to assist them in complying with section 48.
20
 
(2)
The Secretary of State must issue guidance to assist applicants, setting
 
 
out what the Secretary of State considers to be best practice in terms
 
 
of the steps they might take in relation to a proposed application in
 
 
readiness for submitting an actual application.”
 
 
(8)
In section 52 (obtaining information about interests in land), in subsection
25
 
(1), for “provisions of, or made under, Chapter 2 of this Part or” substitute
 
 
“regulations made under section 37 or with provisions of, or made under,”.
 
 
(9)
In Schedule 12 (application of Act to Scotland: modifications), omit paragraph
 
 
5.
 
 
(10)
In the Infrastructure Planning (Environmental Impact Assessment) Regulations
30
 
2017 (S.I. 2017/572)—
 
 
(a)
in regulation 3(1), in the definition of “the consultation bodies”—
 
 
(i)
in paragraph (a), omit “prescribed under section 42(1)(a) (duty
 
 
to consult) and”;
 
 
(ii)
in paragraph (a), for “column 2” substitute “column 3”;
35
 
(iii)
at the end of paragraph (a) insert “(reading references to
 
 
applications as references to proposed applications, where the
 
 
context requires)”;
 
 
(iv)
in paragraph (b), for “section 43 (local authorities for purposes
 
 
of section 42(1)(b))” substitute “section 56A (local authorities
40
 
for purposes of sections 56(2)(b) and 60(2)(a))”;
 

Page 11

 
(b)
in regulation 8(1), for “carrying out consultation under section 42 (duty
 
 
to consult)” substitute “publicising the proposed application under
 
 
section 48,”;
 
 
(c)
omit regulation 12 (consultation statement requirements).
 
 
(11)
Omit—
5
 
(a)
section 23(2), (3) and (4) of the Marine and Coastal Access Act 2009;
 
 
(b)
the following provisions of the Localism Act 2011—
 
 
(i)
section 133;
 
 
(ii)
section 134;
 
 
(iii)
section 135(8);
10
 
(iv)
paragraphs 8(2) and 9 of Schedule 13.
 
"Applications for development consent: acceptance stage"

Source HL Bill 110 Explanatory Notes

203. Applicants must submit applications for development consent, in line with section 37 of the Planning Act 2008, to the Secretary of State. The Secretary of State then decides whether or not to accept the application for examination under section 55 of the Act. This is referred to as the acceptance stage.

210. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland).

211. The clause will come into effect through regulations.
6
Applications for development consent: acceptance stage
 
 
(1)
The Planning Act 2008 is amended as set out in subsections (2) to (13) .
 
 
(2)
In section 37 (applications for orders granting development consent), in
 
 
subsection (3), for “application (including accompaniments) is of a standard
15
 
that the Secretary of State considers satisfactory” substitute “standard of the
 
 
application is such as to enable the Secretary of State to conclude that it is
 
 
suitable to proceed to examination under Chapter 4 of Part 6”.
 
 
(3)
In section 39 (register of applications), after subsection (4) insert—
 
 
“(5)
The duty under subsection (4) includes a duty to make arrangements
20
 
for inspection by the public of a revised version of anything mentioned
 
 
in that subsection (see section 55A ).”
 
 
(4)
Section 55 (acceptance of applications) is amended as set out in subsections
 
 
(5) to (12) .
 
 
(5)
In subsection (2), omit “, by the end of the period of 28 days beginning with
25
 
the day after the day on which the Secretary of State receives the application,”.
 
 
(6)
After subsection (2) insert—
 
 
“(2A)
Subject to section 55A (7) and (8) , the Secretary of State must make the
 
 
decision within the period of 28 days beginning with the day after
 
 
the day on which the Secretary of State receives the application.”
30
 
(7)
In subsection (3)—
 
 
(a)
after paragraph (c) insert—
 
 
“(ca)
that the applicant has complied with section 46 (duty
 
 
to notify Secretary of State and others of proposed
 
 
application), and”;
35
 
(b)
omit paragraph (e);
 

Page 12

 
(c)
for paragraph (f) substitute—
 
 
“(f)
that the standard of the application (including
 
 
accompaniments) is such that it is suitable to proceed
 
 
to examination under Chapter 4.”
 
 
(8)
For subsection (4) substitute—
5
 
“(4)
The Secretary of State, when deciding whether the Secretary of State
 
 
may reach the conclusion in subsection (3)(f), must take into account—
 
 
(a)
the extent to which the application complies with section 37(3)
 
 
(form and contents of application),
 
 
(b)
the extent to which any applicable guidance under section 37(4)
10
 
has been followed in relation to the application,
 
 
(c)
the extent to which the application complies with any standards
 
 
set under section 37(5) (standards for documents etc
 
 
accompanying application),
 
 
(d)
the applicant’s approach to satisfying section 48 (duty to
15
 
publicise), and
 
 
(e)
the extent to which the applicant has had regard to any advice
 
 
given under section 51 in connection with the application (or
 
 
the proposed application that has become the application).
 
 
(4A)
In considering the matter in subsection (4)(d), the Secretary of State
20
 
must take into account the extent to which the applicant has had
 
 
regard to any guidance under section 50(1).”
 
 
(9)
Omit subsection (5).
 
 
(10)
Omit subsection (5A).
 
 
(11)
For subsections (6) and (7) substitute—
25
 
“(6)
The Secretary of State must notify the applicant of the decision under
 
 
subsection (2).
 
 
(7)
If the Secretary of State decides under subsection (2) not to accept the
 
 
application, the Secretary of State must give the applicant reasons for
 
 
that decision.”
30
 
(12)
Omit subsection (8).
 
 
(13)
After section 55 insert—
 
“55A
Changes to applications
 
 
(1)
The following provisions of this section apply where—
 
 
(a)
the Secretary of State reaches the conclusions in section 55(3)(a),
35
 
(c) and (ca) in relation to an application, and
 
 
(b)
the Secretary of State concludes that the application would be
 
 
likely to be of the required standard if the applicant were to—
 
 
(i)
provide supplementary or revised information,
 
 
(ii)
make clarifications or corrections, or
40

Page 13

 
(iii)
make other limited changes.
 
 
(2)
At any time within the period specified in section 55 (2A) , the Secretary
 
 
of State may notify the applicant of the actions to be taken as
 
 
mentioned in subsection (1) (b) , specifying the last day of the response
 
 
period as the deadline for compliance with the notice.
5
 
(3)
“The response period” means the period of 28 days beginning with
 
 
the day on which the notice is given.
 
 
(4)
Subsections (5) to (9) apply where the Secretary of State gives a notice
 
 
to the applicant under subsection (2) .
 
 
(5)
If, during the response period, the Secretary of State notifies the
10
 
applicant of any further actions as mentioned in subsection (1) (b) that
 
 
would be likely to bring the application up to the required standard,
 
 
the applicant must comply with that notice within the response period.
 
 
(6)
At any time within the response period, the Secretary of State may,
 
 
if the Secretary of State considers it appropriate to do so, notify the
15
 
applicant of a later day as the deadline for compliance with the notice
 
 
under subsection (2) or, as the case may be, that notice and any further
 
 
notice under subsection (5) .
 
 
(7)
If the applicant provides any document or information to the Secretary
 
 
of State by the specified day in response to a notice under subsection
20
 
(2) or (5) , the Secretary of State must make a decision under section
 
 
55(2) within the period of 28 days beginning with the day after the
 
 
specified day.
 
 
(8)
If the applicant does not provide any document or information to the
 
 
Secretary of State by the specified day in response to a notice under
25
 
subsection (2) or (5) , the Secretary of State must make a decision under
 
 
section 55(2) within the period of 7 days beginning with the day after
 
 
the specified day.
 
 
(9)
In subsections (7) and (8) , “the specified day” means—
 
 
(a)
the day specified in the notice under subsection (2) , or
30
 
(b)
if a later day is notified under subsection (6) , that later day.
 
 
(10)
In this section, “the required standard” means the standard specified
 
 
in section 55(3)(f).”
 
 
(14)
In consequence of the amendments in subsections (7) (c) and (10) , omit section
 
 
137(3) and (4) of the Localism Act 2011.
35
"Applications for development consent: local impact reports and"

Source HL Bill 110 Explanatory Notes

214. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland). The clause will come into force through regulations.
 
7
Applications for development consent: local impact reports and
 

representations

 
 
(1)
The Planning Act 2008 is amended as follows.
 

Page 14

 
(2)
In section 60 (local impact reports), after subsection (5) insert—
 
 
“(6)
In preparing a local impact report, an authority must have regard to
 
 
any relevant guidance issued by the Secretary of State.
 
 
(7)
But that duty does not apply to an authority for an area that is in
 
 
Scotland.”
5
 
(3)
After section 96 insert—
 
“96A
Representations from public authorities
 
 
(1)
In making any representations about the application (oral or written),
 
 
a relevant public authority must have regard to any guidance issued
 
 
by the Secretary of State to assist such authorities in making
10
 
representations for the purposes of the examination of an application.
 
 
(2)
“Relevant public authority” means a public authority within any of
 
 
paragraphs (a) to (c) of section 56(2), except—
 
 
(a)
the Scottish Ministers,
 
 
(b)
a Northern Ireland department, or
15
 
(c)
any other public authority whose functions are exercisable only
 
 
in or as regards Scotland or Northern Ireland.”
 
"Examination of applications for development consent"

Source HL Bill 110 Explanatory Notes

217. The territorial extent and application of this clause is England Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line, one end of which is in England or Wales, and the other end of which is in Scotland).

218. These amendments will come into force through the introduction of regulations.

219. The amendment to section 89 will not apply to applications where an IAPI has already been drafted before the amendment comes into force.
8
Examination of applications for development consent
 
 
(1)
In section 89 of the Planning Act 2008 (Examining authority’s decisions about
 
 
how application is to be examined), in subsection (1), after “light of” insert
20
 
“the assessment under section 88(1) and”.
 
 
(2)
In section 97 of that Act (procedure rules), after subsection (5) insert—
 
 
“(5A)
Power under this section to make rules includes power to make
 
 
transitional provision.”
 
 
(3)
The amendment made by subsection (1) applies in relation to every application
25
 
in respect of which the assessment under section 88(1) of the Planning Act
 
 
2008 is made on or after the date on which subsection (1) comes into force
 
 
(whenever the application was made or accepted).
 
"Applications for development consent: costs"

Source HL Bill 110 Explanatory Notes

220. This clause enables an Examining Authority to make an order for costs incurred by parties in relation to an application for a development consent order (DCO) for a Nationally Significant Infrastructure Project (NSIP). The Examining Authority is appointed to examine the application in accordance with section 65 or 79 of the Planning Act 2008.

223. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland).

224. The clause will come into force two months after Royal Assent.
9
Applications for development consent: costs
 
 
(1)
The Planning Act 2008 is amended as follows.
30
 
(2)
In section 95 (hearings: disruption etc)—
 
 
(a)
omit subsections (4) and (5);
 
 
(b)
in the heading, omit “, supervision and costs”.
 
 
(3)
After section 96A (inserted by section 7 ) insert—
 
“96B
Costs
35
 
(1)
The Examining authority may make orders about—
 

Page 15

 
(a)
the costs of any person who—
 
 
(i)
is an interested party in relation to the application, or
 
 
(ii)
makes a written representation to the Examining
 
 
authority about the application;
 
 
(b)
the person or persons who must pay the costs.
5
 
(2)
Every such order may be made a rule of the High Court on the
 
 
application of any person named in the order.”
 
"Planning Act 2008: right to enter and survey land"

Source HL Bill 110 Explanatory Notes

225. This clause amends section 53 of the Planning Act 2008 (rights of entry) to change how persons may be authorised to enter land in order to survey it or take levels in connection with an application, proposed application for development consent or the implementation of a Development Consent Order (DCO).

231. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline, one end of which is in England or Wales, and the other end of which is in Scotland).

232. The clause will be brought into force by regulations.
10
Planning Act 2008: right to enter and survey land
 
 
(1)
Section 53 of the Planning Act 2008 (rights of entry) is amended as set out in
 
 
subsections (2) to (7) .
10
 
(2)
In subsection (1), for “Any person duly authorised in writing by the Secretary
 
 
of State” substitute “An authorised person”.
 
 
(3)
After subsection (1A) insert—
 
 
“(1B)
In subsection (1) “authorised person” means a person who is authorised
 
 
in writing to exercise the power in that subsection on behalf of—
15
 
(a)
a person who has made an application for an order granting
 
 
development consent that has been accepted by the Secretary
 
 
of State,
 
 
(b)
a person who proposes to make an application for an order
 
 
granting development consent, or
20
 
(c)
a person who has been granted the benefit of an order granting
 
 
development consent of a kind specified in subsection (1)(c).”
 
 
(4)
Omit subsection (2).
 
 
(5)
In subsection (4)—
 
 
(a)
in the words before paragraph (a), for “authorised under subsection
25
 
(1) to enter any land” substitute “acting in the exercise of a power of
 
 
entry onto any land conferred under subsection (1)”;
 
 
(b)
insert “and” at the end of paragraph (a);
 
 
(c)
in paragraph (b)—
 
 
(i)
for “any land which is occupied” substitute “the land”;
30
 
(ii)
for “the occupier” substitute “every owner or occupier of the
 
 
land”;
 
 
(d)
omit “and” at the end of paragraph (b);
 
 
(e)
omit paragraph (c).
 
 
(6)
After subsection (4) insert—
35
 
“(4A)
Notice given in accordance with subsection (4)(b) must include
 
 
prescribed information.
 

Page 16

 
(4B)
A justice of the peace may issue a warrant authorising a person to use
 
 
force in the exercise of the power conferred under subsection (1) if
 
 
satisfied—
 
 
(a)
that another person has prevented or is likely to prevent the
 
 
exercise of that power, and
5
 
(b)
that it is reasonable to use force in the exercise of that power.
 
 
(4C)
The force that may be authorised by a warrant is limited to that which
 
 
is reasonably necessary.
 
 
(4D)
A warrant authorising the person to use force must specify the number
 
 
of occasions on which the person can rely on the warrant when
10
 
entering land.
 
 
(4E)
The number specified must be the number which the justice of the
 
 
peace considers appropriate to achieve the purpose for which the entry
 
 
is required.
 
 
(4F)
Any evidence in proceedings for a warrant must be given on oath.”
15
 
(7)
After subsection (8) insert—
 
 
“(8A)
Section 4 of the Land Compensation Act 1961 (costs) applies to the
 
 
determination of a question referred under subsection (8) as it applies
 
 
to the determination of a question under section 1 of that Act, but as
 
 
if references to the acquiring authority were references to the person
20
 
from whom compensation is claimed.”
 
 
(8)
In paragraph 7 of Schedule 12 to the Planning Act 2008 (application of Act
 
 
to Scotland: modifications of section 53)—
 
 
(a)
after paragraph (za) insert—
 
 
“(zb)
in subsections (4B) and (4E) , the references to a justice
25
 
of the peace were references to a sheriff or summary
 
 
sheriff,”;
 
 
(b)
omit “and” at the end of paragraph (b);
 
 
(c)
after paragraph (b) insert—
 
 
“(ba)
in subsection (8A) —
30
 
(i)
the reference to section 4 of the Land
 
 
Compensation Act 1961 were a reference to
 
 
sections 9 and 11 of the Land Compensation
 
 
(Scotland) Act 1963, and
 
 
(ii)
the reference to section 1 of the Land
35
 
Compensation Act 1961 were a reference to
 
 
section 8 of the Land Compensation (Scotland)
 
 
Act 1963, and”.
 
 
(9)
In the Localism Act 2011—
 
 
(a)
omit section 136(4);
40
 
(b)
in paragraph 12 of Schedule 13—
 

Page 17

 
(i)
in sub-paragraph (2), omit “and (2)”;
 
 
(ii)
omit sub-paragraph (3).
 
"Changes to, and revocation of, development consent orders"

Source HL Bill 110 Explanatory Notes

233. This clause will amend the process set out in Schedule 6 of the Planning Act 2008 for making changes to Development Consent Orders (DCOs) once granted for Nationally Significant Infrastructure Projects (NSIPs).

238. The territorial extent and application of this clause is England, Wales and Scotland (in Scotland only so far as required for the purpose of the construction (other than by a gas transporter) of an oil or gas cross-country pipeline), except for subsection (5) which extends to England and Wales only.

239. This clause will be commenced by regulations.
11
Changes to, and revocation of, development consent orders
 
 
(1)
Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders
 
 
granting development consent) is amended as set out in subsections (2) to
5
 
(4) .
 
 
(2)
Omit paragraph 2 (non-material changes to orders granting development
 
 
consent) and the italic heading before it.
 
 
(3)
In paragraph 3 (changes to, and revocation of, orders)—
 
 
(a)
in sub-paragraph (3)(b), omit “or paragraph 2 of this Schedule”;
10
 
(b)
in sub-paragraph (5A), after “should” insert “, when considered in
 
 
conjunction with any other changes already made,”.
 
 
(4)
In paragraph 4 (changes to, and revocation of, orders: supplementary), after
 
 
sub-paragraph (6) insert—
 
 
“(6A)
If a development consent order is changed in exercise of the power
15
 
conferred by paragraph 3(1), the development consent order
 
 
continues in force.
 
 
(6B)
If a development consent order is changed or revoked in the exercise
 
 
of the power conferred by paragraph 3(1), the change or revocation
 
 
takes effect on—
20
 
(a)
the date on which the order making the change or revocation
 
 
is made, or
 
 
(b)
if the order specifies a date on which the change or
 
 
revocation takes effect, the specified date.
 
 
(6C)
Except in a case within sub-paragraph (7), the Secretary of State
25
 
must publish an order making a change to, or revoking, a
 
 
development consent order in such manner as the Secretary of State
 
 
thinks appropriate.”
 
 
(5)
In section 118 of the Planning Act 2008 (legal challenges)—
 
 
(a)
omit subsection (5);
30
 
(b)
in subsection (6)(b), for “notice of the change or revocation” to the end
 
 
substitute “the order making the change or revocation is published.”
 
 
(6)
In consequence of the amendment in subsection (2), omit—
 
 
(a)
paragraph 4(6)(a) of Schedule 8 to the Marine and Coastal Access Act
 
 
2009,
35
 
(b)
paragraph 72(4) to (7) of Schedule 13 to the Localism Act 2011,
 
 
(c)
section 28(2) of the Infrastructure Act 2015,
 
 
(d)
paragraph 8(3)(b)(i) of Schedule 7 to the Wales Act 2017, and
 
 
(e)
section 128 of the Levelling-up and Regeneration Act 2023.
 

Page 18

"Planning Act 2008: legal challenges"

Source HL Bill 110 Explanatory Notes

240. This clause will make changes to the process for judicial reviews of National Policy Statements (NPSs) and development consent decisions made by the Secretary of State for Nationally Significant Infrastructure Projects (NSIPs) (",development consent decisions"), as provided for under sections 13 and 118 of the Planning Act 2008 respectively.

243. This clause extends and applies only to England and Wales.

244. This clause comes into force on such day as the Secretary of State may appoint by regulations.
12
Planning Act 2008: legal challenges
 
 
(1)
In the Senior Courts Act 1981, in subsection (1) of section 18 (restrictions on
 
 
appeals to Court of Appeal), after paragraph (c) insert—
 
 
“(ca)
from a refusal of permission to apply for judicial review in a
 
 
case within section 13 or 118 of the Planning Act 2008
5
 
(proceedings relating to national policy statements or
 
 
development consent), if the High Court decides that the
 
 
application for permission to apply for judicial review is totally
 
 
without merit;”.
 
 
(2)
The power to make Civil Procedure Rules must be exercised so as to secure
10
 
that Civil Procedure Rules include—
 
 
(a)
provision requiring an application for permission to apply for judicial
 
 
review in a case within section 13 or 118 of the Planning Act 2008
 
 
(proceedings relating to national policy statements or development
 
 
consent) to be decided at an oral hearing;
15
 
(b)
provision that the court may, at the oral hearing of such an application,
 
 
decide that the application is totally without merit.
 

Chapter 2

 

Electricity infrastructure

 

Connections to the electricity transmission and distribution systems

20
"Connections to electricity network: licence and other modifications"

Source HL Bill 110 Explanatory Notes

245. This clause empowers the relevant Secretary of State and the Gas and Electricity Markets Authority (GEMA) to amend electricity licences (both terms and conditions of particular licences, and standard conditions of a particular licence type), documents maintained in accordance with the conditions of licences, agreements made in accordance with a document so maintained, and qualifying distribution agreements.

246. The clause is intended for the purpose of improving the process for managing connections to the transmission or distribution system, by ensuring that the Secretary of State or the GEMA can step in, if necessary, to ensure that any required modifications can be made. Such improvements may include changing the order in which connections are made. When exercising the power, the Secretary of State or the GEMA must comply with relevant obligations under section 3A of the Electricity Act 1989.

249. The extent of the power to modify is identical for the Secretary of State and the GEMA. Granting powers to the GEMA is intended to streamline the modification process and utilise their expertise as the independent regulatory authority. In addition, the Secretary of State may also direct the GEMA to exercise the power.

250. This clause extends and applies to England, Wales and Scotland.

251. The clause will come into force upon Royal Assent.
13
Connections to electricity network: licence and other modifications
 
 
(1)
A relevant authority may modify—
 
 
(a)
the conditions of a particular electricity licence;
 
 
(b)
the terms of a particular electricity licence;
 
 
(c)
the standard conditions of electricity licences of a particular type;
25
 
(d)
a document maintained in accordance with the conditions of an
 
 
electricity licence;
 
 
(e)
an agreement entered into in pursuance of a document maintained as
 
 
mentioned in paragraph (d) ;
 
 
(f)
a qualifying distribution agreement.
30
 
(2)
A relevant authority may exercise the power under subsection (1) only for
 
 
the purpose of improving the process for managing connections to the
 
 
transmission system or the distribution system (and such an improvement
 
 
may include changing the order in which connections are made).
 
 
(3)
The Secretary of State may direct the GEMA to exercise the power under
35
 
subsection (1) .
 
 
(4)
The Secretary of State may exercise the power under subsection (3) only for
 
 
the purpose mentioned in subsection (2) .
 

Page 19

 
(5)
The power conferred by subsection (1) may not be exercised after the end of
 
 
the period of three years beginning with the day on which this section comes
 
 
into force.
 
 
(6)
Section 3A of the Electricity Act 1989 (principal objective and general duties)
 
 
applies in relation to the functions of the Secretary of State and the GEMA
5
 
under this section and sections 14 to 16 as it applies in relation to functions
 
 
of the Secretary of State or the GEMA under Part 1 of that Act .
 
 
(7)
A relevant authority may under subsection (1) modify an agreement mentioned
 
 
in subsection (1) (e) or a qualifying distribution agreement even if the effect
 
 
of the modification might amount to a repudiation of the agreement.
10
 
(8)
In this section and sections 14 to 16 —
 
 
“distribution system” has the same meaning as in Part 1 of the Electricity
 
 
Act 1989 (see the definition of “distribute” in section 4(4) of that Act);
 
 
“electricity distributor” has the same meaning as in Part 1 of that Act
 
 
(see section 6(9) of that Act);
15
 
“electricity licence” means a licence for the purposes of section 4 of that
 
 
Act;
 
 
“the GEMA” means the Gas and Electricity Markets Authority;
 
 
“qualifying distribution agreement” means—
 
 
(a)
the terms subject to which a connection is made by an electricity
20
 
distributor in pursuance of section 16(1) of the Electricity Act
 
 
1989, or
 
 
(b)
a special connection agreement as defined by section 22(1) of
 
 
that Act;
 
 
“relevant authority” means the Secretary of State or the GEMA;
25
 
“transmission system” has the same meaning as in Part 1 of the Electricity
 
 
Act 1989 (see section 4(4) of that Act).
 
"Scope of modification power under"

Source HL Bill 110 Explanatory Notes

252. This clause sets out the scope for making modifications under the power in clause 13 of this Bill.

261. This clause extends and applies to England, Wales and Scotland.

262. The clause will come into force upon Royal Assent.
14
Scope of modification power under
 
 
(1)
The power conferred by section 13 (1) to “modify” includes power to amend,
 
 
add to or remove (and, in particular, includes power to make a person a party
30
 
to an agreement or to discharge a party from its obligations under an
 
 
agreement); and references in section 13 , this section and section 15 to
 
 
modification are to be construed accordingly.
 
 
(2)
The power conferred by section 13 (1) —
 
 
(a)
may be exercised generally, only in relation to specified cases, or
35
 
subject to exceptions (including by making provision for a case to be
 
 
excepted only so long as specified conditions are satisfied);
 
 
(b)
may be exercised differently for different purposes or areas;
 
 
(c)
includes power to make incidental, supplementary, consequential or
 
 
transitional modifications.
40
 
(3)
Provision included in an electricity licence by virtue of section 13 (1) (a) or
 
 
(c) —
 

Page 20

 
(a)
may include provision of a kind mentioned in section 7 of the
 
 
Electricity Act 1989 ;
 
 
(b)
need not relate to the activities authorised by the licence.
 
 
(4)
The modification under section 13 (1) of part of a standard condition of an
 
 
electricity licence does not prevent any other part of the condition from
5
 
continuing to be regarded as a standard condition for the purposes of Part 1
 
 
of the Electricity Act 1989 .
 
 
(5)
If under section 13 (1) a relevant authority modifies the standard conditions
 
 
of an electricity licence of a particular type, the GEMA must make the same
 
 
modifications of those standard conditions for the purposes of their
10
 
incorporation in electricity licences of that type granted after that time.
 
 
(6)
Provision included in an electricity licence by virtue of section 13 (1) (b) may
 
 
in particular include provision about the circumstances in which the licence
 
 
may be revoked or suspended.
 
 
(7)
Provision included in an agreement by virtue of section 13 (1) (e) or (f) may
15
 
in particular include provision—
 
 
(a)
requiring specified conditions to be met before the taking of particular
 
 
steps under the agreement;
 
 
(b)
about the procedure for varying the agreement.
 
 
(8)
In section 33 of the Utilities Act 2000 (standard conditions of electricity
20
 
licences), in subsection (1) —
 
 
(a)
omit the “or” at the end of paragraph (k) , and
 
 
(b)
at the end insert “, or
 
 
“(m)
under section 13 of the Planning and Infrastructure Act
 
 
2025.”
25
"Procedure relating to modifications under"

Source HL Bill 110 Explanatory Notes

263. This clause sets out procedural requirements for making modifications under the power in clause 13 of this Bill.

268. This clause extends and applies to England, Wales and Scotland.

269. This clause will come into force upon Royal Assent.
15
Procedure relating to modifications under
 
 
(1)
Before making a modification under section 13 , a relevant authority must
 
 
consult—
 
 
(a)
the holder of any electricity licence proposed to be modified,
 
 
(b)
the Independent System Operator and Planner,
30
 
(c)
the GEMA or the Secretary of State (depending on which relevant
 
 
authority is proposing to make the modification), and
 
 
(d)
such other persons as the relevant authority considers appropriate.
 
 
(2)
Subsection (1) may be satisfied by consultation carried out before the passing
 
 
of this Act (as well as by consultation carried out after that time).
35
 
(3)
A relevant authority must publish details of any modifications made by it
 
 
under section 13 as soon as reasonably practicable after they are made.
 
 
(4)
A relevant authority may exclude from publication under subsection (3) any
 
 
information the publication of which would be likely to prejudice the
 
 
commercial interests of any person.
40

Page 21

 
(5)
In this section , “the Independent System Operator and Planner” means the
 
 
person for the time being designated under section 162 (1) of the Energy Act
 
 
2023 .
 
"Directions to modify connection agreements"

Source HL Bill 110 Explanatory Notes

270. This clause empowers the Secretary of State or the Gas and Electricity Markets Authority (GEMA) to direct the National Energy System Operator (NESO), referred to in the legislation as the Independent System Operator and Planner (ISOP). It also empowers an electricity distributor to amend an agreement. In the case of the ISOP, this refers to agreements entered into by the ISOP pursuant to a document maintained under an electricity licence. In the case of a distributor this refers to qualifying distribution agreements.

271. This clause follows clause 13 in its intention to improve the process for managing connections to the transmission or distribution systems. Such improvements may include changing the order in which connections are made.

277. This clause extends and applies to England, Wales and Scotland.

278. This clause will come into force upon Royal Assent.
16
Directions to modify connection agreements
 
 
(1)
A relevant authority may—
5
 
(a)
direct the Independent System Operator and Planner (“the ISOP”) to
 
 
modify an agreement entered into by the ISOP pursuant to a document
 
 
maintained in accordance with the conditions of an electricity licence;
 
 
(b)
direct an electricity distributor to modify a qualifying distribution
 
 
agreement entered into by the electricity distributor.
10
 
(2)
A relevant authority may exercise the power conferred by subsection (1) only
 
 
for the purpose of improving the process for managing connections to the
 
 
transmission system or the distribution system (and such an improvement
 
 
may include changing the order in which connections are made).
 
 
(3)
A direction under subsection (1) must describe the kinds of modification to
15
 
be made by the person to whom it is given.
 
 
(4)
A direction under subsection (1) may also require the person to whom it is
 
 
given to modify an agreement by including in it provision—
 
 
(a)
requiring specified conditions to be met before the taking of particular
 
 
steps under the agreement;
20
 
(b)
about the procedure for varying the agreement.
 
 
(5)
A direction under subsection (1) may be expressed as having effect generally,
 
 
in relation to cases within a description specified in the direction, or in relation
 
 
to a particular case.
 
 
(6)
Before giving a direction under subsection (1) , the relevant authority must
25
 
consult—
 
 
(a)
the person to whom it proposes to give the direction, and
 
 
(b)
such other persons as the relevant authority considers appropriate.
 
 
(7)
Subsection (6) may be satisfied by consultation carried out before the passing
 
 
of this Act (as well as by consultation carried out after that time).
30
 
(8)
A relevant authority must publish details of any direction it gives under
 
 
subsection (1) as soon as reasonably practicable after the direction is given.
 
 
(9)
A relevant authority may exclude from publication under subsection (8) any
 
 
information the publication of which would be likely to prejudice the
 
 
commercial interests of any person.
35
 
(10)
A person to whom a direction is given under subsection (1) must comply
 
 
with it, even if the effect of a modification made to an agreement as a result
 
 
of the direction might amount to a repudiation of the agreement.
 

Page 22

 
(11)
The power to give a direction under subsection (1) may not be exercised after
 
 
the end of the period of three years beginning with the day on which this
 
 
section comes into force.
 
 
(12)
A direction under subsection (1) may be varied or revoked by a subsequent
 
 
direction given by a relevant authority.
5
 
(13)
In this section —
 
 
“the Independent System Operator and Planner” means the person for
 
 
the time being designated under section 162 (1) of the Energy Act 2023 ;
 
 
“modify” includes amend, add to and remove (and, in particular, includes
 
 
making a person a party to an agreement and discharging a party
10
 
from its obligations under an agreement);
 
 
“qualifying distribution agreement” has the meaning given by section
 
 
13 (8) .
 
 
(14)
In Schedule 6A to the Electricity Act 1989 (provisions imposing obligations
 
 
enforceable as relevant requirements)—
15
 
(a)
in paragraph 4A (electricity system operator), after sub-paragraph (c)
 
 
insert—
 
 
“(d)
section 16 (10) of the Planning and Infrastructure Act
 
 
2025 (duty to comply with direction under section 16
 
 
of that Act).”;
20
 
(b)
in paragraph 5 (distribution licence holders), after sub-paragraph (g)
 
 
insert—
 
 
“(h)
section 16 (10) of the Planning and Infrastructure Act
 
 
2025 (duty to comply with direction under section 16
 
 
of that Act).”
25
"Managing connections to the network: strategic plans etc"

Source HL Bill 110 Explanatory Notes

279. This clause imposes duties on the National Energy System Operator (NESO), referred to in the legislation as the Independent System Operator and Planner (ISOP), and electricity distributors, to have regard to designated strategic plans when exercising their functions relating to connection applications and the management of the connection queues.

284. This clause extends and applies to England, Wales and Scotland.

285. This clause will come into force upon Royal Assent.
17
Managing connections to the network: strategic plans etc
 
 
(1)
In Part 5 of the Energy Act 2023 (Independent System Operator and Planner),
 
 
after section 165 insert—
 
"Functions relating to network connections: duty to have regard to"

Source HL Bill 110 Explanatory Notes

280. For the ISOP, this duty is created through the addition of new section 165A in Part 5 of the Energy Act 2023, as set out in subsection (1).

281. The new section 165A additionally empowers the Secretary of State to designate, by way of regulations, one or more strategic plans to which regard must be had by the ISOP when managing connections to the transmission system.

283. Subject to designation, these strategic plans could include the Clean Power 2030 Action Plan and could apply technological and locational criteria to the decision-making process for connecting to the electricity network.
 
“165A
Functions relating to network connections: duty to have regard to
 
 
designated plans
30
 
(1)
The ISOP must, when carrying out any of its functions relating to the
 
 
management of connections to the transmission system, have regard
 
 
to the designated strategic plans.
 
 
(2)
The Secretary of State may by regulations designate plans or documents
 
 
for the purposes of this section.
35
 
(3)
In subsection (1) , the reference to “the designated strategic plans” is
 
 
a reference to those plans or documents designated by regulations
 
 
under subsection (2) as they have effect at the time when the
 
 
regulations are made.”
 

Page 23

 
(2)
Part 1 of the Electricity Act 1989 (electricity supply) is amended as set out in
 
 
subsections (3) to (5) .
 
 
(3)
In section 16 (duty to connect on request)—
 
 
(a)
after subsection (2) insert—
 
 
“(2A)
In deciding how to comply with the duties under this section,
5
 
and in particular in deciding how to prioritise persons requiring
 
 
a connection, an electricity distributor must have regard to the
 
 
designated strategic plans.”;
 
 
(b)
at the end insert—
 
 
“(6)
In this section, “the designated strategic plans” means the plans
10
 
or documents designated by regulations made under section
 
 
165A (2) of the Energy Act 2023 (functions of the Independent
 
 
System Operator and Planner relating to network connections).”
 
 
(4)
In section 17 (exceptions from duty to connect), in subsection (1) —
 
 
(a)
omit the “or” at the end of paragraph (b) ;
15
 
(b)
after paragraph (b) insert—
 
 
“(ba)
it would not be in accordance with the designated
 
 
strategic plans (within the meaning of section 16) for
 
 
the distributor to do so; or”.
 
 
(5)
In Schedule 6A (provisions imposing obligations enforceable as relevant
20
 
requirements), in paragraph 4A (electricity system operator), in paragraph
 
 
(c) , for “165” substitute “ 165A ”.
 

Consents for electricity infrastructure in Scotland

 
"Consents for generating stations and overhead lines: applications"

Source HL Bill 110 Explanatory Notes

286. This clause sets out regulation-making powers to make provision about applications, including to set requirements for pre-application actions which must be completed prior to an application being made (pre-application requirements), and to set information requirements for applications. It also introduces a new reporter-led process to address an objection to an application made by a relevant planning authority, and a power to enable time limits to be set for key stages of the pre-application and application process through regulations, via various amendments to Schedule 8 of the Electricity Act 1989.

287. The Secretary of State or the Scottish Ministers will be able to make regulations on specified matters relating to applications made to Scottish Ministers seeking consent under section 36 (electricity generating stations) and section 37 (overhead lines) of the Electricity Act 1989.

297. This clause extends to England and Wales, and Scotland, but applies to Scotland only.

298. This clause will come into force two months after Royal Assent, with the exception of all regulation-making powers and subsections (1) and (6), which will come into force upon Royal Assent.
18
Consents for generating stations and overhead lines: applications
 
 
(1)
Schedule 8 to the Electricity Act 1989 (consents of the Secretary of State and
25
 
the Scottish Ministers under sections 36 and 37) is amended as follows.
 
 
(2)
After paragraph 1 insert—
 
"“Applications made to the Scottish Ministers for consent"

Source HL Bill 110 Explanatory Notes

288. Pre-application requirements may include notification of the proposed application, publication of the proposed application, and consultation on the proposed application (new paragraph 1A(3)). Powers to introduce pre-application requirements enables amendments to the current position where applications can be submitted to the Scottish Ministers without any pre-application activity, in contrast to applications made under the Town and Country Planning Act Scotland 1997 for certain developments. This clause further inserts new section 7B to Schedule 8 to the Electricity Act 1989, to enable deadlines to be set in regulations for all parties, including statutory consultees and relevant planning authorities, to respond to pre-application consultation.
 
“Applications made to the Scottish Ministers for consent
 
 
1A
(1)
The Secretary of State or the Scottish Ministers may by regulations
 
 
make provision about the following matters in relation to
30
 
applications to the Scottish Ministers for consent under section 36
 
 
or 37.
 
 
(2)
The matters are—
 
 
(a)
the steps a person must take before making an application;
 
 
(b)
the information that must be included in an application;
35
 
(c)
an acceptance stage, during which the Scottish Ministers
 
 
must assess an applicant’s compliance with any requirements
 

Page 24

 
imposed by the regulations in order to decide whether or
 
 
not to accept the application;
 
 
(d)
fees to be paid to the Scottish Ministers—
 
 
(i)
on application, or
 
 
(ii)
for anything done by them in relation to a proposed
5
 
application;
 
 
(e)
requests by the Scottish Ministers for additional information
 
 
to aid their decision whether or not to accept an application
 
 
or to grant consent.
 
 
(3)
The steps that may be the subject of provision made by virtue of
10
 
sub-paragraph (2) (a) include—
 
 
(a)
notifying prescribed persons of the proposed application,
 
 
(b)
publicising the proposed application, and
 
 
(c)
carrying out a consultation about the proposed application.”
 
 
(3)
In paragraph 2 (objections by relevant planning authority)—
15
 
(a)
in sub-paragraph (1), for “Secretary of State for his” substitute
 
 
“appropriate authority for a”;
 
 
(b)
in sub-paragraph (2), at the beginning insert “In the case of an
 
 
application made to the Secretary of State,”;
 
 
(c)
after sub-paragraph (2) insert—
20
 
“(2A)
In the case of an application made to the Scottish Ministers,
 
 
where the relevant planning authority notify the Scottish
 
 
Ministers that they object to the application and their
 
 
objection is not withdrawn, the Scottish Ministers—
 
 
(a)
must appoint a person (referred to in this Schedule
25
 
as the “reporter”) to examine the application, and
 
 
(b)
before determining whether to give their consent,
 
 
must consider the objection and the reporter’s final
 
 
report.
 
 
See paragraph 2A for the process that must be followed by
30
 
the reporter.”;
 
 
(d)
in sub-paragraph (4)—
 
 
(i)
after “(2)” insert “or (2A)”;
 
 
(ii)
for “Secretary of State” substitute “appropriate authority”;
 
 
(e)
in sub-paragraph (5), for “Secretary of State” substitute “appropriate
35
 
authority”.
 
 
(4)
After paragraph 2 insert—
 
 
“Procedure following objection by relevant planning authority: Scotland
 
 
2A
(1)
A reporter appointed under paragraph 2(2A)(a) must make proposals
 
 
as regards the appropriate procedure for examining the application.
40
 
(2)
The appropriate procedure may consist of one or more of the
 
 
following—
 

Page 25

 
(a)
considering—
 
 
(i)
the objection by the relevant planning authority,
 
 
(ii)
any other objections made in accordance with
 
 
regulations under paragraph 3(1)(c), and
 
 
(iii)
any other representations made in accordance with
5
 
an enactment;
 
 
(b)
considering new written representations about the application
 
 
from persons specified by the reporter;
 
 
(c)
holding one or more hearing sessions;
 
 
(d)
carrying out an inspection of the land to which the
10
 
application relates;
 
 
(e)
holding a public inquiry.
 
 
(3)
Where the reporter proposes a procedure that includes proceedings
 
 
within sub-paragraph (2) (b) , (c) or (e) , the proposal must include a
 
 
statement of the issues that are proposed to be within the scope of
15
 
each of those proceedings.
 
 
(4)
The reporter must—
 
 
(a)
publish the proposals,
 
 
(b)
notify all interested parties of the proposals, and
 
 
(c)
invite written representations about the proposals before the
20
 
end of the time period specified by the reporter.
 
 
(5)
The published proposals must include or be accompanied by an
 
 
explanation of the reasons for the proposals.
 
 
(6)
The reporter may hold a meeting to hear representations about the
 
 
proposals.
25
 
(7)
After considering the representations, the reporter must—
 
 
(a)
decide on the appropriate procedure for examining the
 
 
application, and
 
 
(b)
publish that decision.
 
 
(8)
The published decision must include or be accompanied by an
30
 
explanation of—
 
 
(a)
the reasons for the decision,
 
 
(b)
the intended time period for the carrying out of the
 
 
procedure, and
 
 
(c)
the intended time period within which the reporter will send
35
 
a final report to the Scottish Ministers.
 
 
(9)
Sub-paragraph (3) applies to the reporter’s decision as it applies to
 
 
the reporter’s proposals.
 
 
(10)
On completing the examination, the reporter must prepare and send
 
 
to the Scottish Ministers a final report setting out the reporter’s
40
 
recommendations on the application.
 
 
(11)
In this paragraph, “interested party” means—
 

Page 26

 
(a)
the applicant,
 
 
(b)
the relevant planning authority which made the objection
 
 
under paragraph 2(2A),
 
 
(c)
any person who has made an objection in accordance with
 
 
regulations under paragraph 3, or
5
 
(d)
any person who has made representations in accordance
 
 
with any other enactment.
 
 
(12)
The Secretary of State or the Scottish Ministers may by regulations
 
 
make provision amending or setting out further detail about the
 
 
procedure set out in this paragraph. (See also paragraph 7B (2) (e) .)
10
 
(13)
A statutory instrument containing regulations under this paragraph
 
 
is not to be made by the Secretary of State unless a draft of the
 
 
instrument has been laid before and approved by a resolution of
 
 
each House of Parliament.
 
 
(14)
Regulations made by the Scottish Ministers under this paragraph
15
 
are subject to the affirmative procedure.”
 
 
(5)
After paragraph 7A insert—
 
 
“Applications to the Scottish Ministers: time limits
 
 
7B
(1)
The Secretary of State or the Scottish Ministers may by regulations
 
 
specify a time limit for actions that may or must be taken in relation
20
 
to an application to the Scottish Ministers for consent under section
 
 
36 or 37.
 
 
(2)
The regulations may, for example, specify a time limit for—
 
 
(a)
a person to comply with a requirement of regulations under
 
 
paragraph 1A;
25
 
(b)
a person to respond to a pre-application consultation (see
 
 
paragraph 1A (3) (c) );
 
 
(c)
a person who is notified of an application in accordance with
 
 
an enactment to provide their opinion or advice on the
 
 
application;
30
 
(d)
a relevant planning authority to object to an application
 
 
under paragraph 2(2A);
 
 
(e)
a reporter to take any steps required by paragraph 2A;
 
 
(f)
the Scottish Ministers to decide an application.
 
 
(3)
The regulations may include provision about the consequences of
35
 
failure to comply with a time limit.
 
 
(4)
Where regulations under this paragraph specify a time limit for the
 
 
completion of an acceptance stage (see paragraph 1A (2) (c) ), the
 
 
regulations may not permit the extension of that limit.”
 
 
(6)
The amendments made by subsection (3) do not affect the continued
40
 
application in relation to the Scottish Ministers of regulations made under
 

Page 27

 
paragraph 2(3) of Schedule 8 to the Electricity Act 1989 before this section
 
 
comes into force.
 
"Variation of consents etc"

Source HL Bill 110 Explanatory Notes

299. This clause sets out new options for changes to be made to electricity infrastructure consents after they have been given. These include a statutory procedure for the consent-holder of a consent for an overhead line to apply for a variation to that consent (which is already in place for electricity generating stations), a power for Scottish Ministers to propose changes to either electricity generation station or overhead lines consents due to changes in environmental or technological factors, and a power for Scottish Ministers to correct errors in a consent.
19
Variation of consents etc
 
 
After section 37 of the Electricity Act 1989 insert—
 
“37A
Application for variation of section 37 consent: Scotland
5
 
(1)
The person for the time being entitled to the benefit of a section 37
 
 
consent that was granted by the Scottish Ministers may make an
 
 
application to the Scottish Ministers for the consent to be varied.
 
 
(2)
The Secretary of State or the Scottish Ministers may by regulations
 
 
make provision about variation under this section, including in
10
 
particular provision about—
 
 
(a)
the making and withdrawal of applications;
 
 
(b)
fees;
 
 
(c)
publicity and consultation requirements;
 
 
(d)
rights to make representations;
15
 
(e)
public inquiries;
 
 
(f)
consideration of applications.
 
 
(3)
The regulations may provide for any statutory provision applicable
 
 
to the grant by the Scottish Ministers of a section 37 consent to apply
 
 
with specified modifications to the variation of a section 37 consent
20
 
under this section.
 
 
(4)
On an application for a section 37 consent to be varied, the Scottish
 
 
Ministers may make such variations to the consent as appear to them
 
 
to be appropriate, having regard (in particular) to—
 
 
(a)
the applicant’s reason for seeking the variation;
25
 
(b)
the variations proposed;
 
 
(c)
any objections made to the proposed variations, the views of
 
 
consultees and the outcome of any public inquiry.
 
 
(5)
In this section—
 
 
“section 37 consent” means a consent granted under section 37
30
 
(consent required for overhead lines);
 
 
“statutory provision” means a provision of or made under an
 
 
Act, whenever passed or made; and for this purpose “Act”
 
 
includes an Act of the Scottish Parliament.
 
"Variation of section 36 and 37 consents on change of circumstances:"

Source HL Bill 110 Explanatory Notes

301. Given the extended duration of electricity infrastructure projects, sometimes conditions evolve which might include environmental or technological factors. As consents are in place for the operational life of a generating station or network project, variations may be required to ensure they do not become outdated and the infrastructure can adapt to future changes. New section 37B of the Electricity Act 1989 enables Scottish Ministers to vary an existing consent if there has been a change of technological or environmental circumstances. The consent-holder's agreement would be required for the variation to the consent to be made. The Scottish Ministers or the Secretary of State will be able to make regulations which make provision for procedure such as the process for getting agreement, publicity, notification, and consultation requirements, and the right to make representations (as set out in new section 37B(4)). Regulations made under this power are subject to the negative procedure.
 
37B
Variation of section 36 and 37 consents on change of circumstances:
35
 
Scotland
 
 
(1)
The Scottish Ministers may vary a consent under section 36 or 37 if—
 
 
(a)
they consider that the consent ought to be varied—
 

Page 28

 
(i)
because of a change in circumstances relating to the
 
 
environment, or
 
 
(ii)
because of technological changes, and
 
 
(b)
the person for the time being entitled to the benefit of the
 
 
consent agrees to the variation.
5
 
(2)
The Secretary of State or the Scottish Ministers may by regulations
 
 
make provision about variation under this section, including in
 
 
particular provision about—
 
 
(a)
the procedure for getting agreement;
 
 
(b)
publicity, notification and consultation requirements;
10
 
(c)
rights to make representations.
 
 
(3)
The regulations may provide for any statutory provision applicable
 
 
to the grant by the Scottish Ministers of a consent under section 36 or
 
 
37 to apply with specified modifications to the variation of such a
 
 
consent under this section.
15
 
(4)
In this section, “statutory provision” has the same meaning as in section
 
 
37A .
 
"Correction of errors in consent documents: Scotland"

Source HL Bill 110 Explanatory Notes

302. New section 37C of the Electricity Act 1989 enables Scottish Ministers to correct an error in a decision document recording a consent or a variation of a consent previously issued under section 36 or section 37 of the Electricity Act. The procedure would be initiated by Scottish Ministers. The consent-holder may notify the Scottish Ministers if it feels an error has been made. Subsection (2) limits the scope for corrections to errors or omissions and specifies that these may only be to the decision as recorded in the decision document, and not to the statement of reasons for the consent. The requirements of the process, such as notification of parties, may be set in regulations (under subsection (4)). This regulation-making power is subject to the negative procedure.
37C
Correction of errors in consent documents: Scotland
 
 
(1)
The Scottish Ministers may amend a decision document in order to
 
 
correct a correctable error.
20
 
(2)
In subsection (1) —
 
 
“correctable error” means an error or omission which—
 
 
(a)
is in a part of the decision document which records the
 
 
decision, and
 
 
(b)
is not part of the statement of reasons for the decision;
25
 
“decision document” means—
 
 
(a)
a document recording a consent under section 36 or 37,
 
 
or
 
 
(b)
a document recording a variation of such a consent.
 
 
(3)
The Scottish Ministers may exercise the power in subsection (1) either
30
 
of their own accord or following a written request from a person for
 
 
the time being entitled to the benefit of the consent.
 
 
(4)
The Secretary of State or the Scottish Ministers may by regulations
 
 
make provision about the process for corrections, including in
 
 
particular provision about—
35
 
(a)
the making of written requests;
 
 
(b)
notification requirements;
 
 
(c)
rights to make representations.”
 

