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Part 1Infrastructure

Chapter 1Nationally significant infrastructure projects

1National policy statements: review

(1)

Section 6 of the Planning Act 2008 (review) is amended as set out in subsections (2) to (5).

(2)

For subsection (1) substitute—

“(1)

The Secretary of State—

(a)

must review each national policy statement whenever the Secretary of State thinks it appropriate to do so, and

(b)

in any event, must carry out a full review of each national policy statement at times that enable the Secretary of State to comply with subsection (5A).”

(3)

In subsection (2), at the end insert “, and in this section a “full review” means a single review relating to all of a national policy statement”.

(4)

After subsection (4) insert—

“(4A)

Whenever the Secretary of State decides to review a national policy statement, the Secretary of State must lay a statement before Parliament announcing the review.”

(5)

After subsection (5) insert—

“(5A)

But, unless and until a statement’s designation as a national policy statement is withdrawn—

(a)

the Secretary of State must amend each national policy statement within the initial period (see section 6ZA), and

(b)

the Secretary of State must subsequently amend each national policy statement at intervals of no more than five years.

(5B)

An amendment of a national policy statement counts for the purposes of subsection (5A) only if the amendment arises from a full review of the statement.

(5C)

An amendment of a national policy statement that is required by subsection (5A) to be made by a certain time may be delayed beyond that time only if and for so long as exceptional circumstances exist which, in the opinion of the Secretary of State, make the delay unavoidable.

(5D)

In that case the Secretary of State must, before the deadline for amending the national policy statement, lay a statement before Parliament explaining the reasons for the extension and stating when the Secretary of State expects to amend the national policy statement.”

(6)

After section 6 of the Planning Act 2008 insert—

“6ZAReview: supplementary

(1)

Subsections (2) to (5) explain what is meant by “the initial period” in section 6(5A)(a).

(2)

In the case of a national policy statement that is designated on or after the relevant date, the initial period is the period of five years beginning with the date of designation.

(3)

In the case of a national policy statement that—

(a)

was designated before the relevant date, and

(b)

was amended before the relevant date,

the initial period is the period of five years beginning with the date of the amendment or, if an amendment was made on more than one occasion before the relevant date, the date of the latest such amendment.

(4)

In the case of a national policy statement that—

(a)

was designated within the period of five years ending with the relevant date, and

(b)

was not amended before the relevant date,

the initial period is the period of five years beginning with the date of designation.

(5)

In the case of a national policy statement that—

(a)

was designated before the beginning of the period of five years ending with the relevant date, and

(b)

was not amended before the relevant date,

the initial period is the period of two years beginning with the relevant date.

(6)

Section 6(5) applies in relation to a full review of a national policy statement within subsection (5) of this section carried out within the initial period as if the option in section 6(5)(c) (leave the statement as it is) was not available to the Secretary of State following that review.

(7)

In this section—

“full review” has the meaning given by section 6(2);

“the relevant date” means the date on which section 6(5A) comes into force.”

2National policy statements: parliamentary requirements

(1)

Part 2 of the Planning Act 2008 (national policy statements) is amended as set out in subsections (2) and (3).

(2)

In section 6 (review)—

(a)

in subsection (7)(b)(i), omit “under section 9(8)”;

(b)

in subsection (7A), omit “under section 9(8)”;

(c)

after subsection (9) insert—

“(10)

In subsections (7)(b)(i) and (7A), references to an amendment being laid before Parliament are references to—

(a)

in the case of an amendment that is, or is included in, a proposal to which subsections (4) to (8) of section 9 do not apply (see section 9(8A)), the amendment being laid under section 9(2);

(b)

in any other case, the amendment being laid under section 9(8).”

(3)

In section 9 (parliamentary requirements)—

(a)

after subsection (8) insert—

“(8A)

Subsections (4) to (8) do not apply in relation to the proposal if it—

(a)

is an amendment within subsection (11), or

(b)

consists only of amendments within that subsection.”;

(b)

in subsection (9)—

(i)

for “subsection (8)”, in each place, substitute “the laying requirement”;

(ii)

in paragraph (b), after “5(4)(a)” insert “or 6(7)(a)”;

(c)

in subsection (10), for “subsection (8)” substitute “the laying requirement”;

(d)

after subsection (10) insert—

“(11)

An amendment is within this subsection if it is an amendment proposed to a national policy statement in order to reflect—

(a)

published Government policy that is relevant to development of a description to which the statement relates,

(b)

the amendment, revocation or repeal of legislation referred to in the statement, or the amendment, revocation, repeal or coming into force of legislation relevant to development of a description to which the statement relates,

(c)

a change (not within paragraph (a) or (b)) to a published document referred to in the statement, or

(d)

a decision of a court in proceedings referred to in section 13 or 118, or other proceedings, so far as relevant to the interpretation of the statement or legislation referred to in the statement.

(12)

In subsection (11), “legislation” means an Act or an instrument made under an Act.

(13)

In this section, “the laying requirement” means—

(a)

if the proposal is one to which subsections (4) to (8) do not apply, subsection (2);

(b)

otherwise, subsection (8).”

(4)

The amendments made by this section apply in relation to amendments proposed to be made to a national policy statement that arise from a review of the statement completed or begun before (as well as after) the date on which this section comes into force.

3Projects relating to water

(1)

Part 3 of the Planning Act 2008 (nationally significant infrastructure projects) is amended as set out in subsections (2) to (4).

(2)

In section 27 (dams and reservoirs)—

(a)

in subsection (1)(b), after “by” insert “, or by a person appointed by,”;

(b)

in subsection (2)(b), after “by” insert “, or by a person appointed by,”;

(c)

after subsection (3) insert—

“(4)

In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.”

(3)

In section 28 (transfer of water resources)—

(a)

in subsection (1)(a), after “by” insert “, or by a person appointed by,”;

(b)

after subsection (2) insert—

“(3)

In this section, the reference to “a person appointed by” a water undertaker includes a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.”

(4)

In section 28A (desalination plants)—

(a)

in subsection (1)(b), after “by” insert “, or by a person appointed by,”;

(b)

in subsection (2)(b), after “by” insert , or by a person appointed by,”;

(c)

after subsection (3) insert—

“(4)

In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.”

(5)

The amendments made by this section do not apply in relation to a project where, before the day on which this section comes into force—

(a)

consent for the project was required, or otherwise provided for, by or under an enactment other than section 31 of the Planning Act 2008 (requirement for development consent in relation to development that is or forms part of a nationally significant infrastructure project), and

(b)

any steps provided for by or under the enactment in question, to obtain that consent, had been taken.

(6)

In subsection (5), “consent” means any consent, approval, permission, authorisation, confirmation, direction or decision (however described, given or made).

(1)

The Planning Act 2008 is amended as set out in subsections (2) to (4).

(2)

In section 31 (when development consent is required)—

(a)

the existing text becomes subsection (1);

(b)

after that subsection insert—

“(2)

But see section 35B (power for the Secretary of State to give a direction disapplying the requirement for development consent).”

(3)

In section 35ZA (directions under section 35), after subsection (10) insert—

“(10A)

The Secretary of State must publish a direction under section 35(1) or subsection (3) of this section.”

(4)

After section 35A insert—

“35BDirections disapplying requirement for development consent

(1)

The Secretary of State may give a direction that development consent is not required for development specified in the direction.

This is subject to subsections (2) and (4).

(2)

The Secretary of State may give a direction only if—

(a)

the Secretary of State considers that it is appropriate for an alternative consenting regime to apply in relation to the development, rather than this Act,

(b)

no application for an order granting development consent for the development has been made, and

(c)

the development will (when completed) be wholly in one or more of the areas specified in subsection (3).

(3)

The areas are—

(a)

England or waters adjacent to England up to the seaward limits of the territorial sea;

(b)

in the case of development that is or forms part of a project for the carrying out of works in the field of energy, a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.

(4)

The Secretary of State may give a direction only if—

(a)

the conditions in subsection (5) are satisfied,

(b)

the conditions in subsection (6) are satisfied,

(c)

the Secretary of State is the person who proposes to carry out the development, or

(d)

the Secretary of State considers that the appropriate alternative consenting regime for the development is that under section 59 of TCPA 1990 (development orders).

(5)

The conditions referred to in subsection (4)(a) are that—

(a)

the Secretary of State receives a written request for a direction from a qualifying person,

(b)

the request specifies the development to which it relates,

(c)

the request identifies the appropriate alternative consenting regime for the development,

(d)

the request explains why the person making the request considers that it is appropriate for that alternative consenting regime to apply in relation to the development, and

(e)

the request includes evidence showing that the alternative consenting authority is aware of the intention to request a direction specifying the development.

(6)

The conditions referred to in subsection (4)(b) are that—

(a)

the Secretary of State receives a written request for a direction from a person who has power to make a local development order, a Mayoral development order or a simplified planning zone scheme,

(b)

the request specifies the development to which it relates, and

(c)

the request indicates that the person making the request considers that the appropriate alternative consenting regime for the development is that under section 61A (local development orders), 61DA (Mayoral development orders) or 82 (simplified planning zone schemes) of TCPA 1990 (as the case may be), giving reasons for that view.

(7)

The condition in subsection (2)(b) is to be regarded as met in relation to development if an application for an order granting development consent for the development is made during the period beginning with the day on which this Act is passed and ending with the day on which this section comes into force.

(8)

For the purposes of this section—

(a)

an “alternative consenting regime” for development means a regime set out in legislation other than this Act under which, if development consent were not required for the development, a specified person would have power to authorise the development, and

(b)

the person referred to in paragraph (a) is the “alternative consenting authority” in relation to that regime.

(9)

In this section—

“direction” means a direction under subsection (1);

“legislation” means an Act or an instrument made under an Act;

“local development order” has the meaning given in section 61A of TCPA 1990;

“Mayoral development order” has the meaning given in section 61DA of TCPA 1990;

“qualifying person” means—

(a)

a person who proposes to carry out any of the development to which the request relates;

(b)

a person who, if a direction were given specifying the development, proposes to apply to an alternative consenting authority in relation to the development;

“simplified planning zone scheme” has the same meaning as in TCPA 1990 (see section 82 of that Act).

35CDirections under section 35B: supplementary

(1)

In this section “direction” means a direction under section 35B(1).

(2)

Subsection (3) applies if—

(a)

the Secretary of State decides to give a direction that has been requested as described in section 35B(5), and

(b)

a person proposed (before or after that section came into force) to make an application for an order granting development consent for the development to which the request relates.

(3)

The direction may include provision—

(a)

for the proposed application to be treated as a proposed application to a specified alternative consenting authority;

(b)

for specified provisions of legislation governing an alternative consenting regime—

(i)

to have effect in relation to the proposed application with any specified modifications;

(ii)

to be treated as having been complied with in relation to the proposed application.

(4)

In the application of subsection (3) to a direction that is to specify development for which an application seeking development consent has been made (see section 35B(7)), references to the proposed application include references to the application.

(5)

If the Secretary of State receives a request for a direction as described in section 35B(5) or (6), the Secretary of State must give reasons for the decision to give or not to give the requested direction to the person who made the request.

(6)

The Secretary of State must publish a direction.

(7)

In this section, the following expressions have the same meaning as in section 35B—

“alternative consenting authority”,

“alternative consenting regime”, and

“legislation”.

