Localism Act 2011

Orders granting development consentE+W

60(1)Amend section 120 (what may be contained in order) as follows.E+W

(2)In subsection (5)(b) and (c) (order may contain provision that appears necessary or expedient to decision-maker) for “decision-maker” substitute “ Secretary of State ”.

(3)For subsection (8) (order may not create offences or make byelaws or confer or amend power to do so) substitute—

“(8)With the exception of provision made under subsection (3) for or relating to any of the matters listed in paragraph 32B of Schedule 5, an order granting development consent may not include—

(a)provision creating offences,

(b)provision conferring power to create offences, or

(c)provision changing an existing power to create offences.”

61E+WOmit section 121 (Secretary of State's control of exercise of legislative powers by Panel or Council).

62E+WIn sections 122(1) and 123(1) (compulsory acquisition may be authorised only if decision-maker satisfied conditions met) for “decision-maker” substitute “ Secretary of State ”.

63E+WOmit section 124 (guidance to Panels and Council about authorising compulsory acquisition).

64(1)Amend section 127 (statutory undertakers' land) as follows.E+W

(2)In subsection (1)(c) (decision-maker must be satisfied as to use of land) for “decision-maker” substitute “ Secretary of State ”.

(3)Omit subsection (7)(b) (Secretary of State to notify Commission).

65E+WOmit sections 131(10)(b) and 132(10)(b) (Secretary of State to notify Commission).

66(1)Amend section 136 (public rights of way) as follows.E+W

(2)In subsection (1) (decision-maker must be satisfied) for “decision-maker” substitute “ Secretary of State ”.

(3)In subsections (4)(b) and (5) (revival of right extinguished in connection with abandoned acquisition proposal) for “appropriate authority” substitute “ Secretary of State ”.

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

67E+WIn section 138(4)(a) (decision-maker must be satisfied) for “decision-maker” substitute “ Secretary of State ”.

68(1)Amend section 147 (Green Belt land) as follows.E+W

(2)In subsection (2) (decision-maker's duty to notify) for “decision-maker” substitute “ Secretary of State ”.

(3)Omit subsection (3) (cases where Secretary of State not decision-maker).

69E+WIn section 235(1) (interpretation of Act) omit the definitions of—

• “the Commission”,

• “Commissioner”,

• “the Council”, and

• “decision-maker”.

70(1)Amend Schedule 4 (corrections of errors in development consent decisions) as follows.E+W

(2)In paragraph 1(1)(a) for “decision-maker” substitute “ Secretary of State ”.

(3)In paragraph 1(4), (5) and (7) for “appropriate authority” (in each place) substitute “ Secretary of State ”.

(4)Omit paragraph 1(9) (instruments made by the Commission).

(5)In paragraph 1(10) for “is made, the appropriate authority” substitute “ containing the order is made, the Secretary of State ”.

(6)In paragraph 2 for “appropriate authority” (in each place) substitute “ Secretary of State ”.

(7)In paragraph 2(4) (Secretary of State may specify other persons to whom correction notice is to be given) for the words after “may” substitute “ give the correction notice to persons other than those to whom sub-paragraph (3) requires it to be given. ”

(8)In paragraph 4 omit the definition of “the appropriate authority”.

71(1)Amend Schedule 5 (provisions relating to, or to matters ancillary to, development) as follows.E+W

(2)In paragraph 18 (order granting development consent may make provision for or relating to charging tolls, fares and other charges) after “fares” insert “ (including penalty fares) ”.

(3)After paragraph 32 insert—

“32AThe making of byelaws by any person and their enforcement.

32B(1)The creation of offences within sub-paragraph (2) in connection with—

(a)non-payment of tolls, fares or other charges,

(b)a person's failure to give the person's name or address in accordance with provision relating to penalty fares,

(c)enforcement of byelaws, or

(d)construction, improvement, maintenance or management of a harbour.

(2)An offence is within this sub-paragraph if—

(a)it is triable only summarily,

(b)a person guilty of the offence is not liable to imprisonment, and

(c)any fine to which a person guilty of the offence may be liable cannot be higher than level 3 on the standard scale.”

72(1)Amend Schedule 6 (changes to, and revocation of, orders) as follows.E+W

(2)Omit paragraph 1(4) (meaning of “appropriate authority”).

(3)Except in paragraphs 3(6) and (7) and 6(2), for “appropriate authority” (in each place) substitute “ Secretary of State ”.

(4)In paragraph 2(1) for “it” substitute “ the Secretary of State ”.

(5)In paragraph 2(4) for “Commission” substitute “ Secretary of State ”.

(6)Omit paragraph 2(10) (instruments made by Commission).

(7)In paragraph 2(11) after “instrument” insert “ containing the order ”.

(8)Omit paragraph 3(6) (cases where Commission is appropriate authority).

(9)In paragraph 3(7) for “Where the appropriate authority is the Secretary of State, the” substitute “ The ”.

(10)Omit paragraph 4(8) (instruments made by Commission).

(11)In paragraph 4(9) after “instrument” insert “ containing the order ”.

(12)In paragraph 6(2) for the words after “payable to the person” substitute “ by the Secretary of State. ”

73E+WIn Schedule 12 (application of Act to Scotland: modifications) in paragraph 27 (application of Part 1 of Schedule 5) after “32” insert “ , 32B(1)(a), (b) and (d) ”.