Page 29

"Proceedings for questioning certain decisions on consents"

Source HL Bill 110 Explanatory Notes

305. This clause amends section 36D of the Electricity Act 1989, which provides for a statutory appeal to be brought by any person who is aggrieved by a decision made by the Scottish Ministers. It previously only applied to offshore electricity infrastructure consenting decisions made under section 36 of the 1989 Act, but will now be extended so that it applies to onshore electricity infrastructure consenting decisions made under section 36, decisions made under section 37 and all variation decisions.

308. This clause extends to England, Wales and Scotland, but applies to Scotland only.

309. This clause will come into force two months after Royal Assent.
20
Proceedings for questioning certain decisions on consents
 
 
(1)
Section 36D of the Electricity Act 1989 (proceedings for questioning certain
 
 
decisions under section 36) is amended as set out in subsections (2) to (4) .
 
 
(2)
For subsection (3) substitute—
 
 
“(3)
This section applies to a decision under any of the following—
5
 
(a)
section 36 (application for consent for generating station);
 
 
(b)
section 36C (application for variation of section 36 consent);
 
 
(c)
section 37 (application for consent for overhead lines);
 
 
(d)
section 37A (application for variation of section 37 consent);
 
 
(e)
section 37B (variation of consents by Scottish Ministers);
10
 
(f)
section 37C (consents and variation of consents in Scotland:
 
 
correction of errors).”
 
 
(3)
In subsection (4), for “taken” substitute “published by the Scottish Ministers”.
 
 
(4)
In the heading, for “under section 36” substitute “of the Scottish Ministers”.
 
 
(5)
In Schedule 8 to the Electricity Act 1989, in paragraph 5B (proceedings for
15
 
questioning certain decisions under paragraph 3(2)), in sub-paragraph (4), for
 
 
“taken” substitute “published by the Scottish Ministers”.
 
 
(6)
In section 237 of the Town and Country Planning (Scotland) Act 1997
 
 
(challenges to validity of development plans and certain orders, decisions
 
 
and directions), in subsection (3), after paragraph (b) insert—
20
 
“(ba)
any decision to give a direction under section 57(2) or (2ZA);”.
 
 
(7)
The amendments made by this section apply only in relation to decisions
 
 
made on or after the date on which this section comes into force.
 
"Applications for necessary wayleaves: fees"

Source HL Bill 110 Explanatory Notes

310. Necessary wayleaves are statutory rights that allow electricity licence holders to install and access their overhead electricity lines and associated infrastructure on land owned by others. They are granted in Scotland by Scottish Ministers.

313. This clause extends to England, Wales and Scotland, but applies to Scotland only.

314. This clause will come into force upon Royal Assent.
21
Applications for necessary wayleaves: fees
 
 
In Schedule 4 to the Electricity Act 1989 (other powers etc of licence holders),
25
 
after paragraph 6 insert—
 
"“Fees for applications under paragraph 6(3) to the Scottish Ministers"

Source HL Bill 110 Explanatory Notes

311. This clause inserts a new paragraph 6A into Schedule 4 to the Electricity Act 1989, empowering Scottish Ministers to make regulations to charge and set fees for necessary wayleaves applications in Scotland. Fees are already charged for necessary wayleaves applications in England and Wales, but the Scottish Government does not currently have the power to levy them in Scotland. The intention is that fees would be charged on a cost recovery basis, in line with the Scottish Government policy obligations on managing public money (as set out in the Scottish Public Finance Manual), in order to resource the processing of necessary wayleaves applications by the Scottish Government.

312. Changes to fee arrangements for section 36 and section 37 consents can be found in subsection (2) of clause 17. This regulation-making power is subject to the negative procedure.
 
“Fees for applications under paragraph 6(3) to the Scottish Ministers
 
 
6A
The Scottish Ministers may by regulations make provision about
 
 
the fees to be paid to the Scottish Ministers in relation to an
 
 
application made to them under paragraph 6(3).”
30
"Regulations"

Source HL Bill 110 Explanatory Notes

315. This clause amends section 106 of the Electricity Act 1989 to make provision for procedural requirements that apply to the new powers conferred by the provisions in clauses 18, 19, and 21.

316. This clause extends to England, Wales and Scotland, but applies to Scotland only.

317. This clause will come into force upon Royal Assent.
22
Regulations
 
 
(1)
Section 106 of the Electricity Act 1989 (regulations and orders) is amended
 
 
as follows.
 
 
(2)
In subsection (1ZA) —
 
 
(a)
for “the power conferred on” substitute “a power of”;
35

Page 30

 
(b)
for “by section 36C” substitute “to make regulations (see section 27 of
 
 
the Interpretation and Legislative Reform (Scotland) Act 2010 (Scottish
 
 
statutory instruments))”.
 
 
(3)
After subsection (2) insert—
 
 
“(2ZA)
Subsection (2) does not apply to a statutory instrument containing
5
 
(whether alone or with other provision)—
 
 
(a)
regulations under paragraph 2A of Schedule 8;”.
 
 
(4)
In subsection (3) , for the words after “under” substitute “—
 
 
“(a)
section 36C,
 
 
(b)
section 37A ,
10
 
(c)
section 37B ,
 
 
(d)
section 37C ,
 
 
(e)
paragraph 6A of Schedule 4, or
 
 
(f)
any paragraph of Schedule 8 except paragraph 2A ,
 
 
are subject to the negative procedure.”
15
 
(5)
At the end insert—
 
 
“(4)
Before making regulations under a provision listed in subsection (6)
 
 
, the Secretary of State must consult the Scottish Ministers.
 
 
(5)
Before making regulations under a provision listed in subsection (6)
 
 
, the Scottish Ministers must consult the Secretary of State.
20
 
(6)
The provisions are—
 
 
(a)
section 37A ;
 
 
(b)
section 37B ;
 
 
(c)
section 37C ;
 
 
(d)
paragraphs 1A , 2A and 7B of Schedule 8.”
25

Source HL Bill 110 Explanatory Notes

318. This clause gives effect to Schedule 1 which makes consequential amendments to the Electricity Act 1989 and reflects previous transfers of functions to Scottish Ministers.

319. This clause extends to England, Wales and Scotland, but applies to Scotland only.

320. This clause will come into force two months after Royal Assent. Schedule 1 will also come into force two months after Royal Assent, with the exception of paragraph 7 which will come into force on a day specified by regulations.

23

 
 
Schedule 1 makes—
 
 
(a)
amendments to the Electricity Act 1989 that are consequential on the
 
 
amendments made by sections 18 to 22 , and
 
 
(b)
other minor amendments relating to consents for electricity
30
 
infrastructure in Scotland (including amendments to reflect previous
 
 
transfers of functions to the Scottish Ministers).
 
"Environmental impact assessments for electricity works"

Source HL Bill 110 Explanatory Notes

321. This clause creates a power for the Secretary of State or Scottish Ministers to make limited procedural amendments to the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (EIA Regulations). As part of the consenting process for electricity infrastructure in Scotland under sections 36, 36C and 37 of the Electricity Act 1989, Scottish Ministers are required to assess the likely significant environmental effects arising from a proposed Environmental Impact Assessment (EIA) development. Before the UK left the European Union, Scottish Ministers and UK Government ministers had concurrent powers under the European Communities Act 1972 (ECA72) to make regulations for electricity works EIAs. However, although the EIA Regulations remained in force as assimilated law after the ECA72 was repealed, the result is that neither Government has powers to amend them.

325. This clause extends and applies to Scotland only.

326. This clause will come into force upon Royal Assent.
24
Environmental impact assessments for electricity works
 
 
(1)
The Secretary of State or the Scottish Ministers may by regulations amend
 
 
the Electricity Works (Environmental Impact Assessment) (Scotland)
35
 
Regulations 2017 (S.S.I. 2017/101) (the “2017 Regulations”) by making provision
 
 
described in subsection (2) in connection with environmental impact
 
 
assessments and applications made to the Scottish Ministers for—
 

Page 31

 
(a)
consent granted under section 36 or 37 of the Electricity Act 1989
 
 
(consent for construction etc of generating stations or for overhead
 
 
lines), or
 
 
(b)
variation of consent granted under section 36 of that Act.
 
 
(2)
That provision is—
5
 
(a)
provision for the Scottish Ministers to refuse an application in respect
 
 
of Schedule 2 development that is not accompanied by an EIA report
 
 
if the development has not been the subject of a screening opinion;
 
 
(b)
provision for the Scottish Ministers to charge developers fees for
 
 
screening opinions and scoping opinions;
10
 
(c)
provision about the sending of copies of EIA reports to the Scottish
 
 
Ministers;
 
 
(d)
provision about the publication by developers of the information listed
 
 
in regulation 14(2) of the 2017 Regulations (information about EIA
 
 
reports);
15
 
(e)
provision about making EIA reports available for inspection;
 
 
(f)
provision about time limits for the consultation bodies and other public
 
 
bodies to make representations to the Scottish Ministers about scoping
 
 
opinions and EIA reports;
 
 
(g)
provision about time limits for the consultation bodies and other public
20
 
bodies to enter into consultation with developers about, and to make
 
 
available, information relevant to the preparation of EIA reports;
 
 
(h)
provision about time limits for developers to provide additional
 
 
information to the Scottish Ministers;
 
 
(i)
provision about the publication by developers of the information listed
25
 
in regulation 20(3) of the 2017 Regulations (information about
 
 
additional information);
 
 
(j)
provision about making additional information available for inspection;
 
 
(k)
provision about the publication by developers of the information listed
 
 
in regulation 23(2) of the 2017 Regulations (information about
30
 
decisions);
 
 
(l)
provision that the Secretary of State or the Scottish Ministers consider
 
 
appropriate for securing that the procedures under the 2017 Regulations
 
 
operate effectively, or more effectively, alongside the procedures under
 
 
regulations made under section 36C of the Electricity Act 1989 or
35
 
paragraph 1A or 7B of Schedule 8 to that Act (inserted by section 18
 
 
of this Act).
 
 
(3)
The Secretary of State or the Scottish Ministers may by regulations amend
 
 
the 2017 Regulations by making provision described in subsection (4) in
 
 
connection with environmental impact assessments and applications made to
40
 
the Scottish Ministers for variation of consent granted under section 37 of the
 
 
Electricity Act 1989.
 
 
(4)
That provision is—
 
 
(a)
provision requiring an environmental impact assessment in respect of
 
 
the proposed variation to be carried out before Scottish Ministers—
45

Page 32

 
(i)
vary the consent, or
 
 
(ii)
direct that planning permission is deemed to be granted under
 
 
section 57(2) or (2ZA) of the Town and Country Planning
 
 
(Scotland) Act 1997 in respect of EIA development;
 
 
(b)
provision requiring the Scottish Ministers to take the environmental
5
 
information into account when carrying out an environmental impact
 
 
assessment in respect of the proposed variation;
 
 
(c)
provision applying provisions of the 2017 Regulations (including
 
 
provisions amended by regulations under subsection (1) ), with or
 
 
without modifications;
10
 
(d)
provision that the Secretary of State or the Scottish Ministers consider
 
 
appropriate for securing that the procedures under the 2017 Regulations
 
 
operate effectively, or more effectively, alongside the procedures under
 
 
regulations made under section 37A of the Electricity Act 1989 (inserted
 
 
by section 19 of this Act).
15
 
(5)
Regulations under this section may—
 
 
(a)
make different provision for different purposes or different areas;
 
 
(b)
make consequential or supplementary provision;
 
 
(c)
make transitional provision.
 
 
(6)
Regulations under this section made by the Secretary of State are to be made
20
 
by statutory instrument.
 
 
(7)
A statutory instrument containing regulations made by the Secretary of State
 
 
under this section is subject to annulment in pursuance of a resolution of
 
 
either House of Parliament.
 
 
(8)
Before making regulations under this section, the Secretary of State must
25
 
consult the Scottish Ministers.
 
 
(9)
For regulations under this section made by the Scottish Ministers, see section
 
 
27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)
 
 
(Scottish statutory instruments).
 
 
(10)
Regulations made by the Scottish Ministers under this section are subject to
30
 
the negative procedure (see section 28 of the Interpretation and Legislative
 
 
Reform (Scotland) Act 2010 (asp 10)).
 
 
(11)
Before making regulations under this section, the Scottish Ministers must
 
 
consult the Secretary of State.
 
 
(12)
In this section, subject to subsection (13) , the following terms have the same
35
 
meaning as they have in the 2017 Regulations—
 
 
“additional information”
 
 
“the consultation bodies”
 
 
“developer”
 
 
“EIA development”
40

Page 33

 
“EIA report”
 
 
“environmental impact assessment”
 
 
“environmental information”
 
 
“Schedule 2 development”
 
 
“scoping opinion”
5
 
“screening opinion”.
 
 
(13)
In subsections (3) and (4) , those terms have the same meaning in connection
 
 
with applications for variation of consent granted under section 37 of the
 
 
Electricity Act 1989 as they have, in the 2017 Regulations, in connection with
 
 
applications for variation of consent granted under section 36 of that Act.
10

Long duration electricity storage

 
"Long duration electricity storage"

Source HL Bill 110 Explanatory Notes

327. This clause inserts new section 10P into the Electricity Act 1989 to require ",the Authority" (the Gas and Electricity Markets Authority (GEMA)) to create and implement a long duration electricity storage (LDES) cap and floor scheme, to encourage the development and use of LDES installations (new sections 10P(1) and (2)). GEMA carries out its functions through the Office of Gas and Electricity Markets (",Ofgem") which is an independent regulator with defined powers, functions and duties.

332. This clause extends and applies to England, Wales and Scotland.

333. The new powers will come into effect two months after Royal Assent.
25
Long duration electricity storage
 
 
In the Electricity Act 1989, after section 10O insert—
 
 
“Long duration electricity storage
 
"Long duration electricity storage"

Source HL Bill 110 Explanatory Notes

328. Subsections (3)-(6) of new section 10P define the eligibility requirements and mechanics of the cap and floor scheme. This includes the ",cap" which is the assessed revenue threshold above which developers will pay back some or all revenues, and the ",floor" which is the minimum assessed revenue level, below which NESO will fully or partially compensate the LDES operator. The scheme will therefore provide LDES operators with revenue certainty and confidence to invest. Ofgem will regulate the LDES scheme under its standard licence conditions for generators (new section 10P (4), (5) and (8)).

329. The ",cap" and the ",floor" may be funded by the National Energy System Operator (NESO) through electricity network charges as set out in Article 18(1) of the assimilated Electricity Regulation (EU) 2019/943 (new section 10P (7)).

330. New section 10P (8) defines ",LDES operator" and ",long duration electricity storage installation".

331. New section 10P (9) gives the Secretary of State the power to amend the definition of ",long duration electricity storage installation" to allow for flexibility to respond to changing electricity markets and LDES technologies. The power is subject to a negative procedure.
10P
Long duration electricity storage
15
 
(1)
The Authority must, as soon as reasonably practicable after this section
 
 
comes into force, establish and operate a scheme in accordance with
 
 
this section.
 
 
(2)
The scheme must be designed for the purpose of encouraging the
 
 
development and use of long duration electricity storage installations.
20
 
(3)
The scheme must be open to persons who—
 
 
(a)
hold or intend to apply for a generation licence to operate a
 
 
long duration electricity storage installation, and
 
 
(b)
meet any other specified criteria.
 
 
(4)
The scheme must provide for an LDES operator who operates an
25
 
approved installation—
 
 
(a)
to receive payments from a holder of an electricity system
 
 
operator licence where the operator’s assessed revenue from
 
 
that installation is below a specified amount, in specified
 
 
circumstances, and
30
 
(b)
to make payments to a holder of an electricity system operator
 
 
licence where the operator’s assessed revenue from that
 
 
installation is above a specified amount, in specified
 
 
circumstances.
 
 
(5)
In subsection (4) —
35

Page 34

 
“an approved installation” means a long duration electricity
 
 
storage installation which is approved by the Authority for the
 
 
purposes of subsection (4) in accordance with the scheme;
 
 
“assessed revenue” , in relation to a long duration electricity
 
 
storage installation, means the difference between—
5
 
(a)
revenue of a specified kind earned or derived in
 
 
connection with that installation, and
 
 
(b)
costs of a specified kind incurred in connection with
 
 
operating the installation.
 
 
(6)
The Authority may determine how costs and revenue are to be
10
 
calculated for the purposes of the scheme.
 
 
(7)
In setting charges to which Article 18(1) of the Electricity Regulation
 
 
applies, the holder of an electricity system operator licence may take
 
 
account of payments it makes or receives under the scheme.
 
 
(8)
In this section—
15
 
“LDES operator” means a person who, under a generation licence,
 
 
generates electricity by means of a long duration electricity
 
 
storage installation;
 
 
“long duration electricity storage installation” means an
 
 
installation that—
20
 
(a)
generates electricity from stored energy,
 
 
(b)
has an electricity generating capacity of not less than
 
 
50 megawatts, and
 
 
(c)
is capable of generating electricity at its full capacity
 
 
for a continuous period of not less than eight hours;
25
 
“specified” means specified by the Authority for the purposes of
 
 
the scheme in—
 
 
(a)
a document published by the Authority, or
 
 
(b)
a condition of a licence;
 
 
“stored energy” has the meaning given by section 4(3ZB).
30
 
(9)
The Secretary of State may by regulations amend the definition of
 
 
“long duration electricity storage installation” by substituting—
 
 
(a)
for the amount of electricity generating capacity for the time
 
 
being mentioned in paragraph (b) of the definition, a different
 
 
amount;
35
 
(b)
for the period for the time being mentioned in paragraph (c)
 
 
of the definition, a different period (which may not be less
 
 
than eight hours).”
 

Consumer benefits

 
"Benefits for homes near electricity transmission projects"

Source HL Bill 110 Explanatory Notes

334. This clause empowers the Secretary of State to create a financial benefit scheme for eligible persons living near new network transmission infrastructure by inserting new sections 38A, 38B, 38C, and 38D into the Electricity Act 1989.

335. New section 38A sets out powers for the Secretary of State to establish a scheme in which eligible persons are entitled to a benefit. This benefit will largely be delivered by electricity suppliers based on the qualifying premises' proximity to new or certain upgraded network transmission infrastructure, alongside an opt-in process for a minority of households that do not have a direct relationship to an electricity supplier. Qualifying infrastructure in scope of the scheme must involve the construction, erection, expansion or improvement of an electrical plant, or an electric line that is either wholly or partly above the ground and intended to form part of a transmission system. Qualifying infrastructure may also be works that took place before regulations are made or in force, as set out in new section 38A(3).

336. The Secretary of State may make provision in secondary legislation relating to the overall design of the scheme. This includes scheme qualification, and scheme administration. The regulations may restrict a person's ability to access the benefit as a payment. The regulations may also include provision to facilitate the withdrawal or recovery of benefits when error occurs, a person ceases to be eligible, or fraud is detected. The regulations may also make provision for pass-through and enforcement. These powers are set out in new section 38A(4).

337. New section 38A(4) also confers on the Secretary of State the power to further provide for enforcement mechanisms for the scheme via civil proceedings or the imposition of monetary penalties if either the regulations have not been complied with, or that benefit under the scheme has been wrongfully obtained. These provisions are further explained under new section 38C.

338. New section 38A(5) further enables the Secretary of State by regulations, or the Gas and Electricity Markets Authority (GEMA) to amend supplier licence conditions or documents maintained in accordance with the conditions of a licence or an agreement that gives effect to a document so maintained to take into account the establishment of the scheme. This is required because GEMA regulates the suppliers and therefore may need to amend supplier licence conditions, as necessary, to take into account the obligations and responsibilities of suppliers under the scheme.

339. A statutory instrument containing regulations that make provision within new section 38A(4)(h) relating to pass-through and associated provisions, new section 38C(1)(b) relating to the imposition of monetary penalties, or new section 38D(3) relating to disclosure of information if the provision creates or amends an offence or punishment for an offence, may not be made unless a draft has been laid before and approved by each House of Parliament, as set out in new section 38A(6). A draft of such a statutory instrument is not intended to be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament (as set out in new section 38A(7)).

340. As set out in new section 38A(8), regulations made under this section bind the Crown unless otherwise stated. Additionally, the Secretary of State may provide funding to those who are administering the scheme out of money provided by Parliament for that purpose, as set out in new section 38A(9).

341. This clause also provides powers for the Secretary of State to make pass-through provision as set out in new section 38B. This provision will allow regulations to provide for circumstances where a third party (intermediary) sits between the supplier and the end-user. In these circumstances, the end-user will not receive the benefit directly, and action is required from the intermediary to make sure the end-user receives the benefit.

342. Regulations may also provide that intermediaries who will not receive the benefit automatically are required to apply for the benefit that they will then be required to pass-through to end-users as set out in new sections 38B(2)(b) and 38B(3). Regulations may provide that the intermediary will also be required to supply information about the benefit to end-users and regulations may also enable the withdrawal and recovery of payments to an intermediary where they have failed to comply with pass-through requirements, as set out in new section 38B(3)(b) and (d).

343. Electricity consumption for the purposes of the pass-through provision is defined as including cases in which electricity is used for heating, cooling, hot water, or energy (new section 38B(4)).

344. New section 38C makes further provision about the powers for regulations to provide for the enforcement of the scheme (as introduced in new section 38A). The aim of the enforcement provision is to ensure the scheme objectives are realised, that funds are not diverted from the scheme to ineligible persons and to minimise the risk of fraud in the scheme.

345. The definition of enforcement provisions set out in new section 38C(1) will allow for regulations to provide for civil proceedings, the imposition of monetary penalties where appropriate for the reasons set out in new section 38C(1)(b)(i) and (ii) and the provision for complaints procedures, dispute resolution, adjudication, appeals or redress in connection with the scheme.

346. If regulations under new section 38A impose monetary penalties, new section 38C(2) further provides that there must be the right of appeal to a court or tribunal on the grounds of both error of fact and error of law.

347. Part 2 of the Consumers, Estate Agents and Redress Act 2007 sets out the standards and requirements for handling complaints. Regulations may provide that these provisions apply where there is a complaint by an end-user. ",End-user" is defined as a person who is entitled under pass-through provision (defined in section 38B(2)) to benefit from a financial benefit under the scheme which has been provided by the supplier.

348. New section 38D makes provision to allow regulations to set out the information or evidence that must be provided to any person specified in the regulations, including electricity suppliers to enable monitoring of the scheme for the purposes of compliance. This includes provision making it an offence to use or disclose information in an unauthorised manner.

349. New section 38D(5) provides that nothing in regulations under new section 38A requires information to be disclosed or used which would harm commercial interests of any person, unless such disclosure is otherwise provided for in the regulations or is deemed necessary in view of the purpose of the regulations.

350. New section 38D(6) provides that regulations under section 38A do not authorise the disclosure or use of information that contravenes the Data Protection Act 2018 (see section 3 of that Act) or that is prohibited under the relevant parts of the Investigatory Powers Act 2016.

351. Amendments are made to section 106 of the Electricity Act 1989, to provide that subsection (2) of that Act does not apply to a statutory instrument containing regulations in relation to which new section 38A(6) applies.

352. This clause inserts in paragraph 6 of Schedule 6A to the Electricity Act 1989 that provisions in regulations made under new section 38A can be designated as relevant provision in relation to the holder of a supply licence. This enables provisions to be enforced under the existing regulatory regime in the Electricity Act 1989.

353. The territorial extent and application of this clause is England, Wales and Scotland.

354. The new powers will come into force upon Royal Assent.
26
Benefits for homes near electricity transmission projects
40
 
(1)
The Electricity Act 1989 is amended as follows.
 

Page 35

 
(2)
After section 38 insert—
 
 
“Benefits resulting from proximity to new or upgraded transmission infrastructure
 
38A
Power to establish scheme for giving of benefits
 
 
(1)
The Secretary of State may by regulations establish a scheme under
 
 
which persons with a specified connection to qualifying premises are
5
 
entitled to financial benefits provided (directly or indirectly) by
 
 
electricity suppliers.
 
 
(2)
Qualifying premises must be identified by reference to their proximity
 
 
to qualifying works.
 
 
(3)
Qualifying works must involve the construction, erection, expansion
10
 
or improvement of electrical plant or an electric line that (in either
 
 
case)—
 
 
(a)
is wholly or partly above the ground, and
 
 
(b)
forms or is intended to form part of a transmission system.
 
 
They may be works that took place before the making of the
15
 
regulations or the coming into force of this section.
 
 
(4)
The regulations may (among other things)—
 
 
(a)
make further provision determining, or for the determination
 
 
of, whether premises or works are qualifying;
 
 
(b)
confer functions in connection with the scheme;
20
 
(c)
provide for the delegation of functions conferred in connection
 
 
with the scheme;
 
 
(d)
provide for payments by electricity suppliers to meet costs
 
 
incurred in the carrying out of functions in connection with
 
 
the scheme;
25
 
(e)
provide for the costs of electricity suppliers under the scheme
 
 
to be distributed among suppliers on such basis, and by such
 
 
means, as the regulations provide;
 
 
(f)
restrict a person’s ability to obtain payment of an amount
 
 
standing to the credit of the person’s account with an electricity
30
 
supplier, where that amount derives from benefits under the
 
 
scheme;
 
 
(g)
make provision about cases in which a person who has received
 
 
benefits under the scheme in respect of premises ceases to be
 
 
entitled under the scheme in respect of the premises, including
35
 
provision for the withdrawal or recovery of the benefits;
 
 
(h)
make pass-through provision and associated provision (see
 
 
section 38B );
 
 
(i)
make enforcement provision (see section 38C );
 
 
(j)
make information provision (see section 38D ).
40

Page 36

 
(5)
To the extent that this section enables provision to be made affecting
 
 
the holders of licences, provision for that purpose may be made by
 
 
modifying, or empowering or requiring the Authority to modify—
 
 
(a)
the conditions of a licence, or
 
 
(b)
a document maintained in accordance with the conditions of
5
 
a licence, or an agreement that gives effect to a document so
 
 
maintained.
 
 
(6)
A statutory instrument containing regulations that make provision
 
 
within—
 
 
(a)
subsection (4) (h) ,
10
 
(b)
section 38C (1) (b) , or
 
 
(c)
section 38D (3) , if the provision creates or amends an offence,
 
 
or amends the punishment for an offence,
 
 
may not be made unless a draft of the instrument has been laid before,
 
 
and approved by a resolution of, each House of Parliament.
15
 
(7)
A draft laid under subsection (6) is not to be treated as a hybrid
 
 
instrument for the purposes of the standing orders of either House of
 
 
Parliament.
 
 
(8)
Regulations under this section bind the Crown unless they provide
 
 
otherwise.
20
 
(9)
The Secretary of State may, out of money provided by Parliament,
 
 
make payments to a person on whom functions are conferred by
 
 
regulations under this section for the purposes of meeting (or helping
 
 
to meet) the expenses of carrying out those functions.
 
38B
Passing of benefits to ultimate consumer
25
 
(1)
This section applies for the purposes of section 38A (4) (h) .
 
 
(2)
“Pass-through provision” is provision that—
 
 
(a)
applies where—
 
 
(i)
one person (“the intermediary”) receives benefits under
 
 
the scheme in connection with qualifying premises, and
30
 
(ii)
another person (“the end-user”) who is not living as
 
 
part of the same household as the intermediary
 
 
consumes electricity supplied to the premises, and
 
 
(b)
requires the intermediary to pass on the substance of those
 
 
benefits to the end-user.
35
 
(3)
“Associated provision” means provision that relates to pass-through
 
 
provision and—
 
 
(a)
requires intermediaries to take steps to obtain benefits that will
 
 
be subject to the requirement referred to in subsection (2) (b) ,
 
 
(b)
requires intermediaries to supply information to end-users,
40

Page 37

 
(c)
provides for the making of payments to intermediaries (in
 
 
addition to the provision of benefits of the sort mentioned in
 
 
section 38A (1) ), or
 
 
(d)
provides for the withdrawal or recovery of benefits given or
 
 
other payments made to intermediaries who fail to comply
5
 
with the requirement referred to in subsection (2) (b) .
 
 
(4)
For the purposes of subsection (2) (a) (ii) , the cases in which electricity
 
 
is consumed by a person include those in which the electricity is used
 
 
to make available to the person heating, cooling, hot water or energy.
 
38C
Enforcement of benefit scheme
10
 
(1)
In section 38A (4) (i) , “enforcement provision” means—
 
 
(a)
provision for the enforcement in civil proceedings of
 
 
requirements under the scheme,
 
 
(b)
provision for a person to impose a monetary penalty where
 
 
the person is satisfied on the balance of probabilities that—
15
 
(i)
a requirement under the regulations has not been
 
 
complied with, or
 
 
(ii)
benefits or other payments under the scheme have been
 
 
wrongfully obtained, or
 
 
(c)
provision for complaints procedures, dispute resolution,
20
 
adjudication, appeals or redress in connection with the scheme.
 
 
(2)
If regulations under section 38A provide for the imposition of monetary
 
 
penalties, they must provide a right of appeal to a court or tribunal
 
 
on grounds including both error of fact and error of law.
 
 
(3)
The provision that may be made by virtue of subsection (1) (c) includes
25
 
provision for Part 2 of the Consumers, Estate Agents and Redress Act
 
 
2007 (complaints handling and redress schemes) to apply (with or
 
 
without modifications) to end-user complaints as it applies to consumer
 
 
complaints within the meaning of that Part.
 
 
(4)
In subsection (3) , “end-user complaints” means complaints in
30
 
connection with pass-through provision made by end-users against
 
 
intermediaries or electricity suppliers (with the definitions in section
 
 
38B applying for the purposes of this subsection).
 
38D
Disclosure and use of information in connection with benefit scheme
 
 
(1)
In section 38A (4) (j) , “information provision” means provision within
35
 
subsection (2) or (3) .
 
 
(2)
Provision is within this subsection if it is provision for the disclosure
 
 
of information or evidence for the purposes of—
 
 
(a)
identifying persons entitled to benefits under the scheme,
 
 
(b)
identifying qualifying premises or qualifying works,
40

Page 38

 
(c)
checking whether requirements under, or resulting from, the
 
 
regulations are being or have been complied with,
 
 
(d)
checking payments made under the scheme,
 
 
(e)
facilitating the performance of functions conferred, or the
 
 
enforcement of duties imposed, by or as a result of the
5
 
regulations, or
 
 
(f)
evaluating the performance of the scheme.
 
 
(3)
Provision is within this subsection if it is provision about the use or
 
 
further disclosure of information disclosed—
 
 
(a)
further to provision within subsection (2) , or
10
 
(b)
otherwise in connection with the scheme.
 
 
(4)
The provision that may be made by virtue of subsection (3) includes
 
 
provision making it an offence to use or disclose information in an
 
 
unauthorised manner; but such an offence may not be made punishable
 
 
by imprisonment.
15
 
(5)
Regulations under section 38A that authorise the use or disclosure of
 
 
information are not to be taken to authorise disclosure or use that
 
 
would be liable to harm the commercial interests of any person, except
 
 
to the extent that—
 
 
(a)
the regulations otherwise provide, or
20
 
(b)
the person disclosing or using the information reasonably
 
 
considers such disclosure or use necessary in view of the
 
 
purpose of the regulations.
 
 
(6)
Regulations under section 38A do not require or authorise the
 
 
disclosure or use of information that—
25
 
(a)
contravenes the data protection legislation (but this section and
 
 
the regulations are to be taken into account in determining
 
 
whether the disclosure or use would contravene that
 
 
legislation), or
 
 
(b)
is prohibited by any of Parts 1 to 7 and Chapter 1 of Part 9 of
30
 
the Investigatory Powers Act 2016.
 
 
(7)
In subsection (6) , “the data protection legislation” has the same
 
 
meaning as in the Data Protection Act 2018 (see section 3 of that Act).”
 
 
(3)
In section 106 (regulations and orders under the Act), in subsection (2ZA)
 
 
(inserted by section 22 (3) ), after paragraph (a) insert—
35
 
“(b)
regulations in relation to which section 38A (6) applies.”
 
 
(4)
In paragraph 6 of Schedule 6A (requirements enforceable against suppliers
 
 
under section 25), before sub-paragraph (a) insert—
 
 
“(za)
any provision of regulations under section 38A that is
 
 
designated in the regulations as a relevant provision for the
40
 
purposes of this paragraph;”.
 

Page 39

Electricity transmission period

 
"Electricity transmission systems: extension of commissioning period"

Source HL Bill 110 Explanatory Notes

355. This clause amends section 6G(1)(b) of Electricity Act 1989 (Section 6F: meaning of ",commissioning period") to extend the time limit, known as the Generator Commissioning Clause (GCC) period, for offshore wind farms to transfer transmission assets that they build to a third-party offshore transmission owner (OFTO), from 18 months to 27 months, following the wind farm completion notice. The transmission assets for an offshore wind farm consist of the cables and substations used to convey the electricity an offshore wind farm generates to the onshore electricity transmission network. The amendment follows a call for evidence published in 2023 and responds to industry concerns about the GCC period being insufficiently long for the transfer of the transmission assets. 45

356. The amendment contained in this clause extends and applies to England, Wales and Scotland.

357. The new GCC period will come into effect two months after Royal Assent.
27
Electricity transmission systems: extension of commissioning period
 
 
In section 6G (1) of the Electricity Act 1989 (meaning of “commissioning period”
 
 
for the purposes of determining whether a person is to be regarded as
 
 
participating in the transmission of electricity), in paragraph (b) , for “18
5
 
months” substitute “27 months”.
 

Electricity generation on forestry land

 
"Use of forestry estate for renewable electricity"

Source HL Bill 110 Explanatory Notes

358. This clause grants the ",appropriate forestry authorities" (Forestry Commissioners in England and the Natural Resources Body for Wales) powers relating to the generation and sale of electricity from renewable sources, via developments undertaken on ",forestry land" (this term is used to refer to the Public Forest Estate in England and the Welsh Government Woodland Estate in Wales). The clause provides for this by an amendment to the Forestry Act 1967 (",Forestry Act") that inserts a new section 3A.

365. The territorial extent and application of the clause is England and Wales.

366. The clause will come into effect two months after Royal Assent, with the exception of the power to make regulations, which will come into effect upon Royal Assent.
28
Use of forestry estate for renewable electricity
 
 
In the Forestry Act 1967, after section 3 insert—
 
"Use of land in connection with renewable electricity projects"

Source HL Bill 110 Explanatory Notes

359. New section 3A(1)(a) and (b) enable the appropriate forestry authorities to bring forward, directly, or through, or with developers, proposals for the generation, storage, transmission and supply of electricity from renewable sources within and across forestry land. The appropriate forestry authorities may sell the resulting electricity.

360. New section 3A(1)(c) provides a power for the appropriate forestry authority to undertake activity for the purpose of meeting relevant conditions of development. These conditions could be required under the Town and Country Planning Act 1990 regime or in relation to Nationally Significant Infrastructure Projects (NSIPs). New section 3A(2) defines a relevant condition of development as one required in connection with a renewable electricity development on forestry land, where the condition is intended to benefit the natural environment. Together, new section 3A(1)(c) and (2) enable the appropriate forestry authority to undertake activity for, amongst other things, the creation and maintenance of biodiversity units on forestry land. Such units can then be sold to developers undertaking renewable energy development on forestry land to enable them to meet their Biodiversity Net Gain obligations (in line with the Biodiversity Net Gain hierarchy) where it is not possible for them to do so on the development site itself.

361. As set out in new section 3A(3), the appropriate forestry authorities will be deemed to be acting in a way that is consistent with their general duty (set out in section 1(2) of the Forestry Act) where they exercise their powers under new section 3A(1) for the purposes set out in subsection (3). The first of these purposes is facilitating and promoting the use of renewable electricity. The second of these purposes is obtaining funds in order to meet certain types of expenses (as set out in section 41(2) of the Forestry Act), such as salaries and pensions of staff, expenses in the exercise of statutory functions and administrative expenses and capital payments for land acquisition. The renewable electricity powers granted to the appropriate forestry authorities will provide an additional income stream for the appropriate forestry authorities. The revenue could be generated by (i) payments from renewable energy developers for use of forestry land for renewable electricity projects, (ii) offsetting the cost of electricity with renewable electricity generated on-site, or (iii) earning income from exporting surplus renewable electricity generated on site.

362. New section 3A(4) will require the appropriate forestry authorities to exercise their new renewable energy functions in a way that achieves a reasonable balance with the considerations already set out in section 1(3A) of the Forestry Act: the development and management of forests and timber supplies, the conservation and enhancement of natural beauty, and the conservation of flora, fauna and geological or physiographical features of special interest.

363. New section 3A(5),(6) and (7) set out that the appropriate national authority (the Secretary of State and Welsh Ministers in Wales) will be able to make regulations by negative procedure requiring the relevant appropriate forestry authority to obtain ministerial consent before using their powers relating to renewable electricity and making associated provision.

364. New section 3A(9) clarifies the meaning of the term ",storage" because, as a technical matter, electricity is not itself ",stored".
“3A
Use of land in connection with renewable electricity projects
10
 
(1)
The appropriate forestry authority may—
 
 
(a)
use, or enter into arrangements in connection with the use of,
 
 
forestry land for the generation, storage, transmission or supply
 
 
of renewable electricity;
 
 
(b)
sell, or enter into other arrangements concerning, renewable
15
 
electricity generated, stored or supplied on, or transmitted
 
 
across, forestry land;
 
 
(c)
use, or enter into arrangements in connection with the use of,
 
 
forestry land for activity that—
 
 
(i)
is intended to satisfy, or enable the satisfaction of, a
20
 
relevant condition of development (whether existing or
 
 
contemplated), or
 
 
(ii)
otherwise arises in connection with such a condition.
 
 
(2)
For the purposes of subsection (1) (c) , a relevant condition of
 
 
development is a condition of development that—
25
 
(a)
relates to renewable electricity development located wholly or
 
 
partly on forestry land, and
 
 
(b)
is intended to benefit the natural environment of land.
 
 
(3)
The exercise of the powers in subsection (1) for either of the following
 
 
purposes is to be taken to be consistent with the appropriate forestry
30
 
authority’s general duty under section 1(2)—
 
 
(a)
facilitating or promoting the use of renewable electricity;
 
 
(b)
obtaining funds for meeting the expenses referred to in section
 
 
41(2) or, in the case of land in Wales, for the activities of the
 
 
Natural Resources Body for Wales.
35
 
(4)
When the appropriate forestry authority are considering the exercise
 
 
of those powers, section 1(3A) applies as if it included a further
 
 
paragraph referring to those purposes.
 

Page 40

 
(5)
The appropriate national authority may by regulations made by
 
 
statutory instrument—
 
 
(a)
provide that the appropriate forestry authority may not exercise
 
 
their powers under this section without the appropriate national
 
 
authority’s consent;
5
 
(b)
make provision about the process by which that consent is to
 
 
be sought and given or refused;
 
 
(c)
provide for that consent to be given subject to conditions.
 
 
(6)
Regulations under subsection (5) —
 
 
(a)
may make different provision for different purposes or areas;
10
 
(b)
may include consequential, incidental, supplementary,
 
 
transitional or saving provision.
 
 
(7)
A statutory instrument containing regulations under subsection (5) is
 
 
subject to annulment in pursuance of a resolution of—
 
 
(a)
either House of Parliament, in the case of regulations made by
15
 
the Secretary of State;
 
 
(b)
Senedd Cymru, in the case of regulations made by the Welsh
 
 
Ministers.
 
 
(8)
In this section—
 
 
“appropriate national authority” means—
20
 
(a)
the Secretary of State, in relation to the Commissioners;
 
 
(b)
the Welsh Ministers, in relation to the Natural Resources
 
 
Body for Wales;
 
 
“condition of development” means—
 
 
(a)
a condition to which planning permission is subject, or
25
 
(b)
a requirement contained in an order granting
 
 
development consent under the Planning Act 2008
 
 
(development consent for nationally significant
 
 
infrastructure);
 
 
“forestry land” means land placed at the disposal of the
30
 
appropriate forestry authority under this Act;
 
 
“natural environment” , in relation to land, includes—
 
 
(a)
its plants, animals and other living organisms,
 
 
(b)
their habitats, and
 
 
(c)
its geological features;
35
 
“renewable electricity” means electricity produced from sources
 
 
other than—
 
 
(a)
coal,
 
 
(b)
lignite,
 
 
(c)
peat,
40
 
(d)
natural gas, within the meaning of the Energy Act 1976,
 
 
(e)
crude liquid petroleum,
 

Page 41

 
(f)
petroleum products, within the meaning of the Energy
 
 
Act 1976,
 
 
(g)
any substance produced directly or indirectly from a
 
 
substance within paragraphs (a) to (f) ,
 
 
(h)
energy derived from any substance within paragraphs
5
 
(a) to (g) , or
 
 
(i)
nuclear fuel;
 
 
“renewable electricity development” means development the main
 
 
purpose of which is the generation, storage, transmission or
 
 
supply of renewable electricity.
10
 
(9)
References in this section to the storage of electricity are to the storage
 
 
of energy converted from electricity for the purpose of its reconversion
 
 
into electricity.”
 

Chapter 3

 

Transport infrastructure

15

Amendments to the Highways Act 1980

 
"Fees for certain services"

Source HL Bill 110 Explanatory Notes

367. This clause inserts new section 281B into the Highways Act 1980 (HA80). The section provides a new power for the Secretary of State in England and Welsh Ministers in Wales to make provision in regulations for public authorities (limited to certain statutory bodies and local planning authorities) to charge applicants for their services in connection to certain HA80 schemes and orders. Provision as to who will have the ability to charge will be prescribed in regulations.

374. The clause extends and applies to England and Wales.

375. The clause will come into force two months after Royal Assent.
29
Fees for certain services
 
 
(1)
The Highways Act 1980 is amended as follows.
 
 
(2)
After section 281A (stamp duty land tax) insert—
 
"Power to provide for fees for certain services"

Source HL Bill 110 Explanatory Notes

368. New section 281B(1) provides the relevant national authority with the power to make regulations for and in connection with fees charged by particular public authorities (to be specified in regulations) when providing services associated with HA80 orders and schemes.

369. New section 281B(2) defines a relevant service as including any advice, information or other assistance (e.g., responding to a consultation) in connection to orders under Parts 2, 6 or 12 of HA80. This also includes any other prescribed matters in regulations relating to an order or proposed order under section 2, 6 or 12 of the HA80.

370. New section 281B(3) specifies that the regulations made under subsection (1) may in particular make provision about and include: when a fee may or may not be charged; the amount which may be charged; what may and may not be taken into account when calculating a charge; who is liable to pay and when they must pay; the recovery of any fees charged; details of waiver, reduction or repayment of fees; the effect of failing to pay such fees; the supply of information for any purpose of the regulations; and conferring a function, including a function involving the exercise of a discretion, on any person.

371. New section 281B(4) sets out that prescribed public authorities must have regard to any guidance published by the Secretary of State or Welsh Ministers which relates to any requirements set out in regulations.

372. New section 281B(5) sets out that regulations made under this section include the power to make different provision for different cases and to make incidental, consequential, supplementary, transitional or transitory provision or savings.

373. New section 281B(6) defines the terms ",national authority", ",prescribed" and ",public authority" for the purpose of this section.
“281B
Power to provide for fees for certain services
20
 
(1)
The appropriate national authority may by regulations make provision
 
 
for, or in connection with, the charging of fees to highway authorities
 
 
by prescribed public authorities, in relation to the provision of relevant
 
 
services.
 
 
(2)
A “relevant service” means any advice, information or other assistance
25
 
(including a response to a consultation) provided, whether or not to
 
 
a highway authority, in connection with—
 
 
(a)
an order made, or proposed to be made, under Part 2, 6 or 12,
 
 
or
 
 
(b)
any other prescribed matter relating to any of those Parts.
30
 
(3)
The regulations under subsection (1) may, in particular, make
 
 
provision—
 
 
(a)
about when a fee (including a supplementary fee) may, and
 
 
may not, be charged;
 
 
(b)
about the amount which may be charged;
35
 
(c)
about what may, and may not, be taken into account in
 
 
calculating the amount charged;
 
 
(d)
about which highway authority is liable to pay a fee charged;
 

Page 42

 
(e)
about when a fee charged is payable;
 
 
(f)
about the recovery of fees charged;
 
 
(g)
about waiver, reduction or repayment of fees;
 
 
(h)
about the effect of paying or failing to pay fees charged
 
 
(including provision permitting a prescribed public authority
5
 
to withhold a relevant service that it would otherwise be
 
 
required to provide under an enactment until any outstanding
 
 
fees for that service are paid);
 
 
(i)
for the supply of information for any purpose of the
 
 
regulations;
10
 
(j)
conferring a function, including a function involving the
 
 
exercise of a discretion, on any person.
 
 
(4)
A prescribed public authority must have regard to—
 
 
(a)
any guidance published by the Secretary of State in relation to
 
 
the exercise of the authority’s functions under regulations made
15
 
under this section by the Secretary of State;
 
 
(b)
any guidance published by the Welsh Ministers in relation to
 
 
the exercise of the authority’s functions under regulations made
 
 
under this section by the Welsh Ministers.
 
 
(5)
Regulations under this section may make—
20
 
(a)
different provision for different purposes or areas;
 
 
(b)
incidental, consequential, supplementary, transitional or
 
 
transitory provision or savings.
 
 
(6)
In this section—
 
 
“appropriate national authority” means—
25
 
(a)
in relation to England, the Secretary of State, and
 
 
(b)
in relation to Wales, the Welsh Ministers;
 
 
“prescribed” means prescribed by regulations made by the
 
 
appropriate national authority under this section;
 
 
“public authority” means any person certain of whose functions
30
 
are of a public nature.”
 
 
(3)
In section 325 (provisions as to regulations, schemes and orders)—
 
 
(a)
before subsection (2) insert—
 
 
“(1B)
The power of the Welsh Ministers to make regulations under
 
 
section 281B is exercisable by statutory instrument.”;
35
 
(b)
in subsection (2)(a), after “8A” insert “or regulations made by the
 
 
Welsh Ministers under section 281B ”;
 
 
(c)
after subsection (2A) insert—
 
 
“(2B)
A statutory instrument containing regulations made by the
 
 
Welsh Ministers under section 281B is subject to annulment in
40
 
pursuance of a resolution of Senedd Cymru.
 

Page 43

"Power of strategic highways company in relation to trunk roads"

Source HL Bill 110 Explanatory Notes

376. Currently section 10 orders are made by a highway authority in the form of a draft statutory instrument and then formally made by the Secretary of State in England in the form of a statutory instrument. This differs from the process undertaken for section 16 and 106(3) schemes, in which orders are made under seal by the highway authority (either the Strategic or Local Highway Authority) and then confirmed by the Secretary of State in England.

379. The clause extends and applies to England and Wales.

380. This clause will come into force two months after Royal Assent.
30
Power of strategic highways company in relation to trunk roads
 
 
(1)
Section 10 of the Highways Act 1980 (trunk roads) is amended as set out in
 
 
subsections (2) to (6) .
 
 
(2)
Omit subsection (2A).
 
 
(3)
In subsection (3), for “this section” substitute “subsection (2)”.
5
 
(4)
In subsection (3A), after “power” insert “under subsection (2)”.
 
 
(5)
In subsection (4), for “this section” substitute “subsection (2)”.
 
 
(6)
After subsection (4) insert—
 
 
“(4A)
A strategic highways company may by order direct—
 
 
(a)
that a highway for which the company is the highway authority
10
 
is to become a trunk road,
 
 
(b)
in relation to a highway in the company’s area for which the
 
 
company is not the highway authority, that—
 
 
(i)
the highway is to become a trunk road, and
 
 
(ii)
the company is to become the highway authority for it,
15
 
or
 
 
(c)
that a trunk road for which the company is the highway
 
 
authority is to cease to be a trunk road.
 
 
(4B)
In subsection (4A) (b) —
 
 
(a)
the reference to the company’s area is to the area in respect of
20
 
which it was appointed (see section 2(1) of the Infrastructure
 
 
Act 2015), and
 
 
(b)
the reference to a highway for which the company is not the
 
 
highway authority includes a proposed highway to be
 
 
constructed by the company.
25
 
(4C)
A strategic highways company may make an order under subsection
 
 
(4A) only if it is satisfied that the order is expedient for the purpose
 
 
of extending, improving or reorganising the national system of routes
 
 
for through traffic in England and Wales.
 
 
(4D)
A strategic highways company may be satisfied as mentioned in
30
 
subsection (4C) only after taking into consideration the requirements
 
 
of local and national planning, including the requirements of
 
 
agriculture.
 
 
(4E)
An order under subsection (4A) —
 
 
(a)
must specify the date on which it takes effect, and
35
 
(b)
must be confirmed by the Secretary of State.
 
 
(4F)
Subsections (3) and (4) apply in relation to the power in subsection
 
 
(4A) as they apply in relation to the power in subsection (2).
 

Page 44

 
(4G)
The powers in this section are subject to section 33(4) of the Planning
 
 
Act 2008 (exclusion of powers to make or confirm orders in relation
 
 
to highways for which development consent required).”
 