35DTimetable for deciding request for direction under section 35B

(1)

The Secretary of State may by regulations—

(a)

make provision about time limits for decisions about whether to give directions under section 35B(1) following qualifying requests (including provision for the extension of any prescribed period in prescribed circumstances);

(b)

make provision for and in connection with the provision of information to the Secretary of State for the purposes of such decisions.

(2)

In this section “qualifying request” means a request in relation to which the conditions in section 35B(5) or (6) are satisfied.”

(5)

In the Electricity Act 1989, in section 36 (consent required for construction etc of generating stations)—

(a)

after subsection (1A) insert—

“(1AA)

Subsection (1) does not apply to the construction or extension of a generating station in England if the construction or extension constitutes development specified in a direction under section 35B(1) of the Planning Act 2008 (direction disapplying requirement for development consent).”;

(b)

after subsection (11) insert—

“(12)

In subsection (1AA) “England” does not include waters in England (nor waters adjacent to England).”

(6)

In the Marine and Coastal Access Act 2009, in section 12 (certain consents under section 36 of the Electricity Act 1989)—

(a)

in subsection (2), in the words after paragraph (c), for “subsections (3) and (4)” substitute “subsection (3)”;

(b)

omit subsection (4).

Omit the following sections of the Planning Act 2008—

(a)

section 42 (duty to consult);

(b)

section 43 (local authorities for purposes of section 42(1)(b));

(c)

section 44 (categories for purposes of section 42(1)(d));

(d)

section 45 (timetable for consultation under section 42);

(e)

section 47 (duty to consult local community);

(f)

section 49 (duty to take account of responses to consultation and publicity).

(1)

The Planning Act 2008 is amended as set out in subsections (2) to (9).

(2)

In section 37 (applications for orders granting development consent)—

(a)

in subsection (3)—

(i)

insert “and” at the end of paragraph (b);

(ii)

omit paragraph (c) (together with the final “and”);

(b)

omit subsections (7) and (8).

(3)

In section 39 (register of applications), in subsection (4)—

(a)

insert “and” at the end of paragraph (a);

(b)

omit paragraph (b) (together with the final “and”).

(4)

In section 41 (Chapter applies before application is made), in subsection (1), at the end insert “(and “applicants” is to be construed accordingly)”.

(5)

In section 46 (duty to notify Secretary of State of proposed application)—

(a)

for subsection (1) substitute—

“(1)

The applicant must supply to the Secretary of State—

(a)

the information specified in subsection (1C), and

(b)

such further information as may be prescribed.

(1A)

The applicant must supply to each host local authority—

(a)

the information specified in subsection (1C), and

(b)

such further information as may be prescribed.

(1B)

In any case where the proposed development would affect, or would be likely to affect, any of the areas specified in subsection (5), the applicant must supply to the Marine Management Organisation—

(a)

the information specified in subsection (1C), and

(b)

such further information as may be prescribed.

(1C)

The information referred to in subsections (1)(a), (1A)(a) and (1B)(a) is as follows—

(a)

the applicant’s name and address,

(b)

a statement that the applicant intends to apply for an order granting development consent,

(c)

a statement about why development consent is required for the proposed development, specifying the relevant provision of Part 3 (or referring to a direction that has been given under section 35), and

(d)

a summary of the proposed application, specifying the location or route of the proposed development.”;

(b)

omit subsection (2);

(c)

after subsection (2) insert—

“(3)

A local authority is a “host local authority” if the land is in the authority’s area.

(4)

In this section “local authority” means—

(a)

a county council, or district council, in England;

(b)

a London borough council;

(c)

the Common Council of the City of London;

(d)

the Council of the Isles of Scilly;

(e)

a county council, or county borough council, in Wales;

(f)

a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

(g)

a National Park authority;

(h)

the Broads Authority.

(5)

The areas referred to in subsection (1B) are—

(a)

waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)

an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)

a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)

an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.”;

(d)

in the heading, after “Secretary of State” insert “and others”.

(6)

In section 48 (duty to publicise), omit subsection (2).

(7)

For section 50 substitute—

“50Guidance about pre-application steps

(1)

Applicants must have regard to any guidance issued by the Secretary of State to assist them in complying with section 48.

(2)

The Secretary of State must issue guidance to assist applicants, setting out what the Secretary of State considers to be best practice in terms of the steps they might take in relation to a proposed application in readiness for submitting an actual application.”

(8)

In section 52 (obtaining information about interests in land), in subsection (1), for “provisions of, or made under, Chapter 2 of this Part or” substitute “regulations made under section 37 or with provisions of, or made under,”.

(9)

In Schedule 12 (application of Act to Scotland: modifications), omit paragraph 5.

(10)

In the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/572)—

(a)

in regulation 3(1), in the definition of “the consultation bodies”—

(i)

in paragraph (a), omit “prescribed under section 42(1)(a) (duty to consult) and”;

(ii)

in paragraph (a), for “column 2” substitute “column 3”;

(iii)

at the end of paragraph (a) insert “(reading references to applications as references to proposed applications, where the context requires)”;

(iv)

in paragraph (b), for “section 43 (local authorities for purposes of section 42(1)(b))” substitute “section 56A (local authorities for purposes of sections 56(2)(b) and 60(2)(a))”;

(b)

in regulation 8(1), for “carrying out consultation under section 42 (duty to consult)” substitute “publicising the proposed application under section 48,”;

(c)

omit regulation 12 (consultation statement requirements).

(11)

Omit—

(a)

section 23(2), (3) and (4) of the Marine and Coastal Access Act 2009;

(b)

the following provisions of the Localism Act 2011—

(i)

section 133;

(ii)

section 134;

(iii)

section 135(8);

(iv)

paragraphs 8(2) and 9 of Schedule 13.

(1)

The Planning Act 2008 is amended as set out in subsections (2) to (8).

(2)

Section 55 (acceptance of applications) is amended as set out in subsections (3) to (7).

(3)

In subsection (3)—

(a)

after paragraph (c) insert—

“(ca)

that the applicant has complied with section 46 (duty to notify Secretary of State and others of proposed application), and”;

(b)

omit paragraph (e).

(4)

For subsection (4) substitute—

“(4)

The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(f), must take into account—

(a)

the extent to which the application complies with section 37(3) (form and contents of application),

(b)

the extent to which any applicable guidance under section 37(4) has been followed in relation to the application,

(c)

the extent to which the application complies with any standards set under section 37(5) (standards for documents etc accompanying application),

(d)

the applicant’s approach to satisfying section 48 (duty to publicise), and

(e)

the extent to which the applicant has had regard to any advice given under section 51 in connection with the application (or the proposed application that has become the application).

(4A)

In considering the matter in subsection (4)(d), the Secretary of State must take into account the extent to which the applicant has had regard to any guidance under section 50(1).”

(5)

Omit subsection (5).

(6)

Omit subsection (5A).

(7)

For subsections (6) and (7) substitute—

“(6)

The Secretary of State must notify the applicant of the decision under subsection (2).

(7)

If the Secretary of State decides under subsection (2) not to accept the application, the Secretary of State must—

(a)

prepare a statement of the Secretary of State’s reasons for that decision,

(b)

provide a copy of the statement to the applicant, and

(c)

publish the statement in such form and manner as the Secretary of State thinks appropriate.”

(8)

In section 118 (legal challenges relating to applications for orders granting development consent), in subsection (3)(b), for “notifies the applicant as required by subsection (7)” substitute “provides the copy of the statement of reasons for the decision to the applicant as required by subsection (7)(b)”.

(9)

In consequence of the amendment in subsection (6), omit section 137(4) of the Localism Act 2011.

(1)

The Planning Act 2008 is amended as follows.

(2)

In section 60 (local impact reports), after subsection (5) insert—

“(6)

In preparing a local impact report, an authority must have regard to any relevant guidance issued by the Secretary of State.

(7)

But that duty does not apply to an authority for an area that is in Scotland.”

(3)

After section 96 insert—

“96ARepresentations from public authorities

(1)

In making any representations about the application (oral or written), a relevant public authority must have regard to any guidance issued by the Secretary of State to assist such authorities in making representations for the purposes of the examination of an application.

(2)

“Relevant public authority” means a public authority within any of paragraphs (a) to (c) of section 56(2), except—

(a)

the Scottish Ministers,

(b)

a Northern Ireland department, or

(c)

any other public authority whose functions are exercisable only in or as regards Scotland or Northern Ireland.”

(1)

In section 89 of the Planning Act 2008 (Examining authority’s decisions about how application is to be examined), in subsection (1), after “light of” insert “the assessment under section 88(1) and”.

(2)

In section 97 of that Act (procedure rules), after subsection (5) insert—

“(5A)

Power under this section to make rules includes power to make transitional provision.”

(3)

The amendment made by subsection (1) applies in relation to every application in respect of which the assessment under section 88(1) of the Planning Act 2008 is made on or after the date on which subsection (1) comes into force (whenever the application was made or accepted).

(1)

The Planning Act 2008 is amended as follows.

(2)

In section 95 (hearings: disruption etc)—

(a)

omit subsections (4) and (5);

(b)

in the heading, omit “, supervision and costs”.

(3)

After section 96A (inserted by section 8) insert—

“96BCosts

(1)

The Examining authority may make orders about—

(a)

the costs of any person who—

(i)

is an interested party in relation to the application, or

(ii)

makes a written representation to the Examining authority about the application;

(b)

the person or persons who must pay the costs.

(2)

Every such order may be made a rule of the High Court on the application of any person named in the order.”

11Planning Act 2008: right to enter and survey land

(1)

Section 53 of the Planning Act 2008 (rights of entry) is amended as set out in subsections (2) to (7).

(2)

In subsection (1), for “Any person duly authorised in writing by the Secretary of State” substitute “An authorised person”.

(3)

After subsection (1A) insert—

“(1B)

In subsection (1) “authorised person” means a person who is authorised in writing to exercise the power in that subsection on behalf of—

(a)

a person who has made an application for an order granting development consent that has been accepted by the Secretary of State,

(b)

a person who proposes to make an application for an order granting development consent, or

(c)

a person who has been granted the benefit of an order granting development consent of a kind specified in subsection (1)(c).”

(4)

Omit subsection (2).

(5)

In subsection (4)—

(a)

in the words before paragraph (a), for “authorised under subsection (1) to enter any land” substitute “acting in the exercise of a power of entry onto any land conferred under subsection (1)”;

(b)

insert “and” at the end of paragraph (a);

(c)

in paragraph (b)—

(i)

for “any land which is occupied” substitute “the land”;

(ii)

for “the occupier” substitute “every owner or occupier of the land”;

(d)

omit “and” at the end of paragraph (b);

(e)

omit paragraph (c).

(6)

After subsection (4) insert—

“(4A)

Notice given in accordance with subsection (4)(b) must include prescribed information.

(4B)

A justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred under subsection (1) if satisfied—

(a)

that another person has prevented or is likely to prevent the exercise of that power, and

(b)

that it is reasonable to use force in the exercise of that power.

(4C)

The force that may be authorised by a warrant is limited to that which is reasonably necessary.

(4D)

A warrant authorising the person to use force must specify the number of occasions on which the person can rely on the warrant when entering land.

