The Localism Act 2011(Infrastructure Planning) (Consequential Amendments) Regulations 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/635 |
| Year | 2012 |
2012 No. 635
Infrastructure Planning
The Localism Act 2011(Infrastructure Planning) (Consequential Amendments) Regulations 2012
Made 1st March 2012
Laid before Parliament 6th March 2012
Coming into force 1st April 2012
The Secretary of State for Communities and Local Government, in exercise of the powers conferred by section 236 of the Localism Act 20111, makes the following Regulations:
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012.
(2) These Regulations shall come into force on 1st April 2012.
(3) Any amendment to an instrument made by these Regulations shall have the same extent as the instrument to which it relates.
Amendments to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009
2.—(1) The Infrastructure Planning (Environmental Impact Assessment) Regulations 20092are amended as follows.
(2) In those Regulations, (except regulation 5(7) (when development is EIA development: directions by the Secretary of State) and Schedule 5), for “Commission” (in each place) substitute “Secretary of State”.
(3) In regulation 2 (interpretation)—
(a)
(a) in paragraph (1) in the definition of “further information” omit “the Commission,”; and
(b)
(b) in paragraph (4) omit “with the exception of the expression “the Commission””.
(4) In regulation 3(2) (prohibition on granting consent without consideration of environmental information)—
(a)
(a) for “decision-maker” substitute “Secretary of State”; and
(b)
(b) for “it” (in each place) substitute “the Secretary of State or relevant authority (as the case may be)”.
(5) In regulation 5—
(a)
(a) in paragraph (2) for “decision-maker makes an order granting development consent, or as the case may be,” substitute “relevant authority”; and
(b)
(b) in paragraph (7) for “Commission and” substitute “relevant authority or”.
(6) In regulation 6(7) (procedure for establishing whether environmental impact assessment is required)—
(a)
(a) for “the Commission, the Examining authority or the Secretary of State” substitute “the Secretary of State or the Examining authority”; and
(b)
(b) in sub-paragraph (c) omit “the Commission or”.
(7) In regulation 7(1) (considerations for screening decisions)—
(a)
(a) omit “the Commission,” (in both places); and
(b)
(b) after “the Secretary of State” (in both places) omit “,”.
(8) In regulation 9(2)(b)(i) (procedure to facilitate preparation of environmental statements)—
(a)
(a) omit “the Commission or”; and
(b)
(b) omit “or screening direction”.
(9) In regulation 15 (effect of failure to comply with regulation 13) omit “or the Secretary of State” (in each place).
(10) In regulation 16 (accepted application - effect of screening opinion not taking account of all relevant information)—
(a)
(a) omit “or the Secretary of State” (in each place);
(b)
(b) in paragraphs (3) and (4) omit “or direction” (in each place);
(c)
(c) omit paragraph (4)(c); and
(d)
(d) in paragraph (6)(a) omit “, the Secretary of State”.
(11) In regulation 17 (accepted application – effect of environmental statement being inadequate)—
(a)
(a) omit “or the Secretary of State” (in each place); and
(b)
(b) in paragraph (3)(a) omit “(as the case may be)”.
(12) In regulation 22 (availability of directions etc and notification of decisions)—
(a)
(a) omit paragraph (1)(b); and
(b)
(b) in paragraph (3)(c) omit “screening direction, or”.
(13) In regulation 23 (duties to inform the consultees, public and the Secretary of State of final decisions)—
(a)
(a) in paragraph (2)(a) omit “the Secretary of State and”;
(b)
(b) in paragraph (2)(c)(i) for “Panel or the Council” substitute “Secretary of State”; and
(c)
(c) omit paragraphs (4) and (5).
(14) In Schedule 5—
(a)
(a) in Certificate 1 for “Infrastructure Planning Commission” and “IPC” substitute “Secretary of State”;
(b)
(b) in Certificate 2 for “Infrastructure Planning Commission” substitute “Examining authority” and for “IPC” substitute “Secretary of State”;
(c)
(c) in Certificate 3 for “Commission” and “Infrastructure Planning Commission” substitute “Examining authority” and for “IPC” substitute “Secretary of State”; and
(d)
(d) in Certificates 4 and 5 for “Commission” and “Infrastructure Planning Commission” substitute “relevant authority” and for “IPC” substitute “Secretary of State”.
Amendments to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
3.—(1) The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20093are amended as follows.
(2) In those Regulations, (except regulation 12 (transitional matters) and Schedule 1), for “Commission” (in each place) substitute “Secretary of State”.