 
(7)
In Schedule 1 to the Highways Act 1980 (procedures for making or confirming
 
 
orders and schemes), after paragraph 1 insert—
5
 
“1A
Where an order under section 10 of this Act is submitted to the
 
 
Secretary of State by a strategic highways company, that company
 
 
must publish, in the manner specified in paragraph 1, the notice
 
 
there referred to; and that paragraph has effect in relation to the
 
 
notice as if, for the references to the draft order and the making of
10
 
the order, there were substituted references to the order as submitted
 
 
to the Secretary of State and the confirmation of the order
 
 
respectively.”
 
"Deadlines for consultation and decisions on certain orders and schemes"

Source HL Bill 110 Explanatory Notes

381. The objection period for specific Highways Act 1980 orders and schemes is currently set at a period of not less than six weeks. This differs from the relevant periods for consultation, receipt of objections or receipt of representations in other consenting regimes. Under the Planning Act 2008 regime, for example, a period of 28 days starting with the day after relevant material is received is provided to prescribed bodies, local authorities and those with an interest in land to provide consultation responses to an applicant.

382. There is also currently no statutory deadline that governs the duration of the decision stage for certain orders and schemes made under the HA80 consenting process.
31
Deadlines for consultation and decisions on certain orders and schemes
 
 
(1)
Schedule 1 to the Highways Act 1980 (procedures for making or confirming
15
 
certain orders and schemes) is amended as follows.
 
 
(2)
In paragraph 1 , in sub-paragraph (b) , for “6 weeks from the date of the
 
 
publication of the notice” substitute “the minimum period specified in
 
 
paragraph 2A ”.
 
 
(3)
After paragraph 2 insert—
20
 
“2A
The minimum period is—
 
 
(a)
30 days from the date of the publication of the notice, in the
 
 
case of an order proposed by, or submitted to, the Secretary
 
 
of State;
 
 
(b)
6 weeks from the date of the publication of the notice, in
25
 
the case of an order proposed by, or submitted to, the Welsh
 
 
Ministers.”
 
 
(4)
After paragraph 8 insert—
 
 
“8A
(1)
This paragraph applies where the Secretary of State is exercising
 
 
the functions conferred by paragraph 8.
30
 
(2)
The Secretary of State must—
 
 
(a)
decide to make or confirm the proposed order,
 
 
(b)
decide not to make or confirm the proposed order, or
 
 
(c)
decide to give notification under paragraph 8(3)(a),
 
 
within the period of 10 weeks beginning with the relevant day.
35
 
(3)
Subject to sub-paragraph (4) , the relevant day is the day on which
 
 
any of the following occurs in relation to the proposed order—
 
 
(a)
the period specified in the notice published under paragraph
 
 
1 or (as the case may be) paragraph 5 expires with no
 
 
qualifying objection having been received by the Secretary
40
 
of State;
 

Page 45

 
(b)
a qualifying objection is withdrawn with the result that no
 
 
qualifying objections remain live;
 
 
(c)
the Secretary of State decides under paragraph 7(2) to
 
 
dispense with an inquiry;
 
 
(d)
the Secretary of State receives the report of the person who
5
 
has held a local inquiry.
 
 
(4)
In a case where—
 
 
(a)
the Secretary of State has to decide whether to confirm a
 
 
related compulsory purchase order, and
 
 
(b)
the relevant day in relation to that compulsory purchase
10
 
order is later than the relevant day specified in
 
 
sub-paragraph (3) ,
 
 
the relevant day for the purposes of sub-paragraph (2) is the relevant
 
 
day in relation to the compulsory purchase order.
 
 
(5)
The relevant day in relation to a related compulsory purchase order
15
 
is the day on which the procedure that must be followed before the
 
 
Secretary of State can decide whether to confirm the order (not
 
 
including any duty on the Secretary of State to consider certain
 
 
matters before taking that decision) is completed.
 
 
(6)
Where the Secretary of State gives notification under paragraph
20
 
8(3)(a), the Secretary of State must decide whether or not to make
 
 
or confirm the proposed order within the period of 10 weeks
 
 
beginning with the final day of the period specified under paragraph
 
 
8(3)(b).
 
 
(7)
Sub-paragraphs (4) and (5) apply for postponing the first day of the
25
 
period referred to in sub-paragraph (6) as they apply for postponing
 
 
the relevant day for the purposes of sub-paragraph (2) .
 
 
(8)
If the Secretary of State has decided to proceed in accordance with
 
 
paragraph 8(2), sub-paragraphs (2) to (7) of this paragraph apply
 
 
separately in relation to each part of the proposals that is being
30
 
given separate consideration.
 
 
(9)
The Secretary of State may in any particular case, if the Secretary
 
 
of State considers it appropriate, extend a period that applies under
 
 
this paragraph.
 
 
(10)
The power under sub-paragraph (9) may be exercised—
35
 
(a)
more than once in relation to the same period;
 
 
(b)
after the expiry of the period.
 
 
(11)
The Secretary of State must give written notice of any extension—
 
 
(a)
in a case where the proposed order has already been made,
 
 
to the authority that made it, and
40
 
(b)
to each person who has made a qualifying objection and not
 
 
withdrawn it.
 
 
(12)
In this paragraph—
 

Page 46

 
“qualifying objection” means an objection received as described
 
 
in paragraph 7(1)(a) or (b);
 
 
“related compulsory purchase order” , in relation to a proposed
 
 
order, means a compulsory purchase order proceedings on
 
 
which could, by virtue of section 257(1), be taken
5
 
concurrently with any proceedings under this Schedule on
 
 
the proposed order.”
 
 
(5)
In paragraph 10 —
 
 
(a)
the existing text becomes sub-paragraph (1);
 
 
(b)
in paragraph (b) of that sub-paragraph, for “6 weeks from the date of
10
 
the publication of the notice” substitute “the minimum period specified
 
 
in sub-paragraph (2) ”;
 
 
(c)
after that sub-paragraph insert—
 
 
“(2)
The minimum period is—
 
 
(a)
30 days from the date of the publication of the notice,
15
 
in the case of a scheme proposed by, or submitted
 
 
to, the Secretary of State;
 
 
(b)
6 weeks from the date of the publication of the notice,
 
 
in the case of a scheme proposed by, or submitted
 
 
to, the Welsh Ministers.”
20
 
(6)
After paragraph 15 insert—
 
 
“15A
(1)
This paragraph applies where the Secretary of State is exercising
 
 
the functions conferred by paragraph 15.
 
 
(2)
The Secretary of State must—
 
 
(a)
decide to make or confirm the proposed scheme,
25
 
(b)
decide not to make or confirm the proposed scheme, or
 
 
(c)
decide to give notification under paragraph 15(3)(a),
 
 
within the period of 10 weeks beginning with the relevant day.
 
 
(3)
Subject to sub-paragraph (4) , the relevant day is the day on which
 
 
any of the following occurs in relation to the proposed scheme—
30
 
(a)
the period specified in the notice published under paragraph
 
 
10 or (as the case may be) paragraph 12 expires with no
 
 
qualifying objection having been received by the Secretary
 
 
of State;
 
 
(b)
a qualifying objection is withdrawn with the result that no
35
 
qualifying objections remain live;
 
 
(c)
the Secretary of State decides under paragraph 14(2) to
 
 
dispense with an inquiry;
 
 
(d)
the Secretary of State receives the report of the person who
 
 
has held a local inquiry.
40
 
(4)
In a case where—
 
 
(a)
the Secretary of State has to decide whether to confirm a
 
 
related compulsory purchase order, and
 

Page 47

 
(b)
the relevant day in relation to that compulsory purchase
 
 
order is later than the relevant day specified in
 
 
sub-paragraph (3) ,
 
 
the relevant day for the purposes of sub-paragraph (2) is the relevant
 
 
day in relation to the compulsory purchase order.
5
 
(5)
The relevant day in relation to a related compulsory purchase order
 
 
is the day on which the procedure that must be followed before the
 
 
Secretary of State can decide whether to confirm the order (not
 
 
including any duty on the Secretary of State to consider certain
 
 
matters before taking that decision) is completed.
10
 
(6)
Where the Secretary of State gives notification under paragraph
 
 
15(3)(a), the Secretary of State must decide whether or not to make
 
 
or confirm the proposed scheme within the period of 10 weeks
 
 
beginning with the final day of the period specified under paragraph
 
 
15(3)(b).
15
 
(7)
Sub-paragraphs (4) and (5) apply for postponing the first day of the
 
 
period referred to in sub-paragraph (6) as they apply for postponing
 
 
the relevant day for the purposes of sub-paragraph (2) .
 
 
(8)
If the Secretary of State has decided to proceed in accordance with
 
 
paragraph 15(2), sub-paragraphs (2) to (7) of this paragraph apply
20
 
separately in relation to each part of the proposals that is being
 
 
given separate consideration.
 
 
(9)
The Secretary of State may in any particular case, if the Secretary
 
 
of State considers it appropriate, extend a period that applies under
 
 
this paragraph.
25
 
(10)
The power under sub-paragraph (9) may be exercised—
 
 
(a)
more than once in relation to the same period;
 
 
(b)
after the expiry of the period.
 
 
(11)
The Secretary of State must give written notice of any extension—
 
 
(a)
in a case where the proposed scheme has already been made,
30
 
to the authority that made it, and
 
 
(b)
to each person who has made a qualifying objection and not
 
 
withdrawn it.
 
 
(12)
In this paragraph—
 
 
“qualifying objection” means an objection received as described
35
 
in paragraph 14(1)(a) or (b);
 
 
“related compulsory purchase order” , in relation to a proposed
 
 
scheme, means a compulsory purchase order proceedings
 
 
on which could, by virtue of section 257(1), be taken
 
 
concurrently with any proceedings under this Schedule on
40
 
the proposed scheme.”
 

Page 48

"Procedure for certain orders and schemes"

Source HL Bill 110 Explanatory Notes

392. Currently the power to make or confirm schemes under sections 16 and 106(3) of the Highways Act 1980 (HA80) is exercisable by statutory instrument. Similarly, section 10 orders are made by the highway authority in the form of a draft statutory instrument which is brought into force by the Secretary of State in England. Although the statutory instrument is not subject to any parliamentary procedure, extra time is necessary to produce these instruments.

396. The clause extends and applies to England and Wales.

397. This clause will come into force two months after Royal Assent.
32
Procedure for certain orders and schemes
 
 
(1)
The Highways Act 1980 is amended as follows.
 
 
(2)
In section 325 (provision for certain regulations, orders and schemes to be
 
 
made by statutory instrument)—
 
 
(a)
in the heading, omit “, schemes”;
5
 
(b)
in subsection (1)—
 
 
(i)
omit paragraph (b);
 
 
(ii)
in paragraph (d), after “sections” insert “10,”.
 
 
(3)
In section 326 (revocation and variation of schemes and orders)—
 
 
(a)
in subsection (2)—
10
 
(i)
after “An order” insert “or scheme”;
 
 
(ii)
after “section” insert “10,”;
 
 
(iii)
after “14B,” insert “16,”;
 
 
(iv)
after “27,” insert “106(3),”;
 
 
(v)
after “orders” insert “or schemes”;
15
 
(vi)
after “subsequent order” insert “or scheme”;
 
 
(b)
after subsection (2) insert—
 
 
“(2A)
Subsection (2) does not apply to an order or scheme under
 
 
section 10, 16 or 106(3) made or confirmed by the Welsh
 
 
Ministers (but see section 325(1A)).”;
20
 
(c)
in subsection (6), before “14,” insert “10,”.
 
 
(4)
In Schedule 1 (procedures for making or confirming certain orders and
 
 
schemes), after paragraph 19 insert—
 
 
“19A
On making or confirming an order or scheme in accordance with
 
 
this Schedule, the Secretary of State must publish on a government
25
 
website—
 
 
(a)
notice of the making or confirmation of the order or scheme,
 
 
(b)
if the order or scheme was made with modifications, a
 
 
summary of those modifications, and
 
 
(c)
either—
30
 
(i)
a copy of the order or scheme, together with any
 
 
maps or plans referred to in it, or
 
 
(ii)
an explanation of where and how that documentation
 
 
can be inspected.”
 
"Compulsory acquisition powers to include taking of temporary possession"

Source HL Bill 110 Explanatory Notes

398. Currently there is no clear provision available to allow Highways Act 1980 (HA80) project promotors to temporarily use and possess land (such as for construction purposes) by compulsion. In lieu of such a provision, if a project promotor cannot come to a commercial agreement with the landowner(s) for a licence to access the land they require, the project promoter will typically apply for powers of compulsory acquisition to enable it to use the land.

399. The intention of this clause is to provide clarity that project promotors under the HA80 regime can temporarily use and possess land (such as for construction purposes) by compulsion. This clause amends section 250(8) of the HA80 to include ",the right to take temporary possession or occupation of land".

400. This clause also has the effect of making the same land compensation provisions for compulsory purchase available in relation to temporary possession (adapted as necessary).
33
Compulsory acquisition powers to include taking of temporary possession
35
 
In section 250(8) of the Highways Act 1980 (compulsory acquisition by creation
 
 
of new rights to include rights of carrying out certain activity on land), after
 
 
“references to” insert “—
 
 
“(a)
the right to take temporary possession or occupation of land,
 
 
and
40

Page 49

 
(b)
.
 

Amendments to the Transport and Works Act 1992

 
34
Replacement of model clauses with guidance
 
 
In the Transport and Works Act 1992, for section 8 (model clauses) substitute—
 
“8
Guidance on draft orders
5
 
(1)
The Secretary of State may publish guidance about the preparation of
 
 
draft orders, for cases in which rules under section 6 require the
 
 
submission of such drafts to the Secretary of State.
 
 
(2)
The Welsh Ministers may publish guidance about the preparation of
 
 
draft orders, for cases in which rules under section 6 require the
10
 
submission of such drafts to the Welsh Ministers.
 
 
(3)
The guidance may set out model provisions considered suitable for
 
 
inclusion in the drafts (whether generally or in certain cases).
 
 
(4)
In arriving at a determination under section 13 in a case to which
 
 
guidance under this section applies, the Secretary of State or (as the
15
 
case may be) the Welsh Ministers must have regard to—
 
 
(a)
any departure from the guidance, and
 
 
(b)
any reasons given by the applicant for that departure.”
 
35
Removal of special procedure for projects of national significance
 
 
(1)
In the Transport and Works Act 1992, omit section 9 (special procedure for
20
 
projects considered to be of national significance).
 
 
(2)
In consequence of that amendment—
 
 
(a)
in section 3 of the Statutory Orders (Special Procedure) Act 1945
 
 
(petitions against orders), omit subsection (4A);
 
 
(b)
in section 12 of the Transport and Works Act 1992 (special
25
 
parliamentary procedure), omit subsection (2);
 
 
(c)
in the Channel Tunnel Rail Link Act 1996, omit section 42 (application
 
 
of section 9 of the 1992 Act to certain proposals affecting the Channel
 
 
Tunnel).
 
 
(3)
The amendments made by this section do not apply in relation to an
30
 
application in respect of which a notice under section 9(2) of the Transport
 
 
and Works Act 1992 has been published before this section comes into force.
 
36
Duty to hold inquiry or hearing
 
 
(1)
Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is
 
 
amended as follows.
35

Page 50

 
(2)
In subsection (3) (duty to hold inquiry or hearing on request from objector),
 
 
for the words from “an objection” to “applies,” substitute “—
 
 
“(a)
an objection is made by a person within subsection (4),
 
 
(b)
the person informs the Secretary of State in writing that the
 
 
person wishes the objection to be referred to an inquiry or dealt
5
 
with in accordance with subsection (2), and
 
 
(c)
the Secretary of State considers that the objection is serious
 
 
enough to merit such treatment,”.
 
 
(3)
After subsection (3) insert—
 
 
“(3A)
In a case in which the powers in subsections (1) and (2) are exercisable
10
 
by the Welsh Ministers, subsection (3) is to be read as referring to the
 
 
Welsh Ministers instead of the Secretary of State.”
 
 
(4)
The amendments made by this section do not apply in relation to an
 
 
application in respect of which rule 5(1) of the Transport and Works
 
 
(Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I.
15
 
2006/1466) has been complied with before this section comes into force.
 
37
Costs of inquiries
 
 
(1)
Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is
 
 
amended as follows.
 
 
(2)
In subsection (5) (application of section 250 of the Local Government Act
20
 
1972), before paragraph (a) insert—
 
 
“(za)
the powers of direction, certification and order-making
 
 
conferred by section 250(4) and (5) as applied by this subsection
 
 
may, unless otherwise directed by the Secretary of State or the
 
 
Welsh Ministers, be exercised on their behalf by the person
25
 
holding the inquiry,”.
 
 
(3)
After subsection (5) insert—
 
 
“(5A)
The power of direction conferred by section 250(4) of the Local
 
 
Government Act 1972 (costs of inquiry) as applied by subsection (5)
 
 
is, in the case of an application under section 6, to be exercised so as
30
 
to require the applicant to pay the costs in question, unless the person
 
 
exercising the power considers that there is good reason to exercise
 
 
it differently.”
 
 
(4)
In subsection (6) (application to hearings of provisions applied to inquiries),
 
 
after “(costs)” insert “, and subsection (5A) of this section,”.
35
 
(5)
The amendments made by subsections (3) and (4) do not apply in relation to
 
 
an application in respect of which rule 5(1) of the Transport and Works
 
 
(Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I.
 
 
2006/1466) has been complied with before this section comes into force.
 

Page 51

38
Deadline for decisions
 
 
(1)
The Transport and Works Act 1992 is amended as follows.
 
 
(2)
In section 13 (making or refusal of orders), after subsection (6) insert—
 
 
“(7)
The Secretary of State may, for cases involving applications under
 
 
section 6, make rules as to the period within which—
5
 
(a)
a determination under subsection (1) must be made, or
 
 
(b)
a step must be taken as required by subsection (4), section 13B
 
 
or section 13C.
 
 
(8)
Rules under subsection (7) —
 
 
(a)
may provide for periods to be determined or changed by the
10
 
Secretary of State or the Welsh Ministers in individual cases;
 
 
(b)
may provide for the postponement of a requirement under the
 
 
rules where a fee payable in connection with the application
 
 
is not paid on time;
 
 
(c)
may make different provision for different cases;
15
 
(d)
if they apply in relation to Wales, may be made only with the
 
 
agreement of the Welsh Ministers;
 
 
(e)
must be made by statutory instrument;
 
 
and such an instrument is subject to annulment in pursuance of a
 
 
resolution of either House of Parliament.”
20
 
(3)
In consequence of that amendment—
 
 
(a)
in section 13(6), for “to 13D” substitute “and 13C”;
 
 
(b)
omit section 13D (requirement to determine EIA application or proposal
 
 
within reasonable time);
 
 
(c)
in section 14(3A)(a), for “to 13D” substitute “and 13C”.
25
39
Publication of decisions and time for bringing challenge
 
 
(1)
The Transport and Works Act 1992 is amended as follows.
 
 
(2)
In section 14 (publicity for making or refusal of order)—
 
 
(a)
in subsection (1), for paragraphs (b) and (c) substitute “and
 
 
“(b)
publish the notice on a government website.”;
30
 
(b)
in subsection (2), for “(1)(a)” substitute “(1)”;
 
 
(c)
omit subsection (2A);
 
 
(d)
in subsection (3A), for “notices” substitute “notice”;
 
 
(e)
for subsection (3AA) substitute—
 
 
“(3AA)
If the determination is for the making of an EIA order, the
35
 
notice under subsection (1) must include the information
 
 
specified in subsection (3AB).”;
 
 
(f)
in subsection (4)—
 

Page 52

 
(i)
for “a notice” substitute “a copy of the notice under subsection
 
 
(1)”;
 
 
(ii)
omit the words from “; and” to the end.
 
 
(3)
In section 22(1) (period for challenging order), for the words from “within”
 
 
to “published” substitute “before the end of the period of 6 weeks beginning
5
 
with the day after the day on which notice of the determination to make the
 
 
order is first published under section 14(1) (b) ”.
 
 
(4)
In consequence of those amendments—
 
 
(a)
in section 12(3)(c) (modification of section 22(1) where special
 
 
parliamentary procedure applies), for “the notice required by section
10
 
14(1)(b) is published” substitute “notice is first published under section
 
 
14(1) (b) ”;
 
 
(b)
in section 13(5) (date of operation of order), for the words from “the
 
 
notice” to “published” substitute “notice of the determination to make
 
 
the order is first published under section 14(1) (b) ”.
15
 
(5)
The amendments made by this section do not apply in relation to a
 
 
determination made before this section comes into force or any order made
 
 
further to such a determination.
 
40
Fees for certain services
 
 
After section 23 of the Transport and Works Act 1992 insert—
20
“23A
Fees for certain services in connection with orders
 
 
(1)
The appropriate national authority may by regulations make provision
 
 
for, or in connection with, the charging of fees to applicants under
 
 
section 6 by prescribed public authorities, in relation to the provision
 
 
of relevant services.
25
 
(2)
A “relevant service” means any advice, information or other assistance
 
 
(including a response to a consultation) provided, whether or not to
 
 
an applicant under section 6, in connection with—
 
 
(a)
an application under section 6, or
 
 
(b)
any other prescribed matter relating to an order, or proposed
30
 
order, under section 1 or 3.
 
 
(3)
Regulations made under subsection (1) may, in particular, make
 
 
provision—
 
 
(a)
about when a fee (including a supplementary fee) may, and
 
 
may not, be charged;
35
 
(b)
about the amount which may be charged;
 
 
(c)
about what may, and may not, be taken into account in
 
 
calculating the amount charged;
 
 
(d)
about when a fee charged is payable;
 
 
(e)
about the recovery of fees charged;
40
 
(f)
about waiver, reduction or repayment of fees;
 

Page 53

 
(g)
about the effect of paying or failing to pay fees charged
 
 
(including provision permitting a prescribed public authority
 
 
to withhold a relevant service that it would otherwise be
 
 
required to provide under an enactment until any outstanding
 
 
fees for that service are paid);
5
 
(h)
for the supply of information for any purpose of the
 
 
regulations;
 
 
(i)
conferring a function, including a function involving the
 
 
exercise of a discretion, on any person.
 
 
(4)
A prescribed public authority must have regard to—
10
 
(a)
any guidance published by the Secretary of State in relation to
 
 
the exercise of the authority’s functions under regulations made
 
 
under this section by the Secretary of State;
 
 
(b)
any guidance published by the Welsh Ministers in relation to
 
 
the exercise of the authority’s functions under regulations made
15
 
under this section by the Welsh Ministers.
 
 
(5)
Regulations under this section may make—
 
 
(a)
different provision for different purposes or areas;
 
 
(b)
incidental, consequential, supplementary, transitional or
 
 
transitory provision or savings.
20
 
(6)
Regulations under this section are to be made by statutory instrument.
 
 
(7)
A statutory instrument containing regulations made by the Secretary
 
 
of State under this section is subject to annulment in pursuance of a
 
 
resolution of either House of Parliament.
 
 
(8)
A statutory instrument containing regulations made by the Welsh
25
 
Ministers under this section is subject to annulment in pursuance of
 
 
a resolution of Senedd Cymru.
 
 
(9)
In this section—
 
 
“appropriate national authority” means—
 
 
(a)
in relation to England and cross-border orders, the
30
 
Secretary of State, and
 
 
(b)
in relation to Wales but not cross-border orders, the
 
 
Welsh Ministers;
 
 
“cross-border order” means an order under section 1 or 3 that
 
 
has effect both in England and in Wales;
35
 
“prescribed” means prescribed by regulations made by the
 
 
appropriate national authority under this section;
 
 
“public authority” means any person certain of whose functions
 
 
are of a public nature.”
 

Page 54

41
Disapplication of heritage regimes
 
 
(1)
In the Transport and Works Act 1992, for section 17 (listed buildings and
 
 
conservation areas) substitute—
 
 
“17
Disapplication of certain authorisation regimes for the protection of
 
 
heritage
5
 
(1)
An order under section 1 or 3 may provide that works or operations
 
 
authorised by the order do not require—
 
 
(a)
consent under section 8 of the Planning (Listed Buildings and
 
 
Conservation Areas) Act 1990 (listed building consent in
 
 
England),
10
 
(b)
consent under section 89 of the Historic Environment (Wales)
 
 
Act 2023 (asc 3) (listed building consent in Wales),
 
 
(c)
consent under section 162 of that Act (conservation area consent
 
 
for demolition in Wales),
 
 
(d)
consent under section 2(3) or 3 of the Ancient Monuments and
15
 
Archaeological Areas Act 1979 (scheduled monument consent
 
 
in England),
 
 
(e)
consent under section 13 of the Historic Environment (Wales)
 
 
Act 2023 (scheduled monument consent in Wales), or
 
 
(f)
notice under section 35 of the Ancient Monuments and
20
 
Archaeological Areas Act 1979 (notice of operations in areas
 
 
of archaeological importance in England).
 
 
(2)
See also section 12(3A) of the Planning (Listed Buildings and
 
 
Conservation Areas) Act 1990 and section 94(4) of the Historic
 
 
Environment (Wales) Act 2023 (application for listed building consent
25
 
required in consequence of proposals under this Act to be made
 
 
directly to the Secretary of State).”
 
 
(2)
Schedule 2 makes amendments in consequence of that made by subsection
 
 
(1) .
 
 
(3)
The amendments made by this section (and by Schedule 2 ) do not apply in
30
 
relation to an order applied for under section 6 of the Transport and Works
 
 
Act 1992 if rule 5(1) of the Transport and Works (Applications and Objections
 
 
Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied
 
 
with in respect of the application before this section comes into force.
 
 
(4)
The amendment made by subsection (1) does not affect the continued force
35
 
of section 12(3A) of the Planning (Listed Buildings and Conservation Areas)
 
 
Act 1990.
 

Page 55

42
Deemed consent under marine licence
 
 
(1)
In the Transport and Works Act 1992, after section 19 insert—
 
“19A
Deemed consent under marine licences
 
 
(1)
An order of the Secretary of State under section 1 or 3 may include
 
 
provision deeming a marine licence to have been granted by the
5
 
Secretary of State for activities specified in the order (being activities
 
 
for which the Secretary of State is the appropriate licensing authority).
 
 
(2)
Activity specified under subsection (1) must be carried out wholly in
 
 
one or more of these areas—
 
 
(a)
England;
10
 
(b)
waters adjacent to England up to the seaward limits of the
 
 
territorial sea;
 
 
(c)
an exclusive economic zone, except any part of an exclusive
 
 
economic zone in relation to which the Scottish Ministers have
 
 
functions;
15
 
(d)
a Renewable Energy Zone, except any part of a Renewable
 
 
Energy Zone in relation to which the Scottish Ministers have
 
 
functions;
 
 
(e)
an area designated under section 1(7) of the Continental Shelf
 
 
Act 1964, except any part of that area which is within a part
20
 
of an exclusive economic zone or Renewable Energy Zone in
 
 
relation to which the Scottish Ministers have functions.
 
 
(3)
An order of the Welsh Ministers under section 1 or 3 may include
 
 
provision deeming a marine licence to have been granted by the Welsh
 
 
Ministers for activities specified in the order (being activities for which
25
 
the Welsh Ministers are the appropriate licensing authority).
 
 
(4)
An order including provision under subsection (1) or (3) may also
 
 
include provision—
 
 
(a)
deeming the licence to have been granted subject to such
 
 
conditions as may be specified in the order;
30
 
(b)
deeming any such conditions to have been attached to the
 
 
marine licence by the Secretary of State or (as the case may be)
 
 
the Welsh Ministers under Part 4 of the MCAA 2009.
 
 
(5)
If an order includes provision of the sort mentioned in paragraphs (a)
 
 
and (b) of subsection (4) , sections 68 (notice of applications) and 69(3)
35
 
and (5) (representations) of the MCAA 2009 do not apply in relation
 
 
to the deemed marine licence.
 
 
(6)
In this section—
 
 
“the appropriate licensing authority” has the meaning given by
 
 
section 113 of the MCAA 2009;
40
 
“exclusive economic zone” has the meaning given by section
 
 
322(1) of the MCAA 2009;
 

Page 56

 
“marine licence” means a marine licence under Part 4 of the
 
 
MCAA 2009;
 
 
“the MCAA 2009” means the Marine and Coastal Access Act 2009;
 
 
“Renewable Energy Zone” has the meaning given by section 84(4)
 
 
of the Energy Act 2004.
5
 
(7)
For the purposes of this section, waters are to be treated as adjacent,
 
 
or as not adjacent, to England if they would be so treated for the
 
 
purposes of section 113 of the MCAA 2009 as a result of sections 322(4)
 
 
to (9) of that Act.”
 
 
(2)
The amendments made by this section do not apply in relation to an order
10
 
applied for under section 6 of the Transport and Works Act 1992 if rule 5(1)
 
 
of the Transport and Works (Applications and Objections Procedure) (England
 
 
and Wales) Rules 2006 (S.I. 2006/1466) has been complied with in respect of
 
 
the application before this section comes into force.
 
43
Authorisation of applications by local authorities
15
 
(1)
In section 20 of the Transport and Works Act 1992 (power to apply for or
 
 
object to orders)—
 
 
(a)
in subsection (2), omit “by subsection (3) or (4)”;
 
 
(b)
after subsection (4) insert—
 
 
“(5)
In the case of a local authority to which section 239 of the Local
20
 
Government Act 1972 applies, a resolution to make an
 
 
application passed, by virtue of this section, in accordance with
 
 
subsection (2)(a) of that section does not need to be confirmed
 
 
in accordance with subsection (2)(b) of that section.”
 
 
(2)
The amendments made by this section do not apply in relation to an
25
 
application or objection that is the subject of a resolution under section
 
 
239(2)(a) of the Local Government Act 1972 passed before this section comes
 
 
into force.
 
44
Extension to Scotland of certain amendments
 
 
The amendments made to the Transport and Works Act 1992 by the following
30
 
provisions are extended to Scotland—
 
 
(a)
Schedule 3 to the Environmental Impact Assessment (Miscellaneous
 
 
Amendments Relating to Harbours, Highways and Transport)
 
 
Regulations 2017 (S.I. 2017/1070);
 
 
(b)
regulation 4(3) and (4) of the Merchant Shipping and Other Transport
35
 
(Environmental Protection) (Amendment) (EU Exit) Regulations 2019
 
 
(S.I. 2019/311).
 

Page 57

45
Power to make consequential amendments
 
 
(1)
The Secretary of State may by regulations made by statutory instrument make
 
 
provision that is consequential on sections 34 to 44 .
 
 
(2)
Regulations under this section may amend—
 
 
(a)
an Act, or
5
 
(b)
an Act or Measure of Senedd Cymru,
 
 
passed before the end of the session of Parliament in which this Act is passed.
 
 
(3)
Regulations under this section may include incidental, supplemental,
 
 
transitional and saving provision.
 
 
(4)
A statutory instrument containing (whether alone or with other provision)
10
 
regulations made in reliance on subsection (2) may not be made unless a draft
 
 
of the statutory instrument containing them has been laid before, and approved
 
 
by a resolution of, each House of Parliament.
 
 
(5)
Any other statutory instrument containing regulations under this section is
 
 
subject to annulment in pursuance of a resolution of either House of
15
 
Parliament.
 

Harbours

 
46
Fees for applications for harbour orders
 
 
(1)
Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision
 
 
orders and harbour empowerment orders) is amended as set out in subsections
20
 
(2) to (4) .
 
 
(2)
In paragraph 7(1) (things to accompany applications)—
 
 
(a)
after paragraph (a) insert “and”;
 
 
(b)
omit paragraph (c) and the preceding “and”.
 
 
(3)
In paragraph 9 (duty not to consider application unless certain requirements
25
 
met), omit sub-paragraph (a).
 
 
(4)
After paragraph 9 insert—
 
 
“Fees
 
 
9A
(1)
The Secretary of State may, by regulations, provide for fees to be
 
 
payable by applicants for harbour revision orders.
30
 
(2)
Such regulations may—
 
 
(a)
provide for the amount of a fee to be determined by a
 
 
method laid down in the regulations;
 
 
(b)
empower or require the Secretary of State not to take steps
 
 
in relation to an application if a fee is not paid on time;
35

Page 58

 
(c)
provide for the payment of a deposit on account of a fee
 
 
that will or may become payable (in which case paragraphs
 
 
(a) and (b) apply to the deposit as they apply to the fee);
 
 
(d)
make incidental or supplemental provision;
 
 
(e)
make different provision for different purposes.”
5
 
(5)
In section 54 of the Harbours Act 1964 (orders and regulations), after
 
 
subsection (6) insert—
 
 
“(7)
As to the power to make regulations under paragraph 9A of Schedule
 
 
3 (fees for applications)—
 
 
(a)
where the power is exercised by the Secretary of State—
10
 
(i)
the regulations are to be made by statutory instrument,
 
 
and
 
 
(ii)
a statutory instrument containing such regulations is
 
 
subject to annulment in pursuance of a resolution of
 
 
either House of Parliament;
15
 
(b)
where the power is exercised by the Welsh Ministers (see
 
 
section 17(2C))—
 
 
(i)
the regulations are to be made by statutory instrument,
 
 
and
 
 
(ii)
a statutory instrument containing such regulations is
20
 
subject to annulment in pursuance of a resolution of
 
 
Senedd Cymru;
 
 
(c)
where the power is exercised by the Scottish Ministers (see
 
 
section 17(2C)), the regulations are subject to the negative
 
 
procedure (see section 28 of the Interpretation and Legislative
25
 
Reform (Scotland) Act 2010).”
 
 
(6)
Subsection (7) applies if regulations under paragraph 9A of Schedule 3 to the
 
 
Harbours Act 1964 (inserted by subsection (4) ) come into force before
 
 
subsection (2) comes fully into force.
 
 
(7)
No fee is payable under paragraph 7(1)(c) of that Schedule in respect of an
30
 
application if regulations under paragraph 9A of that Schedule apply to the
 
 
application.
 

Electric vehicle charge points

 
47
Installation of electric vehicle charge points
 
 
(1)
Section 48 of the New Roads and Street Works Act 1991 (streets, street works
35
 
and undertakers) is amended as set out in subsections (2) to (5) .
 
 
(2)
After subsection (3) , insert—
 
 
“(3ZA)
In this Part “street works” also includes works of any of the following
 
 
kinds executed in a street in England in pursuance of a street works
 
 
permit—
40

Page 59

 
(a)
placing apparatus that is a public charge point, or
 
 
(b)
inspecting, maintaining, adjusting, repairing, altering, renewing,
 
 
changing the position of or removing apparatus that is a public
 
 
charge point,
 
 
or works required for or incidental to any such works (including, in
5
 
particular, breaking up or opening the street, or any sewer, drain or
 
 
tunnel under it, or tunnelling or boring under the street).”
 
 
(3)
In subsection (3A) , in the words before paragraph (a) , after “(3)” insert “or
 
 
(3ZA) ”.
 
 
(4)
In subsection (4) —
10
 
(a)
for “in relation to street works” substitute “—
 
 
“(a)
in relation to street works mentioned in subsection (3),”;
 
 
(b)
at the end insert—
 
 
“(b)
in relation to street works described in subsection (3ZA)
 
 
, means the person who in accordance with the street
15
 
works permit is permitted to carry out the works.”
 
 
(5)
In subsection (5) —
 
 
(a)
from “are to” to “licence” substitute “(including public charge points)
 
 
are to the person entitled, by virtue of—
 
 
“(a)
a statutory right,
20
 
(b)
a street works licence, or
 
 
(c)
where the apparatus is a public charge point installed
 
 
in England in pursuance of a street works permit, the
 
 
permit,”;
 
 
(b)
after (3) insert “or (3ZA) ”.
25
 
(6)
In section 51 of that Act (prohibition of unauthorised street works), in
 
 
subsection (3) for “works for” to the end substitute “—
 
 
“(a)
works for road purposes,
 
 
(b)
emergency works of any description, or
 
 
(c)
street works as described in section 48 (3ZA) (works relating
30
 
to public charge points executed in a street in England in
 
 
pursuance of a street works permit).”
 
 
(7)
In section 105 (1) of that Act (minor definitions)—
 
 
(a)
at the appropriate places insert—
 
 
““public charge point” means a charge point within the meaning
35
 
of Part 2 of the Automated and Electric Vehicles Act 2018 that
 
 
is provided for use by members of the general public;”;
 
 
““street works permit” means a permit granted pursuant to a
 
 
permit scheme prepared under Part 3 of the Traffic
 
 
Management Act 2004 ;”;
40

Page 60

 
(b)
in the definition of “statutory right”, for the words from “a right
 
 
exercisable” to the end substitute—
 
 
“(a)
a right exercisable by virtue of a street works licence,
 
 
or
 
 
(b)
a right, exercisable by virtue of a street works permit,
5
 
to carry out street works described in section 48 (3ZA) .”
 
 
(8)
In section 106 of that Act (index of defined expressions)—
 
 
(a)
at the appropriate places insert—
 
 
“public charge point
 
 
section 105(1)”;
 
 
“street works permit
10
 
section 105(1)”.
10
 
(b)
in the entry for “street works”, after “48(3)” insert “and (3ZA) ”.
 
 
(9)
In section 115E of the Highways Act 1980 (execution of works and use of
 
 
objects etc. by persons other than councils)—
 
 
(a)
in subsection (1) , for “(5)” substitute “(6)”;
 
 
(b)
after subsection (5) insert—
15
 
“(6)
A council may not under this section grant a person permission
 
 
to do anything relating to a public charge point in England
 
 
which is capable of being authorised by a street works permit
 
 
or a street works licence.
 
 
(7)
In this section—
20
 
“public charge point” means a charge point within the
 
 
meaning of Part 2 of the Automated and Electric
 
 
Vehicles Act 2018 that is provided for use by members
 
 
of the general public;
 
 
“street works permit” means a permit granted pursuant
25
 
to a permit scheme prepared under Part 3 of the Traffic
 
 
Management Act 2004 .”
 

Part 2

 

Planning

 

Chapter 1

30

Planning decisions

 
48
Fees for planning applications etc
 
 
(1)
Section 303 of the Town and Country Planning Act 1990 (fees for planning
 
 
applications etc) is amended as set out in subsections (2) to (5) .
 

Page 61

 
(2)
After subsection (5) insert—
 
 
“(5A)
Regulations made by the Secretary of State under subsection (1) or (2)
 
 
may authorise or require a local planning authority in England to set
 
 
the level of a fee or charge.
 
 
(5B)
Regulations under subsection (1ZA) may authorise or require the
5
 
Mayor of London or a specified person to set the level of a fee or
 
 
charge.
 
 
(5C)
Provision made in reliance on subsection (5A) or (5B) must include
 
 
provision about—
 
 
(a)
consultation to be carried out in relation to the setting of the
10
 
level of a fee or charge;
 
 
(b)
the criteria to be applied when setting the level of a fee or
 
 
charge;
 
 
(c)
publication of information or reports;
 
 
(d)
obligations to notify the Secretary of State;
15
 
(e)
reviews of the level of a fee or charge.”
 
 
(3)
After subsection (8A) insert—
 
 
“(8B)
Where—
 
 
(a)
a local planning authority in England, the Mayor of London
 
 
or a specified person calculates the amount of a fee or charge
20
 
in pursuance of regulations under subsection (1) or (1ZA), or
 
 
(b)
a local planning authority in England, the Mayor of London
 
 
or a specified person sets the level of a fee or charge in
 
 
pursuance of regulations under subsection (1), (1ZA) or (2),
 
 
the fee or charge must be calculated or set with a view to ensuring
25
 
that, so far as possible, it does not exceed the cost of carrying out the
 
 
function in respect of which it is imposed.
 
 
(8C)
A local planning authority in England, the Mayor of London or a
 
 
specified person must secure that their income from fees or charges
 
 
paid in pursuance of regulations made under subsection (1), (1ZA) or
30
 
(2) is applied towards the carrying out of functions that the authority,
 
 
Mayor or person has that fall within subsection (8D) .
 
 
(8D)
The functions that fall within this subsection are—
 
 
(a)
functions under—
 
 
(i)
Part 3,
35
 
(ii)
in Part 7, section 191 or 192, or
 
 
(iii)
Part 8;
 
 
(b)
in the case of the Mayor of London, functions under section
 
 
2A and related functions under sections 2B to 2F;
 
 
(c)
functions under Part 1 of the Planning (Listed Buildings and
40
 
Conservation Areas) Act 1990;
 
 
(d)
functions under section 17 of the Land Compensation Act 1961;
 

Page 62

 
(e)
functions specified for the purposes of this paragraph in
 
 
regulations made by the Secretary of State,
 
 
other than functions in connection with applications made in legal
 
 
proceedings.”
 
 
(4)
In subsection (10) , after “planning authority” insert “in Wales”.
5
 
(5)
Omit subsection (10A) .
 
 
(6)
After section 303 of the Town and Country Planning Act 1990 insert—
 
 
“303ZZA
Directions in relation to fees set by English local planning
 
 
authorities etc
 
 
(1)
This section applies where—
10
 
(a)
by virtue of section 303 (5A) or (5B) , a local planning authority
 
 
in England, the Mayor of London or a specified person (a
 
 
“charging authority”) has set or is proposing to set its own fee
 
 
or charge in respect of a matter, and
 
 
(b)
the Secretary of State considers that the fee or charge is set or
15
 
proposed to be set at a level that is not appropriate.
 
 
(2)
The Secretary of State may direct the charging authority to review the
 
 
level of the fee or charge.
 
 
(3)
A charging authority to which a direction is given under subsection
 
 
(2) must—
20
 
(a)
review the fee or charge, and
 
 
(b)
notify the Secretary of State of its decision as a result of the
 
 
review, giving reasons.
 
 
(4)
Subsection (5) applies where—
 
 
(a)
a charging authority fails to comply with subsection (3) , or
25
 
(b)
a charging authority complies with that subsection but the
 
 
Secretary of State considers that the fee or charge remains set
 
 
at a level that is not appropriate.
 
 
(5)
The Secretary of State may direct that the fee or charge is to be of
 
 
such amount as may be specified in, or determined in accordance
30
 
with, the direction.
 
 
(6)
The Secretary of State may by regulations make provision—
 
 
(a)
about the time by which any requirement imposed by or under
 
 
this section must be complied with;
 
 
(b)
about the fee or charge that is to apply while a charging
35
 
authority reviews a fee or charge following a direction under
 
 
subsection (2) ;
 
 
(c)
about repayment of the whole or part of any fee or charge
 
 
where the level of the fee or charge is reduced as a result of a
 
 
direction under subsection (2) or (5) .
40

Page 63

 
(7)
In this section “specified person” has the same meaning as in section
 
 
303.”
 
49
Surcharge on planning fees
 
 
In the Town and Country Planning Act 1990 , after section 303ZZA (inserted
 
 
by section 48 ) insert—
5
“303ZZB
Surcharge on planning fees
 
 
(1)
The Secretary of State may by regulations make provision for a
 
 
surcharge to be imposed on a fee or charge paid—
 
 
(a)
to a local planning authority in England under section 303(1)
 
 
or (2),
10
 
(b)
to the Mayor of London or a specified person under section
 
 
303(1ZA), or
 
 
(c)
to the Secretary of State under section 303(1A), (2), (3) or (4A).
 
 
(2)
Where regulations under subsection (1) provide for a surcharge to be
 
 
imposed on a fee or charge paid to a person other than the Secretary
15
 
of State, that person must pay to the Secretary of State the amount
 
 
they receive from any surcharges—
 
 
(a)
subject to such deductions, and
 
 
(b)
at the times and in the manner,
 
 
as set out in regulations under subsection (1) .
20
 
(3)
Regulations under subsection (1) may—
 
 
(a)
specify the level of the surcharge as a percentage of the level
 
 
of a fee or charge;
 
 
(b)
make different provision for different purposes, including
 
 
setting different levels of surcharge for different fees, charges,
25
 
cases or circumstances.
 
 
(4)
Regulations under subsection (1) may provide that where the level of
 
 
the fee or charge has been set by—
 
 
(a)
a local planning authority under section 303 (5A) , or
 
 
(b)
the Mayor of London or a specified person under section
30
 
303 (5B) ,
 
 
the surcharge may be set as a percentage of the fee or charge that
 
 
would be payable had the level of the fee or charge not been so set.
 
 
(5)
The Secretary of State must list in regulations the persons whose
 
 
relevant costs the surcharge is intended to cover (“listed persons”).
35
 
(6)
In setting the level of the surcharge, the Secretary of State must have
 
 
regard to the relevant costs of the listed persons, and must secure that,
 
 
taking one financial year with another, the income from the surcharge
 
 
does not exceed the relevant costs of the listed persons.
 

Page 64

 
(7)
In subsections (5) and (6), “relevant costs” means the costs of providing
 
 
advice, information or assistance (including the provision of a response
 
 
to a consultation) in connection with—
 
 
(a)
applications,
 
 
(b)
proposed applications, or
5
 
(c)
proposals for a permission, approval or consent,
 
 
that are made under or for the purposes of the planning Acts and that
 
 
relate to land in England.
 
 
(8)
Regulations under subsection (1) may set the surcharge at a level that
 
 
exceeds the costs of listed persons of providing advice, information
10
 
or assistance in connection with the application, proposed application
 
 
or proposal in respect of which the surcharge is imposed.
 
 
(9)
Paragraphs (a) to (f) of section 303(5) apply to regulations under this
 
 
section as they apply to regulations under subsection (1) , save that
 
 
references to a fee or charge are to be read as references to the
15
 
surcharge.
 
 
(10)
A statutory instrument containing regulations under this section may
 
 
not be made unless a draft of the instrument has been laid before, and
 
 
approved by a resolution of, each House of Parliament.”
 
50
Training for local planning authorities in England
20
 
In the Town and Country Planning Act 1990 , after section 319 insert—
 
 
“England: training in the exercise of certain planning functions
 
319ZZA
Training: local planning authorities in England
 
 
(1)
The Secretary of State may by regulations make provision for and in
 
 
connection with the training of members of local planning authorities
25
 
in their exercise of such relevant planning functions as are prescribed.
 
 
(2)
Such regulations must provide for satisfactory completion of the
 
 
training to be evidenced by a certificate valid for a prescribed period
 
 
(a “certificate of completion”).
 
 
(3)
A member of a local planning authority who does not hold a valid
30
 
certificate of completion is prohibited from—
 
 
(a)
exercising the prescribed relevant planning functions on behalf
 
 
of a local planning authority, or
 
 
(b)
being involved in exercising the prescribed relevant planning
 
 
functions on behalf of a local planning authority as a member
35
 
of a committee or any other body.
 
 
(4)
Regulations under subsection (1) may, in particular—
 
 
(a)
provide for accreditation by the Secretary of State of—
 
 
(i)
courses of training, and
 

Page 65

 
(ii)
persons providing such courses;
 
 
(b)
impose requirements as to record-keeping, including by
 
 
imposing such requirements on a training provider.
 
 
(5)
Regulations under subsection (1) must require a local planning
 
 
authority to publish on their website which of their members hold
5
 
valid certificates of completion.
 
 
(6)
The validity of anything done in the exercise of a prescribed relevant
 
 
planning function is not affected by any breach of subsection (3) .
 
 
(7)
In this section—
 
 
(a)
references to a local planning authority are to a local planning
10
 
authority in England;
 
 
(b)
references to a member of a local planning authority include
 
 
a person who (though not a member of a local planning
 
 
authority) is an appointed member of a committee or
 
 
sub-committee of a local planning authority.
15
 
(8)
This section applies in relation to a relevant planning function
 
 
conferred on a mineral planning authority as if references to a local
 
 
planning authority were to a mineral planning authority in England.
 
 
(9)
In this section, “relevant planning function” means—
 
 
(a)
a function under—
20
 
(i)
Part 3;
 
 
(ii)
in Part 7, sections 191(4) and 192(2);
 
 
(iii)
Part 8;
 
 
(iv)
in Part 10, section 257;
 
 
(b)
a function under section 17 of the Land Compensation Act
25
 
1961;
 
 
(c)
a function under Part 1 of the Planning (Listed Buildings and
 
 
Conservation Areas) Act 1990 ;
 
 
(d)
a function of imposing or amending any condition, limitation
 
 
or other restriction on a permission, approval or consent
30
 
required by or under an enactment specified in paragraph (a)
 
 
or (c) ;
 
 
(e)
an enforcement function exercisable in relation to—
 
 
(i)
development carried out without a permission, approval
 
 
or consent required by or under an enactment specified
35
 
in paragraph (a) or (c) , or
 
 
(ii)
a failure to comply with any condition, limitation or
 
 
other restriction of any such permission, approval or
 
 
consent.
 
 
(10)
In subsection (9) any reference to a function under an enactment
40
 
includes a function under an instrument made under the enactment.
 

Page 66

319ZZB
Training: certain mayoral planning functions
 
 
(1)
The Secretary of State may by regulations make provision for and in
 
 
connection with the training of persons who may exercise relevant
 
 
mayoral planning functions in their exercise of such relevant mayoral
 
 
planning functions as are prescribed.
5
 
(2)
Such regulations must provide for satisfactory completion of the
 
 
training to be evidenced by a certificate valid for a prescribed period
 
 
(a “certificate of completion”).
 
 
(3)
A mayor is prohibited from exercising the prescribed relevant mayoral
 
 
planning functions without a valid certificate of completion.
10
 
(4)
A person who is authorised (by or under any enactment or by
 
 
arrangements made by a mayor) to exercise a prescribed relevant
 
 
mayoral planning function on behalf of a mayor is prohibited from
 
 
exercising such a function, or being involved in the exercise of such
 
 
a function as a member of a committee or any other body, without a
15
 
valid certificate of completion.
 