(4E)

The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the entry is required.

(4F)

Any evidence in proceedings for a warrant must be given on oath.”

(7)

After subsection (8) insert—

“(8A)

Section 4 of the Land Compensation Act 1961 (costs) applies to the determination of a question referred under subsection (8) as it applies to the determination of a question under section 1 of that Act, but as if references to the acquiring authority were references to the person from whom compensation is claimed.”

(8)

In paragraph 7 of Schedule 12 to the Planning Act 2008 (application of Act to Scotland: modifications of section 53)—

(a)

after paragraph (za) insert—

“(zb)

in subsections (4B) and (4E), the references to a justice of the peace were references to a sheriff or summary sheriff,”;

(b)

omit “and” at the end of paragraph (b);

(c)

after paragraph (b) insert—

“(ba)

in subsection (8A)—

(i)

the reference to section 4 of the Land Compensation Act 1961 were a reference to sections 9 and 11 of the Land Compensation (Scotland) Act 1963, and

(ii)

the reference to section 1 of the Land Compensation Act 1961 were a reference to section 8 of the Land Compensation (Scotland) Act 1963, and”.

(9)

In the Localism Act 2011—

(a)

omit section 136(4);

(b)

in paragraph 12 of Schedule 13—

(i)

in sub-paragraph (2), omit “and (2)”;

(ii)

omit sub-paragraph (3).

(1)

Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders granting development consent) is amended as set out in subsections (2) to (4).

(2)

Omit paragraph 2 (non-material changes to orders granting development consent) and the italic heading before it.

(3)

In paragraph 3 (changes to, and revocation of, orders)—

(a)

in sub-paragraph (3)(b), omit “or paragraph 2 of this Schedule”;

(b)

in sub-paragraph (5A), after “should” insert “, when considered in conjunction with any other changes already made,”.

(4)

In paragraph 4 (changes to, and revocation of, orders: supplementary), after sub-paragraph (6) insert—

“(6A)

If a development consent order is changed in exercise of the power conferred by paragraph 3(1), the development consent order continues in force.

(6B)

If a development consent order is changed or revoked in the exercise of the power conferred by paragraph 3(1), the change or revocation takes effect on—

(a)

the date on which the order making the change or revocation is made, or

(b)

if the order specifies a date on which the change or revocation takes effect, the specified date.

(6C)

Except in a case within sub-paragraph (7), the Secretary of State must publish an order making a change to, or revoking, a development consent order in such manner as the Secretary of State thinks appropriate.”

(5)

In section 118 of the Planning Act 2008 (legal challenges)—

(a)

omit subsection (5);

(b)

in subsection (6)(b), for “notice of the change or revocation” to the end substitute “the order making the change or revocation is published.”

(6)

In consequence of the amendment in subsection (2), omit—

(a)

paragraph 4(6)(a) of Schedule 8 to the Marine and Coastal Access Act 2009,

(b)

paragraph 72(4) to (7) of Schedule 13 to the Localism Act 2011,

(c)

section 28(2) of the Infrastructure Act 2015,

(d)

paragraph 8(3)(b)(i) of Schedule 7 to the Wales Act 2017, and

(e)

section 128 of the Levelling-up and Regeneration Act 2023.

13Planning Act 2008: legal challenges

(1)

In the Senior Courts Act 1981, in subsection (1) of section 18 (restrictions on appeals to Court of Appeal), after paragraph (c) insert—

“(ca)

from a refusal of permission to apply for judicial review in a case within section 13 or 118 of the Planning Act 2008 (proceedings relating to national policy statements or development consent), if the High Court decides that the application for permission to apply for judicial review is totally without merit;”.

(2)

The power to make Civil Procedure Rules must be exercised so as to secure that Civil Procedure Rules include—

(a)

provision requiring an application for permission to apply for judicial review in a case within section 13 or 118 of the Planning Act 2008 (proceedings relating to national policy statements or development consent) to be decided at an oral hearing;

(b)

provision that the court may, at the oral hearing of such an application, decide that the application is totally without merit.

Chapter 2Electricity infrastructure

Connections to the electricity transmission and distribution systems

14Connections to electricity network: licence and other modifications

(1)

A relevant authority may modify—

(a)

the conditions of a particular electricity licence;

(b)

the terms of a particular electricity licence;

(c)

the standard conditions of electricity licences of a particular type;

(d)

a document maintained in accordance with the conditions of an electricity licence;

(e)

an agreement entered into in pursuance of a document maintained as mentioned in paragraph (d);

(f)

a qualifying distribution agreement.

(2)

A relevant authority may exercise the power under subsection (1) only for the purpose of improving the process for managing connections to the transmission system or the distribution system (and such an improvement may include changing the order in which connections are made).

(3)

The Secretary of State may direct the GEMA to exercise the power under subsection (1).

(4)

The Secretary of State may exercise the power under subsection (3) only for the purpose mentioned in subsection (2).

(5)

The power conferred by subsection (1) may not be exercised after the end of the period of three years beginning with the day on which this section comes into force.

(6)

Section 3A of the Electricity Act 1989 (principal objective and general duties) applies in relation to the functions of the Secretary of State and the GEMA under this section and sections 15 to 17 as it applies in relation to functions of the Secretary of State or the GEMA under Part 1 of that Act.

(7)

A relevant authority may under subsection (1) modify an agreement mentioned in subsection (1)(e) or a qualifying distribution agreement even if the effect of the modification might amount to a repudiation of the agreement.

(8)

In this section and sections 15 to 17—

“distribution system” has the same meaning as in Part 1 of the Electricity Act 1989 (see the definition of “distribute” in section 4(4) of that Act);

“electricity distributor” has the same meaning as in Part 1 of that Act (see section 6(9) of that Act);

“electricity licence” means a licence for the purposes of section 4 of that Act;

“the GEMA” means the Gas and Electricity Markets Authority;

“qualifying distribution agreement” means—

(a)

the terms subject to which a connection is made by an electricity distributor in pursuance of section 16(1) of the Electricity Act 1989, or

(b)

a special connection agreement as defined by section 22(1) of that Act;

“relevant authority” means the Secretary of State or the GEMA;

“transmission system” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 4(4) of that Act).

15Scope of modification power under section 14

(1)

The power conferred by section 14(1) to “modify” includes power to amend, add to or remove (and, in particular, includes power to make a person a party to an agreement or to discharge a party from its obligations under an agreement); and references in section 14, this section and section 16 to modification are to be construed accordingly.

(2)

The power conferred by section 14(1)—

(a)

may be exercised generally, only in relation to specified cases, or subject to exceptions (including by making provision for a case to be excepted only so long as specified conditions are satisfied);

(b)

may be exercised differently for different purposes or areas;

(c)

includes power to make incidental, supplementary, consequential or transitional modifications.

(3)

Provision included in an electricity licence by virtue of section 14(1)(a) or (c)—

(a)

may include provision of a kind mentioned in section 7 of the Electricity Act 1989;

(b)

need not relate to the activities authorised by the licence.

(4)

The modification under section 14(1) of part of a standard condition of an electricity licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of Part 1 of the Electricity Act 1989.

(5)

If under section 14(1) a relevant authority modifies the standard conditions of an electricity licence of a particular type, the GEMA must make the same modifications of those standard conditions for the purposes of their incorporation in electricity licences of that type granted after that time.

(6)

Provision included in an electricity licence by virtue of section 14(1)(b) may in particular include provision about the circumstances in which the licence may be revoked or suspended.

(7)

Provision included in an agreement by virtue of section 14(1)(e) or (f) may in particular include provision—

(a)

requiring specified conditions to be met before the taking of particular steps under the agreement;

(b)

about the procedure for varying the agreement.

(8)

In section 33 of the Utilities Act 2000 (standard conditions of electricity licences), in subsection (1)—

(a)

omit the “or” at the end of paragraph (k), and

(b)

at the end insert “, or

(m)

under section 14 of the Planning and Infrastructure Act 2025.”

16Procedure relating to modifications under section 14

(1)

Before making a modification under section 14, a relevant authority must consult—

(a)

the holder of any electricity licence proposed to be modified,

(b)

the Independent System Operator and Planner,

(c)

the GEMA or the Secretary of State (depending on which relevant authority is proposing to make the modification), and

(d)

such other persons as the relevant authority considers appropriate.

(2)

Subsection (1) may be satisfied by consultation carried out before the passing of this Act (as well as by consultation carried out after that time).

(3)

A relevant authority must publish details of any modifications made by it under section 14 as soon as reasonably practicable after they are made.

(4)

A relevant authority may exclude from publication under subsection (3) any information the publication of which would be likely to prejudice the commercial interests of any person.

(5)

In this section, “the Independent System Operator and Planner” means the person for the time being designated under section 162(1) of the Energy Act 2023.

17Directions to modify connection agreements

(1)

A relevant authority may—

(a)

direct the Independent System Operator and Planner (“the ISOP”) to modify an agreement entered into by the ISOP pursuant to a document maintained in accordance with the conditions of an electricity licence;

(b)

direct an electricity distributor to modify a qualifying distribution agreement entered into by the electricity distributor.

(2)

A relevant authority may exercise the power conferred by subsection (1) only for the purpose of improving the process for managing connections to the transmission system or the distribution system (and such an improvement may include changing the order in which connections are made).

(3)

A direction under subsection (1) must describe the kinds of modification to be made by the person to whom it is given.

(4)

A direction under subsection (1) may also require the person to whom it is given to modify an agreement by including in it provision—

(a)

requiring specified conditions to be met before the taking of particular steps under the agreement;

(b)

about the procedure for varying the agreement.

(5)

A direction under subsection (1) may be expressed as having effect generally, in relation to cases within a description specified in the direction, or in relation to a particular case.

(6)

Before giving a direction under subsection (1), the relevant authority must consult—

(a)

the person to whom it proposes to give the direction, and

(b)

such other persons as the relevant authority considers appropriate.

(7)

Subsection (6) may be satisfied by consultation carried out before the passing of this Act (as well as by consultation carried out after that time).

(8)

A relevant authority must publish details of any direction it gives under subsection (1) as soon as reasonably practicable after the direction is given.

(9)

A relevant authority may exclude from publication under subsection (8) any information the publication of which would be likely to prejudice the commercial interests of any person.

(10)

A person to whom a direction is given under subsection (1) must comply with it, even if the effect of a modification made to an agreement as a result of the direction might amount to a repudiation of the agreement.

(11)

The power to give a direction under subsection (1) may not be exercised after the end of the period of three years beginning with the day on which this section comes into force.

(12)

A direction under subsection (1) may be varied or revoked by a subsequent direction given by a relevant authority.

(13)

In this section—

“the Independent System Operator and Planner” means the person for the time being designated under section 162(1) of the Energy Act 2023;

“modify” includes amend, add to and remove (and, in particular, includes making a person a party to an agreement and discharging a party from its obligations under an agreement).

(14)

In Schedule 6A to the Electricity Act 1989 (provisions imposing obligations enforceable as relevant requirements)—

(a)

in paragraph 4A (electricity system operator), after sub-paragraph (c) insert—

“(d)

section 17(10) of the Planning and Infrastructure Act 2025 (duty to comply with direction under section 17 of that Act).”;

(b)

in paragraph 5 (distribution licence holders), after sub-paragraph (g) insert—

“(h)

section 17(10) of the Planning and Infrastructure Act 2025 (duty to comply with direction under section 17 of that Act).”

