SCHEDULES

Valid from 01/04/2012

Grant or refusalE+W

55(1)Section 114 (decision-maker to grant or refuse consent) is amended as follows.E+W

(2)In subsection (1)—

(a)for “it” substitute “ the Secretary of State ”, and

(b)for “decision-maker” substitute “ Secretary of State ”.

(3)In subsection (2) for “decision-maker” substitute “ Secretary of State ”.

56E+WOmit section 115(6) (Panel or Council to have regard to Secretary of State's guidance in deciding whether development is associated).

57(1)Amend section 116 (reasons) as follows.E+W

(2)In subsection (1)—

(a)for “decision-maker” substitute “ Secretary of State ”, and

(b)for “its” substitute “the Secretary of State's”.

(3)In subsection (2) for “appropriate authority” substitute “ Secretary of State ”.

(4)In subsection (3)—

(a)for “appropriate authority” substitute “ Secretary of State ”, and

(b)for “the authority” substitute “ the Secretary of State ”.

(5)Omit subsection (4) (meaning of “appropriate authority”).

58(1)Amend section 117 (orders granting consent: formalities) as follows.E+W

(2)Omit subsections (2) and (5) (orders made by Panel or Council).

(3)In subsection (3) (duty to publish order)—

(a)for “appropriate authority” substitute “ Secretary of State ”, and

(b)for “the authority” substitute “ the Secretary of State ”.

(4)For subsection (4) (order exercising powers under section 120(5)(a) or (b) must be in statutory instrument) substitute—

“(4)If the order includes provision—

(a)made under section 120(3) for or relating to any of the matters listed in paragraphs 32A and 32B of Schedule 5, or

(b)made in the exercise of any of the powers conferred by section 120(5)(a) or (b),

the order must be contained in a statutory instrument.”

(5)In subsection (6) for “is made, the appropriate authority” substitute “ containing the order is made, the Secretary of State ”.

(6)Omit subsection (7) (meaning of “appropriate authority”).

59(1)Amend section 118 (legal challenges) as follows.E+W

(2)In subsection (3) (challenges to Commission decision not to accept application) for “Commission” (in both places) substitute “ Secretary of State ”.

(3)In subsection (7) (other challenges to things done by Secretary of State or Commission) omit “or the Commission”.