 
(5)
Regulations under subsection (1) may, in particular—
 
 
(a)
provide for accreditation by the Secretary of State of—
 
 
(i)
courses of training, and
 
 
(ii)
persons providing such courses;
20
 
(b)
impose requirements as to record-keeping, including by
 
 
imposing such requirements on a training provider.
 
 
(6)
The validity of anything done in the exercise of a prescribed relevant
 
 
mayoral planning function is not affected by any breach of subsection
 
 
(3) or (4) .
25
 
(7)
In subsections (3) and (4) , references to a mayor are to—
 
 
(a)
the Mayor of London,
 
 
(b)
a mayor for the area of a combined authority, and
 
 
(c)
a mayor for the area of a combined county authority.
 
 
(8)
In this section “relevant mayoral planning function” means—
30
 
(a)
any of the functions of the Mayor of London specified in
 
 
subsection (9) , and
 
 
(b)
any functions of a mayor for the area of a combined authority
 
 
or a mayor for the area of a combined county authority which
 
 
correspond to the functions of the Mayor of London specified
35
 
in subsection (9) .
 
 
(9)
The functions of the Mayor of London referred to in subsection (8)
 
 
are as follows—
 
 
(a)
the function of—
 
 
(i)
giving a direction under section 2A(1) or (1B);
40
 
(ii)
giving a direction under section 74(1B)(a);
 

Page 67

 
(b)
the function of determining an application by virtue of section
 
 
2A or 2B, and related functions under sections 2C and 2F;
 
 
(c)
a function under section 2E;
 
 
(d)
the function of making a Mayoral development order under
 
 
section 61DA;
5
 
(e)
a function exercisable in connection with a Mayoral
 
 
development order.
 
 
(10)
In this section—
 
 
“combined authority” means a combined authority established
 
 
under section 103(1) of the Local Democracy, Economic
10
 
Development and Construction Act 2009;
 
 
“combined county authority” means a combined county authority
 
 
established under section 9(1) of the Levelling-up and
 
 
Regeneration Act 2023.”
 
51
Delegation of planning decisions in England
15
 
(1)
In the Town and Country Planning Act 1990, after section 319ZZB (inserted
 
 
by section 50 ) insert—
 
 
“England: discharge of functions of local planning authority
 
 
319ZZC
Requirement for functions to be discharged by committee,
 
 
sub-committee or officer
20
 
(1)
The Secretary of State may by regulations require a relevant local
 
 
planning authority to make arrangements under section 101 of the
 
 
1972 Act for such relevant planning functions as are prescribed—
 
 
(a)
to be discharged by a committee, sub-committee or officer of
 
 
the authority;
25
 
(b)
to be discharged by a committee, sub-committee or officer of
 
 
the authority in prescribed circumstances.
 
 
(2)
The regulations may —
 
 
(a)
prescribe the terms of the arrangements (which may include
 
 
exceptions) and any permitted variations in those terms;
30
 
(b)
provide for the arrangements to confer a discretion on any
 
 
person in connection with the delegation of a function.
 
 
(3)
Where arrangements required by the regulations are in force in relation
 
 
to a relevant planning function, the function may only be exercised
 
 
in accordance with the arrangements (and section 101 (4) of the 1972
35
 
Act does not apply).
 
319ZZD
Size and composition of committee discharging functions
 
 
(1)
The Secretary of State may by regulations prescribe requirements
 
 
relating to the size and composition of a committee or sub-committee
 

Page 68

 
by which such relevant planning functions as are prescribed are to be
 
 
discharged.
 
 
(2)
A relevant local planning authority may not arrange for a relevant
 
 
planning function to be discharged by a committee or sub-committee
 
 
of the authority which fails to satisfy a requirement imposed by
5
 
regulations under this section in relation to the discharge of that
 
 
function.
 
 
(3)
If a committee or sub-committee discharging a relevant planning
 
 
function fails to satisfy such a requirement, paragraph 43 of Schedule
 
 
12 to the 1972 Act (validity of proceedings) does not apply in relation
10
 
to the failure.
 
319ZZE
Sections
 
 
(1)
Sections 101 and 102 of the 1972 Act have effect subject to sections
 
 
319ZZC and 319ZZD and any regulations made under them.
 
 
(2)
Where arrangements are in force under section 101 (5) of the 1972 Act
15
 
for two or more relevant local planning authorities to discharge any
 
 
of their relevant planning functions jointly, sections 319ZZC and
 
 
319ZZD apply in relation to those functions as if—
 
 
(a)
references to a committee or sub-committee of a relevant local
 
 
planning authority were references to a joint committee or
20
 
sub-committee of those authorities;
 
 
(b)
references to an officer of a relevant local planning authority
 
 
were references to an officer of any of those authorities.
 
 
(3)
Regulations under sections 319ZZC and 319ZZD may—
 
 
(a)
make different provision for different relevant local planning
25
 
authorities;
 
 
(b)
make different provision for cases where two or more such
 
 
authorities have made arrangements under section 101 (1) (b)
 
 
or (5) of the 1972 Act for the discharge of any of their relevant
 
 
planning functions.
30
 
(4)
In operating arrangements required by regulations under section
 
 
319ZZC , relevant local planning authorities must have regard to any
 
 
relevant guidance issued by the Secretary of State.
 
 
(5)
In making arrangements for the discharge of a function prescribed in
 
 
regulations under section 319ZZD , relevant local planning authorities
35
 
must have regard to any relevant guidance issued by the Secretary of
 
 
State.
 
 
(6)
The Secretary of State must consult such persons as the Secretary of
 
 
State considers appropriate before—
 
 
(a)
making regulations under section 319ZZC or 319ZZD , or
40
 
(b)
issuing guidance under subsection (4) or (5) .
 

Page 69

 
(7)
Sections 319ZZC and 319ZZD and this section apply in relation to a
 
 
relevant planning function conferred on a relevant mineral planning
 
 
authority as if references to a relevant local planning authority were
 
 
to a relevant mineral planning authority.
 
319ZZF
Interpretation of sections
5
 
(1)
In sections 319ZZC to section 319ZZE , “relevant local planning
 
 
authority” means a local planning authority in England which is an
 
 
authority to which sections 101 and 102 of the 1972 Act apply, except
 
 
that it does not include—
 
 
(a)
a National Park authority, or
10
 
(b)
the Broads Authority.
 
 
(2)
In section 319ZZE , “relevant mineral planning authority” means a
 
 
mineral planning authority in England which is an authority to which
 
 
sections 101 and 102 of the 1972 Act apply, except that it does not
 
 
include a National Park authority.
15
 
(3)
In sections 319ZZC to 319ZZE , “relevant planning function” has the
 
 
same meaning as in section 319ZZA (see subsections (9) and (10) of
 
 
that section).
 
 
(4)
In sections 319ZZC to 319ZZE and this section, “the 1972 Act” means
 
 
the Local Government Act 1972 .”
20
 
(2)
In section 316 of the Town and Country Planning Act 1990 (land of interested
 
 
planning authorities and development by them), in subsection (3) , in the
 
 
words after paragraph (b) , after “under” insert “sections 319ZZC to 319ZZE
 
 
or”.
 

Chapter 2

25

Spatial development strategies

 
52
Spatial development strategies
 
 
(1)
Before section 13 of the Planning and Compulsory Purchase Act 2004 insert—
 

Part 1A

 
 
Strategic plan-making
30
 
Strategic planning authorities and strategic planning boards
 
 
12A
Spatial development strategy to be produced by strategic planning
 
 
authorities
 
 
(1)
This Part requires strategic planning authorities to prepare a document,
 
 
conforming to section 12D , known as a “spatial development strategy”.
35

Page 70

 
(2)
In this Part “strategic planning authority” means—
 
 
(a)
a strategic planning board (see section 12B );
 
 
(b)
a combined authority;
 
 
(c)
a combined county authority;
 
 
(d)
an upper-tier county council for an area no part of which forms
5
 
part of the area of a combined authority or a combined county
 
 
authority;
 
 
(e)
a unitary authority for an area—
 
 
(i)
that is in England, and
 
 
(ii)
no part of which forms part of the area of a combined
10
 
authority or a combined county authority.
 
 
(3)
But a principal authority that is a constituent authority of a strategic
 
 
planning board is not a strategic planning authority for the purposes
 
 
of this Part.
 
 
(4)
In this Part “strategy area”, in relation to a spatial development
15
 
strategy, means—
 
 
(a)
in the case of a strategic planning board, the area consisting
 
 
of the areas of the constituent authorities of the board;
 
 
(b)
in the case of a combined authority, the area of the combined
 
 
authority;
20
 
(c)
in the case of a combined county authority, the area of the
 
 
combined county authority;
 
 
(d)
in the case of an upper-tier county council, the area of the
 
 
upper-tier county council;
 
 
(e)
in the case of a unitary authority, the area of the unitary
25
 
authority.
 
 
(5)
Any function of a strategic planning authority exercisable by or under
 
 
this Part by a principal authority is not a function to which either of
 
 
the following provisions of the Local Government Act 1972 applies—
 
 
(a)
section 101(1)(b);
30
 
(b)
section 101(5).
 
 
(6)
For provision about the spatial development strategy for London, see
 
 
(in particular) sections 334 to 343 of the Greater London Authority
 
 
Act 1999.
 
 
(7)
In this Part “principal authority” means a body specified in any of
35
 
paragraphs (b) to (e) of subsection (2) .
 
12B
Strategic planning boards
 
 
(1)
This section applies where the Secretary of State considers that it is
 
 
desirable for a spatial development strategy to relate to an area
 
 
consisting of the areas of two or more principal authorities.
40

Page 71

 
(2)
Subject to subsection (4) , the Secretary of State may by regulations
 
 
establish a joint committee of the authorities to exercise functions
 
 
under this Part in relation to an area consisting of the areas of those
 
 
authorities (the “constituent authorities”).
 
 
(3)
Such a committee is to be known as a “strategic planning board”.
5
 
(4)
The Secretary of State may make regulations under subsection (2)
 
 
establishing a strategic planning board only after consulting the
 
 
following on a draft of the proposed regulations—
 
 
(a)
the principal authorities that are to be the constituent authorities
 
 
of the board,
10
 
(b)
any local planning authority for an area that is wholly or partly
 
 
within, or adjoins, the area of any of those authorities, and
 
 
(c)
the person responsible for preparing a spatial development
 
 
strategy for an area that adjoins the area of any of those
 
 
authorities.
15
 
(5)
Where the Secretary of State is considering whether to, or has decided
 
 
to, establish a strategic planning board, the Secretary of State may
 
 
direct the principal authorities that are to be the constituent authorities
 
 
of the board not to take any step, or any further step, or not to take
 
 
a step specified in the direction, in connection with the preparation
20
 
of their own spatial development strategies.
 
12C
Regulations about strategic planning boards
 
 
(1)
Strategic planning board regulations that establish a strategic planning
 
 
board must specify—
 
 
(a)
the constituent authorities of the board, and
25
 
(b)
the area in relation to which the board exercises functions
 
 
under this Part.
 
 
(2)
Strategic planning board regulations may make provision about—
 
 
(a)
the composition of a strategic planning board (including about
 
 
the appointment of members to the board or any sub-committee
30
 
of the board);
 
 
(b)
the proceedings of a strategic planning board and of any
 
 
sub-committee of the board (including provision about voting
 
 
rights);
 
 
(c)
such other matters as the Secretary of State considers are
35
 
necessary or expedient to facilitate the exercise by a strategic
 
 
planning board of its functions under this Part.
 
 
(3)
Provision of the kind mentioned in subsection (2) (c) may include
 
 
provision—
 
 
(a)
corresponding to provisions relating to joint committees in Part
40
 
6 of the Local Government Act 1972;
 

Page 72

 
(b)
applying (with or without modifications) such enactments
 
 
relating to local authorities as the Secretary of State considers
 
 
appropriate;
 
 
(c)
requiring the making by a constituent authority of payments
 
 
towards the costs of the strategic planning board;
5
 
(d)
modifying the application of this Part in relation to a strategic
 
 
planning board.
 
 
(4)
For the purposes of subsection (3) (b) a local authority is any of the
 
 
following—
 
 
(a)
a county council;
10
 
(b)
a district council;
 
 
(c)
a London borough council.
 
 
(5)
If strategic planning board regulations establishing a strategic planning
 
 
board are annulled in pursuance of a resolution of either House of
 
 
Parliament, the strategic planning board is dissolved with effect from
15
 
the date of the resolution.
 
 
(6)
The Secretary of State’s power to make strategic planning board
 
 
regulations that amend or revoke other strategic planning board
 
 
regulations—
 
 
(a)
is exercisable whether or not the constituent authorities of the
20
 
strategic planning board in question request an amendment or
 
 
revocation;
 
 
(b)
is exercisable only after the Secretary of State has consulted
 
 
the following on a draft of the proposed regulations—
 
 
(i)
the strategic planning board in question,
25
 
(ii)
the constituent authorities of that board,
 
 
(iii)
any local planning authority for an area that is wholly
 
 
or partly within, or adjoins, the area of any of those
 
 
authorities, and
 
 
(iv)
the person responsible for preparing a spatial
30
 
development strategy for an area that adjoins the area
 
 
of any of those authorities.
 
 
(7)
The condition in section 12B (1) does not apply in relation to strategic
 
 
planning board regulations that amend or revoke other strategic
 
 
planning board regulations.
35
 
(8)
In this section “strategic planning board regulations” means regulations
 
 
under section 12B (2) .
 
 
Contents of spatial development strategy
 
12D
Contents of spatial development strategy
 
 
(1)
A spatial development strategy must include a statement of the
40
 
strategic planning authority’s policies (however expressed), in relation
 

Page 73

 
to the development and use of land in the strategy area, which are of
 
 
strategic importance to that area.
 
 
(2)
A spatial development strategy must include a reasoned justification
 
 
for the policies referred to in subsection (1) .
 
 
(3)
A spatial development strategy must specify the period for which it
5
 
is to have effect.
 
 
(4)
A spatial development strategy may specify or describe infrastructure
 
 
the provision of which the strategic planning authority considers to
 
 
be of strategic importance to the strategy area for the purposes of—
 
 
(a)
supporting or facilitating development in that area,
10
 
(b)
mitigating, or adapting to, climate change, or
 
 
(c)
promoting or improving the economic, social or environmental
 
 
well-being of that area.
 
 
(5)
A spatial development strategy may specify or describe—
 
 
(a)
an amount or distribution of housing (of any kind), the
15
 
provision of which the strategic planning authority considers
 
 
to be of strategic importance to the strategy area;
 
 
(b)
an amount or distribution of affordable housing or any other
 
 
kind of housing, the provision of which the strategic planning
 
 
authority considers to be of strategic importance to the strategy
20
 
area.
 
 
(6)
For the purposes of subsections (1) , (4) and (5) , a matter may be of
 
 
strategic importance to a strategy area even if it affects only part of
 
 
that area.
 
 
(7)
The Secretary of State may prescribe further matters a spatial
25
 
development strategy may, or must, deal with.
 
 
(8)
A spatial development strategy must contain such diagrams,
 
 
illustrations or other descriptive or explanatory matter relating to its
 
 
contents as may be prescribed.
 
 
(9)
A spatial development strategy may make different provision for
30
 
different cases or for different parts of the strategy area.
 
 
(10)
A spatial development strategy must be designed to secure that the
 
 
use and development of land in the strategy area contribute to the
 
 
mitigation of, and adaptation to, climate change.
 
 
(11)
A spatial development strategy must take account of any local nature
35
 
recovery strategy, under section 104 of the Environment Act 2021, that
 
 
relates to any part of the strategy area, including in particular—
 
 
(a)
the areas identified in the strategy as areas which—
 
 
(i)
are, or could become, of particular importance for
 
 
biodiversity, or
40

Page 74

 
(ii)
are areas where the recovery or enhancement of
 
 
biodiversity could make a particular contribution to
 
 
other environmental benefits,
 
 
(b)
the priorities set out in the strategy for recovering or enhancing
 
 
biodiversity, and
5
 
(c)
the proposals set out in the strategy as to potential measures
 
 
relating to those priorities.
 
 
(12)
A spatial development strategy must not—
 
 
(a)
include anything that is not permitted or required by or under
 
 
the preceding provisions of this section,
10
 
(b)
specify particular sites where development should take place,
 
 
or
 
 
(c)
be inconsistent with or (in substance) repeat any national
 
 
development management policy.
 
 
(13)
The Secretary of State may prescribe—
15
 
(a)
the form of a spatial development strategy;
 
 
(b)
documents that must accompany a spatial development
 
 
strategy.
 
 
(14)
In subsection (5) “affordable housing” means—
 
 
(a)
social housing within the meaning of Part 2 of the Housing
20
 
and Regeneration Act 2008, and
 
 
(b)
any other description of housing that may be prescribed.
 
 
Spatial development strategy timetable
 
12E
Timetable for preparing spatial development strategy
 
 
(1)
A strategic planning authority must prepare and maintain a document
25
 
relating to its spatial development strategy, known as a “spatial
 
 
development strategy timetable”.
 
 
(2)
A spatial development strategy timetable must specify—
 
 
(a)
the strategy area, and
 
 
(b)
a timetable for the preparation of the strategy that is consistent
30
 
with this Part and any regulations made under it.
 
 
(3)
The Secretary of State may prescribe—
 
 
(a)
the form and content of a spatial development strategy
 
 
timetable;
 
 
(b)
further matters the timetable must deal with.
35

Page 75

12F
Spatial development strategy timetable: further provision
 
 
(1)
A strategic planning authority must submit its draft spatial
 
 
development strategy timetable to the Secretary of State within such
 
 
period as may be prescribed.
 
 
(2)
The Secretary of State may direct the strategic planning authority to
5
 
make specified amendments to the draft timetable.
 
 
(3)
If the Secretary of State has not given such a direction to the strategic
 
 
planning authority within the period of four weeks beginning with
 
 
the date when the timetable was sent to the Secretary of State, the
 
 
strategic planning authority may bring the timetable into effect.
10
 
(4)
A strategic planning authority to which a direction under subsection
 
 
(2) is given—
 
 
(a)
must submit a revised draft spatial development strategy
 
 
timetable to the Secretary of State within the period specified
 
 
in the direction, and
15
 
(b)
may bring the timetable into effect only when the Secretary of
 
 
State approves the timetable as revised in accordance with that
 
 
direction or any further direction under subsection (2) .
 
 
(5)
If a strategic planning authority—
 
 
(a)
does not comply with subsection (1) , or
20
 
(b)
does not comply with subsection (4) (a) ,
 
 
the Secretary of State may prepare a spatial development strategy
 
 
timetable and direct the strategic planning authority to bring it into
 
 
effect.
 
 
(6)
A direction under subsection (2) or (5) must contain the Secretary of
25
 
State’s reasons for giving it.
 
 
(7)
To bring a spatial development strategy timetable into effect, a strategic
 
 
planning authority must publish it, together with a statement that the
 
 
timetable has effect.
 
 
(8)
A strategic planning authority must comply with a spatial development
30
 
strategy timetable that has effect.
 
 
(9)
The Secretary of State may by regulations make provision as to when,
 
 
or the circumstances in which, a strategic planning authority must
 
 
revise a spatial development strategy timetable that has effect.
 
 
(10)
Regulations under subsection (9) —
35
 
(a)
may provide that revisions of a spatial development strategy
 
 
timetable must be approved by the Secretary of State;
 
 
(b)
may confer a power to direct that a timetable is to be revised
 
 
or that revisions require the approval of the Secretary of State.
 

Page 76

 
Preparation and adoption of spatial development strategy
 
12G
Preparation of draft spatial development strategy
 
 
(1)
A strategic planning authority must prepare a draft of its spatial
 
 
development strategy.
 
 
(2)
In doing so, a strategic planning authority must have regard to—
5
 
(a)
any strategy, plan or policy published by the strategic planning
 
 
authority that the strategic planning authority considers to be
 
 
relevant,
 
 
(b)
the effect which the proposed spatial development strategy
 
 
would have on each of the following—
10
 
(i)
the health of persons in the strategy area;
 
 
(ii)
health inequalities between persons living in the strategy
 
 
area;
 
 
(iii)
the achievement of sustainable development;
 
 
(c)
the need to ensure that the strategy is consistent with current
15
 
national policies;
 
 
(d)
any other prescribed matters.
 
 
(3)
In subsection (2) (a) , the reference to any strategy, plan or policy
 
 
published by a strategic planning authority includes a reference to
 
 
any strategy, plan or policy published by a constituent authority of a
20
 
strategic planning board.
 
12H
Consultation and representations
 
 
(1)
A strategic planning authority that has prepared a draft spatial
 
 
development strategy must—
 
 
(a)
publish the draft strategy on the authority’s website,
25
 
(b)
notify the persons specified in subsection (2) that the draft
 
 
strategy has been published on the authority’s website, and
 
 
(c)
make copies of the draft strategy available for inspection at the
 
 
authority’s principal office and at any other place that the
 
 
authority considers appropriate.
30
 
(2)
The persons referred to in subsection (1) (b) are—
 
 
(a)
the Secretary of State,
 
 
(b)
any county council for an area that is within, or any part of
 
 
which is within, the strategy area,
 
 
(c)
any district council for an area that is within the strategy area,
35
 
(d)
any county council or district council for an area that adjoins
 
 
the strategy area and is affected by the strategy,
 
 
(e)
any local planning authority for an area that is wholly or partly
 
 
within, or adjoins, the strategy area and is affected by the
 
 
strategy,
40

Page 77

 
(f)
the person responsible for preparing a spatial development
 
 
strategy for an area that adjoins the strategy area and is affected
 
 
by the strategy,
 
 
(g)
such other persons as may be prescribed, and
 
 
(h)
such other persons as the strategic planning authority considers
5
 
appropriate.
 
 
(3)
In exercising its discretion under subsection (2) (h) the strategic planning
 
 
authority must consider notifying (at least) the following about the
 
 
publication of the draft spatial development strategy—
 
 
(a)
voluntary bodies some or all of whose activities benefit the
10
 
whole or part of the strategy area,
 
 
(b)
bodies which represent the interests of different racial, ethnic
 
 
or national groups in the strategy area,
 
 
(c)
bodies which represent the interests of different religious
 
 
groups in the strategy area, and
15
 
(d)
bodies which represent the interests of different persons
 
 
carrying on business in the strategy area.
 
 
(4)
Where a strategic planning authority—
 
 
(a)
publishes a draft spatial development strategy as required by
 
 
subsection (1) (a) , or
20
 
(b)
makes such a strategy available for inspection as required by
 
 
subsection (1) (c) ,
 
 
the authority must also publish or make available a statement inviting
 
 
representations to be made to the authority about the strategy.
 
 
(5)
A notification of a person under subsection (1) (b) about a draft spatial
25
 
development strategy must include an invitation to the person to make
 
 
representations to the strategic planning authority about the strategy.
 
 
(6)
An invitation to a person under subsection (4) or (5) must explain the
 
 
effect of regulations under subsection (7) .
 
 
(7)
Representations must be made—
30
 
(a)
in the prescribed form and manner;
 
 
(b)
within the prescribed period.
 
 
(8)
In subsection (1) —
 
 
(a)
references to a strategic planning authority’s website include
 
 
references to the website of a constituent authority of a strategic
35
 
planning board;
 
 
(b)
the reference to a strategic planning authority’s principal office
 
 
includes a reference to the principal office of a constituent
 
 
authority of a strategic planning board.
 

Page 78

12I
Public examination
 
 
(1)
A strategic planning authority that has prepared a draft spatial
 
 
development strategy must, unless the Secretary of State otherwise
 
 
directs, make arrangements for an examination of the draft strategy
 
 
to be held in public.
5
 
(2)
Such an examination is to be conducted by a person appointed by the
 
 
Secretary of State (the “examiner”).
 
 
(3)
The matters examined at an examination are to be such matters
 
 
affecting the consideration of the spatial development strategy as the
 
 
examiner considers appropriate.
10
 
(4)
The following may take part in an examination—
 
 
(a)
the strategic planning authority that prepared the strategy, and
 
 
(b)
any person invited to do so by the examiner.
 
 
(5)
No person is to have a right to be heard at an examination.
 
 
(6)
On conclusion of the examination, the examiner must make a report
15
 
to the strategic planning authority that prepared the strategy.
 
 
(7)
The report may recommend that specified modifications are made to
 
 
the draft strategy before it is adopted.
 
 
(8)
The report may recommend that the draft strategy is withdrawn.
 
 
(9)
The strategic planning authority must publish the report.
20
12J
Withdrawal before adoption
 
 
(1)
A strategic planning authority may withdraw its draft spatial
 
 
development strategy at any time before arrangements are made for
 
 
its examination.
 
 
(2)
Subsection (3) applies at any time after arrangements have been made
25
 
for examination of a draft spatial development strategy (but before it
 
 
is adopted).
 
 
(3)
The strategic planning authority that prepared the draft strategy may
 
 
withdraw it only if—
 
 
(a)
the Secretary of State so directs, or
30
 
(b)
the examiner recommends that it is withdrawn, and the
 
 
Secretary of State has not directed that it is not to be
 
 
withdrawn.
 
 
(4)
The steps taken by a strategic planning authority to withdraw a draft
 
 
strategy must include—
35
 
(a)
deleting the strategy from the website on which it was
 
 
published;
 

Page 79

 
(b)
removing copies of the strategy that were made available for
 
 
inspection;
 
 
(c)
notifying the following that the strategy has been withdrawn—
 
 
(i)
each person to whom a notification under section
 
 
12H (1) (b) was required to be given;
5
 
(ii)
any person, not within sub-paragraph (i), who made
 
 
representations in accordance with regulations under
 
 
section 12H (7) .
 
12K
Submission to Secretary of State before adoption
 
 
(1)
This section applies where—
10
 
(a)
a draft spatial development strategy has been published under
 
 
section 12H ,
 
 
(b)
the prescribed period for the making of representations (see
 
 
section 12H (7) ) has elapsed,
 
 
(c)
either—
15
 
(i)
the strategic planning authority that prepared the draft
 
 
strategy has published the examiner’s report on it (see
 
 
section 12I (9) ), or
 
 
(ii)
no examination of the draft strategy is needed because
 
 
of a direction under section 12I (1) , and
20
 
(d)
the draft strategy has not been withdrawn (see section 12J ).
 
 
(2)
The strategic planning authority must—
 
 
(a)
consider any representations received in accordance with
 
 
regulations under section 12H (7) and decide whether to make
 
 
any modifications as a result,
25
 
(b)
if an examination was held, consider the examiner’s report and
 
 
decide whether to make any modifications that the examiner
 
 
recommends, and
 
 
(c)
consider whether to make any other modifications to take
 
 
account of—
30
 
(i)
any national development management policies so far
 
 
as material, or
 
 
(ii)
any other material considerations.
 
 
(3)
After such consideration and (if considered appropriate) modification,
 
 
the strategic planning authority must submit the draft spatial
35
 
development strategy to the Secretary of State, stating that the authority
 
 
intends to adopt it.
 
 
(4)
The strategic planning authority must inform the Secretary of State
 
 
of—
 
 
(a)
any modifications made to the published draft strategy, and
40
 
the reasons for making them;
 

Page 80

 
(b)
any modifications to the published draft strategy that the
 
 
examiner recommended but which the authority has not made,
 
 
and the reasons for not making them.
 
 
(5)
If the Secretary of State considers that a submitted spatial development
 
 
strategy is—
5
 
(a)
inconsistent with current national policies, or
 
 
(b)
detrimental to the interests of an area outside the strategy area,
 
 
the Secretary of State may, within the relevant period, direct the
 
 
strategic planning authority to make specified modifications of the
 
 
strategy in order to deal with the inconsistency or detriment.
10
 
(6)
In this section “the relevant period”, in relation to a spatial
 
 
development strategy, means—
 
 
(a)
the period of six weeks beginning with the date when the
 
 
strategy was submitted to the Secretary of State, or
 
 
(b)
such longer period as is specified by the Secretary of State in
15
 
a direction given within the period specified in paragraph (a)
 
 
to the authority that submitted the strategy.
 
12L
Adoption of spatial development strategy
 
 
(1)
A spatial development strategy must not be adopted by a strategic
 
 
planning authority unless it is in the form submitted to the Secretary
20
 
of State under section 12K , subject to any modifications directed to be
 
 
made under subsection (5) of that section.
 
 
(2)
A spatial development strategy must not be adopted by a strategic
 
 
planning authority unless—
 
 
(a)
the relevant period (as defined in section 12K (6) ) has elapsed,
25
 
(b)
the authority has complied with any requirement of regulations
 
 
under this Part for steps to be taken, or a period to elapse,
 
 
before a strategy may be adopted, and
 
 
(c)
if a direction was given to the authority under section 12K (5)
 
 
, the Secretary of State confirms that the Secretary of State is
30
 
content with the modified strategy.
 
 
(3)
A strategic planning authority must hold a vote on a resolution to
 
 
adopt its spatial development strategy as soon as reasonably practicable
 
 
after the conditions in subsection (2) are satisfied.
 
 
(4)
Subsection (5) applies in relation to the adoption of a spatial
35
 
development strategy by—
 
 
(a)
a mayoral combined authority, or
 
 
(b)
a mayoral combined county authority.
 
 
(5)
In the event of a tied vote on whether to pass a resolution to adopt
 
 
the strategy, the mayor of the authority has a casting vote (in addition
40
 
to any other vote the mayor may have).
 

Page 81

 
(6)
A strategic planning authority that has adopted a spatial development
 
 
strategy must publish the strategy together with a statement that it
 
 
has been adopted.
 
 
(7)
A spatial development strategy becomes operative when it is published.
 
 
Review, alteration and replacement of spatial development strategy
5
12M
Review and monitoring
 
 
(1)
This section applies in relation to an operative spatial development
 
 
strategy.
 
 
(2)
A strategic planning authority must keep under review the matters
 
 
which may be expected to affect the development of the strategy area
10
 
or the planning of its development or which are otherwise relevant
 
 
to the content of the strategy.
 
 
(3)
In exercising functions under subsection (2) , a strategic planning
 
 
authority must—
 
 
(a)
if the authority identifies matters to be kept under review that
15
 
relate to the area of a local planning authority that is outside
 
 
the strategy area, consult that local planning authority about
 
 
those matters;
 
 
(b)
if the authority identifies matters to be kept under review that
 
 
relate to the area of a person responsible for preparing a spatial
20
 
development strategy that is outside the strategy area, consult
 
 
that person about those matters.
 
 
(4)
A strategic planning authority must carry out a review of its spatial
 
 
development strategy from time to time.
 
 
(5)
The Secretary of State may direct a strategic planning authority to
25
 
review all or specified parts of its spatial development strategy.
 
 
(6)
A strategic planning authority must—
 
 
(a)
monitor the implementation of its spatial development strategy,
 
 
and
 
 
(b)
monitor, and collect information about, matters relevant to the
30
 
preparation, review, alteration, replacement or implementation
 
 
of the strategy.
 
 
(7)
The Secretary of State may make regulations imposing either or both
 
 
of the following duties on each strategic planning authority that has
 
 
an operative spatial development strategy—
35
 
(a)
a duty to make prescribed information relating to the
 
 
implementation of the authority’s strategy available to the
 
 
public in such form and manner as may be prescribed;
 

Page 82

 
(b)
a duty to provide prescribed information relating to the
 
 
implementation of the authority’s strategy to the Secretary of
 
 
State in such form and manner as may be prescribed.
 
12N
Alterations
 
 
(1)
This section applies in relation to an operative spatial development
5
 
strategy.
 
 
(2)
A strategic planning authority may at any time prepare alterations of
 
 
its strategy.
 
 
(3)
The Secretary of State may direct a strategic planning authority to
 
 
alter its spatial development strategy as specified in the direction.
10
 
(4)
The Secretary of State may by regulations make provision as to when,
 
 
or the circumstances in which, a strategic planning authority must
 
 
alter its spatial development strategy.
 
 
(5)
A spatial development strategy as altered must still conform to section
 
 
12D .
15
 
(6)
Sections 12G to 12L apply in relation to the preparation and adoption
 
 
of an alteration of a spatial development strategy as they apply in
 
 
relation to the preparation and adoption of a spatial development
 
 
strategy.
 
12O
Replacement
20
 
(1)
This section applies in relation to an operative spatial development
 
 
strategy.
 
 
(2)
A strategic planning authority may at any time prepare a new spatial
 
 
development strategy as a replacement.
 
 
(3)
The Secretary of State may direct a strategic planning authority to
25
 
replace its spatial development strategy.
 
 
(4)
The Secretary of State may by regulations make provision as to when,
 
 
or the circumstances in which, a strategic planning authority must
 
 
replace its spatial development strategy.
 
 
(5)
A strategic planning authority’s operative spatial development strategy
30
 
is revoked upon a new spatial development strategy being adopted
 
 
by the authority in accordance with this Part.
 
 
Secretary of State’s intervention powers in relation to spatial development strategy
 
12P
Powers where strategic planning authority is failing etc
 
 
(1)
This section applies if the Secretary of State considers that—
35

Page 83

 
(a)
a strategic planning authority is failing to do anything it is
 
 
necessary or expedient for it to do in connection with the
 
 
preparation, adoption, alteration, replacement or review of a
 
 
spatial development strategy,
 
 
(b)
a spatial development strategy is, is going to be or may be—
5
 
(i)
inconsistent with current national policies, or
 
 
(ii)
detrimental to the interests of an area outside the
 
 
strategy area, or
 
 
(c)
a proposed alteration of a spatial development strategy will,
 
 
or may, result in the strategy becoming—
10
 
(i)
inconsistent with current national policies, or
 
 
(ii)
detrimental to the interests of an area outside the
 
 
strategy area.
 
 
(2)
The Secretary of State may—
 
 
(a)
if the strategy is not operative, take over preparation of the
15
 
strategy from the strategic planning authority;
 
 
(b)
if the strategy is operative, alter the strategy;
 
 
(c)
give a direction to the strategic planning authority in relation
 
 
to the preparation, adoption, withdrawal, alteration,
 
 
replacement, review or revocation of the strategy.
20
 
(3)
The power of direction under subsection (2) (c) includes power to direct
 
 
a strategic planning authority—
 
 
(a)
to modify or withdraw its draft spatial development strategy;
 
 
(b)
to alter or revoke its (operative) spatial development strategy.
 
 
(4)
Subsections (5) to (12) apply if preparation of a spatial development
25
 
strategy is taken over under subsection (2) (a) .
 
 
(5)
The Secretary of State must publish a document setting out—
 
 
(a)
the timetable for preparing the strategy, and
 
 
(b)
details of any departures from any existing spatial development
 
 
strategy timetable.
30
 
(6)
The Secretary of State must (or, if an examination of the draft strategy
 
 
has already been held, may)—
 
 
(a)
make arrangements for an examination of the draft strategy to
 
 
be held in public, or
 
 
(b)
direct the strategic planning authority to make arrangements
35
 
for an examination of the draft strategy under section 12I .
 
 
(7)
Subsections (2) to (8) of section 12I apply in relation to an examination
 
 
held under subsection (6) (a) , reading references to the strategic
 
 
planning authority as references to the Secretary of State.
 
 
(8)
The Secretary of State must either—
40
 
(a)
publish the examiner’s report, or
 
 
(b)
direct the strategic planning authority to publish it.
 

Page 84

 
(9)
The Secretary of State may then—
 
 
(a)
approve the strategy,
 
 
(b)
modify the strategy and approve it with the modifications,
 
 
(c)
direct the strategic planning authority to consider adopting—
 
 
(i)
the strategy, or
5
 
(ii)
the strategy as modified by the Secretary of State, or
 
 
(d)
reject the strategy.
 
 
(10)
If the Secretary of State gives a direction under subsection (9) (c) , section
 
 
12L applies with the omission of subsections (1) and (2) of that section
 
 
(and as if the reference in subsection (3) of that section to the conditions
10
 
in subsection (2) being satisfied were a reference to the direction being
 
 
received).
 
 
(11)
If the Secretary of State approves a spatial development strategy under
 
 
subsection (9) (a) or (b) , the Secretary of State must either—
 
 
(a)
publish the strategy, or
15
 
(b)
direct the strategic planning authority to publish it.
 
 
(12)
The spatial development strategy becomes operative when it is
 
 
published.
 
 
(13)
Subsections (5) to (12) (and the provisions applied by them) apply in
 
 
relation to an alteration of a strategy under subsection (2) (b) as they
20
 
apply to a strategy prepared under subsection (2) (a) .
 
 
(14)
The Secretary of State must give reasons for—
 
 
(a)
whatever the Secretary of State does under subsection (2) ;
 
 
(b)
the decision made under subsection (9) .
 
 
(15)
In the exercise of any function under this section the Secretary of
25
 
State—
 
 
(a)
may take account of any matter that the Secretary of State
 
 
considers to be relevant (regardless of whether the matter was
 
 
taken account of by the strategic planning authority), and
 
 
(b)
must have regard to—
30
 
(i)
the spatial development strategy timetable, and
 
 
(ii)
the local plan timetable prepared by a local planning
 
 
authority for an area that is wholly or partly within the
 
 
strategy area.
 
 
(16)
In subsection (15) (b) (ii) “local plan timetable” is to be construed in
35
 
accordance with section 15B.
 
12Q
Power to approve strategy where adoption resolution not passed
 
 
(1)
This section applies in the event of a vote by a strategic planning
 
 
authority against passing a resolution to adopt a spatial development
 
 
strategy.
40

Page 85

 
(2)
The Secretary of State may, if the Secretary of State considers it
 
 
appropriate—
 
 
(a)
approve the strategy, or
 
 
(b)
modify the strategy and approve it with the modifications.
 
 
(3)
The powers in subsection (2) are exercisable—
5
 
(a)
on the Secretary of State’s own initiative, or
 
 
(b)
in the case of a strategy prepared by a mayoral combined
 
 
authority or a mayoral combined county authority, if the mayor
 
 
of the authority requests the Secretary of State to exercise those
 
 
powers.
10
 
(4)
The function of making a request as mentioned in subsection (3) (b) is
 
 
exercisable only by the mayor (and may not be the subject of
 
 
arrangements under section 107D(3) of the Local Democracy, Economic
 
 
Development and Construction Act 2009 or section 30(3) of the
 
 
Levelling-up and Regeneration Act 2023).
15
 
(5)
The Secretary of State must give reasons to the strategic planning
 
 
authority or (as the case may be) the mayor of the strategic planning
 
 
authority—
 
 
(a)
for anything the Secretary of State does under subsection (2)
 
 
, or
20
 
(b)
if the Secretary of State declines to approve the strategy, for
 
 
that decision.
 
 
(6)
If the Secretary of State approves a spatial development strategy under
 
 
subsection (2) the Secretary of State must either—
 
 
(a)
publish the strategy, or
25
 
(b)
direct the strategic planning authority to publish it.
 
 
(7)
The spatial development strategy becomes operative when it is
 
 
published.
 
 
(8)
In making a decision under this section the Secretary of State may
 
 
take account of any matter that the Secretary of State considers to be
30
 
relevant (regardless of whether the matter was taken account of by
 
 
the strategic planning authority).
 
12R
Liability for Secretary of State’s costs of intervention
 
 
(1)
The Secretary of State may require a strategic planning authority to
 
 
reimburse the Secretary of State for any expenditure incurred by the
35
 
Secretary of State in, or in connection with, exercising a function under
 
 
section 12P or 12Q in relation to the authority’s spatial development
 
 
strategy.
 
 
(2)
Where the strategic planning authority is a strategic planning board,
 
 
subsection (1) is to be read as giving power for the Secretary of State
40
 
to require reimbursement of such expenditure from the constituent
 

Page 86

 
authorities of the board in such proportions as the Secretary of State
 
 
considers just and reasonable.
 
12S
Temporary direction pending possible use of intervention powers
 
 
(1)
If the Secretary of State is considering whether to take action under
 
 
section 12P in relation to a spatial development strategy, the Secretary
5
 
of State may direct the strategic planning authority responsible for the
 
 
strategy not to take any step, or not to take a step specified in the
 
 
direction, in connection with the strategy—
 
 
(a)
until a time or event (if any) specified in the direction, or
 
 
(b)
until the direction is revoked.
10
 
(2)
A spatial development strategy to which such a direction relates is
 
 
not operative while the direction is in force.
 
 
(3)
A direction given under this section in relation to a strategy ceases to
 
 
have effect if the Secretary of State—
 
 
(a)
gives a direction under section 12P (2) (c) or (9) (c) in relation to
15
 
the strategy, or
 
 
(b)
approves the strategy under section 12P (9) (a) or (b) .
 
 
Supplementary
 
 
12T
Supplementary etc provision in connection with regulations about
 
 
strategic planning boards
20
 
(1)
The Secretary of State may by regulations make supplementary,
 
 
incidental, transitional, transitory or saving provision for the purposes
 
 
of strategic planning board regulations.
 
 
(2)
Where, immediately before strategic planning board regulations
 
 
establishing a strategic planning board come into force, a spatial
25
 
development strategy is operative in relation to the area of a principal
 
 
authority that is to be a constituent authority of the board, regulations
 
 
under subsection (1) may include provision for that strategy to be
 
 
treated, for the purposes of this Part or another enactment, as the
 
 
operative spatial development strategy of the strategic planning board.
30
 
(3)
Where a strategic planning board has an operative spatial development
 
 
strategy immediately before strategic planning board regulations that
 
 
revoke the regulations that established that board come into force,
 
 
regulations under subsection (1) may include provision for that strategy
 
 
to be treated, for the purposes of this Part or another enactment, as
35
 
the operative spatial development strategy of a prescribed principal
 
 
authority or authorities.
 
 
(4)
In this section “strategic planning board regulations” means regulations
 
 
under section 12B (2) .
 

Page 87

12U
Regulations
 
 
(1)
The Secretary of State may by regulations make provision in connection
 
 
with the exercise by any person of a function conferred by or under
 
 
this Part.
 
 
(2)
The regulations may (among other things) make provision as to—
5
 
(a)
the procedure to be followed in connection with the
 
 
preparation, adoption, publication, review, withdrawal,
 
 
alteration or replacement of a spatial development strategy or
 
 
in connection with a review under section 12M (2) ;
 
 
(b)
the remuneration and allowances payable to a person appointed
10
 
to conduct a public examination (under section 12I or as
 
 
mentioned in section 12P (6) (a) );
 
 
(c)
the supply of information or documents to the Secretary of
 
 
State by a strategic planning authority for the purposes of any
 
 
decision that the Secretary of State may make under this Part;
15
 
(d)
the determination of the time by or at which anything must
 
 
be done for the purposes of this Part;
 
 
(e)
the manner of publication of any document required to be
 
 
published under this Part;
 
 
(f)
the making of reasonable charges for the provision of copies
20
 
of documents required by or under this Part.
 
 
(3)
Regulations under this Part may make different provision for different
 
 
areas.
 
12V
Directions
 
 
(1)
A direction given to a strategic planning authority under this Part
25
 
may—
 
 
(a)
require the authority to do specified things by specified dates;
 
 
(b)
require the authority to keep the Secretary of State informed
 
 
at specified intervals of the progress being made towards doing
 
 
what the authority is directed to do.
30
 
(2)
A direction under this Part must be given in writing.
 
 
(3)
A direction under this Part may be varied or revoked by notice in
 
 
writing to the strategic planning authority to which it was given.
 
 
(4)
A direction under this Part must be published.
 
12W
Meaning of “spatial development strategy” etc
35
 
(1)
In this Part “spatial development strategy” means, as the context
 
 
requires—
 
 
(a)
a strategy adopted by a strategic planning authority under
 
 
section 12L ,
 

Page 88

 
(b)
a strategy approved by the Secretary of State under section
 
 
12P (9) (a) or (b) or 12Q (2) (a) or (b) , or
 
 
(c)
a strategy in preparation by a strategic planning authority in
 
 
accordance with this Part.
 
 
(2)
In sections 12B (4) (c) , 12C (6) (b) (iv) , 12H (2) (f) and 12M (3) (b) —
5
 
(a)
“spatial development strategy” includes—
 
 
(i)
the spatial development strategy for London,
 
 
(ii)
a spatial development strategy adopted by a combined
 
 
authority in accordance with regulations under section
 
 
105A of the Local Democracy, Economic Development
10
 
and Construction Act 2009, and
 
 
(iii)
a spatial development strategy adopted by a combined
 
 
county authority in accordance with regulations under
 
 
section 19 of the Levelling-up and Regeneration Act
 
 
2023; and
15
 
(b)
“person responsible for preparing a spatial development
 
 
strategy” is to be read accordingly.
 
 
(3)
For the purposes of sections 12M to 12O , a spatial development
 
 
strategy approved by the Secretary of State under a power specified
 
 
in subsection (1) (b) is to be regarded as the spatial development
20
 
strategy of the strategic planning authority in relation to which the
 
 
power is exercised.
 
12X
Interpretation
 
 
(1)
In this Part—
 
 
“combined authority” means a combined authority established
25
 
under section 103(1) of the Local Democracy, Economic
 
 
Development and Construction Act 2009;
 
 
“combined county authority” means a combined county authority
 
 
established under section 9(1) of the Levelling-up and
 
 
Regeneration Act 2023;
30
 
“constituent authority” , in relation to a strategic planning board,
 
 
is to be construed in accordance with section 12B ;
 
 
“examination” means an examination in public of a draft spatial
 
 
development strategy as set out in section 12I , and “examiner”
 
 
is to be construed accordingly;
35
 
“mayoral combined authority” has the meaning given by section
 
 
107A(8) of the Local Democracy, Economic Development and
 
 
Construction Act 2009;
 
 
“mayoral combined county authority” has the meaning given by
 
 
section 27(8) of the Levelling-up and Regeneration Act 2023;
40
 
“national development management policy” must be construed
 
 
in accordance with section 38ZA;
 
 
“principal authority” has the meaning given by section 12A (7) ;
 

Page 89

 
“spatial development strategy for London” means the strategy
 
 
adopted by the Mayor of London under Part 8 of the Greater
 
 
London Authority Act 1999;
 
 
“spatial development strategy timetable” has the meaning given
 
 
by section 12E ;
5
 
“strategic planning authority” has the meaning given by section
 
 
12A ;
 
 
“strategic planning board” has the meaning given by section 12B ;
 
 
“strategy area” has the meaning given by section 12A (4) ;
 
 
“unitary authority” means—
10
 
(a)
a county council for an area that does not include the
 
 
areas of district councils, or
 
 
(b)
a district council for an area that does not form part of
 
 
the area of a county council;
 
 
“upper-tier county council” means a county council for an area
15
 
that includes the areas of district councils.
 
 
(2)
In this Part—
 
 
(a)
“local planning authority” has the same meaning as in Part 2
 
 
(see section 15LF);
 
 
(b)
references to a local planning authority’s area are to the area
20
 
for which they are the local planning authority in accordance
 
 
with that Part.”
 
 
(2)
In section 334 of the Greater London Authority Act 1999—
 
 
(a)
in subsection (2A) (as inserted by section 95(2) of the Levelling-up
 
 
and Regeneration Act 2023) omit paragraph (b) (and the “and” at the
25
 
end of paragraph (a));
 
 
(b)
in subsection (2D) (also inserted by section 95(2) of that Act) omit
 
 
paragraph (b) (and the “but” at the end of paragraph (a)).
 
 
(3)
Schedule 3 makes minor and consequential amendments in connection with
 
 
subsection (1) .
30
 
(4)
The Secretary of State may by regulations by statutory instrument make
 
 
provision that is consequential on subsection (1) .
 
 
(5)
Regulations under subsection (4) may amend an Act passed before the end
 
 
of the session of Parliament in which this Act is passed.
 
 
(6)
Regulations under subsection (4) may include incidental, supplemental,
35
 
transitional and saving provision.
 
 
(7)
A statutory instrument containing (whether alone or with other provision)
 
 
regulations made in reliance on subsection (5) may not be made unless a draft
 
 
of the statutory instrument containing them has been laid before, and approved
 
 
by a resolution of, each House of Parliament.
40

Page 90

 
(8)
Any other statutory instrument containing regulations under subsection (4)
 
 
is subject to annulment in pursuance of a resolution of either House of
 
 
Parliament.
 

Part 3

 

Development and nature recovery

5

Overview

 
53
Overview of EDPs
 
 
(1)
An environmental delivery plan is a plan prepared by Natural England, and
 
 
made by the Secretary of State, that sets out, in relation to development to
 
 
which it applies—
10
 
(a)
the environmental features that are likely to be negatively affected by
 
 
the development,
 
 
(b)
the conservation measures that are to be taken by or on behalf of
 
 
Natural England in order to protect those environmental features,
 
 
(c)
the amount of the nature restoration levy payable by developers to
15
 
Natural England to cover the cost of those conservation measures (see
 
 
sections 56 and 66 to 75 ), and
 
 
(d)
the environmental obligations in relation to development that are
 
 
discharged, disapplied or otherwise modified if a developer pays the
 
 
nature restoration levy in relation to the development (see section 66
20
 
and Schedule 4 ).
 