18Managing connections to the network: strategic plans etc

(1)

In Part 5 of the Energy Act 2023 (Independent System Operator and Planner), after section 165 insert—

“165AFunctions relating to network connections: duty to have regard to designated plans

(1)

The ISOP must, when carrying out any of its functions relating to the management of connections to the transmission system, have regard to the designated strategic plans.

(2)

The Secretary of State may by regulations designate plans or documents for the purposes of this section.

(3)

In subsection (1), the reference to “the designated strategic plans” is a reference to those plans or documents designated by regulations under subsection (2) as they have effect at the time when the regulations are made.”

(2)

Part 1 of the Electricity Act 1989 (electricity supply) is amended as set out in subsections (3) to (5).

(3)

In section 16 (duty to connect on request)—

(a)

after subsection (2) insert—

“(2A)

In deciding how to comply with the duties under this section, and in particular in deciding how to prioritise persons requiring a connection, an electricity distributor must have regard to the designated strategic plans.”;

(b)

at the end insert—

“(6)

In this section, “the designated strategic plans” means the plans or documents designated by regulations made under section 165A(2) of the Energy Act 2023 (functions of the Independent System Operator and Planner relating to network connections).”

(4)

In section 17 (exceptions from duty to connect), in subsection (1)—

(a)

omit the “or” at the end of paragraph (b);

(b)

after paragraph (b) insert—

“(ba)

it would not be in accordance with the designated strategic plans (within the meaning of section 16) for the distributor to do so; or”.

(5)

In Schedule 6A (provisions imposing obligations enforceable as relevant requirements), in paragraph 4A (electricity system operator), in paragraph (c), for “165” substitute “165A”.

Consents for electricity infrastructure in Scotland

19Consents for generating stations and overhead lines: applications

(1)

Schedule 8 to the Electricity Act 1989 (consents of the Secretary of State and the Scottish Ministers under sections 36 and 37) is amended as follows.

(2)

After paragraph 1 insert—

“Applications made to the Scottish Ministers for consent

1A

(1)

The Secretary of State or the Scottish Ministers may by regulations make provision about the following matters in relation to applications to the Scottish Ministers for consent under section 36 or 37.

(2)

The matters are—

(a)

the steps a person must take before making an application;

(b)

the information that must be included in an application;

(c)

an acceptance stage, during which the Scottish Ministers must assess an applicant’s compliance with any requirements imposed by the regulations in order to decide whether or not to accept the application;

(d)

fees to be paid to the Scottish Ministers—

(i)

on application, or

(ii)

for anything done by them in relation to a proposed application;

(e)

requests by the Scottish Ministers for additional information to aid their decision whether or not to accept an application or to grant consent.

(3)

The steps that may be the subject of provision made by virtue of sub-paragraph (2)(a) include—

(a)

notifying prescribed persons of the proposed application,

(b)

publicising the proposed application, and

(c)

carrying out a consultation about the proposed application.”

(3)

In paragraph 2 (objections by relevant planning authority)—

(a)

in sub-paragraph (1), for “Secretary of State for his” substitute “appropriate authority for a”;

(b)

in sub-paragraph (2), at the beginning insert “In the case of an application made to the Secretary of State,”;

(c)

after sub-paragraph (2) insert—

“(2A)

In the case of an application made to the Scottish Ministers, where the relevant planning authority notify the Scottish Ministers that they object to the application and their objection is not withdrawn, the Scottish Ministers—

(a)

must appoint a person (referred to in this Schedule as the “reporter”) to examine the application, and

(b)

before determining whether to give their consent, must consider the objection and the reporter’s final report.

See paragraph 2A for the process that must be followed by the reporter.”;

(d)

in sub-paragraph (4)—

(i)

after “(2)” insert “or (2A)”;

(ii)

for “Secretary of State” substitute “appropriate authority”;

(e)

in sub-paragraph (5), for “Secretary of State” substitute “appropriate authority”.

(4)

After paragraph 2 insert—

“Procedure following objection by relevant planning authority: Scotland

2A

(1)

A reporter appointed under paragraph 2(2A)(a) must make proposals as regards the appropriate procedure for examining the application.

(2)

The appropriate procedure may consist of one or more of the following—

(a)

considering—

(i)

the objection by the relevant planning authority,

(ii)

any other objections made in accordance with regulations under paragraph 3(1)(c), and

(iii)

any other representations made in accordance with an enactment;

(b)

considering new written representations about the application from persons specified by the reporter;

(c)

holding one or more hearing sessions;

(d)

carrying out an inspection of the land to which the application relates;

(e)

holding a public inquiry.

(3)

Where the reporter proposes a procedure that includes proceedings within sub-paragraph (2)(b), (c) or (e), the proposal must include a statement of the issues that are proposed to be within the scope of each of those proceedings.

(4)

The reporter must—

(a)

publish the proposals,

(b)

notify all interested parties of the proposals, and

(c)

invite written representations about the proposals before the end of the time period specified by the reporter.

(5)

The published proposals must include or be accompanied by an explanation of the reasons for the proposals.

(6)

The reporter may hold a meeting to hear representations about the proposals.

(7)

After considering the representations, the reporter must—

(a)

decide on the appropriate procedure for examining the application, and

(b)

publish that decision.

(8)

The published decision must include or be accompanied by an explanation of—

(a)

the reasons for the decision,

(b)

the intended time period for the carrying out of the procedure, and

(c)

the intended time period within which the reporter will send a final report to the Scottish Ministers.

(9)

Sub-paragraph (3) applies to the reporter’s decision as it applies to the reporter’s proposals.

(10)

On completing the examination, the reporter must prepare and send to the Scottish Ministers a final report setting out the reporter’s recommendations on the application.

(11)

In this paragraph, “interested party” means—

(a)

the applicant,

(b)

the relevant planning authority which made the objection under paragraph 2(2A),

(c)

any person who has made an objection in accordance with regulations under paragraph 3, or

(d)

any person who has made representations in accordance with any other enactment.

(12)

The Secretary of State or the Scottish Ministers may by regulations make provision amending or setting out further detail about the procedure set out in this paragraph. (See also paragraph 7B(2)(e).)

(13)

A statutory instrument containing regulations under this paragraph is not to be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(14)

Regulations made by the Scottish Ministers under this paragraph are subject to the affirmative procedure.”

(5)

After paragraph 7A insert—

“Applications to the Scottish Ministers: time limits

7B

(1)

The Secretary of State or the Scottish Ministers may by regulations specify a time limit for actions that may or must be taken in relation to an application to the Scottish Ministers for consent under section 36 or 37.

(2)

The regulations may, for example, specify a time limit for—

(a)

a person to comply with a requirement of regulations under paragraph 1A;

(b)

a person to respond to a pre-application consultation (see paragraph 1A(3)(c));

(c)

a person who is notified of an application in accordance with an enactment to provide their opinion or advice on the application;

(d)

a relevant planning authority to object to an application under paragraph 2(2A);

(e)

a reporter to take any steps required by paragraph 2A;

(f)

the Scottish Ministers to decide an application.

(3)

The regulations may include provision about the consequences of failure to comply with a time limit.

(4)

Where regulations under this paragraph specify a time limit for the completion of an acceptance stage (see paragraph 1A(2)(c)), the regulations may not permit the extension of that limit.”

(6)

The amendments made by subsection (3) do not affect the continued application in relation to the Scottish Ministers of regulations made under paragraph 2(3) of Schedule 8 to the Electricity Act 1989 before this section comes into force.

20Variation of consents etc

After section 37 of the Electricity Act 1989 insert—

“37AApplication for variation of section 37 consent: Scotland

(1)

The person for the time being entitled to the benefit of a section 37 consent that was granted by the Scottish Ministers may make an application to the Scottish Ministers for the consent to be varied.

(2)

The Secretary of State or the Scottish Ministers may by regulations make provision about variation under this section, including in particular provision about—

(a)

the making and withdrawal of applications;

(b)

fees;

(c)

publicity and consultation requirements;

(d)

rights to make representations;

(e)

public inquiries;

(f)

consideration of applications.

(3)

The regulations may provide for any statutory provision applicable to the grant by the Scottish Ministers of a section 37 consent to apply with specified modifications to the variation of a section 37 consent under this section.

(4)

On an application for a section 37 consent to be varied, the Scottish Ministers may make such variations to the consent as appear to them to be appropriate, having regard (in particular) to—

(a)

the applicant’s reason for seeking the variation;

(b)

the variations proposed;

(c)

any objections made to the proposed variations, the views of consultees and the outcome of any public inquiry.

(5)

In this section—

“section 37 consent” means a consent granted under section 37 (consent required for overhead lines);

“statutory provision” means a provision of or made under an Act, whenever passed or made; and for this purpose “Act” includes an Act of the Scottish Parliament.

37BVariation of section 36 and 37 consents on change of circumstances: Scotland

(1)

The Scottish Ministers may vary a consent under section 36 or 37 if—

(a)

they consider that the consent ought to be varied—

(i)

because of a change in circumstances relating to the environment, or

(ii)

because of technological changes, and

(b)

the person for the time being entitled to the benefit of the consent agrees to the variation.

(2)

The Secretary of State or the Scottish Ministers may by regulations make provision about variation under this section, including in particular provision about—

(a)

the procedure for getting agreement;

(b)

publicity, notification and consultation requirements;

(c)

rights to make representations.

(3)

The regulations may provide for any statutory provision applicable to the grant by the Scottish Ministers of a consent under section 36 or 37 to apply with specified modifications to the variation of such a consent under this section.

(4)

In this section, “statutory provision” has the same meaning as in section 37A.

37CCorrection of errors in consent documents: Scotland

(1)

The Scottish Ministers may amend a decision document in order to correct a correctable error.

(2)

In subsection (1)—

“correctable error” means an error or omission which—

(a)

is in a part of the decision document which records the decision, and

(b)

is not part of the statement of reasons for the decision;

“decision document” means—

(a)

a document recording a consent under section 36 or 37, or

(b)

a document recording a variation of such a consent.

(3)

The Scottish Ministers may exercise the power in subsection (1) either of their own accord or following a written request from a person for the time being entitled to the benefit of the consent.

(4)

The Secretary of State or the Scottish Ministers may by regulations make provision about the process for corrections, including in particular provision about—

(a)

the making of written requests;

(b)

notification requirements;

(c)

rights to make representations.”

21Proceedings for questioning certain decisions on consents

(1)

Section 36D of the Electricity Act 1989 (proceedings for questioning certain decisions under section 36) is amended as set out in subsections (2) to (4).

(2)

For subsection (3) substitute—

“(3)

This section applies to a decision under any of the following—

(a)

section 36 (application for consent for generating station);

(b)

section 36C (application for variation of section 36 consent);

(c)

section 37 (application for consent for overhead lines);

(d)

section 37A (application for variation of section 37 consent);

(e)

section 37B (variation of consents by Scottish Ministers);

(f)

section 37C (consents and variation of consents in Scotland: correction of errors).”

(3)

In subsection (4), for “taken” substitute “published by the Scottish Ministers”.

