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).