Localism Act 2011

Handling of applications by a PanelE+W

21E+WIn section 64(1)(a) (which refers to an application accepted by the Commission) for “Commission” substitute “ Secretary of State ”.

22(1)Amend section 65 (appointment of members, and lead member, of Panel) as follows.E+W

(2)For subsection (1) (Commission chair must appoint Panel and Panel chair) substitute—

“(1)The Secretary of State must appoint—

(a)three, four or five persons to be members of the Panel, and

(b)one of those persons to chair the Panel.”

(3)Omit subsections (3) to (5) (self-appointments, and duty to consult within the Commission before making appointments).

23(1)Amend section 66 (ceasing to be member, or lead member, of Panel) as follows.E+W

(2)Omit subsection (1) (generally, person ceases to be Panel member on ceasing to be a Commissioner).

(3)In subsections (3) and (4) (member, or lead member, may resign by notice to Commission) for “Commission” substitute “ Secretary of State ”.

(4)In subsection (5) (Commission chair may remove Panel member or lead member)—

(a)for “person appointed to chair the Commission (“the chair”)” substitute “ Secretary of State ”, and

(b)in paragraphs (a) and (b) for “chair” substitute “ Secretary of State ”.

24E+WOmit section 67 (Panel member continuing though ceasing to be Commissioner).

25(1)Amend section 68 (additional appointments to Panel) as follows.E+W

(2)For subsection (2) (Commission chair may appoint additional Panel member) substitute—

“(2)The Secretary of State may appoint a person to be a member of the Panel, but this power may not be exercised so as to cause the Panel to have more than five members.”

(3)In subsection (3) (Commission chair must ensure Panel continues to have at least three members) for “person appointed to chair the Commission” substitute “Secretary of State

(4)Omit subsection (5) (self-appointments).

26(1)Amend section 69 (replacement of lead member of Panel) as follows.E+W

(2)In subsection (2) (Commission chair must make appointment to fill vacancy in office of lead member) for “person appointed to chair the Commission” substitute “ Secretary of State ”.

(3)Omit subsection (4) (self-appointments).

27E+WOmit section 70 (membership of Panel where application relates to land in Wales).

28(1)Amend section 71 (supplementary provision where Panel replaces single Commissioner) as follows.E+W

(2)In subsection (2) (single Commissioner may be appointed member, or member and lead member, of Panel) for “A Commissioner who has handled the application under Chapter 3” substitute “ An appointed person ”.

(3)In subsection (3) (power to treat things done by or to single Commissioner as done by or to Panel) for “a Commissioner” substitute “ an appointed person ”.

(4)After subsection (4) insert—

“(5)In this section “appointed person” means a person appointed to handle the application under Chapter 3.”

(5)In the heading for “Commissioner” substitute “ appointed person ”.

29(1)Amend section 74 (Panel to decide, or make recommendations in respect of, application) as follows.E+W

(2)Omit subsection (1) (cases in which Panel has function of deciding application).

(3)In subsection (2) (cases in which Panel has function of examining application and reporting on it to the Secretary of State) for “In any other case, the Panel” substitute “ The Panel ”.

(4)Omit subsection (4) (duty of Commission staff to give support to Panel).