(4)

In the heading, for “under section 36” substitute “of the Scottish Ministers”.

(5)

In Schedule 8 to the Electricity Act 1989, in paragraph 5B (proceedings for questioning certain decisions under paragraph 3(2)), in sub-paragraph (4), for “taken” substitute “published by the Scottish Ministers”.

(6)

In section 237 of the Town and Country Planning (Scotland) Act 1997 (challenges to validity of development plans and certain orders, decisions and directions), in subsection (3), after paragraph (b) insert—

“(ba)

any decision to give a direction under section 57(2) or (2ZA);”.

(7)

The amendments made by this section apply only in relation to decisions made on or after the date on which this section comes into force.

22Applications for necessary wayleaves: fees

In Schedule 4 to the Electricity Act 1989 (other powers etc of licence holders), after paragraph 6 insert—

“Fees for applications under paragraph 6(3) to the Scottish Ministers

6A

The Scottish Ministers may by regulations make provision about the fees to be paid to the Scottish Ministers in relation to an application made to them under paragraph 6(3).”

23Regulations

(1)

Section 106 of the Electricity Act 1989 (regulations and orders) is amended as follows.

(2)

In subsection (1ZA)—

(a)

for “the power conferred on” substitute “a power of”;

(b)

for “by section 36C” substitute “to make regulations (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (Scottish statutory instruments))”.

(3)

After subsection (2) insert—

“(2ZA)

Subsection (2) does not apply to a statutory instrument containing (whether alone or with other provision)—

(a)

regulations under paragraph 2A of Schedule 8;”.

(4)

In subsection (3), for the words after “under” substitute “—

(a)

section 36C,

(b)

section 37A,

(c)

section 37B,

(d)

section 37C,

(e)

paragraph 6A of Schedule 4, or

(f)

any paragraph of Schedule 8 except paragraph 2A,

are subject to the negative procedure.”

(5)

At the end insert—

“(4)

Before making regulations under a provision listed in subsection (6), the Secretary of State must consult the Scottish Ministers.

(5)

Before making regulations under a provision listed in subsection (6), the Scottish Ministers must consult the Secretary of State.

(6)

The provisions are—

(a)

section 37A;

(b)

section 37B;

(c)

section 37C;

(d)

paragraphs 1A, 2A and 7B of Schedule 8.”

24Sections 19 to 23: minor and consequential amendments

Schedule 1 makes—

(a)

amendments to the Electricity Act 1989 that are consequential on the amendments made by sections 19 to 23, and

(b)

other minor amendments relating to consents for electricity infrastructure in Scotland (including amendments to reflect previous transfers of functions to the Scottish Ministers).

25Environmental impact assessments for electricity works

(1)

The Secretary of State or the Scottish Ministers may by regulations amend the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/101) (the “2017 Regulations”) by making provision described in subsection (2) in connection with environmental impact assessments and applications made to the Scottish Ministers for—

(a)

consent granted under section 36 or 37 of the Electricity Act 1989 (consent for construction etc of generating stations or for overhead lines), or

(b)

variation of consent granted under section 36 of that Act.

(2)

That provision is—

(a)

provision for the Scottish Ministers to refuse an application in respect of Schedule 2 development that is not accompanied by an EIA report if the development has not been the subject of a screening opinion;

(b)

provision for the Scottish Ministers to charge developers fees for screening opinions and scoping opinions;

(c)

provision about the sending of copies of EIA reports to the Scottish Ministers;

(d)

provision about the publication by developers of the information listed in regulation 14(2) of the 2017 Regulations (information about EIA reports);

(e)

provision about making EIA reports available for inspection;

(f)

provision about time limits for the consultation bodies and other public bodies to make representations to the Scottish Ministers about scoping opinions and EIA reports;

(g)

provision about time limits for the consultation bodies and other public bodies to enter into consultation with developers about, and to make available, information relevant to the preparation of EIA reports;

(h)

provision about time limits for developers to provide additional information to the Scottish Ministers;

(i)

provision about the publication by developers of the information listed in regulation 20(3) of the 2017 Regulations (information about additional information);

(j)

provision about making additional information available for inspection;

(k)

provision about the publication by developers of the information listed in regulation 23(2) of the 2017 Regulations (information about decisions);

(l)

provision that the Secretary of State or the Scottish Ministers consider appropriate for securing that the procedures under the 2017 Regulations operate effectively, or more effectively, alongside the procedures under regulations made under section 36C of the Electricity Act 1989 or paragraph 1A or 7B of Schedule 8 to that Act (inserted by section 19 of this Act).

(3)

The Secretary of State or the Scottish Ministers may by regulations amend the 2017 Regulations by making provision described in subsection (4) in connection with environmental impact assessments and applications made to the Scottish Ministers for variation of consent granted under section 37 of the Electricity Act 1989.

(4)

That provision is—

(a)

provision requiring an environmental impact assessment in respect of the proposed variation to be carried out before Scottish Ministers—

(i)

vary the consent, or

(ii)

direct that planning permission is deemed to be granted under section 57(2) or (2ZA) of the Town and Country Planning (Scotland) Act 1997 in respect of EIA development;

(b)

provision requiring the Scottish Ministers to take the environmental information into account when carrying out an environmental impact assessment in respect of the proposed variation;

(c)

provision applying provisions of the 2017 Regulations (including provisions amended by regulations under subsection (1)), with or without modifications;

(d)

provision that the Secretary of State or the Scottish Ministers consider appropriate for securing that the procedures under the 2017 Regulations operate effectively, or more effectively, alongside the procedures under regulations made under section 37A of the Electricity Act 1989 (inserted by section 20 of this Act).

(5)

Regulations under this section may—

(a)

make different provision for different purposes or different areas;

(b)

make consequential or supplementary provision;

(c)

make transitional provision.

(6)

Regulations under this section made by the Secretary of State are to be made by statutory instrument.

(7)

A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)

Before making regulations under this section, the Secretary of State must consult the Scottish Ministers.

(9)

For regulations under this section made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

(10)

Regulations made by the Scottish Ministers under this section are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(11)

Before making regulations under this section, the Scottish Ministers must consult the Secretary of State.

(12)

In this section, subject to subsection (13), the following terms have the same meaning as they have in the 2017 Regulations—

“additional information”

“the consultation bodies”

“developer”

“EIA development”

“EIA report”

“environmental impact assessment”

“environmental information”

“Schedule 2 development”

“scoping opinion”

“screening opinion”.

(13)

In subsections (3) and (4), those terms have the same meaning in connection with applications for variation of consent granted under section 37 of the Electricity Act 1989 as they have, in the 2017 Regulations, in connection with applications for variation of consent granted under section 36 of that Act.

Long duration electricity storage

26Long duration electricity storage

In the Electricity Act 1989, after section 10O insert—

“Long duration electricity storage

10PLong duration electricity storage

(1)

The Authority must, as soon as reasonably practicable after this section comes into force, establish and operate a scheme in accordance with this section.

(2)

The scheme must be designed for the purpose of encouraging the development and use of long duration electricity storage installations.

(3)

The scheme must be open to persons who—

(a)

hold or intend to apply for a generation licence to operate a long duration electricity storage installation, and

(b)

meet any other specified criteria.

(4)

The scheme must provide for an LDES operator who operates an approved installation—

(a)

to receive payments from a holder of an electricity system operator licence where the operator’s assessed revenue from that installation is below a specified amount, in specified circumstances, and

(b)

to make payments to a holder of an electricity system operator licence where the operator’s assessed revenue from that installation is above a specified amount, in specified circumstances.

(5)

In subsection (4)—

“an approved installation” means a long duration electricity storage installation which is approved by the Authority for the purposes of subsection (4) in accordance with the scheme;

“assessed revenue”, in relation to a long duration electricity storage installation, means the difference between—

(a)

revenue of a specified kind earned or derived in connection with that installation, and

(b)

costs of a specified kind incurred in connection with operating the installation.

(6)

The Authority may determine how costs and revenue are to be calculated for the purposes of the scheme.

(7)

In setting charges to which Article 18(1) of the Electricity Regulation applies, the holder of an electricity system operator licence may take account of payments it makes or receives under the scheme.

(8)

In this section—

“LDES operator” means a person who, under a generation licence, generates electricity by means of a long duration electricity storage installation;

“long duration electricity storage installation” means an installation that—

(a)

generates electricity from stored energy,

(b)

has an electricity generating capacity of not less than 50 megawatts, and

(c)

is capable of generating electricity at its full capacity for a continuous period of not less than eight hours;

“specified” means specified by the Authority for the purposes of the scheme in—

(a)

a document published by the Authority, or

(b)

a condition of a licence;

“stored energy” has the meaning given by section 4(3ZB).

(9)

The Secretary of State may by regulations amend the definition of “long duration electricity storage installation” by substituting—

(a)

for the amount of electricity generating capacity for the time being mentioned in paragraph (b) of the definition, a different amount;

(b)

for the period for the time being mentioned in paragraph (c) of the definition, a different period (which may not be less than eight hours).”

Consumer benefits

27Benefits for homes near electricity transmission projects

(1)

The Electricity Act 1989 is amended as follows.

(2)

After section 38 insert—

“Benefits resulting from proximity to new or upgraded transmission infrastructure

38APower to establish scheme for giving of benefits

(1)

The Secretary of State may by regulations establish a scheme under which persons with a specified connection to qualifying premises are entitled to financial benefits provided (directly or indirectly) by electricity suppliers.

(2)

Qualifying premises must be identified by reference to their proximity to qualifying works.

(3)

Qualifying works must involve the construction, erection, expansion or improvement of electrical plant or an electric line that (in either case)—

(a)

is wholly or partly above the ground, and

(b)

forms or is intended to form part of a transmission system.

They may be works that took place before the making of the regulations or the coming into force of this section.

(4)

The regulations may (among other things)—

(a)

make further provision determining, or for the determination of, whether premises or works are qualifying;

(b)

confer functions in connection with the scheme;

(c)

provide for the delegation of functions conferred in connection with the scheme;

(d)

provide for payments by electricity suppliers to meet costs incurred in the carrying out of functions in connection with the scheme;

(e)

provide for the costs of electricity suppliers under the scheme to be distributed among suppliers on such basis, and by such means, as the regulations provide;

(f)

restrict a person’s ability to obtain payment of an amount standing to the credit of the person’s account with an electricity supplier, where that amount derives from benefits under the scheme;

(g)

make provision about cases in which a person who has received benefits under the scheme in respect of premises ceases to be entitled under the scheme in respect of the premises, including provision for the withdrawal or recovery of the benefits;

(h)

make pass-through provision and associated provision (see section 38B);

(i)

make enforcement provision (see section 38C);

(j)

make information provision (see section 38D).

(5)

To the extent that this section enables provision to be made affecting the holders of licences, provision for that purpose may be made by modifying, or empowering or requiring the Authority to modify—

(a)

the conditions of a licence, or

(b)

a document maintained in accordance with the conditions of a licence, or an agreement that gives effect to a document so maintained.

(6)

A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(7)

A draft laid under subsection (6) is not to be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament.

(8)

Regulations under this section bind the Crown unless they provide otherwise.

(9)

The Secretary of State may, out of money provided by Parliament, make payments to a person on whom functions are conferred by regulations under this section for the purposes of meeting (or helping to meet) the expenses of carrying out those functions.