 
(2)
In this Part —
 
 
(a)
sections 54 to 57 make provision about the required contents of an
 
 
environmental delivery plan;
 
 
(b)
sections 58 to 61 make provision about the procedure for making an
25
 
environmental delivery plan;
 
 
(c)
sections 62 to 65 make provision about reporting on, amending,
 
 
revoking and challenging an environmental delivery plan.
 
 
(3)
In this Part , an “EDP” means an environmental delivery plan.
 

Environmental delivery plans: content

30
54
Scope of an EDP: area, kind and volume of development and time period
 
 
(1)
An EDP must specify the development to which it applies by reference to—
 
 
(a)
the area in which the development may be undertaken (the
 
 
“development area”), and
 
 
(b)
the kind of development.
35
 
(2)
The development area must be an area in—
 
 
(a)
England, or
 

Page 91

 
(b)
the waters adjacent to England up to the seaward limits of the
 
 
territorial sea.
 
 
(3)
An EDP may—
 
 
(a)
provide that it does not apply to development in specified areas within
 
 
the development area, or
5
 
(b)
specify as the development area an area that is comprised of separate
 
 
parcels of land.
 
 
(4)
An EDP must—
 
 
(a)
include a map showing the boundaries of the development area, and
 
 
(b)
set out the reasons for its application to the development area and,
10
 
where relevant, the reasons for excluding any area under subsection
 
 
(3) (a) .
 
 
(5)
An EDP must specify the maximum amount of development to which it may
 
 
apply.
 
 
(6)
The maximum amount of development may be specified in any way that
15
 
Natural England considers appropriate, which may, for example, be by
 
 
reference to—
 
 
(a)
the area covered by the development,
 
 
(b)
measurements of floor space,
 
 
(c)
numbers of buildings or of units within buildings,
20
 
(d)
values or expected values, or
 
 
(e)
in the case of development that is a nationally significant infrastructure
 
 
project within the meaning of the Planning Act 2008 , any measurement
 
 
of the scale of the project that is used for the purposes of Part 3 of
 
 
that Act .
25
 
(7)
An EDP must specify—
 
 
(a)
the date on which it comes into force (the “EDP start date”), and
 
 
(b)
the date on which it expires (the “EDP end date”), which must be
 
 
before the end of the period of ten years beginning with the EDP start
 
 
date.
30
55
Environmental features, environmental impacts and conservation measures
 
 
(1)
An EDP must identify—
 
 
(a)
one or more environmental features which are likely to be negatively
 
 
affected by development to which the EDP applies, and
 
 
(b)
one or more ways in which that negative effect is likely to be caused
35
 
by the development (the “environmental impact”).
 
 
But an EDP need not identify all of the possible environmental impacts on
 
 
an environmental feature.
 
 
(2)
An environmental feature identified in an EDP may be—
 
 
(a)
a protected feature of a protected site, or
40

Page 92

 
(b)
a protected species.
 
 
(3)
An EDP must set out the measures (“conservation measures”) that are to be
 
 
taken by, or on behalf of, Natural England, under the EDP in order to—
 
 
(a)
address the environmental impact of development on the identified
 
 
environmental feature, and
5
 
(b)
contribute to an overall improvement in the conservation status of the
 
 
identified environmental feature (see also section 60 (3) ).
 
 
(4)
Where an identified environmental feature is a protected feature of a protected
 
 
site, the EDP may, if Natural England considers it appropriate, set out
 
 
conservation measures that do not directly address the environmental impact
10
 
of development on that feature at that site but instead seek to improve the
 
 
conservation status of the same feature elsewhere.
 
 
(5)
An EDP may include some conservation measures that are not expected to
 
 
be needed but which may be taken if the conservation measures that have
 
 
been implemented fail to address the environmental impact of development
15
 
or contribute to an overall improvement in the conservation status of an
 
 
identified environmental feature as anticipated.
 
 
(6)
An EDP must state—
 
 
(a)
how much the conservation measures are expected to cost, and
 
 
(b)
how the conservation measures are to be maintained,
20
 
over the period covered by the EDP or, if longer, the period for which the
 
 
conservation measures are likely to be required to address the environmental
 
 
impact of the development.
 
 
(7)
A conservation measure may take the form of a request, by Natural England,
 
 
that a condition of development be imposed (see section 88 ).
25
 
(8)
In this section, “the environmental impact of development” means the
 
 
environmental impact, as identified in the EDP, of the maximum amount of
 
 
development to which the EDP may apply, as specified in accordance with
 
 
section 54 (5) .
 
56
Nature restoration levy: charging schedules
30
 
(1)
An EDP must include one or more charging schedules which set out the rates
 
 
or other criteria by reference to which the amount of nature restoration levy
 
 
is to be determined for each kind of development to which the EDP applies.
 
 
(2)
Each charging schedule must relate to an environmental impact of
 
 
development on an identified environmental feature.
35
 
(3)
The rates or other criteria must be set in accordance with nature restoration
 
 
levy regulations (see sections 67 to 74 ).
 

Page 93

57
Other requirements for an EDP
 
 
(1)
An EDP must describe the conservation status of each identified environmental
 
 
feature as at the EDP start date.
 
 
(2)
An EDP must set out—
 
 
(a)
why the conservation measures are considered appropriate, and
5
 
(b)
what alternatives to the conservation measures were considered by
 
 
Natural England and why they were not included.
 
 
(3)
Where an EDP identifies a protected species as an environmental feature, the
 
 
EDP must set out the terms of the licence that will be treated as having been
 
 
granted under paragraph 4 , 5 or 6 of Schedule 4 .
10
 
(4)
An EDP must specify the terms that must be incorporated into a licence
 
 
under—
 
 
(a)
regulation 55 of the Habitats Regulations 2017,
 
 
(b)
section 16 of the Wildlife and Countryside Act 1981, or
 
 
(c)
section 10 of the Protection of Badgers Act 1992,
15
 
that may be granted to Natural England to facilitate the carrying out of any
 
 
conservation measures.
 
 
(5)
An EDP must list the strategies and plans to which Natural England had
 
 
regard in preparing the EDP (see section 58 (2) and (3) ).
 
 
(6)
An EDP must include an overview of any other measures (in addition to the
20
 
conservation measures set out in the EDP) that are being taken or are likely
 
 
to be taken by Natural England or another public authority with the aim of
 
 
improving the conservation status of each identified environmental feature.
 
 
(7)
An EDP must set out how Natural England will monitor the effects of the
 
 
EDP.
25
 
(8)
In deciding how the EDP should be monitored, Natural England must have
 
 
regard to guidance issued by the Secretary of State.
 
 
(9)
The Secretary of State may make regulations setting out further information
 
 
that must be included, or matters that must be dealt with, in an EDP.
 

Environmental delivery plans: procedure

30
58
Preparation of EDP by Natural England
 
 
(1)
When Natural England decides to prepare an EDP, it must—
 
 
(a)
notify the Secretary of State of that decision, and
 
 
(b)
publish the notification given to the Secretary of State.
 
 
(2)
In preparing an EDP, Natural England must have regard to—
35
 
(a)
the development plan for the development area,
 
 
(b)
the current environmental improvement plan,
 
 
(c)
any Environment Act strategies, and
 

Page 94

 
(d)
any other strategies or plans,
 
 
so far as Natural England considers them to be relevant.
 
 
(3)
In preparing an EDP that specifies as the development area an area that
 
 
includes waters adjacent to England (see section 54 (2) (b) ), Natural England
 
 
must also have regard to—
5
 
(a)
any marine plan,
 
 
(b)
the marine policy statement, and
 
 
(c)
the UK Marine Strategy,
 
 
so far as Natural England considers them to be relevant.
 
 
(4)
In subsections (2) and (3) —
10
 
“current environmental improvement plan” has the same meaning as in
 
 
Part 1 of the Environment Act 2021 (see section 8 of that Act);
 
 
“development plan” has the same meaning as in section 38 of the
 
 
Planning and Compulsory Purchase Act 2004;
 
 
“Environment Act strategy” means a strategy prepared under any of the
15
 
following provisions of the Environment Act 2021—
 
 
(a)
section 104 (local nature recovery strategies);
 
 
(b)
section 109 (species conservation strategies);
 
 
(c)
section 110 (protected site strategies);
 
 
“marine plan” has the meaning given in section 51(3) of the Marine and
20
 
Coastal Access Act 2009;
 
 
“marine policy statement” has the same meaning as in the Marine and
 
 
Coastal Access Act 2009 (see section 44 of that Act);
 
 
“the UK marine strategy” means the strategy developed under the Marine
 
 
Strategy Regulations 2010 (S.I. 2010/1627).
25
 
(5)
The Secretary of State may by regulations make provision about other things
 
 
that must be done by Natural England when preparing an EDP.
 
59
Consultation on draft EDP
 
 
(1)
After preparing a draft EDP, Natural England must publish the draft for
 
 
public consultation and seek the views of the following—
30
 
(a)
the Environment Agency,
 
 
(b)
the Joint Nature Conservation Committee,
 
 
(c)
any local planning authority for an area that is wholly or partly within
 
 
the development area,
 
 
(d)
any local highway authority for an area that is wholly or partly within
35
 
the development area,
 
 
(e)
any strategic highways company for an area that is wholly or partly
 
 
within the development area,
 
 
(f)
Network Rail Limited, if the development area includes all or part of
 
 
its network,
40
 
(g)
the Mayor of London, if all or part of the development area is in
 
 
Greater London,
 

Page 95

 
(h)
if the development area includes all or part of the area of a mayoral
 
 
combined authority, the mayor of the authority,
 
 
(i)
if the development area includes all or part of the area of a mayoral
 
 
combined county authority, the mayor of the authority,
 
 
(j)
the Marine Management Organisation, if all or part of the development
5
 
area is in the waters adjacent to England,
 
 
(k)
any other public authority Natural England considers should be
 
 
consulted, and
 
 
(l)
any other public authority specified in regulations made by the
 
 
Secretary of State.
10
 
(2)
The Secretary of State may by regulations require a public authority specified
 
 
in the regulations to respond to the consultation within the consultation
 
 
period.
 
 
(3)
Natural England need not have regard to any consultation responses received
 
 
after the end of the consultation period.
15
 
(4)
The consultation period is the period of 28 working days beginning with the
 
 
day on which the draft EDP is published for consultation, or such longer
 
 
period as is specified in regulations made by the Secretary of State.
 
 
(5)
If, after considering the responses to the consultation, Natural England amends
 
 
the draft EDP, it may (but is not obliged to) reconsult.
20
 
(6)
In this section—
 
 
“local highway authority” has the meaning given by section 329(1) of
 
 
the Highways Act 1980;
 
 
“mayoral combined authority” has the meaning given by section 107A(8)
 
 
of the Local Democracy, Economic Development and Construction
25
 
Act 2009;
 
 
“mayoral combined county authority” has the meaning given by section
 
 
27(8) of the Levelling-up and Regeneration Act 2023;
 
 
“network” has the meaning given by section 83(1) of the Railways Act
 
 
1993;
30
 
“strategic highways company” has the meaning given by section 329(1)
 
 
of the Highways Act 1980.
 
60
Making of EDP by Secretary of State
 
 
(1)
After complying with section 59 , Natural England may send a draft of the
 
 
EDP to the Secretary of State to be made.
35
 
(2)
When providing the Secretary of State with a draft EDP, Natural England
 
 
must also provide to the Secretary of State—
 
 
(a)
copies of all responses to the consultation, and
 
 
(b)
Natural England’s response to the consultation and details of any
 
 
further consultation.
40

Page 96

 
(3)
The Secretary of State may make the EDP only if the Secretary of State
 
 
considers that the EDP passes the overall improvement test.
 
 
(4)
An EDP passes the overall improvement test if, by the EDP end date, the
 
 
conservation measures are likely to be sufficient to outweigh the negative
 
 
effect of the EDP development on the conservation status of each identified
5
 
environmental feature.
 
 
(5)
In subsection (4) , “the negative effect of the EDP development” means the
 
 
effect, caused by the environmental impact, as identified in the EDP in
 
 
accordance with section 55 (1) (b) , of the maximum amount of development
 
 
to which the EDP may apply, as specified in accordance with section 54 (5) .
10
 
(6)
The Secretary of State may request further information from Natural England
 
 
in order to decide whether to make an EDP.
 
 
(7)
If the Secretary of State decides not to make an EDP, the Secretary of State
 
 
must publish a notice of the decision that sets out the reasons for the decision.
 
61
Publication of EDP
15
 
(1)
After the Secretary of State makes an EDP, the Secretary of State must—
 
 
(a)
publish the EDP, or
 
 
(b)
direct Natural England to publish it.
 
 
(2)
The EDP must be published before the end of the period of 28 days beginning
 
 
with the day on which the Secretary of State makes the EDP.
20
 
(3)
The EDP start date must not be before the date on which the EDP is published.
 

Environmental delivery plans: reporting, amendment, revocation and challenge

 
62
Reporting on an EDP
 
 
(1)
Natural England must publish—
 
 
(a)
a report on an EDP covering the period from the EDP start date to
25
 
the EDP midpoint, and
 
 
(b)
a report on an EDP covering the period from the EDP midpoint to
 
 
the EDP end date.
 
 
(2)
If an EDP is revoked (see section 64 )—
 
 
(a)
where the EDP is revoked before the EDP midpoint, Natural England
30
 
must publish a report covering the period beginning with the EDP
 
 
start date and ending with the revocation date (instead of publishing
 
 
the reports under subsection (1) );
 
 
(b)
where the EDP is revoked after the EDP midpoint, Natural England
 
 
must publish a report covering the period beginning with the EDP
35
 
midpoint and ending with the revocation date (instead of publishing
 
 
the report under subsection (1) (b) ).
 
 
(3)
Natural England may publish a report on an EDP at any other time.
 

Page 97

 
(4)
A report under subsection (1) or (2) must be published before the end of the
 
 
period of two months beginning with the day on which the period covered
 
 
by the report ends.
 
 
(5)
A report under subsection (1) or (2) must state—
 
 
(a)
how much of the maximum amount of development available under
5
 
the EDP (see section 54 (5) ) remains available;
 
 
(b)
the amounts of nature restoration levy received by Natural England
 
 
under the EDP;
 
 
(c)
whether the conservation measures have been implemented and if
 
 
not, why not;
10
 
(d)
whether the conservation measures are having, or have had, their
 
 
intended effect;
 
 
(e)
what the conservation measures are costing, and how this compares
 
 
with what they were expected to cost as set out in the EDP (see section
 
 
55 (6) );
15
 
(f)
whether the rates or other criteria set out in each charging schedule
 
 
have been amended or are expected to be amended;
 
 
(g)
whether anything else in the EDP has been amended or is expected
 
 
to be amended.
 
 
(6)
Natural England must have regard to guidance issued by the Secretary of
20
 
State about reports on an EDP.
 
 
(7)
In this section—
 
 
“the EDP midpoint” means the point in time that falls halfway between
 
 
the EDP start date and the EDP end date;
 
 
“the revocation date” means the date on which the EDP is revoked, as
25
 
set out in the notice under section 64 (5) .
 
63
Amendment of an EDP
 
 
(1)
The Secretary of State may amend an EDP—
 
 
(a)
on a request from Natural England, or
 
 
(b)
on the Secretary of State’s own initiative.
30
 
(2)
But an EDP may not be amended so that it no longer applies to development
 
 
in respect of which a developer has already committed to pay the nature
 
 
restoration levy under the EDP.
 
 
(3)
Where—
 
 
(a)
Natural England requests an amendment, other than an amendment
35
 
only to a charging schedule, or
 
 
(b)
the Secretary of State is minded to make such an amendment,
 
 
the Secretary of State may direct Natural England to consult on the EDP as
 
 
proposed to be amended.
 
 
(4)
Where the Secretary of State directs Natural England to consult, Natural
40
 
England must—
 

Page 98

 
(a)
follow the consultation procedure set out in section 59 , and
 
 
(b)
provide to the Secretary of State—
 
 
(i)
copies of all responses to the consultation, and
 
 
(ii)
Natural England’s response to the consultation and details of
 
 
any further consultation.
5
 
(5)
In deciding whether to make an amendment, the Secretary of State must
 
 
apply the overall improvement test to the EDP as proposed to be amended.
 
 
(6)
If the Secretary of State decides not to make an amendment when requested
 
 
to do so by Natural England, the Secretary of State must publish a notice of
 
 
the decision that sets out the reasons for the decision.
10
 
(7)
After the Secretary of State amends an EDP, the Secretary of State must—
 
 
(a)
publish the EDP as amended, or
 
 
(b)
direct Natural England to publish it.
 
 
(8)
The amended EDP must be published before the end of the period of 28 days
 
 
beginning with the day on which the Secretary of State makes the amendment.
15
 
(9)
The amendment must not come into effect before the date on which the
 
 
amended EDP is published.
 
 
(10)
Subsections (2) to (6) do not apply to an amendment that only corrects a
 
 
clerical or typographical error.
 
64
Revocation of an EDP
20
 
(c)
the extent to which the application complies with any standards
 
 
(1)
The Secretary of State may revoke an EDP—
 
 
(a)
on a request from Natural England, or
 
 
(b)
on the Secretary of State’s own initiative.
 
 
(2)
The Secretary of State must revoke an EDP if the Secretary of State no longer
 
 
considers that the EDP passes the overall improvement test, unless Natural
25
 
England has proposed amendments under section 63 which would, if made,
 
 
result in that test being passed.
 
 
(3)
If the Secretary of State decides not to revoke an EDP when requested to do
 
 
so by Natural England, the Secretary of State must publish a notice of the
 
 
decision that sets out the reasons for the decision.
30
 
(4)
The power to revoke an EDP includes a power—
 
 
(a)
to revoke different parts of the EDP at different times;
 
 
(b)
to revoke the EDP, or parts of the EDP, at different times in relation
 
 
to different developments.
 
 
(5)
Where the Secretary of State revokes an EDP, the Secretary of State must
35
 
publish a notice of revocation setting out—
 
 
(a)
the fact that the EDP has been revoked and the date of revocation (the
 
 
“EDP revocation date”),
 

Page 99

 
(b)
where only part of the EDP is revoked or different parts of the EDP
 
 
are revoked at different times or in relation to different developments,
 
 
details of how the revocation is to take effect, and
 
 
(c)
the reasons for the revocation.
 
 
(6)
Where the Secretary of State revokes an EDP, the Secretary of State must also
5
 
carry out such actions, for the purpose mentioned in subsection (7) , as the
 
 
Secretary of State considers appropriate.
 
 
(7)
The purpose is to seek to outweigh the negative effect on the conservation
 
 
status of each identified environmental feature that is (or is likely to be)
 
 
caused by the environmental impact (as identified in the EDP in accordance
10
 
with section 55 (1) (b) ) of any development in respect of which a developer
 
 
has already committed to pay the nature restoration levy.
 
 
(8)
The actions that the Secretary of State may carry out under subsection (6)
 
 
may include—
 
 
(a)
taking (or continuing to take) any conservation measures included in
15
 
the EDP, or directing another public authority to take (or continue to
 
 
take) such measures;
 
 
(b)
taking, or directing another public authority to take, any other
 
 
measures to improve the conservation status of the identified
 
 
environmental feature.
20
65
Challenging an EDP
 
 
(1)
A court may entertain proceedings for questioning an EDP or anything done,
 
 
or omitted to be done, by the Secretary of State or Natural England in the
 
 
course of preparing an EDP only if—
 
 
(a)
the proceedings are brought by a claim for judicial review, and
25
 
(b)
the claim form is filed during the period of six weeks beginning with
 
 
the day on which the EDP is published (see section 61 ).
 
 
(2)
A court may entertain proceedings for questioning a decision of the Secretary
 
 
of State not to make an EDP only if—
 
 
(a)
the proceedings are brought by a claim for judicial review, and
30
 
(b)
the claim form is filed before the end of the period of six weeks
 
 
beginning with the day on which the notice of the decision not to
 
 
make the EDP is published (see section 60 (7) ).
 
 
(3)
A court may entertain proceedings for questioning an amendment to an EDP
 
 
only if—
35
 
(a)
the proceedings are brought by a claim for judicial review, and
 
 
(b)
the claim form is filed before the end of the period of six weeks
 
 
beginning with the day on which the amended EDP is published (see
 
 
section 63 (8) ).
 
 
(4)
A court may entertain proceedings for questioning a decision of the Secretary
40
 
of State not to make an amendment to an EDP only if—
 

Page 100

 
(a)
the proceedings are brought by a claim for judicial review, and
 
 
(b)
the claim form is filed before the end of the period of six weeks
 
 
beginning with either—
 
 
(i)
in the case of a refusal to amend an EDP on the request of
 
 
Natural England, the day on which the notice of the decision
5
 
not to make the amendment is published (see section 63 (6) ),
 
 
or
 
 
(ii)
in any other case, the earlier of the day on which Secretary of
 
 
State publishes a notice of the decision not to amend the EDP
 
 
that sets out reasons for the decision and the day on which the
10
 
person bringing the proceedings had notice of that decision
 
 
and those reasons.
 
 
(5)
A court may entertain proceedings for questioning a revocation of an EDP
 
 
only if—
 
 
(a)
the proceedings are brought by a claim for judicial review, and
15
 
(b)
the claim form is filed before the end of the period of six weeks
 
 
beginning with the day on which the notice of revocation is published
 
 
(see section 64 (5) ).
 
 
(6)
A court may entertain proceedings for questioning a refusal by the Secretary
 
 
of State to revoke an EDP only if—
20
 
(a)
the proceedings are brought by a claim for judicial review, and
 
 
(b)
the claim form is filed before the end of the period of six weeks
 
 
beginning with either—
 
 
(i)
in the case of a refusal to revoke an EDP on the request of
 
 
Natural England, the day on which the notice of the decision
25
 
not to revoke the EDP is published (see section 64 (3) ), or
 
 
(ii)
in any other case, the earlier of the day on which Secretary of
 
 
State publishes a notice of the decision not to revoke the EDP
 
 
that sets out reasons for the decision and the day on which the
 
 
person bringing the proceedings had notice of that decision
30
 
and those reasons.
 

The nature restoration levy

 
66
Commitment to pay the nature restoration levy
 
 
(1)
A developer may, at any time before development commences, make a request
 
 
in writing to Natural England to pay the nature restoration levy in relation
35
 
to a development to which an EDP applies.
 
 
(2)
If Natural England accept the request, the developer is committed to pay the
 
 
nature restoration levy (see also section 68 (4) ).
 
 
(3)
Schedule 4 sets out how a commitment by a developer to pay the nature
 
 
restoration levy in relation to a development results in—
40

Page 101

 
(a)
an environmental impact of development on a protected feature of a
 
 
protected site being disregarded for the purposes of obligations under
 
 
the Habitats Regulations 2017, the Wildlife and Countryside Act 1981
 
 
or the Marine and Coastal Access Act 2009;
 
 
(b)
a developer being treated as having been granted a licence under
5
 
regulation 55 of the Habitats Regulations 2017, section 16 of the
 
 
Wildlife and Countryside Act 1981 or section 10 of the Protection of
 
 
Badgers Act 1992.
 
 
(4)
An EDP may provide, in relation to a kind of development and kind of
 
 
environmental impact on an identified environmental feature, that payment
10
 
of the levy is mandatory, and if it does so—
 
 
(a)
in a case where the feature is a protected feature of a European site
 
 
or a Ramsar site, the developer does not have the option of ensuring
 
 
that any actions relating to the development comply with Part 6 of
 
 
the Habitats Regulations instead of paying the levy;
15
 
(b)
in a case where the feature is a protected feature of an SSSI, the
 
 
developer does not have the option of—
 
 
(i)
getting Natural England’s consent under section 28E of the
 
 
Wildlife and Countryside Act 1981 for operations mentioned
 
 
in that section, to the extent that the operations have that kind
20
 
of environmental impact on the identified environmental
 
 
feature, or
 
 
(ii)
ensuring that any actions relating to the development comply
 
 
with section 28H or 28I of that Act,
 
 
instead of paying the levy;
25
 
(c)
in a case where the feature is a protected feature of a marine
 
 
conservation zone, the developer does not have the option of satisfying
 
 
the public authority determining an application relating to the
 
 
development of the matters mentioned in section 126(6) or (7) of the
 
 
Marine and Coastal Access Act 2009 instead of paying the levy;
30
 
(d)
in a case where the feature is a protected species, the developer does
 
 
not have the option of applying for a licence directly under regulation
 
 
55 of the Habitats Regulations 2017, section 16 of the Wildlife and
 
 
Countryside Act 1981 or section 10 of the Protection of Badgers Act
 
 
1992 (as the case may be) instead of paying the levy.
35
 
(5)
If an EDP makes provision as mentioned in subsection (4) , it must set out
 
 
the reasons why Natural England considers that to be necessary.
 
67
Regulations about the nature restoration levy
 
 
(1)
The Secretary of State may make regulations about the nature restoration levy
 
 
(“nature restoration levy regulations”).
40
 
(2)
In making the regulations, the Secretary of State must aim to ensure that the
 
 
overall purpose of the nature restoration levy is to ensure that costs incurred
 
 
in maintaining or improving the conservation status of environmental features
 

Page 102

 
can be funded (wholly or partly) by developers in a way that does not make
 
 
development economically unviable.
 
68
Liability to pay the levy
 
 
(1)
Nature restoration levy regulations may make provision about liability to pay
 
 
the nature restoration levy in relation to a development, including—
5
 
(a)
who is liable to pay the levy, and
 
 
(b)
when liability to pay arises.
 
 
(2)
The regulations may in particular include provision about the assumption of
 
 
liability to pay the levy, such as—
 
 
(a)
how and when a person may assume liability;
10
 
(b)
withdrawal of assumption of liability;
 
 
(c)
cancellation of assumption of liability by Natural England.
 
 
(3)
The regulations may also include provision—
 
 
(a)
imposing liability to pay the nature restoration levy in relation to a
 
 
development—
15
 
(i)
where no person has assumed liability,
 
 
(ii)
where an assumption of liability has been withdrawn or
 
 
cancelled, or
 
 
(iii)
in other specified circumstances (such as the insolvency or
 
 
withdrawal of a person who has assumed liability);
20
 
(b)
about joint, several and partial liability and the liability of partnerships;
 
 
(c)
about the apportionment of liability, which may—
 
 
(i)
include provision for referral to a specified person or body for
 
 
determination, and
 
 
(ii)
include provision for appeals;
25
 
(d)
about the transfer of liability.
 
 
(4)
The regulations may also make provision for Natural England to be permitted,
 
 
or required, to rescind its acceptance of a request by a developer to pay the
 
 
levy (see section 66 (1) ) in circumstances specified in the regulations, such that
 
 
the developer ceases to be committed to pay the nature restoration levy.
30
69
Amount of the levy
 
 
(1)
When considering the rates or other criteria to be set out in a charging
 
 
schedule (see section 56 (1) ) in the course of preparing an EDP, Natural
 
 
England must have regard, to the extent and in the manner specified by
 
 
nature restoration levy regulations, to—
35
 
(a)
the actual and expected costs of the conservation measures relating
 
 
to the environmental impact of development on the environmental
 
 
feature to which the charging schedule relates;
 
 
(b)
matters specified in the regulations relating to the economic viability
 
 
of development (which may include, in particular, actual or potential
40

Page 103

 
economic effects of the grant of a consent for development or the
 
 
imposition of the levy);
 
 
(c)
other actual or expected sources of funding for those conservation
 
 
measures.
 
 
(2)
Nature restoration levy regulations may make other provision about rates or
5
 
other criteria.
 
 
(3)
The regulations may, in particular, permit or require Natural England—
 
 
(a)
to have regard, to the extent and in the manner specified by the
 
 
regulations, to actual or expected administrative expenses in connection
 
 
with an EDP;
10
 
(b)
to have regard, to the extent and in the manner specified by the
 
 
regulations, to values used or documents produced for other statutory
 
 
purposes;
 
 
(c)
to integrate the process, to the extent and in the manner specified by
 
 
the regulations, with processes undertaken for other statutory purposes;
15
 
(d)
to produce charging schedules having effect in relation to specified
 
 
periods (subject to revision).
 
 
(4)
The regulations may permit or require charging schedules to adopt specified
 
 
methods of calculation.
 
 
(5)
In particular, the regulations may—
20
 
(a)
permit or require charging schedules to operate by reference to
 
 
descriptions or purposes of development;
 
 
(b)
permit or require charging schedules to operate by reference to any
 
 
measurement of the amount or nature of development (whether by
 
 
reference to measurements of floor space, to numbers or intended uses
25
 
of buildings or of units within buildings, to allocation of space within
 
 
buildings or units, to values or expected values or in any other way);
 
 
(c)
permit or require charging schedules to operate by reference to the
 
 
nature or existing use of the place where development is undertaken;
 
 
(d)
permit or require charging schedules to operate by reference to an
30
 
index used for determining a rate of inflation;
 
 
(e)
permit or require charging schedules to operate by reference to values
 
 
used or documents produced for other statutory purposes;
 
 
(f)
provide, or permit or require provision, for differential rates, which
 
 
may include provision for supplementary charges, a nil rate, increased
35
 
rates or reductions.
 
 
(6)
The regulations may require Natural England to provide in specified
 
 
circumstances an estimate of the amount of the nature restoration levy
 
 
chargeable in respect of development of land.
 

Page 104

70
Appeals
 
 
(1)
Nature restoration levy regulations must provide for a right of appeal on a
 
 
question of fact in relation to the calculation of the amount of the levy payable
 
 
by a developer.
 
 
(2)
Regulations under this section or section 68 (3) (c) (ii) may, in particular, make
5
 
provision about—
 
 
(a)
who may make an appeal,
 
 
(b)
the court, tribunal or other person who is to determine an appeal,
 
 
(c)
the period within which the right of appeal may be exercised,
 
 
(d)
the procedure on an appeal, and
10
 
(e)
the payment of fees, and award of costs, in relation to an appeal.
 
 
(3)
In any proceedings for judicial review of a decision on an appeal, the
 
 
defendant is to be such person as is specified in the regulations (and the
 
 
regulations may also specify a person who is not to be the defendant for these
 
 
purposes).
15
71
Use of nature restoration levy
 
 
(1)
Nature restoration levy regulations must require Natural England to spend
 
 
money received by virtue of the nature restoration levy on conservation
 
 
measures that relate to the environmental feature in relation to which the
 
 
levy is charged (see section 56 (2) ).
20
 
(2)
The regulations may specify—
 
 
(a)
conservation measures that may be, or may not be, funded by the
 
 
nature restoration levy;
 
 
(b)
maintenance and operational activities in connection with conservation
 
 
measures that may be, or may not be, funded by the levy;
25
 
(c)
what is to be, or not to be, treated as funding.
 
 
(3)
The regulations may—
 
 
(a)
require Natural England to prepare and publish a list of conservation
 
 
measures that are to be, or may be, wholly or partly funded by the
 
 
nature restoration levy;
30
 
(b)
include provision about the procedure to be followed in preparing a
 
 
list (which may include provision for consultation, for the appointment
 
 
of an independent person or a combination);
 
 
(c)
include provision about the circumstances in which Natural England
 
 
may and may not spend money received by virtue of the nature
35
 
restoration levy on anything not included on the list.
 
 
(4)
In making provision about funding, the regulations may, in particular—
 
 
(a)
permit money received by virtue of the nature restoration levy to be
 
 
used to reimburse expenditure already incurred;
 
 
(b)
permit such money to be reserved for expenditure that may be incurred
40
 
in the future;
 

Page 105

 
(c)
permit such money to be used (either generally or subject to limits set
 
 
by or determined in accordance with the regulations) for administrative
 
 
expenses in connection with an EDP;
 
 
(d)
make provision for funding to extend beyond the EDP end date;
 
 
(e)
make provision for the giving of loans, guarantees or indemnities;
5
 
(f)
make provision about the use of money received by virtue of the
 
 
nature restoration levy where anything for which it was to be used
 
 
no longer requires funding;
 
 
(g)
make provision about the use of money received by virtue of the
 
 
nature restoration levy in a case where the EDP under which the levy
10
 
was paid is revoked.
 
 
(5)
The regulations may—
 
 
(a)
require Natural England to account separately, and in accordance with
 
 
the regulations, for any money received or due by virtue of the nature
 
 
restoration levy;
15
 
(b)
require Natural England to monitor the use made and to be made of
 
 
such money;
 
 
(c)
require Natural England to report on actual or expected charging,
 
 
collection and use of money received by virtue of the nature restoration
 
 
levy;
20
 
(d)
permit or require Natural England to pass money to another public
 
 
authority (and in paragraphs (a) to (c) a reference to Natural England
 
 
includes a reference to a person to whom Natural England passes
 
 
money in reliance on this paragraph).
 
72
Collection of nature restoration levy
25
 
(1)
Nature restoration levy regulations must include provision about the collection
 
 
of the nature restoration levy.
 
 
(2)
The regulations may make provision for payment of the levy—
 
 
(a)
on account;
 
 
(b)
by instalments.
30
 
(3)
The regulations may make provision about refunds (with or without interest)
 
 
in cases of overpayment.
 
 
(4)
The regulations may make provision requiring, or deeming, the imposition
 
 
of conditions of development for the purpose of securing the collection of the
 
 
nature restoration levy (including conditions of development that require the
35
 
payment of the nature restoration levy before development begins or that
 
 
require development to cease where the nature restoration levy that is payable
 
 
has not been paid).
 
 
(5)
The regulations may make provision about the treatment of payments of the
 
 
nature restoration levy where there is a change to the development which
40
 
affects the basis on which the levy is charged (including provision for
 

Page 106

 
payments that have been made in relation to a development to discharge
 
 
liability for the nature restoration levy in respect of other development).
 
 
(6)
The regulations may make provision about payment in forms other than
 
 
money (such as making land available, carrying out works or providing
 
 
services).
5
 
(7)
The regulations may permit or require a public authority to collect any nature
 
 
restoration levy charged by Natural England; and section 71 (5) (a) and (c)
 
 
apply to a collecting authority in respect of collection as they apply to Natural
 
 
England.
 
 
(8)
Regulations under this section may—
10
 
(a)
replicate or apply (with or without modifications) any enactment
 
 
relating to the collection of a tax;
 
 
(b)
confer a discretion on Natural England or a collecting authority to
 
 
determine any matter.
 
73
Enforcement
15
 
(1)
Nature restoration levy regulations must include provision about enforcement
 
 
of the nature restoration levy.
 
 
(2)
The regulations must make provision about the consequences of late payment
 
 
and failure to pay.
 
 
(3)
The regulations may make provision about the consequences of failure to
20
 
assume liability, to give a notice or to comply with another procedure under
 
 
nature restoration levy regulations.
 
 
(4)
The regulations may, in particular, include provision—
 
 
(a)
for the payment of interest;
 
 
(b)
for the imposition of a penalty or surcharge;
25
 
(c)
conferring a power of entry onto land;
 
 
(d)
requiring the provision of information;
 
 
(e)
creating a criminal offence (including, in particular, an offence relating
 
 
to evasion or attempted evasion or to the provision of false or
 
 
misleading information or failure to provide information);
30
 
(f)
conferring power to prosecute an offence;
 
 
(g)
for enforcement of sums owed (whether by action on a debt, by
 
 
distraint against goods or in any other way);
 
 
(h)
conferring jurisdiction on a court to grant injunctive or other relief to
 
 
enforce a provision of the regulations (including a provision included
35
 
in reliance on this section);
 
 
(i)
for enforcement in the case of death or insolvency of a person liable
 
 
to pay the nature restoration levy.
 
 
(5)
Nature restoration levy regulations may include provision (whether or not
 
 
in the context of late payment or failure to pay) about registration or
40

Page 107

 
notification of actual or potential liability to pay the levy; and the regulations
 
 
may include provision—
 
 
(a)
for the creation of local land charges;
 
 
(b)
for the registration of local land charges;
 
 
(c)
for enforcement of local land charges (including, in particular, for
5
 
enforcement—
 
 
(i)
against successive owners, and
 
 
(ii)
by way of sale or other disposal with consent of a court);
 
 
(d)
for making entries in statutory registers;
 
 
(e)
for the cancellation of charges and entries.
10
 
(6)
Regulations under this section may—
 
 
(a)
replicate or apply (with or without modifications) any enactment
 
 
relating to the enforcement of a tax;
 
 
(b)
provide for appeals.
 
 
(7)
Regulations under this section may provide that any interest, penalty or
15
 
surcharge payable by virtue of the regulations is to be treated for the purposes
 
 
of sections 71 to 74 as if it were an amount of nature restoration levy.
 
 
(8)
Regulations providing for a surcharge or penalty must ensure that the total
 
 
amount of a surcharge or penalty in respect of an amount of nature restoration
 
 
levy may not exceed 30% of that amount.
20
 
(9)
But the regulations may provide for more than one surcharge or penalty to
 
 
be imposed in relation to a levy charge.
 
 
(10)
The regulations may not authorise entry to a private dwelling without a
 
 
warrant issued by a justice of the peace.
 
 
(11)
Regulations under this section creating a criminal offence may not provide
25
 
for—
 
 
(a)
imprisonment for a term exceeding the maximum term for summary
 
 
offences, on summary conviction for an offence triable summarily
 
 
only,
 
 
(b)
imprisonment for a term exceeding the general limit in a magistrates’
30
 
court, on summary conviction for an offence triable either way, or
 
 
(c)
imprisonment for a term exceeding 2 years, on conviction on
 
 
indictment.
 
 
(12)
In subsection (11) (a) , “the maximum term for summary offences” means—
 
 
(a)
in relation to an offence committed before the time when section 281(5)
35
 
of the Criminal Justice Act 2003 comes into force, 6 months;
 
 
(b)
in relation to an offence committed after that time, 51 weeks.
 
 
(13)
In this Part, a reference to administrative expenses in connection with an EDP
 
 
includes a reference to enforcement expenses.
 

Page 108

74
Compensation
 
 
(1)
Nature restoration levy regulations may require Natural England or another
 
 
public authority to pay compensation in respect of loss or damage suffered
 
 
as a result of enforcement action.
 
 
(2)
In this section, “enforcement action” means action taken under regulations
5
 
under section 73 .
 
 
(3)
The regulations may provide that compensation is not required to be paid—
 
 
(a)
to a person who has failed to satisfy a liability to pay the nature
 
 
restoration levy, or
 
 
(b)
in other circumstances specified by the regulations.
10
 
(4)
The regulations may make provision about—
 
 
(a)
the time and manner in which a claim for compensation is to be made,
 
 
and
 
 
(b)
the sums, or the method of determining the sums, payable by way of
 
 
compensation.
15
 
(5)
Nature restoration levy regulations may permit or require Natural England
 
 
to apply the nature restoration levy (either generally or subject to limits set
 
 
by or determined in accordance with the regulations) for expenditure incurred
 
 
under this section.
 
 
(6)
A dispute about compensation may be referred to and determined by the
20
 
Upper Tribunal.
 
 
(7)
In relation to the determination of any such question, the provisions of section
 
 
4 of the Land Compensation Act 1961 apply subject to any necessary
 
 
modifications and to the provisions of nature restoration levy regulations.
 
75
Guidance about the nature restoration levy
25
 
(1)
The Secretary of State may give guidance to Natural England or another
 
 
public authority about any matter connected with the nature restoration levy.
 
 
(2)
Natural England, or any other public authority to whom guidance is given,
 
 
must have regard to the guidance.
 

Powers and duties: Natural England etc

30
76
Administering and implementing EDPs
 
 
(1)
Natural England’s functions under this Part include—
 
 
(a)
administering EDPs;
 
 
(b)
taking conservation measures, and doing anything else that Natural
 
 
England considers necessary to implement EDPs.
35
 
(2)
In exercise of the function under subsection (1) (b) Natural England may,
 
 
among other things, develop land.
 

Page 109

 
(3)
Natural England may pay another person to take conservation measures.
 
77
Power to enter and survey or investigate land
 
 
(1)
A person authorised by Natural England may enter and survey or investigate
 
 
any land in connection with the exercise by Natural England of any function
 
 
conferred by or under this Part.
5
 
(2)
The power conferred by subsection (1) —
 
 
(a)
must be exercised at a reasonable hour;
 
 
(b)
may not be exercised in relation to a private dwelling.
 
 
(3)
A person authorised under subsection (1) may not demand admission as of
 
 
right to any land which is occupied unless notice in writing of the intended
10
 
entry has been given to the occupier as follows—
 
 
(a)
if the land is held by a statutory undertaker, the notice must be at
 
 
least 21 days;
 
 
(b)
in any other case, the notice must be at least 24 hours.
 
 
(4)
But notice under subsection (3) is not required to be given for second and
15
 
subsequent entries onto the same land to carry out the same kind of surveying
 
 
or investigating.
 
 
(5)
A person may not be authorised under subsection (1) to enter and survey or
 
 
value land in connection with a proposal by Natural England to acquire an
 
 
interest in or a right over land (but see section 172 of the Housing and
20
 
Planning Act 2016).
 
 
(6)
In this section, “statutory undertaker” means a person who is, or who is
 
 
deemed to be, a statutory undertaker for the purposes of any provision of
 
 
Part 11 of the Town and Country Planning Act 1990.
 
78
Warrant to enter and survey or investigate land
25
 
(1)
This section applies if a justice of the peace is satisfied, on an application by
 
 
an authorised person giving written information on oath—
 
 
(a)
that there are reasonable grounds for entering and surveying or
 
 
investigating any land except a private dwelling in connection with
 
 
the exercise by Natural England of any function conferred by or under
30
 
this Part, and
 
 
(b)
that—
 
 
(i)
an authorised person has given notice as set out in section 77 (3)
 
 
but has been denied admission to the land or received no reply
 
 
to a request for admission within a reasonable period,
35
 
(ii)
admission to the land is unlikely to be granted unless a warrant
 
 
is produced, or
 
 
(iii)
it is necessary to confer a power to use force (if necessary) to
 
 
achieve the purpose for which entry is sought.
 

Page 110

 
(2)
The justice of the peace may issue a warrant conferring a power on any
 
 
authorised person to enter and survey or investigate the land, if necessary
 
 
using reasonable force.
 
 
(3)
Subject to subsection (8) , a warrant may be executed in relation to land which
 
 
is occupied only if notice in writing of the intended entry has been given to
5
 
the occupier as follows—
 
 
(a)
if the land is held by a statutory undertaker, the notice must be at
 
 
least 21 days;
 
 
(b)
in any other case, the notice must be at least 24 hours.
 
 
(4)
That notice must—
10
 
(a)
be accompanied by a copy of the warrant, or
 
 
(b)
if no warrant has yet been issued, state that Natural England intends
 
 
to apply for a warrant.
 
 
(5)
A person executing or seeking to execute a warrant must produce a copy of
 
 
the warrant to the occupier of the land (if present).
15
 
(6)
A warrant must specify the number of occasions on which the warrant confers
 
 
power to enter and survey or investigate the land.
 
 
(7)
The number specified must be the number which the justice of the peace
 
 
considers appropriate to achieve the purpose for which the warrant is required.
 
 
(8)
Where a warrant authorises entry onto the same land on more than one
20
 
occasion, notice under subsection (3) is not required to be given for second
 
 
and subsequent entries to carry out the same kind of surveying or
 
 
investigating.
 
 
(9)
Execution of a warrant must be—
 
 
(a)
within the period of three months starting with the date of its issue;
25
 
(b)
at a reasonable hour.
 
 
(10)
A warrant under this section may not authorise a person to enter and survey
 
 
or value land in connection with a proposal by Natural England to acquire
 
 
an interest in or a right over land (but see section 172 of the Housing and
 
 
Planning Act 2016).
30
 
(11)
In this section—
 
 
“authorised person” means a person authorised by Natural England
 
 
under section 77 ;
 
 
“statutory undertaker” has the meaning given by that section.
 
79
Powers of entry: further provision
35
 
(1)
In this section and in sections 80 and 81 , “power of entry” means a power to
 
 
enter and survey or investigate land conferred by section 77 or by a warrant
 
 
under section 78 .
 

Page 111

 
(2)
An authorisation of a person by Natural England to exercise a power of entry
 
 
must be in writing.
 
 
(3)
When exercising or seeking to exercise a power of entry, a person must if
 
 
asked produce evidence of the person’s authority and state the purpose of
 
 
the intended entry.
5
 
(4)
A person exercising a power of entry may be accompanied by any person,
 
 
and bring anything, required for any purpose for which the power of entry
 
 
is being exercised.
 
 
(5)
If a person exercising a power of entry has reasonable cause to expect any
 
 
obstruction in exercising the power, the person may be accompanied by a
10
 
constable.
 
 
(6)
If in the exercise of a power of entry a person enters land which is unoccupied
 
 
or from which the occupier is absent, the person must leave it as effectively
 
 
secured against unauthorised entry as the person found it.
 
 
(7)
A person exercising a power of entry must not carry out any surveying or
15
 
investigating of a kind specified in subsection (8) unless details of what is
 
 
proposed were included in—
 
 
(a)
the notice under section 77 (3) or 78 (3) , or
 
 
(b)
if the land is unoccupied, a notice given to every owner of the land
 
 
that the person is able to identify after taking reasonable steps to do
20
 
so.
 
 
(8)
The kinds of surveying or investigating referred to in subsection (7) are—
 
 
(a)
carrying out an aerial survey;
 
 
(b)
leaving apparatus on the land in question;
 
 
(c)
taking samples of—
25
 
(i)
water,
 
 
(ii)
air,
 
 
(iii)
soil or rock,
 
 
(iv)
flora,
 
 
(v)
blood, tissue or other biological material of fauna (living or
30
 
dead), or
 
 
(vi)
any non-living thing present as a result of human action;
 
 
(d)
searching for flora or fauna;
 
 
(e)
carrying out exploratory works for purposes connected with the taking
 
 
of a conservation measure.
35
 
(9)
A written authorisation from the Secretary of State is required before a person
 
 
exercises a power of entry if—
 
 
(a)
the land in question is held by a statutory undertaker, and
 
 
(b)
the undertaker objects to anything proposed to be done in exercise of
 
 
the power of entry on the ground that doing it would be seriously
40
 
detrimental to the undertaker carrying on its undertaking.
 

Page 112

 
(10)
Any such objection must be in writing and must be provided to Natural
 
 
England within the period for which notice is given in relation to the intended
 
 
entry under section 77 (3) or 78 (3) .
 
 
(11)
In this section, “statutory undertaker” has the meaning given by section 77 .
 
80
Powers of entry: compensation
5
 
(1)
If damage is caused to land or other property in the exercise of a power of
 
 
entry, a person suffering the damage may recover compensation from Natural
 
 
England.
 
 
(2)
Notice required to be given under section 77 (3) , 78 (3) or 79 (7) (b) must include
 
 
a statement about the right to such compensation.
10
 
(3)
Any question of disputed compensation under subsection (1) is to be referred
 
 
to and determined by the Upper Tribunal.
 
 
(4)
Section 4 of the Land Compensation Act 1961 (costs) applies to the
 
 
determination of a question referred under subsection (3) as it applies to the
 
 
determination of a question under section 1 of that Act, but as if references
15
 
to the acquiring authority were references to Natural England.
 
81
Powers of entry: offences
 
 
(1)
A person who intentionally obstructs a person acting in exercise of a power
 
 
of entry commits an offence.
 
 
(2)
A person who commits an offence under subsection (1) is liable on summary
20
 
conviction to a fine not exceeding level 3 on the standard scale.
 
 
(3)
A person commits an offence if the person discloses confidential information,
 
 
obtained in the exercise of a power of entry, for purposes other than those
 
 
for which the power was exercised.
 
 
(4)
A person who commits an offence under subsection (3) is liable—
25
 
(a)
on summary conviction, to a fine;
 
 
(b)
on conviction on indictment, to imprisonment for a term not exceeding
 
 
2 years or a fine, or both.
 
 
(5)
In subsection (3) “confidential information” means information—
 
 
(a)
which constitutes a trade secret, or
30
 
(b)
the disclosure of which would or would be likely to prejudice the
 
 
commercial interests of any person.
 
 
82
Revoked EDP: powers of Secretary of State etc to enter and survey or
 

investigate land

 
 
(1)
A person authorised by a relevant authority may enter and survey or
35
 
investigate any land for revoked EDP purposes.
 

Page 113

 
(2)
Subsection (3) applies if a justice of the peace is satisfied, on an application
 
 
by a person authorised by a relevant authority giving written information on
 
 
oath—
 
 
(a)
that there are reasonable grounds for entering and surveying or
 
 
investigating any land except a private dwelling for revoked EDP
5
 
purposes, and
 
 
(b)
that a condition specified in section 78 (1) (b) (i) , (ii) or (iii) is met
 
 
(reading the reference to an authorised person in subsection (1) (b) (i)
 
 
as a reference to a person authorised by the relevant authority).
 
 
(3)
The justice of the peace may issue a warrant conferring a power on any person
10
 
authorised by the relevant authority to enter and survey or investigate the
 
 
land, if necessary using reasonable force.
 