(3) In regulation 2 (interpretation)—
(a)
(a) after the definition of “applicant” insert—
““appointed person” means a person appointed by the Secretary of State under section 65 (appointment of members, and lead member, of Panel) or 79 (appointment of single appointed person);”; and
(b)
(b) after the definition of “safety zones” insert—
““single appointed person” means a person appointed by the Secretary of State under section 79 (appointment of single appointed person);”.
(4) In regulation 5(2)(c) (applications for orders granting development consent) omit “, including in particular any divergences from the model provisions”.
(5) In regulation 11(3) (advice)—
(a)
(a) for “Commissioner” (in each place) substitute “appointed person”;
(b)
(b) for “section 51(1)” substitute “section 51”;
(c)
(c) in sub-paragraph (a) omit “or deciding” and after “relevant application;” insert “or”; and
(d)
(d) omit sub-paragraph (c) and the preceding “; or”.
(6) In box (4) in Schedule 2 (application form), for “falls within the remit of the Infrastructure Planning Commission” substitute “is, or is to be treated as, a development for which development consent is required under the Planning Act 2008”.
(7) In Schedules 3 (certificate under regulation 10) and 4 (notice under section 59) for “Infrastructure Planning Commission” and “IPC” (in each place) substitute “Secretary of State”.
Amendments to the Infrastructure Planning (Interested Parties) Regulations 2010
4.—(1) The Infrastructure Planning (Interested Parties) Regulations 20104are amended as follows.
(2) In regulation 2 (interpretation) in the definitions of “affected person” and “registration form” for “Commission” substitute “Secretary of State”.
(3) In regulation 3 (statutory party) for “section 102(3) (interpretation of Chapter 4: “interested party” and other expressions)” substitute “section 88(3A) (initial assessment of issues, and preliminary meeting)”.
(4) In the heading to the table in the Schedule, omit “to the examination of an application”.
Amendments to the Infrastructure Planning (Examination Procedure) Rules 2010
5.—(1) The Infrastructure Planning (Examination Procedure) Rules 20105are amended as follows.
(2) In those Rules, for “Commissioner” (in each place) substitute “appointed person” and for “Commission” (in each place) substitute “Secretary of State”.
(3) In rule 1(2) (citation, commencement and application) omit “and specified matters”.
(4) In rule 2 (interpretation)—
(a)
(a) in the definition of “assessor” for “chair to the Commission” substitute “Secretary of State;
(b)
(b) omit the definition of “decision-maker”;
(c)
(c) in the definition of “direction” for “paragraph 2(6) of Schedule 3” substitute “section 95A(2)”;
(d)
(d) in the definition of “Examining authority” for paragraph (b) substitute “the Secretary of State, in respect of those matters which are the subject of a direction by the Secretary of State under section 95A(2)”; and
(e)
(e) omit the definition of “specified matters”.
(5) In rule 4 (notice of appointment of a Panel or a single Commissioner)—
(a)
(a) in paragraphs (1) and (2)(b) for “chair” substitute “Secretary of State”;
(b)
(b) in paragraph (2) for the words “the chair must notify” to the end substitute “the Secretary of State must notify all interested parties of the Secretary of State’s decision”; and
(c)
(c) in paragraph (3)—
(i) for the words “The chair must notify” to “any other interested party,” substitute “The Secretary of State must notify all interested parties”; and
(ii) in sub-paragraph (b) for “section 112(1)” substitute “section 95A”.
(6) In rules 8(1) (timetable), 10(4) and (5) (written representations), 14(4) (procedure at hearings), 16(1) and (2) (site inspections) and 17(1) (further information) omit “or specified matters” (in each place).
(7) In rule 8 in paragraph (1)(b)(i) omit “, specified matters”.
(8) In rules 17(3) and 19 (procedure after completion of examination) for “decision-maker” in each place substitute “Secretary of State”.
(9) In rule 19—
(a)
(a) for paragraph (1) substitute “After the completion of its examination, the Examining authority must make a written report to the Secretary of State.”; and
(b)
(b) in paragraph (2)(a) omit “and any specified matters”.
(10) Omit rule 20(1) (procedure following quashing of decision).
(11) In the Schedule—
(a)
(a) in paragraph (1) in the definition of “appointed representative” for “paragraph 4(2) of Schedule 3” substitute “section 95A”;
(b)
(b) in paragraph (4)(2)(a) after “direction;” insert “and”; and
(c)
(c) omit paragraph (4)(2)(b).
Amendments to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010
6.—(1) The Infrastructure Planning (Compulsory Acquisition)...
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