38BPassing of benefits to ultimate consumer

(1)

This section applies for the purposes of section 38A(4)(h).

(2)

“Pass-through provision” is provision that—

(a)

applies where—

(i)

one person (“the intermediary”) receives benefits under the scheme in connection with qualifying premises, and

(ii)

another person (“the end-user”) who is not living as part of the same household as the intermediary consumes electricity supplied to the premises, and

(b)

requires the intermediary to pass on the substance of those benefits to the end-user.

(3)

“Associated provision” means provision that relates to pass-through provision and—

(a)

requires intermediaries to take steps to obtain benefits that will be subject to the requirement referred to in subsection (2)(b),

(b)

requires intermediaries to supply information to end-users,

(c)

provides for the making of payments to intermediaries (in addition to the provision of benefits of the sort mentioned in section 38A(1)), or

(d)

provides for the withdrawal or recovery of benefits given or other payments made to intermediaries who fail to comply with the requirement referred to in subsection (2)(b).

(4)

For the purposes of subsection (2)(a)(ii), the cases in which electricity is consumed by a person include those in which the electricity is used to make available to the person heating, cooling, hot water or energy.

38CEnforcement of benefit scheme

(1)

In section 38A(4)(i), “enforcement provision” means—

(a)

provision for the enforcement in civil proceedings of requirements under the scheme,

(b)

provision for a person to impose a monetary penalty where the person is satisfied on the balance of probabilities that—

(i)

a requirement under the regulations has not been complied with, or

(ii)

benefits or other payments under the scheme have been wrongfully obtained, or

(c)

provision for complaints procedures, dispute resolution, adjudication, appeals or redress in connection with the scheme.

(2)

If regulations under section 38A provide for the imposition of monetary penalties, they must provide a right of appeal to a court or tribunal on grounds including both error of fact and error of law.

(3)

The provision that may be made by virtue of subsection (1)(c) includes provision for Part 2 of the Consumers, Estate Agents and Redress Act 2007 (complaints handling and redress schemes) to apply (with or without modifications) to end-user complaints as it applies to consumer complaints within the meaning of that Part.

(4)

In subsection (3), “end-user complaints” means complaints in connection with pass-through provision made by end-users against intermediaries or electricity suppliers (with the definitions in section 38B applying for the purposes of this subsection).

38DDisclosure and use of information in connection with benefit scheme

(1)

In section 38A(4)(j), “information provision” means provision within subsection (2) or (3).

(2)

Provision is within this subsection if it is provision for the disclosure of information or evidence for the purposes of—

(a)

identifying persons entitled to benefits under the scheme,

(b)

identifying qualifying premises or qualifying works,

(c)

checking whether requirements under, or resulting from, the regulations are being or have been complied with,

(d)

checking payments made under the scheme,

(e)

facilitating the performance of functions conferred, or the enforcement of duties imposed, by or as a result of the regulations, or

(f)

evaluating the performance of the scheme.

(3)

Provision is within this subsection if it is provision about the use or further disclosure of information disclosed—

(a)

further to provision within subsection (2), or

(b)

otherwise in connection with the scheme.

(4)

The provision that may be made by virtue of subsection (3) includes provision making it an offence to use or disclose information in an unauthorised manner; but such an offence may not be made punishable by imprisonment.

(5)

Regulations under section 38A that authorise the use or disclosure of information are not to be taken to authorise disclosure or use that would be liable to harm the commercial interests of any person, except to the extent that—

(a)

the regulations otherwise provide, or

(b)

the person disclosing or using the information reasonably considers such disclosure or use necessary in view of the purpose of the regulations.

(6)

Regulations under section 38A do not require or authorise the disclosure or use of information that—

(a)

contravenes the data protection legislation (but this section and the regulations are to be taken into account in determining whether the disclosure or use would contravene that legislation), or

(b)

is prohibited by any of Parts 1 to 7 and Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(7)

In subsection (6), “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”

(3)

In section 106 (regulations and orders under the Act), in subsection (2ZA) (inserted by section 23(3)), after paragraph (a) insert—

“(b)

regulations under section 38A.”

(4)

In paragraph 6 of Schedule 6A (requirements enforceable against suppliers under section 25), before sub-paragraph (a) insert—

“(za)

any provision of regulations under section 38A that is designated in the regulations as a relevant provision for the purposes of this paragraph;”.

Electricity transmission period

28Electricity transmission systems: extension of commissioning period

In section 6G(1) of the Electricity Act 1989 (meaning of “commissioning period” for the purposes of determining whether a person is to be regarded as participating in the transmission of electricity), in paragraph (b), for “18 months” substitute “27 months”.

Electricity generation on forestry land

29Use of forestry estate for renewable electricity

In the Forestry Act 1967, after section 3 insert—

“3AUse of land in connection with renewable electricity projects

(1)

The Commissioners may—

(a)

use, or enter into arrangements in connection with the use of, English forestry land for the generation, storage, transmission or supply of renewable electricity;

(b)

sell, or enter into other arrangements concerning, renewable electricity generated, stored or supplied on, or transmitted across, English forestry land;

(c)

use, or enter into arrangements in connection with the use of, English forestry land for activity that—

(i)

is intended to satisfy, or enable the satisfaction of, a relevant condition of development (whether existing or contemplated), or

(ii)

otherwise arises in connection with such a condition.

(2)

For the purposes of subsection (1)(c), a relevant condition of development is a condition of development that—

(a)

relates to renewable electricity development located wholly or partly on English forestry land, and

(b)

is intended to benefit the natural environment of land.

(3)

The exercise of the powers in subsection (1) for either of the following purposes is to be taken to be consistent with the Commissioners’ general duty under section 1(2)—

(a)

facilitating or promoting the use of renewable electricity;

(b)

obtaining funds for meeting the expenses referred to in section 41(2).

(4)

When the Commissioners are considering the exercise of those powers, section 1(3A) applies as if it included a further paragraph referring to those purposes.

(5)

In this section—

“condition of development” means—

(a)

a condition to which planning permission is subject, or

(b)

a requirement contained in an order granting development consent under the Planning Act 2008 (development consent for nationally significant infrastructure);

“English forestry land” means land placed at the disposal of the Commissioners under this Act;

“natural environment”, in relation to land, includes—

(a)

its plants, animals and other living organisms,

(b)

their habitats, and

(c)

its geological features;

“renewable electricity” means electricity produced from sources other than—

(a)

coal,

(b)

lignite,

(c)

peat,

(d)

natural gas, within the meaning of the Energy Act 1976,

(e)

crude liquid petroleum,

(f)

petroleum products, within the meaning of the Energy Act 1976,

(g)

any substance produced directly or indirectly from a substance within paragraphs (a) to (f),

(h)

energy derived from any substance within paragraphs (a) to (g), or

(i)

nuclear fuel;

“renewable electricity development” means development the main purpose of which is the generation, storage, transmission or supply of renewable electricity.

(6)

References in this section to the storage of electricity are to the storage of energy converted from electricity for the purpose of its reconversion into electricity.

3BSection 3A: power to require Secretary of State’s consent in certain cases

(1)

The Secretary of State may make regulations that, in a case within subsection (2), require the consent of the Secretary of State to an exercise of the Commissioners’ powers under section 3A.

(2)

The cases are those where—

(a)

a proposed exercise of the powers is intended to enable the construction on English forestry land of the whole or part of a generating station (including an extension to an existing station), and

(b)

the capacity threshold is exceeded.

(3)

In the case of the construction of a new generating station, the capacity threshold is exceeded if it is expected that the generating capacity of the station would equal or exceed the relevant wattage.

(4)

In the case of an extension to an existing station, the capacity threshold is exceeded if it is expected that—

(a)

the extension would cause the generating capacity of the station to equal or exceed the relevant wattage, or

(b)

the extension, whether alone or taken together with previous non-consented extensions, would increase the generating capacity of the station by at least the relevant wattage.

(5)

An extension is “non-consented” for the purposes of subsection (4)(b) if—

(a)

it was enabled by an exercise of the Commissioners’ powers under section 3A, and

(b)

that exercise of those powers did not have the consent of the Secretary of State under regulations under subsection (1).

(6)

But an extension ceases to be “non-consented” for those purposes if—

(a)

a subsequent extension to the station in question is constructed having been enabled by an exercise of the Commissioners’ powers under section 3A, and

(b)

that exercise of those powers had the consent of the Secretary of State under regulations under subsection (1).

(7)

The relevant wattage is—

(a)

5 megawatts, if the station generates electricity from wind, and

(b)

50 megawatts, if it does not.

(8)

The Secretary of State may by regulations amend this section so as to change the relevant wattage (including by adding or combining categories of station in relation to which a particular wattage is prescribed).

(9)

In calculating the relevant wattage there is to be disregarded—

(a)

in the case of a generating station only partly situated on English forestry land, any generating capacity that can be attributed to parts not situated on English forestry land;

(b)

in the case of a generating station whose capacity is provided in part by facilities for the storage of electricity and in part by other means, the capacity provided by those facilities.

(10)

In this section—

“generating station” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1));

“storage” is to be read in accordance with section 3A(6).

3CRegulations under section 3B: further provision

(1)

Regulations under section 3B(1) may—

(a)

make provision about the process by which consent is to be sought and given or refused;

(b)

provide for consent to be given subject to conditions.

(2)

Regulations under section 3B may—

(a)

make different provision for different purposes or areas;

(b)

include consequential, incidental, supplementary, transitional or saving provision.

(3)

Regulations under section 3B are to be made by statutory instrument.

(4)

A statutory instrument containing (whether alone or with other provision) regulations under section 3B(8) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5)

A statutory instrument containing regulations under section 3B(1) (but not regulations under section 3B(8)) is subject to annulment in pursuance of a resolution of either House of Parliament.”

Wind generating stations and seismic array systems

30Wind generating stations that may affect seismic array systems

(1)

The Secretary of State may make regulations about planning permissions or consents relating to wind generating stations that may affect the functioning of a relevant seismic array system.

(2)

A “relevant seismic array system” is a spatially distributed system of linked seismometers, arranged so as to enhance the detection and characterisation of seismic signals, that—

(a)

is used for defence purposes, and

(b)

is in use on the day on which this Act is passed.

(3)

The regulations may provide for—

(a)

an exclusion zone, and

(b)

a restricted zone,

around a relevant seismic array system.

(4)

The regulations may—

(a)

require a planning decision-maker to refuse, or decline to determine or accept, a planning application relating to a wind generating station that is (or would be) situated in an exclusion zone;

(b)

provide that a relevant development order or MCA scheme may not be made if it would grant planning permission for development relating to a wind generating station that is (or would be) situated in an exclusion zone;

(c)

allow the Secretary of State to direct that a relevant development order or MCA scheme may not be made if it would grant such planning permission.

(5)

The regulations may, in relation to a planning application relating to a wind generating station that is (or would be) situated in a restricted zone—

(a)

require the applicant to provide specified information about the seismic impact of the proposals (“seismic impact information”) to which their application relates;

(b)

require the planning decision-maker to use the seismic impact information in a specified way when determining the application (including when determining conditions relating to a permission or consent);

(c)

require the planning decision-maker to refuse, or decline to determine or accept, the application in specified circumstances;

(d)

require the planning decision-maker to provide the Secretary of State with the seismic impact information, and to seek the Secretary of State’s views on the seismic impact of the proposals;

(e)

require the planning decision-maker to refuse, or decline to determine or accept, the application if the Secretary of State objects to it on grounds relating to the seismic impact of the proposals.