 
(4)
The following provisions apply in relation to the exercise of the powers
 
 
conferred by or under subsections (1) and (3) on a person authorised by the
 
 
relevant authority as they apply in relation to the exercise of the powers
15
 
conferred by or under sections 77 and 78 on a person authorised by Natural
 
 
England, reading references in the applied provisions to Natural England as
 
 
references to the relevant authority—
 
 
(a)
section 77 (2) to (6) (notice requirement etc);
 
 
(b)
section 78 (3) to (10) and the definition of “statutory undertaker” in
20
 
subsection (11) of that section (requirements for execution of warrant);
 
 
(c)
section 79 (1) to (8) (further provision about powers of entry);
 
 
(d)
section 80 (compensation);
 
 
(e)
section 81 (offences).
 
 
(5)
Subsections (9) to (11) of section 79 (land held by statutory undertakers) apply
25
 
in relation to the exercise of the powers conferred by or under subsections
 
 
(1) and (3) by a person authorised by an authority within subsection (7) (b)
 
 
as they apply in relation to the exercise of the powers conferred by or under
 
 
sections 77 and 78 on a person authorised by Natural England, reading the
 
 
reference in the applied provisions to Natural England as a reference to the
30
 
authority within subsection (7) (b) .
 
 
(6)
In this section “revoked EDP purposes” means purposes connected with—
 
 
(a)
the taking of a conservation measure included in a revoked EDP or a
 
 
revoked part of an EDP (see section 64 (6) and (8) (a) ), or
 
 
(b)
the taking of any other measure to improve the conservation status
35
 
of an environmental feature identified in a revoked EDP or a revoked
 
 
part of an EDP (see section 64 (6) and (8) (b) ).
 
 
(7)
In this section “relevant authority” means—
 
 
(a)
the Secretary of State, or
 
 
(b)
a public authority to which the Secretary of State has given a direction
40
 
under section 64 (8) (a) or (b) .
 

Page 114

83
Compulsory purchase powers: Natural England
 
 
(1)
Natural England may acquire land compulsorily if the Secretary of State
 
 
authorises it to do so.
 
 
(2)
The power under subsection (1) may be exercised in relation to land only if
 
 
Natural England requires the land for purposes connected with the taking of
5
 
a conservation measure.
 
 
(3)
The power under subsection (1) includes power to acquire new rights over
 
 
land.
 
 
(4)
Subsection (5) applies where—
 
 
(a)
land or new rights over land are being acquired compulsorily under
10
 
subsection (1) , and
 
 
(b)
any of the land which is being acquired, or over which new rights are
 
 
being acquired, is land which has been acquired by statutory
 
 
undertakers for the purposes of their undertaking.
 
 
(5)
The power under subsection (1) includes power to acquire land compulsorily
15
 
for giving in replacement for the land or (as the case may be) new rights
 
 
mentioned in subsection (4) (b) .
 
 
(6)
Subsection (7) applies where—
 
 
(a)
land or new rights over land are being acquired compulsorily under
 
 
subsection (1) , and
20
 
(b)
any of the land which is being acquired, or over which new rights are
 
 
being acquired, is or forms part of a common, open space or allotment.
 
 
(7)
The power under subsection (1) includes power to acquire land compulsorily
 
 
for giving in exchange for the land or (as the case may be) new rights
 
 
mentioned in subsection (6) (b) .
25
 
(8)
Schedule 5 makes further provision in relation to compulsory acquisition by
 
 
Natural England under this section.
 
 
(9)
In this section—
 
 
“allotment” means a fuel or field garden allotment;
 
 
“common” has the same meaning as in section 19 of the Acquisition of
30
 
Land Act 1981;
 
 
“open space” means any land which is—
 
 
(a)
laid out as a public garden,
 
 
(b)
used for the purposes of public recreation, or
 
 
(c)
a disused burial ground;
35
 
“statutory undertakers” has the same meaning as in section 16 of the
 
 
Acquisition of Land Act 1981.
 

Page 115

84
Compulsory purchase powers: Secretary of State
 
 
(1)
The Secretary of State may acquire land compulsorily if the Secretary of State
 
 
requires the land for revoked EDP purposes.
 
 
(2)
In subsection (1) “revoked EDP purposes” means purposes connected with
 
 
the taking by the Secretary of State or another public authority of—
5
 
(a)
a conservation measure included in a revoked EDP or a revoked part
 
 
of an EDP (see section 64 (6) and (8) (a) ), or
 
 
(b)
any other measure to improve the conservation status of an
 
 
environmental feature identified in a revoked EDP or a revoked part
 
 
of an EDP (see section 64 (6) and (8) (b) ).
10
 
(3)
The provisions of section 83 (3) to (9) and Schedule 5 apply in relation to (or
 
 
to matters connected with) the compulsory acquisition of land by the Secretary
 
 
of State under subsection (1) as they apply in relation to (or to matters
 
 
connected with) the compulsory acquisition of land by Natural England under
 
 
section 83 (1).
15
85
Annual reports
 
 
(1)
Natural England must publish a report for each financial year on the exercise
 
 
of its functions under this Part.
 
 
(2)
Each report must include—
 
 
(a)
a list of all EDPs in force, and details of the kinds of development and
20
 
environmental obligations covered by each one;
 
 
(b)
a list of EDPs being prepared, and details of the kinds of development
 
 
and environmental obligations proposed to be covered by each one;
 
 
(c)
details of any amendments to or revocations of EDPs since the previous
 
 
report;
25
 
(d)
an assessment of the effectiveness of each EDP that is in force;
 
 
(e)
a summary of Natural England’s accounts in respect of the financial
 
 
year in question relating to its functions under this Part, including
 
 
information about—
 
 
(i)
the total amounts received by Natural England by virtue of
30
 
the nature restoration levy in respect of that year, and
 
 
(ii)
the total amounts spent on conservation measures in respect
 
 
of that year.
 
 
(3)
Natural England must have regard to guidance issued by the Secretary of
 
 
State about the preparation of a report under this section.
35
 
(4)
Natural England must send a copy of a report under this section to the
 
 
Secretary of State, and publish the report, within such period as the Secretary
 
 
of State directs.
 
 
(5)
The Secretary of State must lay a copy of the report before Parliament.
 
 
(6)
In this section “financial year” means—
40

Page 116

 
(a)
the period beginning with the day on which this Part comes into force
 
 
and ending with the next 31 March, and
 
 
(b)
each subsequent period of 12 months ending with 31 March.
 

Power to designate another person to prepare EDPs etc

 
86
Power to designate person to exercise functions under this Part
5
 
(1)
The Secretary of State may by regulations designate another person to exercise
 
 
the functions of Natural England under this Part.
 
 
(2)
The regulations may make provision—
 
 
(a)
for a designated person to replace Natural England, or
 
 
(b)
for Natural England or a designated person to exercise functions under
10
 
this Part only in relation to an area or a kind of development specified
 
 
in the regulations.
 
 
(3)
The regulations may confer on a designated person such functions of Natural
 
 
England under Part 1 of the Natural Environment and Rural Communities
 
 
Act 2006 as the Secretary of State considers necessary to enable the designated
15
 
person to exercise the functions of Natural England under this Part.
 
 
(4)
The power to make regulations under subsection (1) includes a power to
 
 
make consequential amendments to an Act (including to this Act).
 
87
Transfer schemes in connection with regulations under
 
 
(1)
The Secretary of State may, in connection with regulations made under section
20
 
86 (1) , make one or more schemes for the transfer of property, rights and
 
 
liabilities (a “transfer scheme”) between—
 
 
(a)
Natural England and a designated person;
 
 
(b)
two or more designated persons.
 
 
(2)
The things that may be transferred under a transfer scheme include—
25
 
(a)
property, rights and liabilities that could not otherwise be transferred;
 
 
(b)
property acquired, and rights and liabilities arising, after the making
 
 
of the scheme;
 
 
(c)
criminal liabilities.
 
 
(3)
A transfer scheme may—
30
 
(a)
create rights, or impose liabilities, in relation to property or rights
 
 
transferred;
 
 
(b)
make provision about the continuing effect of things done by, on
 
 
behalf of or in relation to the transferor in respect of anything
 
 
transferred;
35
 
(c)
make provision about the continuation of things (including legal
 
 
proceedings) in the process of being done by, on behalf of or in relation
 
 
to the transferor in respect of anything transferred;
 

Page 117

 
(d)
make provision for references to the transferor in an instrument or
 
 
other document in respect of anything transferred to be treated as
 
 
references to the transferee;
 
 
(e)
make provision for the shared ownership or use of property;
 
 
(f)
make provision which is the same as or similar to the TUPE
5
 
regulations;
 
 
(g)
make other consequential, supplementary, incidental or transitional
 
 
provision.
 
 
(4)
A transfer scheme may provide—
 
 
(a)
for modifications by agreement;
10
 
(b)
for modifications to have effect from the date when the original scheme
 
 
came into effect.
 
 
(5)
For the purposes of this section—
 
 
(a)
references to rights and liabilities include rights and liabilities relating
 
 
to a contract of employment;
15
 
(b)
references to the transfer of property include the grant of a lease.
 
 
(6)
For the purposes of subsection (5) (a) —
 
 
(a)
an individual who holds employment in the civil service of the State
 
 
is to be treated as employed by virtue of a contract of employment,
 
 
and
20
 
(b)
the terms of the individual’s employment in the civil service of the
 
 
State are to be treated as constituting the terms of the contract of
 
 
employment.
 
 
(7)
In this section—
 
 
“designated person” means a person designated in regulations made
25
 
under section 86 (1) ;
 
 
“the TUPE regulations” means the Transfer of Undertakings (Protection
 
 
of Employment) Regulations 2006 (S.I. 2006/246).
 

Supplementary

 
88
Duty of co-operation
30
 
(1)
A public authority in England must co-operate with Natural England and
 
 
give it such reasonable assistance as it requests in connection with the
 
 
preparation or implementation of an EDP.
 
 
(2)
The things that a public authority may be required to do under the duty in
 
 
subsection (1) include, in particular—
35
 
(a)
the provision of information to Natural England;
 
 
(b)
the imposition or variation of a condition of development;
 
 
(c)
assistance with the implementation of conservation measures.
 
 
(3)
A public authority must have regard to any guidance given by the Secretary
 
 
of State about how the duty in subsection (1) is to be complied with.
40

Page 118

 
(4)
Subsection (1) does not apply to—
 
 
(a)
a court or tribunal,
 
 
(b)
either House of Parliament, or
 
 
(c)
a person exercising a parliamentary function.
 
 
(5)
The duty in subsection (1) does not operate to require a disclosure or use of
5
 
information that would contravene the data protection legislation (but in
 
 
determining whether a disclosure or use would do so, the duty is to be taken
 
 
into account).
 
 
(6)
In this section “data protection legislation” has the same meaning as in the
 
 
Data Protection Act 2018 (see section 3 of that Act).
10
89
Amendments relating to this Part
 
 
(1)
In Schedule 6 —
 
 
(a)
Part 1 amends the Habitats Regulations 2017 to provide that, for certain
 
 
purposes, Ramsar sites are treated in the same way as European sites;
 
 
(b)
Part 2 makes amendments related to, or consequential on, provision
15
 
made by this Part.
 
 
(2)
The Secretary of State may by regulations make amendments (including
 
 
amendments to an Act or to assimilated law) that are consequential on this
 
 
Part.
 
90
Regulations
20
 
(1)
Regulations under this Part are to be made by statutory instrument.
 
 
(2)
A statutory instrument containing—
 
 
(a)
nature restoration levy regulations,
 
 
(b)
regulations under section 86 (power to designate person to exercise
 
 
functions of Natural England), or
25
 
(c)
regulations under section 89 (2) (consequential amendments) which
 
 
amend an Act,
 
 
may not be made unless a draft of the instrument has been laid before and
 
 
approved by a resolution of each House of Parliament.
 
 
(3)
Any other statutory instrument containing regulations under this Part is
30
 
subject to annulment in pursuance of a resolution of either House of
 
 
Parliament.
 
 
(4)
Regulations under this Part—
 
 
(a)
may make different provision for different purposes or areas;
 
 
(b)
may make transitional, transitory or saving provision;
35
 
(c)
may make incidental, supplementary or consequential provision.
 

Page 119

91
Application to the Crown
 
 
(1)
This Part binds the Crown, subject as follows.
 
 
(2)
Regulations under this Part may (but need not) make provision binding the
 
 
Crown; but—
 
 
(a)
no contravention of any provision of regulations under this Part is to
5
 
make the Crown criminally liable;
 
 
(b)
regulations under this Part may not confer a power of entry over
 
 
Crown land unless the regulations require a person who may exercise
 
 
such a power to obtain the permission of the appropriate authority
 
 
before the power is exercised.
10
 
(3)
Before implementing a conservation measure under an EDP that is to be taken
 
 
on or may otherwise affect Crown land, Natural England must obtain the
 
 
permission of the appropriate authority.
 
 
(4)
The power conferred by section 77 applies in relation to Crown land, but
 
 
only if the person seeking entry to the land has the permission of—
15
 
(a)
a person appearing to the person seeking entry to be entitled to give
 
 
it, or
 
 
(b)
the appropriate authority.
 
 
(5)
The power conferred by section 82 (1) applies in relation to Crown land, but,
 
 
except where subsection (6) applies, only if the person seeking entry to the
20
 
land has the permission of—
 
 
(a)
a person appearing to the person seeking entry to be entitled to give
 
 
it, or
 
 
(b)
the appropriate authority.
 
 
(6)
This subsection applies if—
25
 
(a)
the person seeking to exercise that power is a person authorised by
 
 
the Secretary of State, and
 
 
(b)
the appropriate authority is a government department or the Secretary
 
 
of State.
 
 
(7)
If the appropriate authority is the occupier of the land, section 77 (3) (notice
30
 
requirement) does not apply in relation to the exercise of the power conferred
 
 
by section 77 or 82 (1) .
 
 
(8)
The following provisions do not apply in relation to anything done by virtue
 
 
of subsection (4) or (5) —
 
 
(a)
section 79 (7) to (10) (further provision about powers of entry);
35
 
(b)
section 81 (offences).
 
 
(9)
Sections 83 and 84 (powers to acquire land compulsorily) do not apply in
 
 
relation to Crown land.
 
 
(10)
In this section, “Crown land” and “the appropriate authority” have the same
 
 
meanings as in Part 13 of the Town and Country Planning Act 1990 (see
40
 
section 293 of that Act).
 

Page 120

92
Interpretation
 
 
In this Part —
 
 
“condition of development” means—
 
 
(a)
a condition, limitation or other restriction that may be imposed
 
 
on a grant of planning permission under Part 3 of the Town
5
 
and Country Planning Act 1990 ,
 
 
(b)
a requirement that may be included in an order granting
 
 
development consent under the Planning Act 2008 (see section
 
 
120(1) and (2) of that Act),
 
 
(c)
a condition that may be attached to the grant of listed building
10
 
consent under the Planning (Listed Buildings and Conservation
 
 
Areas) Act 1990 ,
 
 
(d)
a condition that may be attached to a marine licence under
 
 
section 71(1)(b) of the Marine and Coastal Access Act 2009, or
 
 
(e)
a condition that may be attached to a harbour revision order
15
 
under section 14 of the Harbours Act 1964 or a harbour
 
 
empowerment order under section 16 of that Act;
 
 
“conservation measure” has the meaning given in section 55 (3) ;
 
 
“development” has the same meaning as in the Town and Country
 
 
Planning Act 1990 (see section 55 of that Act), but also includes—
20
 
(a)
development within the meaning of the Planning Act 2008 (see
 
 
section 32 of that Act),
 
 
(b)
works required to be authorised under section 8 of the Planning
 
 
(Listed Buildings and Conservation Areas) Act 1990 , and
 
 
(c)
licensable marine activities, within the meaning of Part 4 of
25
 
the Marine and Coastal Access Act 2009 (see section 66 of that
 
 
Act);
 
 
“development area” has the meaning given in section 54 (1) ;
 
 
“EDP” means an environmental delivery plan;
 
 
“EDP start date” and “EDP end date” have the meanings given in section
30
 
54 (7) ;
 
 
“environmental delivery plan” has the meaning given in section 53 (1) ;
 
 
“environmental impact” has the meaning given in section 55 (1) ;
 
 
“European site” has the same meaning as in the Habitats Regulations
 
 
2017 (see regulation 8);
35
 
“the Habitats Regulations 2017” means the Conservation of Habitats and
 
 
Species Regulations 2017 (S.I. 2017/1012);
 
 
“identified environmental feature” means an environmental feature
 
 
identified in an EDP in accordance with section 55 (1) ;
 
 
“local planning authority” has the same meaning as in the Town and
40
 
Country Planning Act 1990 (see Part 1 of that Act);
 
 
“marine conservation zone” means an area designated as such under
 
 
section 116 of the Marine and Coastal Access Act 2009;
 
 
“nature restoration levy regulations” has the meaning given in section
 
 
67 ;
45

Page 121

 
“overall improvement test” means the test set out in section 60 (4) ;
 
 
“protected site” means—
 
 
(a)
a European site,
 
 
(b)
an SSSI,
 
 
(c)
a Ramsar site, or
5
 
(d)
a marine conservation zone,
 
 
and “protected feature”, in relation to a protected site, means any
 
 
habitat or species, or assemblage of habitats or species, or any feature
 
 
of geological, geomorphological or physiographical interest by reason
 
 
of which the site is a protected site;
10
 
“protected species” means a species of animal or plant that is—
 
 
(a)
listed in Schedule 2 , 4 or 5 of the Habitats Regulations 2017
 
 
, or
 
 
(b)
protected by—
 
 
(i)
Part 1 of the Wildlife and Countryside Act 1981 , or
15
 
(ii)
the Protection of Badgers Act 1992 ;
 
 
“public authority” means a person who exercises functions of a public
 
 
nature;
 
 
“Ramsar Convention” means the Convention on Wetlands of International
 
 
Importance especially as Waterfowl Habitat signed at Ramsar on 2
20
 
February 1971, as amended by—
 
 
(a)
the Protocol known as the Paris Protocol done at Paris on 3
 
 
December 1982, and
 
 
(b)
the amendments known as the Regina Amendments adopted
 
 
at the Extraordinary Conference of the Contracting Parties held
25
 
at Regina, Saskatchewan, Canada, between 28 May and 3 June
 
 
1987;
 
 
but if that Convention is further amended after the passing of this
 
 
Act, the references to the Ramsar Convention in this Part are to be
 
 
taken after the entry into force of the further amendments as referring
30
 
to that Convention as further amended (and the reference to paragraph
 
 
1 of article 2 is, if necessary, to be taken as referring to the appropriate
 
 
successor provision);
 
 
“Ramsar site” means a site that has been designated under paragraph 1
 
 
of article 2 of the Ramsar Convention for inclusion in the list of
35
 
wetlands of international importance referred to in that article ;
 
 
“SSSI” means a site of special scientific interest within the meaning of
 
 
Part 2 of the Wildlife and Countryside Act 1981 ;
 
 
“working day” means any day other than—
 
 
(a)
Saturday or Sunday,
40
 
(b)
Christmas Day or Good Friday, or
 
 
(c)
a day which is a bank holiday in England and Wales under
 
 
the Banking and Financial Dealings Act 1971.
 

Page 122

Part 4

 

Development corporations

 
93
Areas for development and remit
 
 
(1)
The New Towns Act 1981 is amended as set out in subsections (2) and (3) .
 
 
(2)
In section 1 (designation of areas), for subsection (3) substitute—
5
 
“(3)
An order under this section—
 
 
(a)
may include in the area designated as the site of the proposed
 
 
new town any existing town or other centre of population;
 
 
(b)
may, in relation to a proposed new town in England—
 
 
(i)
designate separate parcels of land as the area for the
10
 
site of the proposed new town;
 
 
(ii)
designate an area of land which is adjacent to an
 
 
existing town or other centre of population so that the
 
 
area is developed as an urban extension rather than as
 
 
a wholly new town;
15
 
and references in this Act to a new town or proposed new town are
 
 
to be construed accordingly.”
 
 
(3)
In section 3 (establishment of development corporations for new towns), after
 
 
subsection (1) insert—
 
 
“(1A)
A single development corporation may be established for the purposes
20
 
of the development of more than one new town in England if the
 
 
Secretary of State considers that having a single development
 
 
corporation would facilitate efficient development.”
 
 
(4)
The Local Government, Planning and Land Act 1980 is amended as set out
 
 
in subsections (5) and (6) .
25
 
(5)
In section 134 (urban development areas), after subsection (1B) insert—
 
 
“(1C)
An area of land designated as an urban development area in England
 
 
must include, but need not wholly consist of, an area in an existing
 
 
town or centre of population.”
 
 
(6)
In section 171 (interpretation of Part 16)—
30
 
(a)
the existing text becomes subsection (1);
 
 
(b)
after that subsection insert—
 
 
“(2)
In this Part as it applies in relation to England, references to
 
 
the regeneration of an area are to be read as references to the
 
 
regeneration or development of the area.”
35
 
(7)
In section 201 of the Localism Act 2011 (objects and powers of Mayoral
 
 
development corporations), in subsection (1) after “regeneration” insert “or
 
 
development”.
 

Page 123

94
Duties to have regard to sustainable development and climate change
 
 
(1)
In section 4 of the New Towns Act 1981 (objects and general powers of
 
 
development corporations), in subsection (1A) , for “the achievement of
 
 
sustainable development” substitute “—
 
 
“(a)
the achievement of sustainable development, and
5
 
(b)
the mitigation of, and adaptation to, climate change.”
 
 
(2)
In section 136 of the Local Government, Planning and Land Act 1980 (objects
 
 
and general powers of urban development corporations), after subsection (1)
 
 
insert—
 
 
“(1A)
In pursuing that object, an urban development corporation that is
10
 
established for the purposes of regenerating or developing an urban
 
 
development area in England must aim to contribute to—
 
 
(a)
the achievement of sustainable development, and
 
 
(b)
the mitigation of, and adaptation to, climate change.
 
 
(1B)
For the purposes of subsection (1A) an urban development corporation
15
 
must (in particular) have regard to the desirability of good design.”
 
 
(3)
In section 201 of the Localism Act 2011 (objects and powers of Mayoral
 
 
development corporations), after subsection (1) insert—
 
 
“(1A)
In pursuing that object, an MDC must aim to contribute to—
 
 
(a)
the achievement of sustainable development, and
20
 
(b)
the mitigation of, and adaptation to, climate change.
 
 
(1B)
For the purposes of subsection (1A), an MDC must (in particular) have
 
 
regard to the desirability of good design.”
 
95
Powers in relation to infrastructure
 
 
(1)
The New Towns Act 1981 is amended as set out in subsections (2) to (5) .
25
 
(2)
In section 4 (objects and general powers of development corporations)—
 
 
(a)
after subsection (1B) insert—
 
 
“(1C)
To secure such laying out and development every development
 
 
corporation established for the purposes of a new town in
 
 
England has the power (subject to section 5)—
30
 
(a)
to acquire, hold, manage and dispose of land and other
 
 
property,
 
 
(b)
to carry out building and other operations,
 
 
(c)
to carry on any business or undertaking in or for the
 
 
purposes of the new town,
35
 
and generally to do anything necessary or expedient for the
 
 
purposes or incidental purposes of the new town. (See also
 
 
section 4A (powers in relation to infrastructure).)”;
 

Page 124

 
(b)
in subsection (2) , in the words before paragraph (a) , after “corporation”
 
 
insert “established for the purposes of a new town in Wales”;
 
 
(c)
in subsection (3) —
 
 
(i)
in the words before paragraph (a), for “subsection (2)” substitute
 
 
“subsections (1C) and (2)”;
5
 
(ii)
in paragraph (a), for “that subsection” substitute “those
 
 
subsections”;
 
 
(iii)
in paragraph (b), for “that subsection” substitute “those
 
 
subsections”;
 
 
(d)
in subsection (5)(b), after “subsection” insert “(1C) or”.
10
 
(3)
After section 4 insert—
 
“4A
Powers in relation to infrastructure: England
 
 
(1)
A development corporation established for the purposes of a new
 
 
town in England may, to secure the laying out and development
 
 
referred to in section 4(1), provide or facilitate the provision of
15
 
infrastructure.
 
 
(2)
In this section “provide” includes provide by way of acquisition,
 
 
construction, conversion, improvement or repair (and “provision” is
 
 
to be read in the same way).
 
 
(3)
In this section “infrastructure” means—
20
 
(a)
water, electricity, gas, telecommunications, sewerage or other
 
 
services, including heat networks,
 
 
(b)
roads or other transport facilities,
 
 
(c)
retail or other business facilities,
 
 
(d)
health, educational, employment or training facilities,
25
 
(e)
social, religious or recreational facilities,
 
 
(f)
cremation or burial facilities, and
 
 
(g)
community facilities not falling within paragraphs (a) to (f).
 
 
(4)
Section 4(5) applies in relation to subsection (1) as it applies in relation
 
 
to section 4(2).”
30
 
(4)
In section 5 (restriction on powers of development corporations), in subsection
 
 
(5) —
 
 
(a)
in paragraph (a), after “services” insert “or heat networks”;
 
 
(b)
in paragraph (b) , at the beginning insert “in the case of a development
 
 
corporation established for the purposes of a new town in Wales,”;
35
 
(c)
in the words after paragraph (b) , after “undertaking” insert “in Wales”.
 
 
(5)
In section 80(1) (defined terms), at the appropriate place insert—
 
 
““heat networks” has the meaning given by section 216 of the Energy Act
 
 
2023 ;”.
 

Page 125

 
(6)
The Local Government, Planning and Land Act 1980 is amended as set out
 
 
in subsections (7) to (9) .
 
 
(7)
In section 136 (objects and general powers)—
 
 
(a)
after subsection (2) insert—
 
 
“(2A)
Subject to sections 137 and 138, for the purpose of achieving
5
 
the object an urban development corporation established for
 
 
the purposes of an urban development area in England may—
 
 
(a)
acquire, hold, manage, reclaim and dispose of land and
 
 
other property;
 
 
(b)
carry out building and other operations;
10
 
(c)
carry on any business or undertaking for the purposes
 
 
of the object; and
 
 
(d)
generally do anything necessary or expedient for the
 
 
purposes of the object or for purposes incidental to
 
 
those purposes.
15
 
(See also section 136A (powers in relation to infrastructure).)
 
 
(2B)
But nothing in this Part authorises an urban development
 
 
corporation established for the purposes of an urban
 
 
development area in England to carry on any business or
 
 
undertaking for—
20
 
(a)
the supply of water, electricity or gas, or
 
 
(b)
the provision of sewerage services or heat networks.”;
 
 
(b)
in subsection (3) , in the words before paragraph (a) , after “corporation”
 
 
insert “established for the purposes of an urban development area in
 
 
Wales”;
25
 
(c)
in subsection (4) , for after “subsection” insert “(2A) or”;
 
 
(d)
in subsection (7) , for “subsection (3)” substitute “subsection (2A) or
 
 
(3)”.
 
 
(8)
After section 136 insert—
 
“136A
Powers in relation to infrastructure: England
30
 
(1)
An urban development corporation established for the purposes of an
 
 
urban development area in England may, for the purpose of achieving
 
 
the object in section 136(1), provide or facilitate the provision of
 
 
infrastructure.
 
 
(2)
In this section “provide” includes provide by way of acquisition,
35
 
construction, conversion, improvement or repair (and “provision” is
 
 
to be read in the same way).
 
 
(3)
In this section “infrastructure” means—
 
 
(a)
water, electricity, gas, telecommunications, sewerage or other
 
 
services, including heat networks,
40
 
(b)
roads or other transport facilities,
 
 
(c)
retail or other business facilities,
 

Page 126

 
(d)
health, educational, employment or training facilities,
 
 
(e)
social, religious or recreational facilities,
 
 
(f)
cremation or burial facilities, and
 
 
(g)
community facilities not falling within paragraphs (a) to (f).
 
 
(4)
Section 136(7) applies in relation to subsection (1) as it applies in
5
 
relation to section 136(3).”
 
 
(9)
In section 171 (interpretation), at the appropriate place insert—
 
 
““heat networks” has the meaning given by section 216 of the Energy Act
 
 
2023 ;”.
 
 
(10)
The Localism Act 2011 is amended as follows.
10
 
(11)
In section 205 (4) (powers of Mayoral development corporations in relation to
 
 
infrastructure), at the end of paragraph (a) insert “including heat networks
 
 
within the meaning of section 216 of the Energy Act 2023 ,”.
 
 
(12)
In section 212 (power of Mayoral development corporations to carry on
 
 
businesses or undertakings)—
15
 
(a)
after subsection (1) insert—
 
 
“(1A)
This section does not authorise an MDC to carry on a business
 
 
for—
 
 
(a)
the supply of water, electricity or gas, or
 
 
(b)
the provision of sewerage services or heat networks.”;
20
 
(b)
after subsection (6) insert—
 
 
“(7)
In this section “heat networks” has the meaning given by
 
 
section 216 of the Energy Act 2023 .”
 
96
Exercise of transport functions
 
 
(1)
In the New Towns Act 1981, after section 9 insert—
25
 
“Transport functions relating to new towns in England
 
9A
Exercise of transport functions
 
 
(1)
A relevant transport authority must—
 
 
(a)
have regard to any plans published or shared with the authority
 
 
by an English new town development corporation that may
30
 
be relevant to the exercise of the authority’s functions, and
 
 
(b)
co-operate with an English new town development corporation
 
 
in the development and implementation of the corporation’s
 
 
plans.
 
 
(2)
If the Secretary of State considers that a relevant transport authority
35
 
has failed to comply with the duty in subsection (1), the Secretary of
 
 
State may direct the authority to exercise its functions in such a way
 
 
as to comply with that duty.
 

Page 127

 
(3)
If a relevant transport authority fails to comply with a direction under
 
 
subsection (2), the Secretary of State may by regulations provide for
 
 
any function of the transport authority that has an effect on the area
 
 
of the new town for which the development corporation was
 
 
established to be exercisable by the development corporation.
5
 
(4)
Regulations under subsection (3) may make provision for the function
 
 
to be exercisable by the development corporation either generally or
 
 
subject to such conditions or limitations as may be specified in the
 
 
regulations.
 
 
(5)
Regulations under subsection (3) may make provision for the function
10
 
to be exercisable by the development corporation—
 
 
(a)
instead of by the relevant transport authority,
 
 
(b)
concurrently with the relevant transport authority, or
 
 
(c)
jointly with the relevant transport authority.
 
 
(6)
Regulations under subsection (3) may—
15
 
(a)
make different provision for different purposes;
 
 
(b)
include consequential, supplementary, incidental, transitional
 
 
or saving provision.
 
 
(7)
In this section—
 
 
“English new town development corporation” means a new town
20
 
development corporation established for the purposes of a new
 
 
town in England;
 
 
“relevant transport authority” means any of the following for an
 
 
area in England—
 
 
(a)
a local transport authority within the meaning of Part
25
 
2 of the Transport Act 2000 (see section 108(4) of that
 
 
Act),
 
 
(b)
a local highway authority within the meaning of the
 
 
Highways Act 1980 (see section 329 of that Act), or
 
 
(c)
a local traffic authority within the meaning of the Road
30
 
Traffic Regulation Act 1984 (see section 121A(5) of that
 
 
Act).
 
9B
Transfer schemes in connection with regulations under section
 
 
(1)
The Secretary of State may, in connection with regulations under
 
 
section 9A (3) , make one or more schemes for the transfer of property,
35
 
rights and liabilities between the corporation and the relevant transport
 
 
authority to which the regulations relate.
 
 
Such a scheme is referred to in this section as a “transfer scheme”.
 
 
(2)
The things that may be transferred under a transfer scheme include—
 
 
(a)
property, rights and liabilities that could not otherwise be
40
 
transferred, and
 

Page 128

 
(b)
property acquired, and rights and liabilities arising, after the
 
 
making of the scheme.
 
 
(3)
A transfer scheme may—
 
 
(a)
create rights, or impose liabilities, in relation to property or
 
 
rights transferred;
5
 
(b)
make provision about the continuing effect of things done by,
 
 
on behalf of or in relation to the transferor in respect of
 
 
anything transferred;
 
 
(c)
make provision about the continuation of things (including
 
 
legal proceedings) in the process of being done by, on behalf
10
 
of or in relation to the transferor in respect of anything
 
 
transferred;
 
 
(d)
make provision for references to the transferor in an instrument
 
 
or other document in respect of anything transferred to be
 
 
treated as references to the new regulator;
15
 
(e)
make provision for the shared ownership or use of property;
 
 
(f)
make provision which is the same as or similar to the TUPE
 
 
regulations;
 
 
(g)
make other consequential, supplementary, incidental or
 
 
transitional provision.
20
 
(4)
A transfer scheme may provide—
 
 
(a)
for modifications by agreement;
 
 
(b)
for modifications to have effect from the date when the original
 
 
scheme came into effect.
 
 
(5)
In subsection (3) (f) , “the TUPE regulations” means the Transfer of
25
 
Undertakings (Protection of Employment) Regulations 2006 (S.I.
 
 
2006/246).
 
 
(6)
For the purposes of this section—
 
 
(a)
references to rights and liabilities include rights and liabilities
 
 
relating to a contract of employment;
30
 
(b)
references to the transfer of property include the grant of a
 
 
lease.
 
 
(2)
In the Local Government, Planning and Land Act 1980, after section 140
 
 
insert—
 
 
“Transport functions relating to urban development areas in England
35
140A
Exercise of transport functions
 
 
(1)
A relevant transport authority must—
 
 
(a)
have regard to any plans published or shared with the authority
 
 
by an English urban development corporation that may be
 
 
relevant to the exercise of the authority’s functions, and
40

Page 129

 
(b)
co-operate with an English urban development corporation in
 
 
the development and implementation of the corporation’s plans.
 
 
(2)
If the Secretary of State considers that a relevant transport authority
 
 
has failed to comply with the duty in subsection (1), the Secretary of
 
 
State may direct the authority to exercise its functions in such a way
5
 
as to comply with that duty.
 
 
(3)
If a relevant transport authority fails to comply with a direction under
 
 
subsection (2), the Secretary of State may by regulations provide for
 
 
any function of the transport authority that has an effect on the urban
 
 
development area for which the urban development corporation was
10
 
established to be exercisable by the development corporation.
 
 
(4)
Regulations under subsection (3) may make provision for the function
 
 
to be exercisable by the development corporation either generally or
 
 
subject to such conditions or limitations as may be specified in the
 
 
regulations.
15
 
(5)
Regulations under subsection (3) may make provision for the function
 
 
to be exercisable by the development corporation—
 
 
(a)
instead of by the relevant transport authority,
 
 
(b)
concurrently with the relevant transport authority, or
 
 
(c)
jointly with the relevant transport authority.
20
 
(6)
Regulations under subsection (3) —
 
 
(a)
are to be made by statutory instrument;
 
 
(b)
may make different provision for different purposes;
 
 
(c)
may include consequential, supplementary, incidental,
 
 
transitional or saving provision.
25
 
(7)
A statutory instrument containing regulations under this section is
 
 
subject to annulment in pursuance of a resolution of either House of
 
 
Parliament.
 
 
(8)
In this section—
 
 
“English urban development corporation” means an urban
30
 
development corporation established for the purposes of an
 
 
urban development area in England;
 
 
“relevant transport authority” means any of the following for an
 
 
area in England—
 
 
(a)
a local transport authority within the meaning of Part
35
 
2 of the Transport Act 2000 (see section 108(4) of that
 
 
Act),
 
 
(b)
a local highway authority within the meaning of the
 
 
Highways Act 1980 (see section 329 of that Act), or
 
 
(c)
a local traffic authority within the meaning of the Road
40
 
Traffic Regulation Act 1984 (see section 121A(5) of that
 
 
Act).
 

Page 130

140B
Transfer schemes in connection with regulations under section
 
 
(1)
The Secretary of State may, in connection with regulations under
 
 
section 140A (3) , make one or more schemes for the transfer of property,
 
 
rights and liabilities between the corporation and the relevant transport
 
 
authority to which the regulations relate.
5
 
Such a scheme is referred to in this section as a “transfer scheme”.
 
 
(2)
The things that may be transferred under a transfer scheme include—
 
 
(a)
property, rights and liabilities that could not otherwise be
 
 
transferred, and
 
 
(b)
property acquired, and rights and liabilities arising, after the
10
 
making of the scheme.
 
 
(3)
A transfer scheme may—
 
 
(a)
create rights, or impose liabilities, in relation to property or
 
 
rights transferred;
 
 
(b)
make provision about the continuing effect of things done by,
15
 
on behalf of or in relation to the transferor in respect of
 
 
anything transferred;
 
 
(c)
make provision about the continuation of things (including
 
 
legal proceedings) in the process of being done by, on behalf
 
 
of or in relation to the transferor in respect of anything
20
 
transferred;
 
 
(d)
make provision for references to the transferor in an instrument
 
 
or other document in respect of anything transferred to be
 
 
treated as references to the new regulator;
 
 
(e)
make provision for the shared ownership or use of property;
25
 
(f)
make provision which is the same as or similar to the TUPE
 
 
regulations;
 
 
(g)
make other consequential, supplementary, incidental or
 
 
transitional provision.
 
 
(4)
A transfer scheme may provide—
30
 
(a)
for modifications by agreement;
 
 
(b)
for modifications to have effect from the date when the original
 
 
scheme came into effect.
 
 
(5)
In subsection (3) (f) , “the TUPE regulations” means the Transfer of
 
 
Undertakings (Protection of Employment) Regulations 2006 (S.I.
35
 
2006/246).
 
 
(6)
For the purposes of this section—
 
 
(a)
references to rights and liabilities include rights and liabilities
 
 
relating to a contract of employment;
 
 
(b)
references to the transfer of property include the grant of a
40
 
lease.”
 

Page 131

Part 5

 

Compulsory purchase

 
97
Electronic service etc
 
 
(1)
In section 6 of the Acquisition of Land Act 1981 (service of documents), at
 
 
the end insert—
5
 
“(5)
Any notice or other document required or authorised to be served on
 
 
a person under this Act may be served by sending it to an email
 
 
address or uploading it to a website at which the person has agreed
 
 
in writing to receive notices or documents for the purposes of the
 
 
compulsory purchase order to which the notice or document relates.
10
 
(6)
Any notice or other document required or authorised to be served
 
 
under this Act on—
 
 
(a)
an acquiring authority,
 
 
(b)
a confirming authority,
 
 
(c)
an inspector,
15
 
(d)
a local authority, or
 
 
(e)
a statutory undertaker,
 
 
may also be served electronically by a method mentioned in subsection
 
 
(7) .
 
 
(7)
The methods of electronic service are—
20
 
(a)
sending the notice or document to an appropriate email
 
 
address, or
 
 
(b)
uploading the notice or document to an appropriate website.
 
 
(8)
For the purposes of subsection (7) —
 
 
(a)
an email address or website is an appropriate one for the
25
 
service of notices or documents if the person being served
 
 
has—
 
 
(i)
provided the email address or details of the website to
 
 
the sender for the purposes of communicating with
 
 
them about land subject to the compulsory purchase
30
 
order or about the order itself, or
 
 
(ii)
published the fact that the email address or the website
 
 
may be used for those purposes;
 
 
(b)
an email address is also an appropriate one for the service of
 
 
notices or documents if the person being served has previously
35
 
used it for the purposes of communicating with the sender
 
 
about land subject to the compulsory purchase order or about
 
 
the order itself.
 
 
(9)
A notice or other document sent electronically is, unless the contrary
 
 
is proved, to be treated as having been received on the working day
40
 
immediately following the day on which it was sent.
 

Page 132

 
(10)
In this section—
 
 
“inspector” means a person appointed under section 14D;
 
 
“local authority” means a local authority within the meaning of
 
 
section 7(1) or section 17(4);
 
 
“statutory undertaker” includes the persons mentioned in section
5
 
16(3) and in the definition of statutory undertaker in section
 
 
17(4);
 
 
“working day” means a day other than a Saturday, a Sunday,
 
 
Christmas Day, Good Friday or a bank holiday under the
 
 
Banking and Financial Dealings Act 1971 in England and Wales.
10
 
(11)
This section does not apply to a communication required or authorised
 
 
to be sent under this Act to the High Court.”
 
 
(2)
In section 38 of the Land Compensation Act 1961 (service of notices), at the
 
 
end insert—
 
 
“(3)
Any communication required or authorised to be sent to a person
15
 
under this Act may be sent to an email address or uploaded to a
 
 
website at which the person has agreed in writing to receive
 
 
communications for the purposes of the claim for compensation.
 
 
(4)
Any communication required or authorised under this Act to be sent
 
 
to—
20
 
(a)
an acquiring authority,
 
 
(b)
a confirming authority, or
 
 
(c)
a local planning authority,
 
 
may also be sent electronically by a method mentioned in subsection
 
 
(5) .
25
 
(5)
The methods are—
 
 
(a)
sending the communication to an appropriate email address,
 
 
or
 
 
(b)
uploading the communication to an appropriate website.
 
 
(6)
For the purposes of subsection (5) —
30
 
(a)
an email address or website is an appropriate one if the person
 
 
to whom the communication is to be sent has—
 
 
(i)
provided the email address or details of the website to
 
 
the sender for the purposes of communicating with
 
 
them about the claim for compensation, or
35
 
(ii)
published the fact that the email address or the website
 
 
may be used for those purposes;
 
 
(b)
an email address is also an appropriate one if the person to
 
 
whom the communication is to be sent has previously used it
 
 
for the purposes of communicating with the sender about the
40
 
claim for compensation.
 

Page 133

 
(7)
A communication sent electronically is, unless the contrary is proved,
 
 
to be treated as having been received on the working day immediately
 
 
following the day on which it was sent.
 
 
(8)
In this section—
 
 
“confirming authority” has the same meaning as in Schedule 2A
5
 
(see paragraph 9 of that Schedule);
 
 
“working day” means a day other than a Saturday, a Sunday,
 
 
Christmas Day, Good Friday or a bank holiday under the
 
 
Banking and Financial Dealings Act 1971 in England and Wales.
 
 
(9)
This section does not apply to a communication required or authorised
10
 
to be sent under this Act to the Upper Tribunal.”
 
 
(3)
In Part 6 of the Land Compensation Act 1973 (supplementary provisions),
 
 
after section 84 insert—
 
“84A
Service of documents
 
 
(1)
Any communication required or authorised to be sent to a person
15
 
under this Act may be sent to an email address or uploaded to a
 
 
website at which the person has agreed in writing to receive
 
 
communications for the purposes of the claim for compensation.
 
 
(2)
Any communication required or authorised under this Act to be sent
 
 
to—
20
 
(a)
an acquiring authority, or
 
 
(b)
a responsible authority within the meaning of section 1,
 
 
may also be sent electronically by a method mentioned in subsection
 
 
(3) .
 
 
(3)
The methods are—
25
 
(a)
sending the communication to an appropriate email address,
 
 
or
 
 
(b)
uploading the communication to an appropriate website.
 
 
(4)
For the purposes of subsection (3) —
 
 
(a)
an email address or website is an appropriate one if the
30
 
authority has—
 
 
(i)
provided the email address or details of the website to
 
 
the sender for the purposes of communicating with
 
 
them about the claim for compensation, or
 
 
(ii)
published the fact that the email address or the website
35
 
may be used for those purposes;
 
 
(b)
an email address is also an appropriate one if the authority
 
 
has previously used it for the purposes of communicating with
 
 
the sender about the claim for compensation.
 

Page 134

 
(5)
A communication sent electronically is, unless the contrary is proved,
 
 
to be treated as having been received on the working day immediately
 
 
following the day on which it was sent.
 
 
(6)
In this section “working day” means a day other than a Saturday, a
 
 
Sunday, Christmas Day, Good Friday or a bank holiday under the
5
 
Banking and Financial Dealings Act 1971 in England and Wales.
 
 
(7)
This section does not apply to a communication required or authorised
 
 
to be sent under this Act to the Upper Tribunal.”
 
 
(4)
The amendments made by subsection (1) do not apply in relation to a
 
 
compulsory purchase order made under the Acquisition of Land Act 1981 in
10
 
a case where the first notice under—
 
 
(a)
section 11(1) of that Act (purchases by local and other authorities:
 
 
public notice), or
 
 
(b)
paragraph 2(1) of Schedule 1 to that Act (purchases by Ministers:
 
 
public notices),
15
 
was published before this section came into force.
 
 
(5)
The amendments made by subsection (1) do not apply in relation to a purchase
 
 
under the Compulsory Purchase Act 1965 in a case where the notice to treat
 
 
under section 5(1) of that Act relating to the purchase was given before this
 
 
section came into force (for the application of section 6 of the Acquisition of
20
 
Land Act 1981 to the service of notices under the Compulsory Purchase Act
 
 
1965, see section 30 of that Act).
 
98
Required content of newspaper notices
 
 
(1)
Part 2 of the Acquisition of Land Act 1981 (purchases by local and other
 
 
authorities) is amended as set out in subsections (2) and (3) .
25
 
(2)
In section 11 (obligation on acquiring authority to publish notice of compulsory
 
 
purchase order), after subsection (2) insert—
 
 
“(2ZA)
In the case of a notice under subsection (1)(a), the requirement in
 
 
subsection (2)(b) to describe the land may be met by briefly identifying
 
 
the land (by giving its postal address or otherwise).”
30
 
(3)
In section 15 (notices after confirmation of order)—
 
 
(a)
after subsection (4) insert—
 
 
“(4ZA)
In the case of a notice under subsection (3)(a), the requirement
 
 
in subsection (4)(a) to describe the land may be met by briefly
 
 
identifying the land (by giving its postal address or
35
 
otherwise).”;
 
 
(b)
at the end of subsection (4F)(b), insert “except that, in the case of a
 
 
fulfilment notice under subsection (4C)(b)(i), the requirement to annex
 
 
a description of the land (see subsection (4)(a)) may be met by briefly
 
 
identifying the land (by giving its postal address or otherwise).”
40

Page 135

 
(4)
Schedule 1 to that Act (purchases by Ministers) is amended as set out in
 
 
subsections (5) and (6) .
 
 
(5)
In paragraph 2 (obligation on Minister to publish notice of compulsory
 
 
purchase order), after sub-paragraph (2) insert—
 
 
“(2ZA)
In the case of a notice under sub-paragraph (1)(a), the requirement in
5
 
sub-paragraph (2)(b) to describe the land may be met by briefly
 
 
identifying the land (by giving its postal address or otherwise).”
 
 
(6)
In paragraph 6 (notices after confirmation order)—
 
 
(a)
after sub-paragraph (4) insert—
 
 
“(4ZA)
In the case of a notice under sub-paragraph (3)(a), the
10
 
requirement in sub-paragraph (4)(a) to describe the land may
 
 
be met by briefly identifying the land (by giving its postal
 
 
address or otherwise).”;
 
 
(b)
at the end of sub-paragraph (4D)(b), insert “except that, in the case of
 
 
a fulfilment notice under sub-paragraph (4C)(b)(i), the requirement to
15
 
annex a description of the land (see sub-paragraph (4)(a)) may be met
 
 
by briefly identifying the land (by giving its postal address or
 
 
otherwise).”
 
99
Confirmation by acquiring authority: orders with modifications
 
 
(1)
Section 14A of the Acquisition of Land Act 1981 (confirmation by acquiring
20
 
authority) is amended as follows.
 
 
(2)
In subsection (3)(c), for “without modification” substitute “—
 
 
“(i)
without modification, or
 
 
(ii)
with only such modifications as are specified by the
 
 
confirming authority in the notice.”
25
 
(3)
After subsection (4) insert—
 
 
“(4A)
A confirming authority may specify a modification only if—
 
 
(a)
it modifies the order so as to add an additional interest in land,
 
 
and the confirming authority is satisfied that the interest holder
 
 
consents to the proposed modification,
30
 
(b)
it modifies the order so as to remove an interest in any land
 
 
to which the order applies,
 
 
(c)
it modifies the order so as to remove part of an interest in any
 
 
land to which the order applies, and the confirming authority
 
 
is satisfied that the interest holder consents to the proposed
35
 
modification, or
 
 
(d)
it modifies the order in such a way that no interests in land
 
 
are affected.”
 
 
(4)
In subsection (5)—
 

Page 136

 
(a)
in paragraph (a), for “or” substitute “other than those specified in the
 
 
notice,”;
 
 
(b)
at the end insert “, or
 
 
“(c)
in a case where the notice specifies modifications, to
 
 
confirm the order without those modifications.”
5
 
(5)
After subsection (6) insert—
 
 
“(6A)
In a case where the acquiring authority has determined to confirm an
 
 
order with modifications, it must, at the same time as notifying the
 
 
confirming authority under subsection (6)—
 
 
(a)
provide the confirming authority with a copy of the order as
10
 
modified, and
 
 
(b)
certify that the only modifications are those specified by the
 
 
confirming authority.”
 
100
General vesting declarations: expedited procedure
 
 
(1)
The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as
15
 
follows.
 
 
(2)
In section 2(1) (interpretation and construction), after the definition of
 
 
“acquiring authority” insert—
 
 
““expedited procedure” means the procedure (available in respect of
 
 
unoccupied land etc or where there is no identifiable interest holder)
20
 
whereby a general vesting declaration may vest the land in the
 
 
acquiring authority less than three months from the date on which
 
 
the service of notices required by section 6 is completed (see section
 
 
4 (1ZA) (a) and sections 4A and 4B ),”.
 
