Growth and Infrastructure Act 2013
| Jurisdiction | UK Non-devolved |
| Citation | 2013 c. 27 |
| Year | 2013 |
Growth and Infrastructure Act 2013
2013 CHAPTER 27
An Act to make provision in connection with facilitating or controlling the following, namely, the provision or use of infrastructure, the carrying-out of development, and the compulsory acquisition of land; to make provision about when rating lists are to be compiled; to make provision about the rights of employees of companies who agree to be employee shareholders; and for connected purposes.
[25th April 2013]
B
e it enacted
by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
refer the connected application to the local planning authority, or hazardous substances authority, to whom it would otherwise have been made; and
(b)
direct that the connected application—
(i)
is to be treated as having been made to that authority (and not to the Secretary of State under this section), and
(ii)
is to be determined by that authority accordingly.
(5)
The decision of the Secretary of State on an application made to the Secretary of State under this section shall be final.
(6)
The Secretary of State may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Secretary of State under this section that would otherwise have been made to the authority; and directions under this subsection—
(a)
may relate to a particular application or to applications more generally; and
(b)
may be given to a particular authority or to authorities more generally.
(62B)
Designation for the purposes of section 62A
(1)
An authority may be designated for the purposes of section 62A only if—
(a)
the criteria that are to be applied in deciding whether to designate the authority are set out in a document to which subsection (2) applies,
(b)
by reference to those criteria, the Secretary of State considers that there are respects in which the authority are not adequately performing their function of determining applications under this Part, and
(c)
the criteria that are to be applied in deciding whether to revoke a designation are set out in a document to which subsection (2) applies.
(2)
This subsection applies to a document if—
(a)
the document has been laid before Parliament by the Secretary of State,
(b)
the 40-day period for the document has ended without either House of Parliament having during that period resolved not to approve the document, and
(c)
the document has been published (whether before, during or after the 40-day period for it) by the Secretary of State in such manner as the Secretary of State thinks fit.
(3)
In this section “the 40-day period” for a document is the period of 40 days beginning with the day on which the document is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).
(4)
In calculating the 40-day period for a document, no account is to be taken of any period during which—
(a)
Parliament is dissolved or prorogued, or
(b)
both Houses of Parliament are adjourned for more than four days.
(5)
None of the following may be designated for the purposes of section 62A—
(a)
the Homes and Communities Agency;
(b)
the Mayor of London;
(c)
a Mayoral development corporation;
(d)
an urban development corporation.
(6)
The Secretary of State must publish (in such manner as the Secretary of State thinks fit)—
(a)
any designation of an authority for the purposes of section 62A, and
(b)
any revocation of such a designation.
(62C)
Notifying parish councils of applications under section 62A(1)
(1)
If an application is made to the Secretary of State under section 62A(1)...
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