(6)

The regulations may—

(a)

require a person proposing to make a relevant development order or MCA scheme to consult the Secretary of State if the order or scheme would grant planning permission for development relating to a wind generating station that is (or would be) situated in a restricted zone;

(b)

allow the Secretary of State to direct that a relevant development order or MCA scheme may not be made if it would grant such planning permission.

(7)

The regulations may include provision about the procedure for planning applications to which they relate, such as—

(a)

provision enabling or requiring a planning decision-maker to decline to determine or accept an application;

(b)

provision modifying the process for determining an application;

(c)

provision allowing the Secretary of State to give a direction to the planning-decision maker about the procedure for an application;

(d)

provision modifying or disapplying a right of appeal or review;

(e)

provision disapplying a duty imposed on a planning decision-maker when determining an application.

(8)

The regulations may require a planning decision-maker to have regard to guidance issued by the Secretary of State.

(9)

Regulations under this section may—

(a)

amend or repeal provision contained in an Act of Parliament or an Act of the Scottish Parliament;

(b)

make different provision for different purposes or areas;

(c)

make provision binding the Crown;

(d)

make transitional, transitory or saving provision;

(e)

make incidental, supplementary or consequential provision.

(10)

Regulations under this section are to be made by statutory instrument.

(11)

A statutory instrument containing regulations under this section which amend or repeal provision contained in an Act of Parliament or an Act of the Scottish Parliament may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(12)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(13)

If a draft of a statutory instrument containing regulations under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

(14)

In this section—

“MCA scheme” means a masterplan consent area scheme made under Part 3 of the Town and Country Planning (Scotland) Act 1997;

“planning application” means—

(a)

an application for planning permission under Part 3 or Part 13 of the Town and Country Planning Act 1990,

(b)

an application for planning permission under Part 3 or Part 12 of the Town and Country Planning (Scotland) Act 1997,

(c)

an application for an order granting development consent under section 37 of the Planning Act 2008, or

(d)

an application under section 36 or 36C of the Electricity Act 1989 (consent for construction etc of generating station);

“planning decision-maker” means a person who determines a planning application;

“relevant development order” means—

(a)

a local development order made under section 61A of the Town and Country Planning Act 1990;

(b)

a Mayoral development order made under section 61DA of that Act;

(c)

a neighbourhood development order made under section 61E of that Act;

(d)

a development order made under section 30 of the Town and Country Planning (Scotland) Act 1997;

“wind generating station” means a generating station that generates electricity from wind.

Chapter 3Transport infrastructure

Amendments to the Highways Act 1980

31Fees for certain services

(1)

The Highways Act 1980 is amended as follows.

(2)

After section 281A (stamp duty land tax) insert—

“281BPower to provide for fees for certain services

(1)

The appropriate national authority may by regulations make provision for, or in connection with, the charging of fees to highway authorities by prescribed public authorities, in relation to the provision of relevant services.

(2)

A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided, whether or not to a highway authority, in connection with—

(a)

an order made, or proposed to be made, under Part 2, 6 or 12, or

(b)

any other prescribed matter relating to any of those Parts.

(3)

The regulations under subsection (1) may, in particular, make provision—

(a)

about when a fee (including a supplementary fee) may, and may not, be charged;

(b)

about the amount which may be charged;

(c)

about what may, and may not, be taken into account in calculating the amount charged;

(d)

about which highway authority is liable to pay a fee charged;

(e)

about when a fee charged is payable;

(f)

about the recovery of fees charged;

(g)

about waiver, reduction or repayment of fees;

(h)

about the effect of paying or failing to pay fees charged (including provision permitting a prescribed public authority to withhold a relevant service that it would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);

(i)

for the supply of information for any purpose of the regulations;

(j)

conferring a function, including a function involving the exercise of a discretion, on any person.

(4)

A prescribed public authority must have regard to—

(a)

any guidance published by the Secretary of State in relation to the exercise of the authority’s functions under regulations made under this section by the Secretary of State;

(b)

any guidance published by the Welsh Ministers in relation to the exercise of the authority’s functions under regulations made under this section by the Welsh Ministers.

(5)

Regulations under this section may make—

(a)

different provision for different purposes or areas;

(b)

incidental, consequential, supplementary, transitional or transitory provision or savings.

(6)

In this section—

“appropriate national authority” means—

(a)

in relation to England, the Secretary of State, and

(b)

in relation to Wales, the Welsh Ministers;

“prescribed” means prescribed by regulations made by the appropriate national authority under this section;

“public authority” means any person certain of whose functions are of a public nature.”

(3)

In section 325 (provisions as to regulations, schemes and orders)—

(a)

before subsection (2) insert—

“(1B)

The power of the Welsh Ministers to make regulations under section 281B is exercisable by statutory instrument.”;

(b)

in subsection (2)(a), after “8A” insert “or regulations made by the Welsh Ministers under section 281B”;

(c)

after subsection (2A) insert—

“(2B)

A statutory instrument containing regulations made by the Welsh Ministers under section 281B is subject to annulment in pursuance of a resolution of Senedd Cymru.”

32Power of strategic highways company in relation to trunk roads

(1)

Section 10 of the Highways Act 1980 (trunk roads) is amended as set out in subsections (2) to (6).

(2)

Omit subsection (2A).

(3)

In subsection (3), for “this section” substitute “subsection (2)”.

(4)

In subsection (3A), after “power” insert “under subsection (2)”.

(5)

In subsection (4), for “this section” substitute “subsection (2)”.

(6)

After subsection (4) insert—

“(4A)

A strategic highways company may by order direct—

(a)

that a highway for which the company is the highway authority is to become a trunk road,

(b)

in relation to a highway in the company’s area for which the company is not the highway authority, that—

(i)

the highway is to become a trunk road, and

(ii)

the company is to become the highway authority for it, or

(c)

that a trunk road for which the company is the highway authority is to cease to be a trunk road.

(4B)

In subsection (4A)(b)—

(a)

the reference to the company’s area is to the area in respect of which it was appointed (see section 2(1) of the Infrastructure Act 2015), and

(b)

the reference to a highway for which the company is not the highway authority includes a proposed highway to be constructed by the company.

(4C)

A strategic highways company may make an order under subsection (4A) only if it is satisfied that the order is expedient for the purpose of extending, improving or reorganising the national system of routes for through traffic in England and Wales.

(4D)

A strategic highways company may be satisfied as mentioned in subsection (4C) only after taking into consideration the requirements of local and national planning, including the requirements of agriculture.

(4E)

An order under subsection (4A)—

(a)

must specify the date on which it takes effect, and

(b)

must be confirmed by the Secretary of State.

(4F)

Subsections (3) and (4) apply in relation to the power in subsection (4A) as they apply in relation to the power in subsection (2).

(4G)

The powers in this section are subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).”

(7)

In Schedule 1 to the Highways Act 1980 (procedures for making or confirming orders and schemes), after paragraph 1 insert—

“1A

Where an order under section 10 of this Act is submitted to the Secretary of State by a strategic highways company, that company must publish, in the manner specified in paragraph 1, the notice there referred to; and that paragraph has effect in relation to the notice as if, for the references to the draft order and the making of the order, there were substituted references to the order as submitted to the Secretary of State and the confirmation of the order respectively.”

33Deadlines for consultation and decisions on certain orders and schemes

(1)

Schedule 1 to the Highways Act 1980 (procedures for making or confirming certain orders and schemes) is amended as follows.

(2)

In paragraph 1, in sub-paragraph (b), for “6 weeks from the date of the publication of the notice” substitute “the minimum period specified in paragraph 2A”.

(3)

After paragraph 2 insert—

“2A

The minimum period is—

(a)

30 days from the date of the publication of the notice, in the case of an order proposed by, or submitted to, the Secretary of State;

(b)

6 weeks from the date of the publication of the notice, in the case of an order proposed by, or submitted to, the Welsh Ministers.”

(4)

After paragraph 8 insert—

“8A

(1)

This paragraph applies where the Secretary of State is exercising the functions conferred by paragraph 8.

(2)

The Secretary of State must—

(a)

decide to make or confirm the proposed order,

(b)

decide not to make or confirm the proposed order, or

(c)

decide to give notification under paragraph 8(3)(a),

within the period of 10 weeks beginning with the relevant day.

(3)

Subject to sub-paragraph (4), the relevant day is the day on which any of the following occurs in relation to the proposed order—

(a)

the period specified in the notice published under paragraph 1 or (as the case may be) paragraph 5 expires with no qualifying objection having been received by the Secretary of State;

(b)

a qualifying objection is withdrawn with the result that no qualifying objections remain live;

(c)

the Secretary of State decides under paragraph 7(2) to dispense with an inquiry;

(d)

the Secretary of State receives the report of the person who has held a local inquiry.

(4)

In a case where—

(a)

the Secretary of State has to decide whether to confirm a related compulsory purchase order, and

(b)

the relevant day in relation to that compulsory purchase order is later than the relevant day specified in sub-paragraph (3),

the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order.

(5)

The relevant day in relation to a related compulsory purchase order is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed.

(6)

Where the Secretary of State gives notification under paragraph 8(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed order within the period of 10 weeks beginning with the final day of the period specified under paragraph 8(3)(b).

(7)

Sub-paragraphs (4) and (5) apply for postponing the first day of the period referred to in sub-paragraph (6) as they apply for postponing the relevant day for the purposes of sub-paragraph (2).

(8)

If the Secretary of State has decided to proceed in accordance with paragraph 8(2), sub-paragraphs (2) to (7) of this paragraph apply separately in relation to each part of the proposals that is being given separate consideration.

(9)

The Secretary of State may in any particular case, if the Secretary of State considers it appropriate, extend a period that applies under this paragraph.

(10)

The power under sub-paragraph (9) may be exercised—

(a)

more than once in relation to the same period;

(b)

after the expiry of the period.

(11)

The Secretary of State must give written notice of any extension—

(a)

in a case where the proposed order has already been made, to the authority that made it, and

(b)

to each person who has made a qualifying objection and not withdrawn it.

(12)

In this paragraph—

“qualifying objection” means an objection received as described in paragraph 7(1)(a) or (b);

“related compulsory purchase order”, in relation to a proposed order, means a compulsory purchase order proceedings on which could, by virtue of section 257(1), be taken concurrently with any proceedings under this Schedule on the proposed order.”

(5)

In paragraph 10—

(a)

the existing text becomes sub-paragraph (1);

(b)

in paragraph (b) of that sub-paragraph, for “6 weeks from the date of the publication of the notice” substitute “the minimum period specified in sub-paragraph (2)”;

(c)

after that sub-paragraph insert—

“(2)

The minimum period is—

(a)

30 days from the date of the publication of the notice, in the case of a scheme proposed by, or submitted to, the Secretary of State;

(b)

6 weeks from the date of the publication of the notice, in the case of a scheme proposed by, or submitted to, the Welsh Ministers.”