 
(3)
In section 4 (execution of declaration)—
25
 
(a)
in subsection (1) omit from “(not” to the end;
 
 
(b)
after subsection (1) insert—
 
 
“(1ZA)
That period must be—
 
 
(a)
where the expedited procedure is available (see section
 
 
4A ), not less than six weeks from the date on which
30
 
the service of notices required by section 6 is completed;
 
 
(b)
otherwise not less than three months from that date.”
 
 
(4)
After section 4 insert—
 
“4A
Vesting date: expedited procedure
 
 
(1)
The expedited procedure is available in relation to a general vesting
35
 
declaration if—
 
 
(a)
the specified land is unoccupied,
 

Page 137

 
(b)
the acquiring authority considers that, by reason of disrepair,
 
 
neglect, contamination, or risk to health or safety, the specified
 
 
land is unfit for its ordinary use, and
 
 
(c)
Schedule A1 does not apply to the declaration.
 
 
(2)
The expedited procedure is also available in relation to a general
5
 
vesting declaration if the acquiring authority has been unable to
 
 
identify any person with an interest in the specified land.
 
 
(3)
Land is not to be regarded as occupied for the purposes of subsection
 
 
(1) (a) —
 
 
(a)
if it is occupied only by persons who do not have a right to
10
 
occupy it;
 
 
(b)
because of the presence of chattels on the land if the chattels
 
 
appear to the acquiring authority to be of no significant value.
 
 
(4)
The ordinary use of land is to be taken for the purposes of subsection
 
 
(1) (b) to be—
15
 
(a)
so far as the land comprises buildings or other features
 
 
designed or adapted for a particular use, that use, and
 
 
(b)
so far as the land does not comprise such buildings or features,
 
 
its most recent lawful use.
 
 
(5)
If the specified land includes one or more dwellings, the acquiring
20
 
authority may decide that it is unfit for its ordinary use only if it
 
 
considers that the dwelling, or each of those dwellings, is unfit for
 
 
human habitation within the meaning of the Landlord and Tenant Act
 
 
1985 (see section 10 of that Act).
 
 
(6)
In this section—
25
 
“dwelling” means a building or part of a building designed or
 
 
adapted for occupation as a separate dwelling;
 
 
“the specified land” means the land specified in the general
 
 
vesting declaration.
 
4B
Expedited procedure: process
30
 
(1)
This section applies where the acquiring authority has executed a
 
 
general vesting declaration under the expedited procedure.
 
 
(2)
A person may, at any time before the end of the period of four weeks
 
 
beginning with the date on which the general vesting declaration is
 
 
executed, make representations to the acquiring authority that the
35
 
expedited procedure is not available in relation to the declaration.
 
 
(3)
The representations need not be in writing.
 
 
(4)
The acquiring authority must provide a written response to the
 
 
representations before the end of the period of seven days beginning
 
 
with the day on which it received them.
40

Page 138

 
(5)
If, at any time between the execution of the general vesting declaration
 
 
and the vesting date, the acquiring authority becomes aware of a
 
 
reason why the expedited procedure is not available (whether as a
 
 
result of representations or otherwise), the authority must amend the
 
 
general vesting declaration so that the period specified in it complies
5
 
with section 4 (1ZA) (b) (period of at least three months from service
 
 
of notices).
 
 
(6)
If the acquiring authority amends the general vesting declaration under
 
 
subsection (5) , it must serve notice of the amendment on—
 
 
(a)
every person who has made representations under subsection
10
 
(2) , and
 
 
(b)
every person who was served a notice about the declaration
 
 
under section 6.”
 
 
(5)
In section 6 (notices after execution of declaration), after subsection (1) insert—
 
 
“(1A)
In a case where the period specified in the declaration under section
15
 
4(1) is less than three months, the notice must also state—
 
 
(a)
that the acquiring authority considers that the expedited
 
 
procedure is available under section 4A (1) or (2) (as the case
 
 
may be);
 
 
(b)
the vesting date;
20
 
(c)
that any person who disagrees that the expedited procedure
 
 
is available may make representations to the acquiring authority
 
 
under section 4B (2) ;
 
 
(d)
that if, before the vesting date, the acquiring authority no longer
 
 
considers that the expedited procedure is available, the
25
 
authority will amend the general vesting declaration so that
 
 
the period specified in it complies with section 4 (1ZA) (b)
 
 
(period of at least three months from service of notices).”
 
101
General vesting declarations: advancement of vesting by agreement
 
 
(1)
The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as set
30
 
out in subsections (2) to (6) .
 
 
(2)
After section 8A insert—
 
“8B
Advancement of vesting by agreement
 
 
(1)
The acquiring authority may agree in writing with the owner of any
 
 
interest which is to vest in the authority under section 8 that the
35
 
interest is to vest on a date before the vesting date.
 
 
(2)
The agreed date may not be before the day after the last day on which
 
 
a person may bring proceedings for questioning the compulsory
 
 
purchase order.
 
 
(3)
If an agreement under subsection (1) is in force—
40

Page 139

 
(a)
section 7 (other than section 7(1)(c)) and section 8 operate in
 
 
relation to the interest as if the vesting date were the agreed
 
 
date;
 
 
(b)
an owner of an interest who is a party to the agreement may
 
 
not serve a counter-notice under paragraph 2 of Schedule A1
5
 
(counter-notice requiring purchase of additional land).
 
 
(4)
But if the interest subject to the agreement does not entitle the owner
 
 
to possession of the land concerned, subsection (3)(a) does not advance
 
 
the date on which the right to enter on and take possession of the
 
 
land arises under section 8.”
10
 
(3)
In section 7(1) (constructive notice to treat), in the words before paragraph
 
 
(a) for “section 8A” substitute “sections 8A and 8B ”.
 
 
(4)
In section 8(1) (vesting, and right to enter and take possession), in the words
 
 
before paragraph (a) after “8A” insert “, 8B ”.
 
 
(5)
In section 10 (acquiring authority’s liability on vesting of the land), for
15
 
subsection (1A) substitute—
 
 
“(1A)
Where by virtue of an agreement under section 8A or 8B different
 
 
interests in the land vest in the acquiring authority on different dates,
 
 
subsection (1) does not give rise to any liability in relation to an interest
 
 
until that interest becomes vested.”
20
 
(6)
In Schedule A1 (counter-notice requiring purchase of additional land), in
 
 
paragraph 2, at the end insert “(but this is subject to section 8B (3) (b) ).”
 
 
(7)
In section 5A of the Land Compensation Act 1961 (relevant valuation date),
 
 
in subsection (4A), in the words before paragraph (a)—
 
 
(a)
after “8A” insert “or 8B ”;
25
 
(b)
after “postponement” insert “or advancement”.
 
102
Adjustment of basic and occupier’s loss payments
 
 
(1)
Part 3 of the Land Compensation Act 1973 (provisions for benefit of persons
 
 
displaced from land) is amended as set out in subsections (2) to (4) .
 
 
(2)
In section 33A (basic loss payment)—
30
 
(a)
after subsection (1) insert—
 
 
“(1A)
In a case where the qualifying interest is in land in England,
 
 
a person to whom this section applies is entitled to payment
 
 
of whichever is the lower of the following amounts—
 
 
(a)
2.5% of the value of the interest;
35
 
(b)
£25,000.”;
 
 
(b)
in subsection (2) , at the beginning insert “In a case where the qualifying
 
 
interest is in land in Wales,”.
 
 
(3)
In section 33B (occupier’s loss payment: agricultural land)—
 

Page 140

 
(a)
after subsection (1) insert—
 
 
“(1A)
In a case where the qualifying interest is in land in England,
 
 
a person to whom this section applies is entitled to a payment
 
 
of whichever is the greatest of the following amounts—
 
 
(a)
7.5% of the value of the interest;
5
 
(b)
the land amount;
 
 
(c)
the buildings amount.
 
 
(1B)
But the maximum amount which may be paid to a person
 
 
under subsection (1A) in respect of an interest in land is
 
 
£75,000.”;
10
 
(b)
in subsection (2) , at the beginning insert “In a case where the qualifying
 
 
interest is in land in Wales,”;
 
 
(c)
in subsection (3) , for “this section” substitute “subsection (2)”;
 
 
(d)
after subsection (7) , insert—
 
 
“(7A)
In the case of land in England, the land amount is the greater
15
 
of £900 and the amount found in accordance with the following
 
 
Table—
 
 
Area of the land
 
 
Amount per hectare
 
 
Not exceeding 100
 
 
£300 per hectare or part of a hectare
 
 
hectares
20
 
Exceeding 100 hectares
 
 
(a)
£300 per hectare for the first
 
 
100 hectares;
 
 
(b)
£150 per hectare for the next
 
 
300 hectares or part of a
 
 
hectare.”;
25
 
(e)
in subsection (8) , at the beginning insert “In the case of land in Wales,”;
 
 
(f)
after subsection (8) , insert—
 
 
“(8A)
In the case of land in England, the buildings amount is £75 per
 
 
square metre (or part of a square metre) of the gross floor space
 
 
of any buildings on the land.”;
30
 
(g)
in subsection (9) , at the beginning insert “In the case of land in Wales”.
 
 
(4)
In section 33C (occupier’s loss payment: other land)—
 
 
(a)
after subsection (1) insert—
 
 
“(1A)
In a case where the qualifying interest is in land in England,
 
 
a person to whom this section applies is entitled to a payment
35
 
of whichever is the greatest of the following amounts—
 
 
(a)
7.5% of the value of the interest;
 
 
(b)
the land amount;
 
 
(c)
the buildings amount.
 

Page 141

 
(1B)
But the maximum amount which may be paid to a person
 
 
under subsection (1A) in respect of an interest in land is
 
 
£75,000.”;
 
 
(b)
in subsection (2) , at the beginning insert “In a case where the qualifying
 
 
interest is in land in Wales,”;
5
 
(c)
in subsection (3) , for “this section” substitute “subsection (2)”;
 
 
(d)
after subsection (7) , insert—
 
 
“(7A)
In the case of land in England, the land amount is the greater
 
 
of—
 
 
(a)
£7,500;
10
 
(b)
£7.50 per square metre (or part of a square metre) of
 
 
the area of the land.
 
 
(7B)
But if only part of land in which a person has an interest is
 
 
acquired, for the figure specified in subsection (7A) (a) there is
 
 
substituted £900.”;
15
 
(e)
in subsection (8) , at the beginning insert “In the case of land in Wales,”;
 
 
(f)
after subsection (9) , insert—
 
 
“(9A)
In the case of land in England, the buildings amount is £75 per
 
 
square metre (or part of a square metre) of the gross internal
 
 
floor space of any buildings on the land.”;
20
 
(g)
in subsection (10) —
 
 
(i)
at the beginning insert “In the case of land in Wales,”;
 
 
(ii)
after “gross” insert “internal”;
 
 
(h)
omit subsection (11) .
 
 
(5)
The amendments made by subsections (2) to (4) do not apply in relation to
25
 
a compulsory acquisition where any notice of the compulsory acquisition was
 
 
given before this section came into force.
 
 
(6)
For the purposes of subsection (5) , notice of a compulsory acquisition is
 
 
given—
 
 
(a)
in the case of a compulsory acquisition which is to be authorised by
30
 
a compulsory purchase order to which the Acquisition of Land Act
 
 
1981 applies—
 
 
(i)
on the date of publication of the notice required by section 11
 
 
of, or (as the case may be) paragraph 2 of Schedule 1 to, that
 
 
Act, in accordance with that Act , or
35
 
(ii)
on the date of service of the notice required by section 12 of,
 
 
or (as the case may be) paragraph 3 of Schedule 1 to, that Act
 
 
, in accordance with that Act ;
 
 
(b)
in the case of a compulsory acquisition which is to be authorised by
 
 
any other order, on the date of publication or service of any notice
40
 
that any provision of or made under any Act requires to be published
 
 
or served in connection with that acquisition, in accordance with that
 
 
Act ;
 

Page 142

 
(c)
in the case of a compulsory acquisition which is deemed to be
 
 
authorised following service of a notice by the owner requiring the
 
 
purchase of their interest, on the date on which that notice is served;
 
 
(d)
in the case of a compulsory acquisition which is to be authorised by
 
 
a special enactment, on the date of publication or service of a notice
5
 
that, in connection with that acquisition, is published or served in
 
 
accordance with any Standing Order of either House of Parliament
 
 
relating to private business.
 
 
(7)
In this section , “special enactment” means—
 
 
(a)
a local or private Act which authorises the compulsory acquisition of
10
 
land specifically identified in that Act , or
 
 
(b)
a provision which—
 
 
(i)
is contained in an Act other than a local or private Act, and
 
 
(ii)
authorises the compulsory acquisition of land specifically
 
 
identified in that Act .
15
103
Home loss payments: exclusions
 
 
(1)
Part 3 of the Land Compensation Act 1973 (provisions for benefit of persons
 
 
displaced from land) is amended as set out in subsections (2) to (5) .
 
 
(2)
In section 29(1) (right to home loss payment where person displaced from
 
 
dwelling), in the words after paragraph (f), for “section 32” substitute “sections
20
 
32 and 32A”.
 
 
(3)
After section 32 insert—
 
“32A
Home loss payments: exclusions
 
 
(1)
This section applies to a person if—
 
 
(a)
the person is displaced from a dwelling on land as mentioned
25
 
in section 29(1)(a) (displacement in consequence of a
 
 
compulsory acquisition),
 
 
(b)
a notice falling within subsection (4) has been served on the
 
 
person in relation to the land,
 
 
(c)
at the relevant time the notice has effect or is operative, and
30
 
(d)
the person has failed to comply with any requirement of the
 
 
notice.
 
 
(2)
This section also applies to a person if—
 
 
(a)
the person is displaced from a dwelling on land as mentioned
 
 
in section 29(1)(a) (displacement in consequence of a
35
 
compulsory acquisition),
 
 
(b)
a copy of an order falling within subsection (5) has been served
 
 
on the person in relation to the land, and
 
 
(c)
the order has not been quashed on appeal.
 
 
(3)
No payment may be made under section 29 to a person to whom this
40
 
section applies.
 

Page 143

 
(4)
These are the notices—
 
 
(a)
a notice under section 215 of the Town and Country Planning
 
 
Act 1990 (power to require proper maintenance of land);
 
 
(b)
a notice under section 11 of the Housing Act 2004
 
 
(improvement notice relating to category 1 hazard);
5
 
(c)
a notice under section 12 of that Act (improvement notice
 
 
relating to category 2 hazard);
 
 
(d)
a notice under section 48 of the Planning (Listed Buildings and
 
 
Conservation Areas) Act 1990 or section 138 of the Historic
 
 
Environment (Wales) Act 2023 (asc 3) (repairs notice prior to
10
 
notice of compulsory acquisition of listed building).
 
 
(5)
These are the orders—
 
 
(a)
an order under section 20 of the Housing Act 2004 (prohibition
 
 
order relating to category 1 hazard);
 
 
(b)
an order under section 21 of that Act (prohibition order relating
15
 
to category 2 hazard);
 
 
(c)
an order under section 43 of that Act (emergency prohibition
 
 
orders);
 
 
(d)
an order under section 265 of the Housing Act 1985 (demolition
 
 
order relating to category 1 or 2 hazard).
20
 
(6)
For the purposes of subsection (1) (c) , the relevant time is the date on
 
 
which any of the following occurs—
 
 
(a)
in the case of a compulsory acquisition which is to be
 
 
authorised by a compulsory purchase order to which the
 
 
Acquisition of Land Act 1981 applies—
25
 
(i)
the compulsory purchase order is confirmed, other than
 
 
conditionally, under section 13 or 13A of the Acquisition
 
 
of Land Act 1981;
 
 
(ii)
the compulsory purchase order is made, other than
 
 
conditionally, under paragraph 4 or 4A of Schedule 1
30
 
to that Act;
 
 
(iii)
a decision is made under section 13BA(2)(a) of that Act
 
 
(decision that conditions subject to which order was
 
 
confirmed have been met);
 
 
(iv)
a decision is made under paragraph 4AA(2)(a) of
35
 
Schedule 1 to that Act (decision that conditions subject
 
 
to which order was made have been met);
 
 
(b)
in the case of a compulsory acquisition which is to be
 
 
authorised by any other order, the order is made or confirmed
 
 
in accordance with the procedures which apply by virtue of
40
 
the Act under which it is made;
 
 
(c)
in the case of a compulsory acquisition which does not fall
 
 
within paragraph (a) or (b) and which is deemed to be
 
 
authorised following service of a notice by the owner requiring
 

Page 144

 
the purchase of their interest, a notice to treat is deemed to
 
 
have been served;
 
 
(d)
in the case of a compulsory acquisition which does not fall
 
 
within paragraph (a) , (b) or (c) and which is to be authorised
 
 
by a special enactment, the enactment is passed.
5
 
(7)
In subsection (6) , references to a compulsory acquisition are to the
 
 
compulsory acquisition in consequence of which the person is
 
 
displaced.
 
 
(8)
The appropriate national authority may by regulations amend
 
 
subsections (4) and (5) .
10
 
(9)
In this section—
 
 
“appropriate national authority” means—
 
 
(a)
the Secretary of State, in relation to England;
 
 
(b)
the Welsh Ministers, in relation to Wales;
 
 
“special enactment” means—
15
 
(a)
a local or private Act which authorises the compulsory
 
 
acquisition of land specifically identified in that Act , or
 
 
(b)
a provision which—
 
 
(i)
is contained in an Act other than a local or
 
 
private Act, and
20
 
(ii)
authorises the compulsory acquisition of land
 
 
specifically identified in that Act .
 
 
(10)
The power to make regulations under subsection (8) must be exercised
 
 
by statutory instrument subject to annulment in pursuance of a
 
 
resolution of—
25
 
(a)
either House of Parliament, in the case of regulations made by
 
 
the Secretary of State;
 
 
(b)
Senedd Cymru, in the case of regulations made by the Welsh
 
 
Ministers.”
 
 
(4)
In section 33 (home loss payments for certain caravan dwellers)—
30
 
(a)
in subsection (1), for “32” substitute “32A”;
 
 
(b)
in subsection (6), for “32” substitute “32A”.
 
 
(5)
In section 33D (loss payments: exclusions), for subsection (6) substitute—
 
 
“(6)
For the purposes of subsection (1) (c) , the relevant time is the date on
 
 
which any of the following occurs—
35
 
(a)
in the case of a compulsory acquisition which is to be
 
 
authorised by a compulsory purchase order to which the
 
 
Acquisition of Land Act 1981 applies—
 
 
(i)
the compulsory purchase order is confirmed, other than
 
 
conditionally, under section 13 or 13A of the Acquisition
40
 
of Land Act 1981;
 

Page 145

 
(ii)
the compulsory purchase order is made, other than
 
 
conditionally, under paragraph 4 or 4A of Schedule 1
 
 
to that Act;
 
 
(iii)
a decision is made under section 13BA(2)(a) of that Act
 
 
(decision that conditions subject to which order was
5
 
confirmed have been met);
 
 
(iv)
a decision is made under paragraph 4AA(2)(a) of
 
 
Schedule 1 to that Act (decision that conditions subject
 
 
to which order was made have been met);
 
 
(b)
in the case of a compulsory acquisition which is to be
10
 
authorised by any other order, the order is made or confirmed
 
 
in accordance with the procedures which apply by virtue of
 
 
the Act under which it is made;
 
 
(c)
in the case of a compulsory acquisition which does not fall
 
 
within paragraph (a) or (b) and which is deemed to be
15
 
authorised following service of a notice by the owner requiring
 
 
the purchase of their interest, a notice to treat is deemed to
 
 
have been served;
 
 
(d)
in the case of a compulsory acquisition which does not fall
 
 
within paragraph (a) , (b) or (c) and which is to be authorised
20
 
by a special enactment, the enactment is passed.
 
 
(6A)
In subsection (6)—
 
 
“special enactment” means—
 
 
(a)
a local or private Act which authorises the compulsory
 
 
acquisition of land specifically identified in that Act , or
25
 
(b)
a provision which—
 
 
(i)
is contained in an Act other than a local or
 
 
private Act, and
 
 
(ii)
authorises the compulsory acquisition of land
 
 
specifically identified in that Act;
30
 
references to a compulsory acquisition are to the compulsory
 
 
acquisition of the person’s interest in land.”
 
 
(6)
The amendments made by subsections (2) to (5) do not apply in relation to
 
 
a compulsory acquisition where any notice of the compulsory acquisition was
 
 
given before this section came into force.
35
 
(7)
For the purposes of subsection (6) , notice of a compulsory acquisition is
 
 
given—
 
 
(a)
in the case of a compulsory acquisition which is to be authorised by
 
 
a compulsory purchase order to which the Acquisition of Land Act
 
 
1981 applies—
40
 
(i)
on the date of publication of the notice required by section 11
 
 
of, or (as the case may be) paragraph 2 of Schedule 1 to, that
 
 
Act, in accordance with that Act , or
 

Page 146

 
(ii)
on the date of service of the notice required by section 12 of,
 
 
or (as the case may be) paragraph 3 of Schedule 1 to, that Act
 
 
, in accordance with that Act ;
 
 
(b)
in the case of a compulsory acquisition which is to be authorised by
 
 
any other order, on the date of publication or service of any notice
5
 
that any provision of or made under any Act requires to be published
 
 
or served in connection with that acquisition, in accordance with that
 
 
Act ;
 
 
(c)
in the case of a compulsory acquisition which is deemed to be
 
 
authorised following service of a notice by the owner requiring the
10
 
purchase of their interest, on the date on which that notice is served;
 
 
(d)
in the case of a compulsory acquisition which is to be authorised by
 
 
a special enactment, on the date of publication or service of a notice
 
 
that, in connection with that acquisition, is published or served in
 
 
accordance with any Standing Order of either House of Parliament
15
 
relating to private business.
 
 
(8)
In this section, “special enactment” means—
 
 
(a)
a local or private Act which authorises the compulsory acquisition of
 
 
land specifically identified in that Act , or
 
 
(b)
a provision which—
20
 
(i)
is contained in an Act other than a local or private Act, and
 
 
(ii)
authorises the compulsory acquisition of land specifically
 
 
identified in that Act .
 
104
Temporary possession of land in connection with compulsory purchase
 
 
In section 18 of the Neighbourhood Planning Act 2017 (power to take
25
 
temporary possession of land), for subsection (3) substitute—
 
 
“(3)
Subject to—
 
 
(a)
any express provision in another Act;
 
 
(b)
any provision in an order granting development consent made
 
 
under section 114 of the Planning Act 2008 ;
30
 
(c)
any provision in an order made under section 1 or 3 of the
 
 
Transport and Works Act 1992 ;
 
 
(d)
any provision in an order granting infrastructure consent made
 
 
under section 60 of the Infrastructure (Wales) Act 2024 (asc 3);
 
 
the power in subsection (2) is the only power under which a person
35
 
may take temporary possession of land compulsorily.”
 
105
Amendments relating to
 
 
(1)
The Acquisition of Land Act 1981 is amended as set out in subsections (2) to
 
 
(4) .
 
 
(2)
In section 14A (confirmation by acquiring authority), omit subsection (2A)
40
 
(power for acquiring authority to confirm order not applicable where
 

Page 147

 
compensation is assessed in accordance with section 14A of Land
 
 
Compensation Act 1961).
 
 
(3)
In Schedule 2A (enactments eligible for directions applying section 14A of
 
 
the Land Compensation Act 1961), before paragraph 1 insert—
 
 
“A1
Section 125 of the Local Government Act 1972 (compulsory
5
 
acquisition of land on behalf of parish or community councils).”
 
 
(4)
In section 15A (directions applying section 14A of the Land Compensation
 
 
Act 1961)—
 
 
(a)
in subsection (5), after “paragraphs” insert “A1 or”;
 
 
(b)
in subsection (8)(b), after “paragraphs” insert “A1 or”.
10
 
(5)
The Land Compensation Act 1973 is amended as set out in subsections (6) to
 
 
(9) .
 
 
(6)
In section 30 (amount of home loss payment in England and Wales), in
 
 
subsection (3)(a), at the end (but before the “and”) insert “(and in a case where
 
 
the compulsory purchase order authorising the acquisition directs that
15
 
compensation is to be assessed in accordance with section 14A of the Land
 
 
Compensation Act 1961 (cases where prospect of planning permission to be
 
 
ignored), the market value is the value assessed in accordance with that
 
 
section)”.
 
 
(7)
In section 33A (basic loss payment), in subsection (6), after “acquisition” insert
20
 
“(including in accordance with section 14A of the Land Compensation Act
 
 
1961 (cases where prospect of planning permission to be ignored))”.
 
 
(8)
In section 33B (occupier’s loss payment: agricultural land), in subsection (5),
 
 
after “acquisition” insert “(including in accordance with section 14A of the
 
 
Land Compensation Act 1961 (cases where prospect of planning permission
25
 
to be ignored))”.
 
 
(9)
In section 33C (occupier’s loss payment: other land), in subsection (5), after
 
 
“acquisition” insert “(including in accordance with section 14A of the Land
 
 
Compensation Act 1961 (cases where prospect of planning permission to be
 
 
ignored))”.
30
106
New powers to appoint an inspector
 
 
(1)
In Part 1 of Schedule 4 to the New Towns Act 1981 (procedure for authorising
 
 
compulsory acquisitions by development corporations and local highway
 
 
authorities), after paragraph 4 insert—
 
 
“4A
(1)
The confirming authority may appoint a person (“an inspector”) to
35
 
act instead of it in relation to the confirmation of a compulsory
 
 
purchase order under this Schedule.
 
 
(2)
An inspector may be appointed to act in relation to—
 
 
(a)
a specific compulsory purchase order, or
 
 
(b)
a description of compulsory purchase orders.
40

Page 148

 
(3)
An inspector has the same functions as the confirming authority
 
 
under paragraphs 2(1)(b), 3, 4, 5A, 7 and 8.
 
 
(4)
Where an inspector is appointed in relation to a compulsory
 
 
purchase order, the confirming authority must inform—
 
 
(a)
every person who has made a relevant objection that has
5
 
not been withdrawn, and
 
 
(b)
the acquiring authority.
 
 
(5)
Where an inspector decides whether or not to confirm the whole
 
 
or part of a compulsory purchase order, the inspector’s decision is
 
 
to be treated as that of the confirming authority.
10
 
(6)
The confirming authority may at any time—
 
 
(a)
revoke its appointment of an inspector, and
 
 
(b)
appoint another inspector.
 
 
(7)
If the confirming authority revokes its appointment of an inspector
 
 
while the inspector is acting in relation to a compulsory purchase
15
 
order and does not replace the inspector, the confirming authority
 
 
must give the reasons for doing so—
 
 
(a)
to the inspector whose appointment has been revoked, and
 
 
(b)
to all those informed under sub-paragraph (4).
 
 
(8)
Where in any enactment there is a provision that applies in relation
20
 
to a confirming authority acting in relation to the confirmation of
 
 
a compulsory purchase order under this Schedule, that provision
 
 
is to be read as applying equally in relation to an inspector so far
 
 
as the context permits.
 
 
(9)
In this paragraph—
25
 
“confirming authority” means—
 
 
(a)
in a case where the compulsory purchase order relates
 
 
to land in England, the Secretary of State, and
 
 
(b)
in a case where the compulsory purchase order relates
 
 
to land in Wales, the Welsh Ministers (see article 2
30
 
of, and Schedule 1 to, the National Assembly for
 
 
Wales (Transfer of Functions) Order 1999 (S.I.
 
 
1999/672) and paragraph 30 of Schedule 11 to the
 
 
Government of Wales Act 2006);
 
 
“relevant objection” means an objection that is treated as duly
35
 
made for the purposes of this Schedule (see paragraph 4(1)).”
 
 
(2)
Schedule 2A to the Land Compensation Act 1961 (additional compensation
 
 
where section 14A applied) is amended as follows.
 

Page 149

 
(3)
After paragraph 1 insert—
 
 
“Power to appoint inspector
 
 
1A
(1)
A confirming authority may appoint a person (“an inspector”) to
 
 
exercise the functions of the confirming authority in relation to an
 
 
application made to it under paragraph 1(2).
5
 
(2)
Where a confirming authority appoints an inspector under
 
 
sub-paragraph (1), the confirming authority must inform—
 
 
(a)
the acquiring authority, and
 
 
(b)
the person who made the application.
 
 
(3)
A decision by an inspector as to whether the conditions in paragraph
10
 
1(3) are met is to be treated as a decision by the confirming
 
 
authority.
 
 
(4)
A direction under paragraph 1(2) made by an inspector is to be
 
 
treated as a direction of the confirming authority.
 
 
(5)
The confirming authority may at any time—
15
 
(a)
revoke its appointment of an inspector, and
 
 
(b)
appoint another inspector.
 
 
(6)
If the confirming authority revokes its appointment of an inspector
 
 
while the inspector is exercising functions in relation to an
 
 
application made under paragraph 1(2) and does not replace the
20
 
inspector, the confirming authority must give the reasons for doing
 
 
so—
 
 
(a)
to the inspector whose appointment has been revoked, and
 
 
(b)
to all those informed under sub-paragraph (2) .
 
 
(7)
Where in any enactment there is a provision that applies in relation
25
 
to a confirming authority exercising functions in relation to an
 
 
application under paragraph 1(2), that provision is to be read as
 
 
applying equally in relation to an inspector so far as the context
 
 
permits.”
 
 
(4)
In paragraph 7(1)(b) (regulations about procedure), after “confirming authority”
30
 
insert “or an inspector”.
 

Part 6

 

Miscellaneous and general provision

 
107
Reporting on extra-territorial environmental outcomes
 
 
In Part 6 of the Levelling-up and Regeneration Act 2023 (environmental
35
 
outcome reports), in section 152(1) (power to specify environmental outcomes),
 
 
for “a relevant offshore area” substitute “elsewhere”.
 

Page 150

108
The Crown
 
 
The amendments made by this Act bind the Crown to the extent that the
 
 
provisions amended bind the Crown.
 
109
Extent
 
 
(1)
Subject to subsection (2) , an amendment, repeal or revocation made by this
5
 
Act has the same extent as the provision amended, repealed or revoked.
 
 
(2)
Paragraphs 37 and 41 of Schedule 6 extend to England and Wales only.
 
 
(3)
A provision of this Act, other than an amendment, repeal or revocation,
 
 
extends to England and Wales only, subject to subsections (4) to (6) .
 
 
(4)
The following provisions extend to England and Wales and Scotland—
10
 
(a)
sections 13 to 16 ;
 
 
(b)
section 18 (6) ;
 
 
(c)
section 20 (7) ;
 
 
(d)
section 45 ;
 
 
(e)
section 46 (6) and (7) .
15
 
(5)
The following provisions extend to Scotland only—
 
 
(a)
section 24 ;
 
 
(b)
section 44 .
 
 
(6)
Section 108 , this section and sections 110 and 111 extend to England and
 
 
Wales, Scotland and Northern Ireland.
20
110
Commencement and transitional provision
 
 
(1)
In Part 1—
 
 
(a)
sections 1 to 8 come into force on such day as the Secretary of State
 
 
may by regulations appoint;
 
 
(b)
section 9 comes into force at the end of the period of two months
25
 
beginning with the day on which this Act is passed;
 
 
(c)
sections 10 to 12 come into force on such day as the Secretary of State
 
 
may by regulations appoint;
 
 
(d)
sections 13 to 17 come into force on the day on which this Act is
 
 
passed;
30
 
(e)
in section 18 —
 
 
(i)
subsections (1) and (2) , subsection (4) so far as it confers powers
 
 
to make regulations, and subsections (5) and (6) come into
 
 
force on the day on which this Act is passed;
 
 
(ii)
subsection (3) , and subsection (4) for remaining purposes, come
35
 
into force at the end of the period of two months beginning
 
 
with the day on which this Act is passed;
 
 
(f)
section 19 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed, except that it
 

Page 151

 
comes into force on the day on which this Act is passed so far as it
 
 
confers power to make regulations;
 
 
(g)
section 20 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed;
 
 
(h)
sections 21 and 22 come into force on the day on which this Act is
5
 
passed;
 
 
(i)
section 23 and Schedule 1 come into force at the end of the period of
 
 
two months beginning with the day on which this Act is passed, except
 
 
that paragraph 7 of Schedule 1 comes into force on such day as the
 
 
Secretary of State may by regulations appoint;
10
 
(j)
section 24 comes into force on the day on which this Act is passed;
 
 
(k)
section 25 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed;
 
 
(l)
section 26 comes into force on the day on which this Act is passed;
 
 
(m)
section 27 comes into force at the end of the period of two months
15
 
beginning with the day on which this Act is passed;
 
 
(n)
section 28 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed, except that it
 
 
comes into force on the day on which this Act is passed so far as it
 
 
confers power to make regulations;
20
 
(o)
sections 29 and 30 come into force at the end of the period of two
 
 
months beginning with the day on which this Act is passed;
 
 
(p)
section 31 comes into force on such day as the Secretary of State may
 
 
by regulations appoint;
 
 
(q)
sections 32 and 33 come into force at the end of the period of two
25
 
months beginning with the day on which this Act is passed;
 
 
(r)
section 34 comes into force on such day as the Secretary of State may
 
 
by regulations appoint;
 
 
(s)
sections 35 to 37 come into force at the end of the period of two
 
 
months beginning with the day on which this Act is passed;
30
 
(t)
in section 38 —
 
 
(i)
subsections (1) and (2) come into force at the end of the period
 
 
of two months beginning with the day on which this Act is
 
 
passed;
 
 
(ii)
subsection (3) comes into force on such day as the Secretary
35
 
of State may by regulations appoint;
 
 
(u)
sections 39 to 43 and Schedule 2 come into force at the end of the
 
 
period of two months beginning with the day on which this Act is
 
 
passed;
 
 
(v)
section 44 comes into force on the day on which this Act is passed;
40
 
(w)
section 45 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed;
 
 
(x)
in section 46 —
 

Page 152

 
(i)
subsections (1) and (3) to (7) come into force at the end of the
 
 
period of two months beginning on the day on which this Act
 
 
is passed;
 
 
(ii)
subsection (2) comes into force on such day as the Secretary
 
 
of State may by regulations appoint;
5
 
(y)
section 47 comes into force on such day as the Secretary of State may
 
 
by regulations appoint.
 
 
(2)
In Part 2—
 
 
(a)
section 48 comes into force on such day as the Secretary of State may
 
 
by regulations appoint, except that it comes into force on the day on
10
 
which this Act is passed so far as it confers power to make regulations;
 
 
(b)
sections 49 and 50 come into force at the end of the period of two
 
 
months beginning with the day on which this Act is passed;
 
 
(c)
in section 51 —
 
 
(i)
subsection (1) comes into force at the end of the period of two
15
 
months beginning with the day on which this Act is passed;
 
 
(ii)
subsection (2) comes into force on such day as the Secretary
 
 
of State may by regulations appoint;
 
 
(d)
section 52 (1) , (2) and (3) and Schedule 3 come into force on such day
 
 
as the Secretary of State may by regulations appoint, except that section
20
 
52 (1) comes into force on the day on which this Act is passed so far
 
 
as it confers power to make regulations;
 
 
(e)
section 52 (4) to (8) come into force at the end of the period of two
 
 
months beginning with the day on which this Act is passed.
 
 
(3)
Part 3 (including Schedules 4 , 5 and 6 ) comes into force on such day as the
25
 
Secretary of State may by regulations appoint.
 
 
(4)
Part 4 comes into force on such day as the Secretary of State may by
 
 
regulations appoint.
 
 
(5)
In Part 5—
 
 
(a)
section 97 comes into force at the end of the period of two months
30
 
beginning with the day on which this Act is passed;
 
 
(b)
section 98 comes into force on such day as the Secretary of State may
 
 
by regulations appoint;
 
 
(c)
section 99 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed;
35
 
(d)
sections 100 and 101 come into force on such day as the Secretary of
 
 
State may by regulations appoint;
 
 
(e)
sections 102 and 103 come into force at the end of the period of two
 
 
months beginning with the day on which this Act is passed;
 
 
(f)
section 104 comes into force at the same time as section 18 of the
40
 
Neighbourhood Planning Act 2017;
 
 
(g)
in section 105 —
 

Page 153

 
(i)
subsections (1) , (2) and (5) to (9) come into force at the end of
 
 
the period of two months beginning with the day on which
 
 
this Act is passed;
 
 
(ii)
subsections (3) and (4) come into force on such day as the
 
 
Secretary of State may by regulations appoint;
5
 
(h)
section 106 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed.
 
 
(6)
In this Part—
 
 
(a)
section 107 comes into force at the end of the period of two months
 
 
beginning with the day on which this Act is passed;
10
 
(b)
sections 108 to 111 come into force on the day on which this Act is
 
 
passed.
 
 
(7)
The Secretary of State may by regulations make transitional, transitory or
 
 
saving provision in connection with the coming into force of any provision
 
 
of this Act.
15
 
(8)
Regulations under this section —
 
 
(a)
are to be made by statutory instrument;
 
 
(b)
may make different provision for different purposes or different areas.
 
111
Short title
 
 
This Act may be cited as the Planning and Infrastructure Act 2025.
20

Page 154

Schedules

 
 
Schedule 1
Section 23
 

Minor and consequential amendments to the

 
 
1
Part 1 of the Electricity Act 1989 (electricity supply) is amended as follows.
 
 
2
(1)
Section 36 (consent required for construction etc of generating stations) is
5
 
amended as follows.
 
 
(2)
In subsection (3), for “Secretary of State” substitute “appropriate authority”.
 
 
(3)
In subsection (5A)—
 
 
(a)
for “the Water Environment (Controlled Activities) (Scotland)
 
 
Regulations 2005” substitute “the Water Environment (Controlled
10
 
Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)”;
 
 
(b)
for “Secretary of State” substitute “Scottish Ministers”.
 
 
(4)
After subsection (5A) insert—
 
 
“(5AA)
If regulations under paragraph 7B of Schedule 8 specify a time
 
 
by which the Scottish Environment Protection Agency must give
15
 
advice under subsection (5A), the duty on the Scottish Ministers
 
 
to have regard to the advice does not apply in relation to any
 
 
advice given after the time specified.”
 
 
(5)
In subsection (5B), for “the Water Environment (Controlled Activities)
 
 
(Scotland) Regulations 2005” substitute “the Water Environment (Controlled
20
 
Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)”.
 
 
3
(1)
Section 36B (duties in relation to navigation) is amended as follows.
 
 
(2)
In subsection (4)(b)—
 
 
(a)
for “Secretary of State” substitute “appropriate authority”;
 
 
(b)
for “his” substitute “its”.
25
 
(3)
In subsection (7), before the definition of “consent” insert—
 
 
““appropriate authority” has the same meaning as in section 36;”.
 
 
4
In section 36C , for the heading substitute “Application for variation of
 
 
section 36 consent”.
 
 
5
(1)
Section 37 (consent required for overhead lines) is amended as follows.
30
 
(2)
In subsection (1) , for “Secretary of State” substitute “appropriate authority”.
 
 
(3)
In subsection (3)—
 
 
(a)
in paragraph (a), for “Secretary of State” substitute “appropriate
 
 
authority”;
 
 
(b)
in paragraph (b), at the beginning insert “in the case of a consent
35
 
granted by the Secretary of State,”;
 

Page 155

 
(c)
after paragraph (b) (but before the “and”) insert—
 
 
“(ba)
in the case of a consent granted by the Scottish
 
 
Ministers, may be revoked by the Scottish Ministers
 
 
at any time after the end of such period as may be
 
 
specified in the consent (see sections 37A to 37C as
5
 
regards the variation of consents granted by the
 
 
Scottish Ministers);”;
 
 
(d)
in paragraph (c), for “paragraph (b)” substitute “paragraphs (b) and
 
 
(ba)”.
 
 
(4)
At the end insert—
10
 
“(6)
In this section “appropriate authority” means—
 
 
(a)
the Scottish Ministers, in relation to an electric line installed
 
 
above land in Scotland;
 
 
(b)
the Secretary of State in all other cases.”
 
 
6
Schedule 8 to the Electricity Act 1989 (consents of the Secretary of State
15
 
and the Scottish Ministers under sections 36 and 37) is amended as follows.
 
 
7
In paragraph 1 (applications for consent)—
 
 
(a)
in sub-paragraph (1) , after “An application” insert “that is made to
 
 
the Secretary of State”;
 
 
(b)
in sub-paragraph (2), after “application” insert “that is made to the
20
 
Secretary of State”;
 
 
(c)
in sub-paragraph (3) , after “applications” insert “that are made to
 
 
the Secretary of State”;
 
 
(d)
in the heading, after “Applications” insert “made to the Secretary
 
 
of State”.
25
 
8
(1)
Paragraph 3 (objections by other persons) is amended as follows.
 
 
(2)
In sub-paragraph (1) —
 
 
(a)
for “Secretary of State”, in each place it occurs, substitute
 
 
“appropriate authority”;
 
 
(b)
in the words after paragraph (d), for “he” substitute “the appropriate
30
 
authority”.
 
 
(3)
In sub-paragraph (2) —
 
 
(a)
for paragraph (a) (but not including the “but”) substitute—
 
 
“(a)
a public inquiry is not required by virtue of
 
 
paragraph 2(2) or 2A ;”;
35
 
(b)
in paragraph (b) , for “Secretary of State” substitute “appropriate
 
 
authority”;
 
 
(c)
in the words after paragraph (b) —
 
 
(i)
for “Secretary of State” substitute “appropriate authority”;
 
 
(ii)
for “he” substitute “the appropriate authority”.
40
 
9
(1)
Paragraph 4 (public inquiries) is amended as follows.
 

Page 156

 
(2)
In sub-paragraph (1) , in the words before paragraph (a), after “application”
 
 
insert “that is made to the Secretary of State”.
 
 
(3)
After sub-paragraph (3) insert—
 
 
“(3A)
Where in accordance with paragraph 2A or 3(2) a public inquiry
 
 
is to be held in relation to an application that is made to the
5
 
Scottish Ministers for consent under section 36 or 37 of this Act,
 
 
and it appears to the Scottish Ministers that in addition to any
 
 
public notice of such an inquiry any further notification
 
 
concerning the inquiry is necessary or expedient (either by way
 
 
of service of notice upon any person or in any other way), the
10
 
Scottish Ministers may direct the applicant to take such further
 
 
steps for this purpose as may be specified in the direction.”
 
 
(4)
In sub-paragraph (4) —
 
 
(a)
after “2(2)” insert “, 2A ”;
 
 
(b)
for “Secretary of State” insert “appropriate authority”.
15
 
(5)
Omit sub-paragraph (5).
 
 
10
(1)
Paragraph 5 (provisions supplementary to paragraphs 2 to 4) is amended
 
 
as follows.
 
 
(2)
In sub-paragraph (1) —
 
 
(a)
in the words before paragraph (a) , after “2(2)” insert “, 2A ”;
20
 
(b)
in paragraph (a) —
 
 
(i)
for “Secretary of State”, in both place it occurs, substitute
 
 
“appropriate authority”;
 
 
(ii)
for “he” substitute “the appropriate authority”;
 
 
(c)
in paragraph (b) , for “Secretary of State” substitute “appropriate
25
 
authority”;
 
 
(d)
in the words after paragraph (b) , for “Secretary of State” substitute
 
 
“appropriate authority”.
 
 
(3)
In sub-paragraph (2) , for “Secretary of State”, in both places it occurs,
 
 
substitute “appropriate authority”.
30
 
11
(1)
Paragraph 6 (special provision as to consents under section 37) is amended
 
 
as follows.
 
 
(2)
In sub-paragraph (1) —
 
 
(a)
for “Secretary of State”, in each place it occurs, substitute
 
 
“appropriate authority”;
35
 
(b)
in paragraph (a) , for “he”, in both places it occurs, substitute “the
 
 
appropriate authority”;
 
 
(c)
in paragraph (b) , omit “his”, in both places it occurs.
 
 
(3)
In sub-paragraph (2) —
 
 
(a)
in the words before paragraph (a) , for “Secretary of State” substitute
40
 
“appropriate authority”;
 

Page 157

 
(b)
in paragraph (b) for “his opinion” substitute “the opinion of the
 
 
appropriate authority”.
 
 
12
(1)
Paragraph 7A (generating stations not within areas of relevant planning
 
 
authorities) is amended as follows.
 
 
(2)
In sub-paragraph (6)(a), after “2(2)” insert “, 2A ”.
5
 
(3)
In sub-paragraph (7) —
 
 
(a)
for “Secretary of State” substitute “appropriate authority”;
 
 
(b)
after “2(2)” insert “or 2A ”;
 
 
(c)
for “authority” substitute “planning authority”.
 
 
(4)
In sub-paragraph (8) —
10
 
(a)
for “Secretary of State” substitute “appropriate authority”;
 
 
(b)
for “authority” substitute “planning authority”;
 
 
(c)
for “he” substitute “the appropriate authority”.
 
 
(5)
In sub-paragraph (9) , for “Secretary of State” substitute “appropriate
 
 
authority”.
15
 
(6)
In sub-paragraph (10) , for “Secretary of State” substitute “appropriate
 
 
authority”.
 
 
13
In paragraph 8 (supplemental), in paragraph (1), after “Schedule” insert
 
 
“—
 
 
““appropriate authority” means—
20
 
(a)
in the case of an application made to the Secretary of State,
 
 
the Secretary of State;
 
 
(b)
in the case of an application made to the Scottish Ministers,
 
 
the Scottish Ministers;”.
 
Schedule 2
Section 41
25
 
Section 41 : consequential amendments
 

Ancient Monuments and Archaeological Areas Act 1979

 
 
1
(1)
The Ancient Monuments and Archaeological Areas Act 1979 is amended
 
 
as follows.
 
 
(2)
In section 2 (control of works affecting scheduled monuments)—
30
 
(a)
in subsection (1), omit “or by development consent”;
 
 
(b)
after subsection (1) insert—
 
 
“(1A)
Subsection (1) is subject to section 17 of the Transport and
 
 
Works Act 1992 (power to exclude requirement for other
 
 
consents for works authorised under that Act) and section
35
 
33(1) of the Planning Act 2008 (exclusion of requirement for
 

Page 158

 
other consents for development for which development
 
 
consent required).”
 
 
(3)
In section 28(2) (offence of damaging protected monument), in the second
 
 
sentence, for the words from “works for which” to the end substitute “—
 
 
“(a)
works for which scheduled monument consent has been
5
 
given under this Act (including any consent granted by order
 
 
under section 3),
 
 
(b)
works exempted from the need to obtain scheduled
 
 
monument consent by an order under section 1 or 3 of the
 
 
Transport and Works Act 1992 (see section 17 of that Act),
10
 
or
 
 
(c)
works for which development consent has been granted.”
 
 
(4)
In section 37(1A) (operations authorised by development consent not offence
 
 
under section 35), after “of” insert “—
 
 
“(a)
any operations exempted from the need to obtain scheduled
15
 
monument consent under this Act by an order under section
 
 
1 or 3 of the Transport and Works Act 1992 (see section 17
 
 
of that Act), or
 
 
(b)
.
 

Planning (Listed Buildings and Conservation Areas) Act 1990

20
 
2
(1)
The Planning (Listed Buildings and Conservation Areas) Act 1990 is
 
 
amended as follows.
 
 
(2)
In section 7(2) (requirement for listed building consent subject to section
 
 
33 of the Planning Act 2008), after “subject to” insert “section 17 of the
 
 
Transport and Works Act 1992 (power to exclude requirement for other
25
 
consents for works authorised under that Act) and”.
 
 
(3)
In section 59(3) (exception to offence of intentionally damaging listed
 
 
building), before paragraph (c) insert—
 
 
“(ba)
of works exempted from the need to obtain listed building
 
 
consent under this Act by an order under section 1 or 3 of
30
 
the Transport and Works Act 1992 (see section 17 of that
 
 
Act); or”
 

Planning Act 2008

 
 
3
In Schedule 2 to the Planning Act 2008 (amendments consequential on
 
 
development consent regime), omit paragraphs 17 and 18.
35

Page 159

 
Schedule 3
Section 52 (3)
 

Section

 

Town and Country Planning Act 1990

 
 
1
(1)
Section 303A of the Town and Country Planning Act 1990 (responsibility
 
 
of local planning authorities for costs of holding certain inquiries) is
5
 
amended as follows.
 
 
(2)
In subsection (1A), before paragraph (a) insert—
 
 
“(zza)
a public examination under section 12I or 12P (6) (a) of the
 
 
Planning and Compulsory Purchase Act 2004;”.
 
 
(3)
After subsection (1B) insert—
10
 
“(1BA)
Where the qualifying procedure is a public examination of a spatial
 
 
development strategy under section 12I or 12P (6) (a) of the Planning
 
 
and Compulsory Purchase Act 2004, the appropriate authority is
 
 
the Secretary of State.”
 
 
(4)
In subsection (2), for “or corporate joint committee” substitute “, corporate
15
 
joint committee or strategic planning authority”.
 
