SCHEDULES
SCHEDULE 13Infrastructure Planning Commission: transfer of functions to Secretary of State
PART 1Amendments of the Planning Act 2008
Handling of applications by a Panel
I121
In section 64(1)(a) (which refers to an application accepted by the Commission) for “Commission” substitute “
Secretary of State
”
.
I222
1
Amend section 65 (appointment of members, and lead member, of Panel) as follows.
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).
I323
1
Amend section 66 (ceasing to be member, or lead member, of Panel) as follows.
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
”
.
I424
Omit section 67 (Panel member continuing though ceasing to be Commissioner).
I525
1
Amend section 68 (additional appointments to Panel) as follows.
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).
I626
1
Amend section 69 (replacement of lead member of Panel) as follows.
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).
I727
Omit section 70 (membership of Panel where application relates to land in Wales).
I828
1
Amend section 71 (supplementary provision where Panel replaces single Commissioner) as follows.
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
”
.
I929
1
Amend section 74 (Panel to decide, or make recommendations in respect of, application) as follows.
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).