 
(5)
In subsection (3), for “or corporate joint committee” substitute “, corporate
 
 
joint committee or strategic planning authority”.
 
 
(6)
In subsection (6), for “or corporate joint committee” substitute “, corporate
 
 
joint committee or strategic planning authority”.
20
 
(7)
In subsection (9A)—
 
 
(a)
in the opening words and in paragraph (a), for “or corporate joint
 
 
committee” substitute “, corporate joint committee or strategic
 
 
planning authority”;
 
 
(b)
for paragraph (b) substitute—
25
 
“(b)
the Secretary of State (or a person acting on the
 
 
Secretary of State’s behalf) holds a public or
 
 
independent examination in relation to a strategy,
 
 
plan or document prepared by the local planning
 
 
authority or strategic planning authority, or by the
30
 
Secretary of State under section 12P (2) (a) or
 
 
15HA(2)(a) of that Act.”
 
 
(8)
After subsection (9B) (as inserted by paragraph 7(4) of Schedule 8 to LURA
 
 
2023) insert—
 
 
“(9C)
In a case where a qualifying procedure is carried out in relation to
35
 
a spatial development strategy that is prepared by a strategic
 
 
planning board under Part 1A of the Planning and Compulsory
 
 
Purchase Act 2004 (see section 12B of that Act), the Secretary of
 
 
State may for the purposes of this section apportion the amount
 
 
that may be recovered in accordance with subsections (4) to (6)
40

Page 160

 
between the constituent authorities of the board, on such basis as
 
 
the Secretary of State considers just and reasonable.”
 
 
(9)
After subsection (12) (as inserted by paragraph 7(6) of Schedule 8 to LURA
 
 
2023) insert—
 
 
“(13)
In this section “strategic planning authority” has the meaning given
5
 
by section 12A of the Planning and Compulsory Purchase Act 2004.”
 

Planning and Compulsory Purchase Act 2004

 
 
2
PCPA 2004 is amended as set out in paragraphs 3 to 5 .
 
 
3
In section 15LH (interpretation) (as inserted by Schedule 7 to LURA 2023),
 
 
in subsection (3), in the definition of “spatial development strategy”—
10
 
(a)
in paragraph (b), after “adopted” insert “before Part 1A comes into
 
 
force”;
 
 
(b)
after paragraph (b) insert—
 
 
“(ba)
a spatial development strategy adopted before Part
 
 
1A comes into force by a combined county authority
15
 
established under section 9 of the Levelling-up and
 
 
Regeneration Act 2023;
 
 
(bb)
a spatial development strategy within the meaning
 
 
of Part 1A (see section 12W (1) );”.
 
 
4
In section 39A (assistance with plan making) (as inserted by section 100 of
20
 
LURA 2023), in subsection (5), after paragraph (b) insert—
 
 
“(ba)
a spatial development strategy within the meaning of Part
 
 
1A (see section 12W (1) );”.
 
 
5
In section 113 (validity of strategies, plans and documents)—
 
 
(a)
in subsection (9)(f) (as inserted by paragraph 23(3)(c) of Schedule 8
25
 
to LURA 2023), after “adopted” insert “before Part 1A comes into
 
 
force”;
 
 
(b)
after subsection (9)(f) insert—
 
 
“(fa)
in the case of a spatial development strategy adopted
 
 
before Part 1A comes into force by a combined county
30
 
authority established under section 9 of the
 
 
Levelling-up and Regeneration Act 2023, or any
 
 
alteration or replacement of it, whichever provisions
 
 
of (or applied by) an order under that Act give the
 
 
combined county authority powers in relation to such
35
 
a strategy;
 
 
(fb)
Part 1A of this Act in the case of a spatial
 
 
development strategy within the meaning of that Part
 
 
(see section 12W (1) ), or any alteration or replacement
 
 
of it.”
40

Page 161

Levelling-up and Regeneration Act 2023

 
 
6
LURA 2023 is amended as set out in paragraphs 7 to 11 .
 
 
7
In section 91 (interpretation of Chapter 1 of Part 3), in the definition of
 
 
“relevant planning authority”, after paragraph (e) insert—
 
 
“(ea)
a strategic planning authority (within the meaning given in
5
 
section 12A of PCPA 2004),”.
 
 
8
In section 97 (plan making), omit “joint spatial development strategies,”.
 
 
9
In section 100 (assistance with plan making), in section 39A of PCPA 2004
 
 
inserted by that section, in subsection (5)(b), omit “or Part 2 of this Act”.
 
 
10
In Schedule 7 (plan making), omit the following provisions substituted for
10
 
sections 15 to 37 of PCPA 2004—
 
 
(a)
sections 15A to 15AI;
 
 
(b)
the italic heading before section 15A;
 
 
(c)
section 15LE(2)(a), (b) and (c);
 
 
(d)
in section 15LH(3)—
15
 
(i)
the definition of “joint spatial development strategy”;
 
 
(ii)
paragraph (c) of the definition of “spatial development
 
 
strategy”.
 
 
11
(1)
Schedule 8 (minor and consequential amendments in connection with
 
 
Chapter 2 of Part 3) is amended as follows.
20
 
(2)
In paragraph 7, omit sub-paragraph (2)(a).
 
 
(3)
In paragraph 21(a), in the words substituted for words in section 39(1)(b)
 
 
of PCPA 2004, omit “joint spatial development strategy,”.
 
 
(4)
In paragraph 23—
 
 
(a)
in sub-paragraph (3)(c), omit paragraph (g) inserted into section
25
 
113(9) of PCPA 2004;
 
 
(b)
in sub-paragraph (5), in subsection (13) inserted into section 113 of
 
 
PCPA 2004, for “, “spatial development strategy for London” and
 
 
“joint spatial development strategy”” substitute “and “spatial
 
 
development strategy for London””.
30
 
(5)
In paragraph 25—
 
 
(a)
in paragraph (a), omit paragraph (za) inserted into section 122(5)
 
 
of PCPA 2004;
 
 
(b)
in paragraph (b), in the words inserted into section 122(6) of PCPA
 
 
2004, omit “(za),”.
35
 
(6)
In paragraph 39(6), in paragraph (6)(a) inserted into regulation 108 of the
 
 
Habitats Regulations, omit “joint spatial development strategy,”.
 
 
(7)
In paragraph 40—
 
 
(a)
in sub-paragraph (2)(a), in the words substituted for words in
 
 
paragraph (b) of the definition of “land use plan” in regulation
40

Page 162

 
111(1) of the Habitats Regulations, omit “joint spatial development
 
 
strategy,”;
 
 
(b)
in sub-paragraph (3)(a), omit sub-paragraph (aa) substituted for
 
 
regulation 111(2)(a) and (b) of the Habitats Regulations.
 

Habitats Regulations

5
 
12
(1)
Regulation 111 of the Habitats Regulations (interpretation of Chapter 8) is
 
 
amended as follows.
 
 
(2)
In paragraph (1), in the definition of “land use plan”—
 
 
(a)
in paragraph (a), for “(the spatial development strategy)” substitute
 
 
“(the spatial development strategy for London)”;
10
 
(b)
after paragraph (a) insert—
 
 
“(aa)
a spatial development strategy as provided for in
 
 
Part 1A of the 2004 Planning Act;
 
 
(ab)
a spatial development strategy of a combined
 
 
authority established under section 103 of the Local
15
 
Democracy, Economic Development and Construction
 
 
Act 2009, not being a spatial development strategy
 
 
within paragraph (aa);
 
 
(ac)
a spatial development strategy of a combined county
 
 
authority established under section 9 of the
20
 
Levelling-up and Regeneration Act 2023, not being
 
 
a spatial development strategy within paragraph
 
 
(aa);”.
 
 
(3)
In paragraph (1), in the definition of “plan-making authority”—
 
 
(a)
in paragraph (a), after “replacement” insert “of the spatial
25
 
development strategy for London”;
 
 
(b)
after paragraph (a) insert—
 
 
“(aa)
a strategic planning authority (within the meaning
 
 
given in section 12A of the 2004 Planning Act);
 
 
(ab)
a combined authority established under section 103
30
 
of the Local Democracy, Economic Development and
 
 
Construction Act 2009 when exercising powers in
 
 
relation to a spatial development strategy specified
 
 
in paragraph (ab) of the definition of “land use plan”;
 
 
(ac)
a combined county authority established under
35
 
section 9 of the Levelling-up and Regeneration Act
 
 
2023 when exercising powers in relation to a spatial
 
 
development strategy specified in paragraph (ac) of
 
 
the definition of “land use plan;”;
 
 
(c)
in paragraph (c), before sub-paragraph (ii) insert—
40
 
“(ia)
section 12P or 12Q of the 2004 Planning Act
 
 
(Secretary of State’s powers in relation to
 
 
spatial development strategy);”.
 

Page 163

 
(4)
In paragraph (2)—
 
 
(a)
in sub-paragraph (c), after “strategy”, in both places, insert “for
 
 
London”;
 
 
(b)
after sub-paragraph (c) insert—
 
 
“(ca)
the adoption or approval of a spatial development
5
 
strategy or of an alteration of such a strategy under
 
 
Part 1A of the 2004 Planning Act;
 
 
(cb)
the adoption or alteration of a spatial development
 
 
strategy specified in paragraph (ab) of the definition
 
 
of “land use plan”;
10
 
(cc)
the adoption or alteration of a spatial development
 
 
strategy specified in paragraph (ac) of the definition
 
 
of “land use plan”;”.
 

Interpretation

 
 
13
In this Schedule—
15
 
“PCPA 2004” means the Planning and Compulsory Purchase Act 2004;
 
 
“LURA 2023” means the Levelling-up and Regeneration Act 2023;
 
 
“Habitats Regulations” means the Conservation of Habitats and Species
 
 
Regulations 2017 (S.I. 2017/1012).
 
 
Schedule 4
Section 66 (3)
20

Environmental delivery plans: effect on environmental obligations

 

Protected sites: assessments under

 
 
1
(1)
Sub-paragraph (2) applies where—
 
 
(a)
an environmental feature identified in an EDP in accordance with
 
 
section 55 (1) (a) is a protected feature of a European site or a Ramsar
25
 
site, and
 
 
(b)
a developer has committed to pay, in respect of a development,
 
 
such amount of the nature restoration levy set out in a charging
 
 
schedule to the EDP as applies in relation to an environmental
 
 
impact of the development on that protected feature.
30
 
(2)
The environmental impact of the development on the protected feature is
 
 
to be disregarded for the purposes of Part 6 of the Habitats Regulations
 
 
2017 .
 

Protected sites: SSSIs

 
 
2
(1)
Sub-paragraph (2) applies where—
35
 
(a)
an environmental feature identified in an EDP in accordance with
 
 
section 55 (1) (a) is a protected feature of an SSSI, and
 

Page 164

 
(b)
a developer has committed to pay, in respect of a development,
 
 
such amount of the nature restoration levy set out in a charging
 
 
schedule to the EDP as applies in relation to an environmental
 
 
impact of the development on that protected feature.
 
 
(2)
The environmental impact of the development on the protected feature is
5
 
to be disregarded for the purposes of—
 
 
(a)
a determination by Natural England on whether to give consent
 
 
(and if so on what terms) under section 28E of the Wildlife and
 
 
Countryside Act 1981 or withdraw or modify any such consent,
 
 
(b)
a determination by the Secretary of State of an appeal under section
10
 
28F of that Act (appeals in connection with consents),
 
 
(c)
section 28H of that Act (statutory undertakers etc: duty in relation
 
 
to carrying out operations),
 
 
(d)
section 28I of that Act (statutory undertakers etc: duty in relation
 
 
to authorising operations), and
15
 
(e)
section 28P(2) and (5A) of that Act (offences in connection with
 
 
sections 28H and 28I of that Act).
 

Protected sites: marine conservation zones

 
 
3
(1)
Sub-paragraph (2) applies where—
 
 
(a)
an environmental feature identified in an EDP in accordance with
20
 
section 55 (1) (a) is a protected feature of a marine conservation zone,
 
 
and
 
 
(b)
a developer has committed to pay, in respect of a development,
 
 
such amount of the nature restoration levy set out in a charging
 
 
schedule to the EDP as applies in relation to an environmental
25
 
impact of the development on that protected feature.
 
 
(2)
The environmental impact of the development on the protected feature is
 
 
to be disregarded for the purposes of section 126 of the Marine and Coastal
 
 
Access Act 2009 (duties of public authorities in relation to certain decisions).
 

Protected species: licences under

30
 
4
(1)
Sub-paragraph (2) applies where—
 
 
(a)
an environmental feature identified in an EDP in accordance with
 
 
section 55 (1) (a) is a species listed in Schedule 2, 4 or 5 of the Habitats
 
 
Regulations 2017, and
 
 
(b)
a developer has committed to pay, in respect of a development,
35
 
such amount of the nature restoration levy set out in a charging
 
 
schedule to the EDP as applies in relation to an environmental
 
 
impact of the development on that protected species.
 
 
(2)
A licence under regulation 55 (1) of the Habitats Regulations 2017 , relating
 
 
to the protected species and on the terms set out in the EDP, is to be treated
40
 
as having been granted to the developer by the relevant licensing body
 
 
(see regulation 58(4A) of those Regulations) .
 

Page 165

Protected species: licences under Part 1 of the Wildlife and Countryside Act 1981

 
 
5
(1)
Sub-paragraph (2) applies where—
 
 
(a)
an environmental feature identified in an EDP in accordance with
 
 
section 55 (1) (a) is a species protected by Part 1 of the Wildlife and
 
 
Countryside Act 1981, and
5
 
(b)
a developer has committed to pay, in respect of a development,
 
 
such amount of the nature restoration levy set out in a charging
 
 
schedule to the EDP as applies in relation to an environmental
 
 
impact of the development on that protected species.
 
 
(2)
A licence under section 16(3)(j) of the Wildlife and Countryside Act 1981,
10
 
relating to the protected species and on the terms set out in the EDP, is to
 
 
be treated as having been granted to the developer by the appropriate
 
 
authority (see section 16(8A) and (9) of that Act).
 

Protected species: licences under the

 
 
6
(1)
Sub-paragraph (2) applies where—
15
 
(a)
badgers are identified in an EDP as an environmental feature in
 
 
accordance with section 55 (1) (a) , and
 
 
(b)
a developer has committed to pay, in respect of a development,
 
 
such amount of the nature restoration levy set out in a charging
 
 
schedule to the EDP as applies in relation to an environmental
20
 
impact of the development on badgers.
 
 
(2)
A licence under section 10 of the Protection of Badgers Act 1992, on the
 
 
terms set out in the EDP, is to be treated as having been granted by Natural
 
 
England to the developer.
 
 
Schedule 5
Section 83 (8)
25

Compulsory acquisition of land under Part 3: supplementary provisions

 

Application of Acquisition of Land Act 1981

 
 
1
(1)
The Acquisition of Land Act 1981 (“ALA 1981”) applies to the compulsory
 
 
acquisition of land under section 83 , with the following modification.
 
 
(2)
Section 17 (2) of ALA 1981 (orders to be subject to special parliamentary
30
 
procedure in certain cases involving local authority or statutory undertakers’
 
 
land) does not apply to the acquisition of an interest in land by Natural
 
 
England acting under section 83 .
 
 
2
(1)
Schedule 3 to ALA 1981 applies to the acquisition of new rights under
 
 
section 83 , with the following modification.
35
 
(2)
Paragraph 4(2) of that Schedule (orders to be subject to special parliamentary
 
 
procedure in certain cases involving local authority or statutory undertakers’
 

Page 166

 
land) does not apply to the acquisition of an interest in land by Natural
 
 
England acting under section 83 .
 

Extinguishment of private rights of way etc

 
 
3
(1)
Sub-paragraph (2) applies where Natural England completes the compulsory
 
 
acquisition of land under section 83 .
5
 
(2)
On completion of the acquisition—
 
 
(a)
all private rights of way on, under or over the land are extinguished,
 
 
(b)
all rights of laying down, erecting, continuing or maintaining any
 
 
apparatus on, under or over the land are extinguished, and
 
 
(c)
any such apparatus vests in Natural England.
10
 
(3)
Sub-paragraph (2) is subject to paragraph 4 to 7 .
 
 
4
Natural England may give a direction before the completion of the
 
 
acquisition that paragraph 3 (2) is not to apply to any right or apparatus
 
 
specified in the direction.
 
 
5
Paragraph 3 (2) is subject to any agreement which may be made (whether
15
 
before or after the completion of the acquisition) between—
 
 
(a)
Natural England, and
 
 
(b)
the person—
 
 
(i)
in whom the right or apparatus concerned is vested, or
 
 
(ii)
to whom it belongs.
20
 
6
(1)
Paragraph 3 (2) does not apply to—
 
 
(a)
any right vested in statutory undertakers for the purpose of carrying
 
 
on their undertaking,
 
 
(b)
any apparatus belonging to statutory undertakers for that purpose,
 
 
(c)
any right conferred by, or in accordance with, the electronic
25
 
communications code on the operator of an electronic
 
 
communications code network, or
 
 
(d)
any electronic communications apparatus kept installed for the
 
 
purposes of any such network.
 
 
(2)
In sub-paragraph (1) “statutory undertakers” means persons who are, or
30
 
are deemed to be, statutory undertakers for the purposes of any provision
 
 
of Part 11 of the Town and Country Planning Act 1990; and “undertaking”
 
 
is to be read in accordance with section 262 of that Act (meaning of
 
 
“statutory undertakers”).
 
 
7
(1)
Any person who suffers loss by the extinguishment of a right, or the vesting
35
 
of any apparatus, under paragraph 3 is entitled to compensation from
 
 
Natural England.
 
 
(2)
Any compensation payable under this paragraph is to be determined in
 
 
accordance with the Land Compensation Act 1961.
 

Page 167

New rights: application of Compulsory Purchase Act 1965

 
 
8
(1)
The Compulsory Purchase Act 1965 (“CPA 1965”) applies to the compulsory
 
 
acquisition of new rights under section 83 as it applies to the compulsory
 
 
purchase of land.
 
 
(2)
In its application to the compulsory acquisition of such new rights, that
5
 
Act is to have effect subject to—
 
 
(a)
the modifications specified in paragraphs 9 to 14 , and
 
 
(b)
such other modifications as are necessary.
 
 
(3)
One result of sub-paragraph (2) (b) is that, in appropriate contexts, references
 
 
in that Act to land are to be read as referring, or as including references,
10
 
to—
 
 
(a)
the rights acquired or to be acquired, or
 
 
(b)
land over which the rights are, or are to be, exercisable,
 
 
according to the requirements of the particular context.
 
 
9
Section 7 of CPA 1965 is to have effect as if for the words of that section
15
 
there were substituted—
 
“7
Measure of compensation in case of acquisition of new right
 
 
(1)
In assessing the compensation to be paid by the acquiring authority
 
 
under this Act regard shall be had not only to the extent (if any) to
 
 
which the value of the land over which the right is acquired is
20
 
depreciated by the acquisition but also to the damage (if any) to be
 
 
sustained by the owner of the land by reason of injurious affection
 
 
of other land of the owner by the exercise of the right.
 
 
(2)
The modifications subject to which subsection (1) of section 44 of
 
 
the Land Compensation Act 1973 (compensation for injurious
25
 
affection) is to have effect, as applied by subsection (2) of that section
 
 
to compensation for injurious affection under this section, are that—
 
 
(a)
for “land is acquired or taken” there is substituted “a right
 
 
over land is acquired”; and
 
 
(b)
for “acquired or taken from him” there is substituted “over
30
 
which the right is exercisable”.”
 
 
10
(1)
Section 8(1) of CPA 1965 is to have effect as if references to acquiring land
 
 
were to acquiring a right in the land.
 

Page 168

 
(2)
Schedule 2A to CPA 1965 is to be read as if, for the words of that Schedule,
 
 
there were substituted—
 

Schedule 2A

 

Counter-notice requiring purchase of land

 

Introduction

5
 
1
(1)
This Schedule applies where an acquiring authority serve a notice
 
 
to treat in respect of a right over the whole or part of a house,
 
 
building or factory.
 
 
(2)
But see section 2A of the Acquisition of Land Act 1981 (under
 
 
which a compulsory purchase order can exclude from this
10
 
Schedule land that is 9 metres or more below the surface).
 
 
2
In this Schedule “house” includes any park or garden belonging
 
 
to a house.
 

Counter-notice requiring purchase of land

 
 
3
A person who is able to sell the house, building or factory (“the
15
 
owner”) may serve a counter-notice requiring the authority to
 
 
purchase the owner’s interest in the house, building or factory.
 
 
4
A counter-notice under paragraph 3 must be served within the
 
 
period of 28 days beginning with the day on which the notice to
 
 
treat was served.
20

Response to counter-notice

 
 
5
On receiving a counter-notice the acquiring authority must decide
 
 
whether to—
 
 
(a)
withdraw the notice to treat,
 
 
(b)
accept the counter-notice, or
25
 
(c)
refer the counter-notice to the Upper Tribunal.
 
 
6
The authority must serve notice of their decision on the owner
 
 
within the period of 3 months beginning with the day on which
 
 
the counter-notice is served (“the decision period”).
 
 
7
If the authority decide to refer the counter-notice to the Upper
30
 
Tribunal they must do so within the decision period.
 
 
8
If the authority do not serve notice of a decision within the
 
 
decision period they are to be treated as if they had served notice
 
 
of a decision to withdraw the notice to treat at the end of that
 
 
period.
35
 
9
If the authority serve notice of a decision to accept the
 
 
counter-notice, the compulsory purchase order and the notice to
 

Page 169

 
treat are to have effect as if they included the owner’s interest in
 
 
the house, building or factory.
 

Determination by Upper Tribunal

 
 
10
On a referral under paragraph 7 the Upper Tribunal must
 
 
determine whether the acquisition of the right would—
5
 
(a)
in the case of a house, building or factory, cause material
 
 
detriment to the house, building or factory, or
 
 
(b)
in the case of a park or garden, seriously affect the amenity
 
 
or convenience of the house to which the park or garden
 
 
belongs.
10
 
11
In making its determination, the Upper Tribunal must take into
 
 
account—
 
 
(a)
the effect of the acquisition of the right,
 
 
(b)
the proposed use of the right, and
 
 
(c)
if the right is proposed to be acquired for works or other
15
 
purposes extending to other land, the effect of the whole
 
 
of the works and the use of the other land.
 
 
12
If the Upper Tribunal determines that the acquisition of the right
 
 
would have either of the consequences described in paragraph
 
 
10 it must determine how much of the house, building or factory
20
 
the authority ought to be required to take.
 
 
13
If the Upper Tribunal determines that the authority ought to be
 
 
required to take some or all of the house, building or factory the
 
 
compulsory purchase order and the notice to treat are to have
 
 
effect as if they included the owner’s interest in that land.
25
 
14
(1)
If the Upper Tribunal determines that the authority ought to be
 
 
required to take some or all of the house, building or factory, the
 
 
authority may at any time within the period of 6 weeks beginning
 
 
with the day on which the Upper Tribunal makes its
 
 
determination withdraw the notice to treat in relation to that land.
30
 
(2)
If the acquiring authority withdraws the notice to treat under
 
 
this paragraph they must pay the person on whom the notice
 
 
was served compensation for any loss or expense caused by the
 
 
giving and withdrawal of the notice.
 
 
(3)
Any dispute as to the compensation is to be determined by the
35
 
Upper Tribunal.”
 
 
11
(1)
The provisions of CPA 1965 mentioned in sub-paragraph (2) (which state
 
 
the effect of a deed poll executed in various circumstances where there is
 
 
no conveyance by persons with interests in the land) are to be read as if
 
 
they were modified in accordance with sub-paragraph (3) .
40
 
(2)
The provisions are—
 
 
(a)
section 9(4) (failure of owners to convey),
 

Page 170

 
(b)
paragraph 10(3) of Schedule 1 (owners under incapacity),
 
 
(c)
paragraph 2(3) of Schedule 2 (absent and untraced owners), and
 
 
(d)
paragraphs 2(3) and 7(2) of Schedule 4 (common land).
 
 
(3)
The provisions are to be read as if they were modified so as to secure that,
 
 
as against persons with interests in the land which are expressed to be
5
 
overridden by the deed, the right which is to be acquired compulsorily is
 
 
vested absolutely in the acquiring authority.
 
 
12
Section 11 of CPA 1965 (powers of entry) is to be read as if it were modified
 
 
so as to secure that, where the acquiring authority have served notice to
 
 
treat in respect of any right as well as the notice required by subsection
10
 
(1) of that section (as it applies to a compulsory acquisition under section
 
 
83 ), they have power, exercisable in the same circumstances and subject to
 
 
the same conditions, to enter for the purpose of exercising that right; and
 
 
sections 11A (powers of entry: further notices of entry), 11B (counter-notice
 
 
requiring possession to be taken on specified date), 12 (penalty for
15
 
unauthorised entry) and 13 (entry on enforcement officer’s or sheriff’s
 
 
warrant in the event of obstruction) of that Act are modified accordingly.
 
 
13
Section 20 of CPA 65 (compensation for short-term tenants) is to be read
 
 
as if it were modified so as to secure that persons with such interests as
 
 
are mentioned in that section are compensated in a manner corresponding
20
 
to that in which they would be compensated on a compulsory purchase
 
 
of the interests but taking into account only the extent (if any) of such
 
 
interference with such interests as is actually caused, or likely to be caused,
 
 
by the exercise of the right concerned.
 
 
14
Section 22 of CPA 65 (protection of acquiring authority’s possession of land
25
 
where by inadvertence an interest in the land has not been purchased) is
 
 
to be read as if it were modified so as to enable the acquiring authority,
 
 
in circumstances corresponding to those referred to in that section, to
 
 
continue to be entitled to exercise the right concerned, subject to compliance
 
 
with that section as respects compensation.
30

New rights: application of the Compulsory Purchase (Vesting Declarations) Act 1981

 
 
15
The Compulsory Purchase (Vesting Declarations) Act 1981 (“CP(VD)A
 
 
1981”) applies to the compulsory acquisition of new rights under section
 
 
83 —
 
 
(a)
with the modifications specified in paragraph 16 ; and
35
 
(b)
with such other modifications as may be necessary.
 
 
16
(1)
The modifications of CP(VD)A 1981 referred to in paragraph 15 (a) are as
 
 
follows.
 
 
(2)
References to CPA 1965 are, in appropriate contexts, to be read (according
 
 
to the requirements of the particular context) as referring to, or as including
40
 
references to—
 
 
(a)
the right acquired or to be acquired; or
 
 
(b)
the land over which the right is, or is to be, exercisable.
 

Page 171

 
(3)
References to CPA 1965 are to be read as references to that Act as it applies
 
 
to the compulsory acquisition of a right under section 83 .
 
 
(4)
Section 8(1) (vesting, and right to enter and take possession) is to be read
 
 
as securing that—
 
 
(a)
a general vesting declaration in respect of any right vests the right
5
 
in the acquiring authority on the vesting date; and
 
 
(b)
as from the vesting date, the acquiring authority has power,
 
 
exercisable in the same circumstances and subject to the same
 
 
conditions, to enter land for the purpose of exercising that right as
 
 
if the circumstances mentioned in paragraph (a) and (b) of section
10
 
8(1) had arisen.
 
 
(5)
Section 9(2) (right of entry under section 8(1) not exercisable in respect of
 
 
land subject to certain tenancies unless notice has been served on occupiers
 
 
of the land) is to be read as requiring a notice served by the appropriate
 
 
authority under that provision to refer to the authority’s intention to enter
15
 
land specified in the notice in order to exercise the right.
 
 
(6)
In section 10(1) (acquiring authority’s liability on vesting of the land), the
 
 
reference to the acquiring authority’s taking possession of the land under
 
 
section 11 of CPA 1965 is to be read as a reference to the authority’s
 
 
exercising the power to enter the land under that provision as modified
20
 
by paragraph 12 of this Schedule.
 
 
(7)
Schedule A1 (counter-notice requiring purchase of land not in general
 
 
vesting declaration) is to be read as if—
 
 
(a)
in paragraph 1(1), for “part only of” there were substituted “only
 
 
the acquisition of a right over”;
25
 
(b)
paragraph 1(2) were omitted;
 
 
(c)
references to the land proposed to be acquired were (subject to
 
 
paragraph (e) below) to the right proposed to be acquired;
 
 
(d)
references to the additional land were to the house, building or
 
 
factory over which the right is proposed to be exercisable;
30
 
(e)
in paragraphs 14 and 15, references to the severance of land
 
 
proposed to be acquired were to the acquisition of the right; and
 
 
(f)
in paragraph 15, after “in addition to” there were inserted “or in
 
 
substitution for”.
 

New rights: compensation

35
 
17
(1)
The enactments relating to compensation for the compulsory purchase of
 
 
land apply—
 
 
(a)
with the modification specified in paragraph 18 , and
 
 
(b)
with such other modifications as are necessary,
 
 
in relation to the acquisition of new rights under section 83 as they apply
40
 
to compensation for the compulsory purchase of land.
 
 
(2)
Sub-paragraph (1) is without prejudice to the generality of paragraph 8 .
 

Page 172

 
18
Section 5A (relevant valuation date) of the Land Compensation Act 1961
 
 
is to be read as if for subsections (5A) and (5B) there were substituted—
 
 
“(5A)
If—
 
 
(a)
the acquiring authority enters on land for the purpose of
 
 
exercising a right in pursuance of a notice of entry under
5
 
section 11(1) of the Compulsory Purchase Act 1965 (as
 
 
modified by paragraph 12 of Schedule 5 to the Planning and
 
 
Infrastructure Act 2025),
 
 
(b)
the acquiring authority is subsequently required by a
 
 
determination under paragraph 13 of Schedule 2A to the
10
 
1965 Act (as substituted by paragraph 10 of Schedule 5 to
 
 
the Planning and Infrastructure Act 2025) to acquire an
 
 
interest in the land, and
 
 
(c)
the acquiring authority enters on and takes possession of
 
 
that land,
15
 
the authority is deemed for the purposes of subsection (3)(a) to have
 
 
entered on that land when it entered on that land for the purpose
 
 
of exercising that right.
 
 
(5B)
If—
 
 
(a)
a right over land is the subject of a general vesting
20
 
declaration,
 
 
(b)
by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the
 
 
Compulsory Purchase (Vesting Declarations) Act 1981, the
 
 
declaration has effect as if it included an interest in the land,
 
 
and
25
 
(c)
the vesting date for the right is different from the vesting
 
 
date for the interest in the land,
 
 
the first of the vesting dates is deemed for the purposes of subsection
 
 
(4)(a) to be the vesting date for the whole of the land.”
 
 
Schedule 6
Section 89
30

Amendments relating to Part 3

 

Part 1

 

Ramsar sites: amendments to the Habitats Regulations 2017

 
 
1
The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)
 
 
are amended as follows.
35

Page 173

 
2
In regulation 3 (interpretation), in paragraph (1), after the definition of
 
 
“priority species” insert—
 
 
““Ramsar Convention” means the Convention on Wetlands of
 
 
International Importance especially as Waterfowl Habitat signed at
 
 
Ramsar on 2 February 1971, as amended by—
5
 
(a)
the Protocol known as the Paris Protocol done at Paris on 3
 
 
December 1982, and
 
 
(b)
the amendments known as the Regina Amendments adopted
 
 
at the Extraordinary Conference of the Contracting Parties
 
 
held at Regina, Saskatchewan, Canada, between 28 May and
10
 
3 June 1987;
 
 
but if that Convention is further amended after the passing of the
 
 
Planning and Infrastructure Act 2025, the references to the Ramsar
 
 
Convention in these Regulations are to be taken after the entry into
 
 
force of the further amendments as referring to that Convention as
15
 
further amended (and the reference to paragraph 1 of article 2 is, if
 
 
necessary, to be taken as referring to the appropriate successor
 
 
provision);
 
 
“Ramsar site” means a site that has been designated under paragraph
 
 
1 of article 2 of the Ramsar Convention for inclusion in the list of
20
 
wetlands of international importance referred to in that article ;”.
 
 
3
In regulation 24 (assessment of implications for European sites)—
 
 
(a)
in paragraph (1)(a), after “European site” insert “, or on a Ramsar
 
 
site in England”;
 
 
(b)
in the heading, at the end insert “and Ramsar sites in England”.
25
 
4
In regulation 25 (sites of special scientific interest which become European
 
 
sites: duty to review)—
 
 
(a)
in paragraph (1), after “European site” insert “, or within a Ramsar
 
 
site in England”;
 
 
(b)
in the heading, after “European sites” insert “or Ramsar sites in
30
 
England”.
 
 
5
In the italic heading before regulation 63, after “European sites” insert “,
 
 
Ramsar sites in England”.
 
 
6
In regulation 63 (assessment of implications for European sites and European
 
 
offshore marine sites)—
35
 
(a)
in paragraph (1), after “European site” insert “, a Ramsar site in
 
 
England”;
 
 
(b)
in paragraph (5), after “European site” insert “, the Ramsar site”;
 
 
(c)
in the heading, after “European sites” insert “, Ramsar sites in
 
 
England”.
40
 
7
In regulation 64 (considerations of overriding public interest), in paragraph
 
 
(1), after “European site” insert “, the Ramsar site”.
 

Page 174

 
8
In regulation 65 (review of existing decisions and consents), in paragraph
 
 
(1), after “European site” insert “, a Ramsar site”.
 
 
9
In regulation 67 (co-ordination where more than one competent authority
 
 
involved)—
 
 
(a)
in paragraph (3)(a), after “European site” insert “, a Ramsar site”;
5
 
(b)
in paragraph (3)(b), after “European site” insert “, a Ramsar site”.
 
 
10
In regulation 68—
 
 
(a)
the existing text becomes paragraph (1);
 
 
(b)
at the end insert—
 
 
“(2)
Where in accordance with regulation 64—
10
 
(a)
a plan or project is agreed to, notwithstanding a negative
 
 
assessment of the implications for a Ramsar site in England,
 
 
or
 
 
(b)
a decision, or a consent, permission or other authorisation,
 
 
is affirmed on review, notwithstanding such an assessment,
15
 
the appropriate authority must secure that any necessary
 
 
compensatory measures are taken to ensure that the overall
 
 
coherence of the national Ramsar site series is protected.”
 
 
11
In regulation 70 (grant of planning permission)—
 
 
(a)
in paragraph (2), after “European site” insert “, a Ramsar site”;
20
 
(b)
in paragraph (3), after “European site” insert “, a Ramsar site”.
 
 
12
In regulation 72 (planning permission: consideration on review), in
 
 
paragraph (3), after “European site” insert “, a Ramsar site”.
 
 
13
In regulation 73 (planning permission: effect of orders made on review),
 
 
in paragraph (6), after “European site” insert “, a Ramsar site”.
25
 
14
In regulation 75 (general development orders), in paragraph (a), after
 
 
“European site” insert “, a Ramsar site in England”.
 
 
15
In regulation 77 (general development orders: approval of local planning
 
 
authority), in paragraph (6), after “European site” insert “, the Ramsar site”.
 
 
16
In regulation 79 (special development orders), in paragraph (4)(b), after
30
 
“European site” insert “, a Ramsar site”.
 
 
17
In regulation 80 (local development orders), in paragraph (4)(b), after
 
 
“European site” insert “, a Ramsar site”.
 
 
18
In regulation 81 (neighbourhood development orders), in paragraph (4)(b),
 
 
after “European site” insert “, a Ramsar site”.
35
 
19
In regulation 82 (simplified planning zones)—
 
 
(a)
in paragraph (2), after “European site” insert “or a Ramsar site in
 
 
England”;
 
 
(b)
in paragraph (5)(b), after “European site” insert “, a Ramsar site”.
 
 
20
In regulation 83 (enterprise zones)—
40

Page 175

 
(a)
in paragraph (2), after “European site” insert “or a Ramsar site in
 
 
England”;
 
 
(b)
in paragraph (5)(b), after “European site” insert “, a Ramsar site”.
 
 
21
In regulation 84 (grant of development consent), in paragraph (2), after
 
 
“European site” insert “, a Ramsar site”.
5
 
22
In regulation 85 (development consent: review), in paragraph (1)(a), after
 
 
“European site” insert “, a Ramsar site”.
 
 
23
In regulation 87 (construction or improvement of highways or roads), in
 
 
paragraph (2)(b), after “European site” insert “, a Ramsar site”.
 
 
24
In regulation 88 (cycle tracks and other ancillary works), in paragraph
10
 
(3)(a), after “European site” insert “or a Ramsar site in England”.
 
 
25
In regulation 89 (consents under Electricity Act 1989: application of
 
 
assessment and review provisions)—
 
 
(a)
in paragraph (2), after “European site” insert “, a Ramsar site”;
 
 
(b)
in paragraph (6), after “European site” insert “, a Ramsar site”;
15
 
(c)
in paragraph (8), after “European site” insert “, a Ramsar site”.
 
 
26
In regulation 93 (authorisations under Pipe-lines Act 1962: application of
 
 
assessment and review provisions)—
 
 
(a)
in paragraph (2), after “European site” insert “, a Ramsar site”;
 
 
(b)
in paragraph (3)(a)(ii), after “European site” insert “, a Ramsar site”;
20
 
(c)
in paragraph (4), after “European site” insert “, a Ramsar site”.
 
 
27
In regulation 97 (orders under Transport and Works Act 1992: application
 
 
of assessment and review provisions)—
 
 
(a)
in paragraph (2), after “European site” insert “, a Ramsar site”;
 
 
(b)
in paragraph (3), after “European site” insert “, a Ramsar site”;
25
 
(c)
in paragraph (4), after “European site” insert “, a Ramsar site”.
 
 
28
In regulation 101 (environmental permits)—
 
 
(a)
in paragraph (2), after “European site” insert “, a Ramsar site”;
 
 
(b)
in paragraph (4), after “European site” insert “, a Ramsar site”.
 
 
29
In regulation 102 (abstraction and works authorised under water
30
 
legislation)—
 
 
(a)
in paragraph (3), after “European site” insert “, a Ramsar site”;
 
 
(b)
in paragraph (6), after “European site” insert “, a Ramsar site”.
 
 
30
In regulation 103 (marine works)—
 
 
(a)
in paragraph (2), after “European site” insert “, a Ramsar site”;
35
 
(b)
in paragraph (4), after “European site” insert “, a Ramsar site”.
 
 
31
In regulation 104 (derogations in relation to nitrate pollution prevention
 
 
legislation), in paragraph (2), after “European site” insert “, a Ramsar site”.
 
 
32
In regulation 105 (assessment of implications for European sites and
 
 
European offshore marine sites)—
40

Page 176

 
(a)
in paragraph (1)(a), after “European site” insert “, a Ramsar site in
 
 
England”;
 
 
(b)
in paragraph (4), after “European site” insert “, the Ramsar site”;
 
 
(c)
in the heading, after “European sites” insert “, Ramsar sites”.
 
 
33
In regulation 106 (assessment of implications for European site:
5
 
neighbourhood development plans)—
 
 
(a)
in paragraph (3), after “European site” insert “or Ramsar site”;
 
 
(b)
in the heading, for “site” substitute “sites and Ramsar sites”.
 
 
34
In regulation 107 (considerations of overriding public interest), in paragraph
 
 
(1), after “European site” insert “, the Ramsar site”.
10
 
35
In regulation 108 (co-ordination for land use plan prepared by more than
 
 
one authority)—
 
 
(a)
in paragraph (3)(a), after “European site” insert “, a Ramsar site”;
 
 
(b)
in paragraph (3)(b), after “European site” insert “, a Ramsar site”.
 
 
36
In regulation 109 (compensatory measures)—
15
 
(a)
the existing text becomes paragraph (1);
 
 
(b)
at the end insert—
 
 
“(2)
Where in accordance with regulation 107 a land use plan is
 
 
given effect notwithstanding a negative assessment of the
 
 
implications for a Ramsar site, the appropriate authority must secure
20
 
that any necessary compensatory measures are taken to ensure that
 
 
the overall coherence of the national Ramsar site series is protected.”
 

Part 2

 

Minor and consequential amendments related to Part 3

 

Wildlife and Countryside Act 1981

25
 
37
(1)
Section 16 of the Wildlife and Countryside Act 1981 (power to grant
 
 
licences) is amended as follows (see also section 109 (2) (extent of this
 
 
paragraph is England and Wales only)).
 
 
(2)
After subsection (6) insert—
 
 
“(6A)
The maximum period for the validity of a licence set out in
30
 
subsection (6)(b) does not apply to—
 
 
(a)
a licence granted to Natural England to facilitate the carrying
 
 
out of any conservation measures within the meaning of
 
 
Part 3 of the Planning and Infrastructure Act 2025, or
 
 
(b)
a licence that, by virtue of paragraph 5 of Schedule 4 to that
35
 
Act, is treated as having been granted to a developer under
 
 
subsection (3).”
 

Page 177

 
(3)
After subsection (8) insert—
 
 
“(8ZA)
In this section, in the case of a licence granted to Natural England
 
 
under subsection (3) to facilitate the carrying out of any conservation
 
 
measures within the meaning of Part 3 of the Planning and
 
 
Infrastructure Act 2025, “the appropriate authority” means the
5
 
Secretary of State.”
 
 
(4)
In subsection (8A), at the end insert “, but this is subject to subsection
 
 
(8ZA).”
 
 
(5)
In subsection (9), in the words before paragraph (a), after “subsections”
 
 
insert “(8ZA),”.
10

Town and Country Planning Act 1990

 
 
38
The Town and Country Planning Act 1990 is amended as follows.
 
 
39
In section 74A (deemed discharge of planning conditions), in subsection
 
 
(2A)—
 
 
(a)
after “to” insert “—
15
 
(a)
;
 
 
(b)
at the end insert “, or
 
 
“(b)
a condition that Natural England has requested under
 
 
Part 3 of the Planning and Infrastructure Act 2025
 
 
(see sections 55 (7) and 88 of that Act).”
20
 
40
In section 100ZA (restrictions on power to impose planning conditions in
 
 
England), in subsection (6), after “apply” insert “—
 
 
“(a)
in relation to a condition that Natural England has requested
 
 
under Part 3 of the Planning and Infrastructure Act 2025
 
 
(see sections 55 (7) and 88 of that Act), or
25
 
(b)
.
 

Protection of Badgers Act 1992

 
 
41
(1)
Section 10 of the Protection of Badgers Act 1992 (licences) is amended as
 
 
follows (see also section 109 (2) (extent of this paragraph is England and
 
 
Wales only)).
30
 
(2)
In subsection (1)—
 
 
(a)
in paragraph (d), for “to interfere with a badger sett” substitute “to
 
 
kill or take badgers in England, or to interfere with a badger sett,”;
 
 
(b)
after paragraph (f) insert—
 
 
“(fa)
in England, for the purpose of preserving public
35
 
health or safety or for reasons of overriding public
 
 
interest, to kill or take badgers, or to interfere with
 
 
a badger sett, within an area specified in the licence
 
 
by any means so specified.”
 

Page 178

 
(3)
After subsection (1) insert—
 
 
“(1A)
In the case of a licence granted to Natural England to facilitate the
 
 
carrying out of any conservation measures within the meaning of
 
 
Part 3 of the Planning and Infrastructure Act 2025, the reference in
 
 
subsection (1) to the appropriate conservation body is to be read as
5
 
a reference to the Secretary of State.”
 
 
(4)
In subsection (2)—
 
 
(a)
in paragraph (d), for “to interfere with a badger sett” substitute “to
 
 
kill or take badgers in England, or to interfere with a badger sett,”;
 
 
(b)
at the end insert—
10
 
“(e)
in England, for the purpose of preserving public
 
 
health or safety or for reasons of overriding public
 
 
interest, to kill or take badgers, or to interfere with
 
 
a badger sett, within an area specified in the licence
 
 
by any means so specified.”
15
 
(5)
After subsection (2) insert—
 
 
“(2A)
In the case of a licence that, by virtue of paragraph 6 of Schedule
 
 
4 to the Planning and Infrastructure Act 2025, is treated as having
 
 
been granted to a developer under subsection (2)(d) or (e), the
 
 
reference in subsection (2) to the appropriate Minister is to be read
20
 
as a reference to Natural England.”
 
 
(6)
In subsection (6), for “or (d)” substitute “, (d) or (e)”.
 
 
(7)
After subsection (8) insert—
 
 
“(8A)
A licence granted under this section in relation to an area in
 
 
England—
25
 
(a)
may be, to any degree, general or specific;
 
 
(b)
may be granted either to persons of a class or to a particular
 
 
person;
 
 
(c)
may be modified at any time by the authority by whom it
 
 
was granted;
30
 
(d)
is to be valid for the period specified in the licence.
 
 
(8B)
A fee may be charged for granting a licence in relation to an area
 
 
in England under this section.”
 
 
(8)
After subsection (9) insert—
 
 
“(9A)
Natural England or the Secretary of State must not grant a licence
35
 
under this section in relation to an area in England unless satisfied—
 
 
(a)
that there is no other satisfactory solution, and
 
 
(b)
that the grant of the licence is not detrimental to the survival
 
 
of any population of badgers.”
 

Page 179

Environmental Assessment of Plans and Programmes Regulations 2004

 
 
42
In the Environmental Assessment of Plans and Programmes Regulations
 
 
2004 (S.I. 2004/1633), in regulation 5 (environmental assessment for plans
 
 
and programmes: first formal preparatory act on or after 21st July 2004),
 
 
in paragraph (5) (plans in relation to which assessments are not required
5
 
under the regulations), after paragraph (a) insert—
 
 
“(aa)
an environmental delivery plan, within the meaning of Part 3 of
 
 
the Planning and Infrastructure Act 2025;”.
 

Conservation of Habitats and Species Regulations 2017

 
 
43
The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)
10
 
are amended as follows.
 
 
44
In regulation 9 (duties relating to compliance with the Directives)—
 
 
(a)
after paragraph (2) insert—
 
 
“(2A)
Paragraph (1) does not apply to functions exercisable under
 
 
or by virtue of Part 3 of the Planning and Infrastructure Act 2025
15
 
(development and nature recovery).”;
 
 
(b)
after paragraph (3) insert—
 
 
“(3A)
Paragraph (3) does not apply to functions exercised by a
 
 
competent authority in connection with an environmental delivery
 
 
plan within the meaning of Part 3 of the Planning and Infrastructure
20
 
Act 2025.”
 
 
45
In regulation 55 (licences for certain activities relating to animals or plants),
 
 
after paragraph (10) insert—
 
 
“(10A)
The maximum time period for a licence set out in paragraph (10)
 
 
does not apply to—
25
 
(a)
a licence granted to Natural England to facilitate the carrying out
 
 
of any conservation measures within the meaning of Part 3 of the
 
 
Planning and Infrastructure Act 2025, or
 
 
(b)
a licence that, by virtue of paragraph 4 of Schedule 4 to the
 
 
Planning and Infrastructure Act 2025, is treated as having been
30
 
granted to a developer under regulation 55.”
 
 
46
In regulation 58 (relevant licensing body)—
 
 
(a)
in paragraph (2), at the beginning insert “Subject to paragraph (2A),”;
 
 
(b)
after paragraph (2) insert—
 
 
“(2A)
In the case of a licence granted to Natural England under
35
 
regulation 55(1) for a purpose specified in any of paragraph (2)(a)
 
 
to (d) of that regulation, to facilitate the carrying out of any
 
 
conservation measures, “relevant licensing body” means the Secretary
 
 
of State.”;
 

Page 180

 
(c)
in paragraph (3), at the beginning insert “Subject to paragraph (4A),”;
 
 
(d)
after paragraph (4) insert—
 
 
“(4A)
In the case of a licence that, by virtue of paragraph 4 of
 
 
Schedule 4 to the Planning and Infrastructure Act 2025, is treated
 
 
as having been granted to a developer under regulation 55(1) for
5
 
any of the purposes specified in regulation 55(2)(e) to (g), “relevant
 
 
licensing body” means—
 
 
(a)
so far as the licence relates to the restricted English inshore
 
 
region, the Marine Management Organisation; and
 
 
(b)
otherwise, Natural England.”;
10
 
(e)
in paragraph (6), for “paragraph (2)” substitute “this regulation”;
 
 
(f)
at the end insert—
 
 
“(7)
In paragraph (2A), “conservation measure” has the same
 
 
meaning as in Part 3 of the Planning and Infrastructure Act 2025
 
 
(development and nature recovery).”
15
 
47
In regulation 62 (application of the provisions of Chapter 1 of Part 6), after
 
 
paragraph (1) insert—
 
 
“(1A)
But the requirements of the assessment provisions and the review
 
 
provisions do not apply in relation to an environmental delivery plan or
 
 
any conservation measures under it.
20
 
(1B)
In paragraph (1A), “environmental delivery plan” and “conservation
 
 
measures” have the same meaning as in Part 3 of the Planning and
 
 
Infrastructure Act 2025 (development and nature recovery).”
 
 
48
In regulation 63 (assessment of implications for European sites etc), in
 
 
paragraph (7), at the end insert—
25
 
“See also paragraph 1 of Schedule 4 to the Planning and Infrastructure Act
 
 
2025 (environmental delivery plans: effect on environmental obligations).”
 
Amendments

No amendments available.