(6)

After paragraph 15 insert—

“15A

(1)

This paragraph applies where the Secretary of State is exercising the functions conferred by paragraph 15.

(2)

The Secretary of State must—

(a)

decide to make or confirm the proposed scheme,

(b)

decide not to make or confirm the proposed scheme, or

(c)

decide to give notification under paragraph 15(3)(a),

within the period of 10 weeks beginning with the relevant day.

(3)

Subject to sub-paragraph (4), the relevant day is the day on which any of the following occurs in relation to the proposed scheme—

(a)

the period specified in the notice published under paragraph 10 or (as the case may be) paragraph 12 expires with no qualifying objection having been received by the Secretary of State;

(b)

a qualifying objection is withdrawn with the result that no qualifying objections remain live;

(c)

the Secretary of State decides under paragraph 14(2) to dispense with an inquiry;

(d)

the Secretary of State receives the report of the person who has held a local inquiry.

(4)

In a case where—

(a)

the Secretary of State has to decide whether to confirm a related compulsory purchase order, and

(b)

the relevant day in relation to that compulsory purchase order is later than the relevant day specified in sub-paragraph (3),

the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order.

(5)

The relevant day in relation to a related compulsory purchase order is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed.

(6)

Where the Secretary of State gives notification under paragraph 15(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed scheme within the period of 10 weeks beginning with the final day of the period specified under paragraph 15(3)(b).

(7)

Sub-paragraphs (4) and (5) apply for postponing the first day of the period referred to in sub-paragraph (6) as they apply for postponing the relevant day for the purposes of sub-paragraph (2).

(8)

If the Secretary of State has decided to proceed in accordance with paragraph 15(2), sub-paragraphs (2) to (7) of this paragraph apply separately in relation to each part of the proposals that is being given separate consideration.

(9)

The Secretary of State may in any particular case, if the Secretary of State considers it appropriate, extend a period that applies under this paragraph.

(10)

The power under sub-paragraph (9) may be exercised—

(a)

more than once in relation to the same period;

(b)

after the expiry of the period.

(11)

The Secretary of State must give written notice of any extension—

(a)

in a case where the proposed scheme has already been made, to the authority that made it, and

(b)

to each person who has made a qualifying objection and not withdrawn it.

(12)

In this paragraph—

“qualifying objection” means an objection received as described in paragraph 14(1)(a) or (b);

“related compulsory purchase order”, in relation to a proposed scheme, means a compulsory purchase order proceedings on which could, by virtue of section 257(1), be taken concurrently with any proceedings under this Schedule on the proposed scheme.”

34Procedure for certain orders and schemes

(1)

The Highways Act 1980 is amended as follows.

(2)

In section 325 (provision for certain regulations, orders and schemes to be made by statutory instrument)—

(a)

in the heading, omit “, schemes”;

(b)

in subsection (1)—

(i)

omit paragraph (b);

(ii)

in paragraph (d), after “sections” insert “10,”.

(3)

In section 326 (revocation and variation of schemes and orders)—

(a)

in subsection (2)—

(i)

after “An order” insert “or scheme”;

(ii)

after “section” insert “10,”;

(iii)

after “14B,” insert “16,”;

(iv)

after “27,” insert “106(3),”;

(v)

after “orders” insert “or schemes”;

(vi)

after “subsequent order” insert “or scheme”;

(b)

after subsection (2) insert—

“(2A)

Subsection (2) does not apply to an order or scheme under section 10, 16 or 106(3) made or confirmed by the Welsh Ministers (but see section 325(1A)).”;

(c)

in subsection (6), before “14,” insert “10,”.

(4)

In Schedule 1 (procedures for making or confirming certain orders and schemes), after paragraph 19 insert—

“19A

On making or confirming an order or scheme in accordance with this Schedule, the Secretary of State must publish on a government website—

(a)

notice of the making or confirmation of the order or scheme,

(b)

if the order or scheme was made with modifications, a summary of those modifications, and

(c)

either—

(i)

a copy of the order or scheme, together with any maps or plans referred to in it, or

(ii)

an explanation of where and how that documentation can be inspected.”

35Compulsory acquisition powers to include taking of temporary possession

In section 250(8) of the Highways Act 1980 (compulsory acquisition by creation of new rights to include rights of carrying out certain activity on land), after “references to” insert “—

(a)

the right to take temporary possession or occupation of land, and

(b)”.

Amendments to the Transport and Works Act 1992

36Replacement of model clauses with guidance

In the Transport and Works Act 1992, for section 8 (model clauses) substitute—

“8Guidance on draft orders

(1)

The Secretary of State may publish guidance about the preparation of draft orders, for cases in which rules under section 6 require the submission of such drafts to the Secretary of State.

(2)

The Welsh Ministers may publish guidance about the preparation of draft orders, for cases in which rules under section 6 require the submission of such drafts to the Welsh Ministers.

(3)

The guidance may set out model provisions considered suitable for inclusion in the drafts (whether generally or in certain cases).

(4)

In arriving at a determination under section 13 in a case to which guidance under this section applies, the Secretary of State or (as the case may be) the Welsh Ministers must have regard to—

(a)

any departure from the guidance, and

(b)

any reasons given by the applicant for that departure.”

37Removal of special procedure for projects of national significance

(1)

In the Transport and Works Act 1992, omit section 9 (special procedure for projects considered to be of national significance).

(2)

In consequence of that amendment—

(a)

in section 3 of the Statutory Orders (Special Procedure) Act 1945 (petitions against orders), omit subsection (4A);

(b)

in section 12 of the Transport and Works Act 1992 (special parliamentary procedure), omit subsection (2);

(c)

in the Channel Tunnel Rail Link Act 1996, omit section 42 (application of section 9 of the 1992 Act to certain proposals affecting the Channel Tunnel).

(3)

The amendments made by this section do not apply in relation to an application in respect of which a notice under section 9(2) of the Transport and Works Act 1992 has been published before this section comes into force.

38Duty to hold inquiry or hearing

(1)

Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is amended as follows.

(2)

In subsection (3) (duty to hold inquiry or hearing on request from objector), for the words from “an objection” to “applies,” substitute “—

(a)

an objection is made by a person within subsection (4),

(b)

the person informs the Secretary of State in writing that the person wishes the objection to be referred to an inquiry or dealt with in accordance with subsection (2), and

(c)

the Secretary of State considers that the objection is serious enough to merit such treatment,”.

(3)

After subsection (3) insert—

“(3A)

In a case in which the powers in subsections (1) and (2) are exercisable by the Welsh Ministers, subsection (3) is to be read as referring to the Welsh Ministers instead of the Secretary of State.”

(4)

The amendments made by this section do not apply in relation to an application in respect of which rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with before this section comes into force.

39Costs of inquiries

(1)

Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is amended as follows.

(2)

In subsection (5) (application of section 250 of the Local Government Act 1972), before paragraph (a) insert—

“(za)

the powers of direction, certification and order-making conferred by section 250(4) and (5) as applied by this subsection may, unless otherwise directed by the Secretary of State or the Welsh Ministers, be exercised on their behalf by the person holding the inquiry,”.

(3)

After subsection (5) insert—

“(5A)

The power of direction conferred by section 250(4) of the Local Government Act 1972 (costs of inquiry) as applied by subsection (5) is, in the case of an application under section 6, to be exercised so as to require the applicant to pay the costs in question, unless the person exercising the power considers that there is good reason to exercise it differently.”

(4)

In subsection (6) (application to hearings of provisions applied to inquiries), after “(costs)” insert “, and subsection (5A) of this section,”.

(5)

The amendments made by subsections (3) and (4) do not apply in relation to an application in respect of which rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with before this section comes into force.

40Deadline for decisions

(1)

The Transport and Works Act 1992 is amended as follows.

(2)

In section 13 (making or refusal of orders), after subsection (6) insert—

“(7)

The Secretary of State may, for cases involving applications under section 6, make rules as to the period within which—

(a)

a determination under subsection (1) must be made, or

(b)

a step must be taken as required by subsection (4), section 13B or section 13C.

(8)

Rules under subsection (7)—

(a)

may provide for periods to be determined or changed by the Secretary of State or the Welsh Ministers in individual cases;

(b)

may provide for the postponement of a requirement under the rules where a fee payable in connection with the application is not paid on time;

(c)

may make different provision for different cases;

(d)

if they apply in relation to Wales, may be made only with the agreement of the Welsh Ministers;

(e)

must be made by statutory instrument;

and such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament.”

(3)

In consequence of that amendment—

(a)

in section 13(6), for “to 13D” substitute “and 13C”;

(b)

omit section 13D (requirement to determine EIA application or proposal within reasonable time);

(c)

in section 14(3A)(a), for “to 13D” substitute “and 13C”.

41Publication of decisions and time for bringing challenge

(1)

The Transport and Works Act 1992 is amended as follows.

(2)

In section 14 (publicity for making or refusal of order)—

(a)

in subsection (1), for paragraphs (b) and (c) substitute “and

(b)

publish the notice on a government website.”;

(b)

in subsection (2), for “(1)(a)” substitute “(1)”;

(c)

omit subsection (2A);

(d)

in subsection (3A), for “notices” substitute “notice”;

(e)

for subsection (3AA) substitute—

“(3AA)

If the determination is for the making of an EIA order, the notice under subsection (1) must include the information specified in subsection (3AB).”;

(f)

in subsection (4)—

(i)

for “a notice” substitute “a copy of the notice under subsection (1)”;

(ii)

omit the words from “; and” to the end.

(3)

In section 22(1) (period for challenging order), for the words from “within” to “published” substitute “before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination to make the order is first published under section 14(1)(b)”.

(4)

In consequence of those amendments—

(a)

in section 12(3)(c) (modification of section 22(1) where special parliamentary procedure applies), for “the notice required by section 14(1)(b) is published” substitute “notice is first published under section 14(1)(b)”;

(b)

in section 13(5) (date of operation of order), for the words from “the notice” to “published” substitute “notice of the determination to make the order is first published under section 14(1)(b)”.

(5)

The amendments made by this section do not apply in relation to a determination made before this section comes into force or any order made further to such a determination.

42Fees for certain services

After section 23 of the Transport and Works Act 1992 insert—

“23AFees for certain services in connection with orders

(1)

The appropriate national authority may by regulations make provision for, or in connection with, the charging of fees to applicants under section 6 by prescribed public authorities, in relation to the provision of relevant services.

(2)

A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided, whether or not to an applicant under section 6, in connection with—

(a)

an application under section 6, or

(b)

any other prescribed matter relating to an order, or proposed order, under section 1 or 3.

(3)

Regulations made under subsection (1) may, in particular, make provision—

(a)

about when a fee (including a supplementary fee) may, and may not, be charged;

(b)

about the amount which may be charged;

(c)

about what may, and may not, be taken into account in calculating the amount charged;

(d)

about when a fee charged is payable;

(e)

about the recovery of fees charged;

(f)

about waiver, reduction or repayment of fees;

(g)

about the effect of paying or failing to pay fees charged (including provision permitting a prescribed public authority to withhold a relevant service that it would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);

(h)

for the supply of information for any purpose of the regulations;

(i)

conferring a function, including a function involving the exercise of a discretion, on any person.

(4)

A prescribed public authority must have regard to—

(a)

any guidance published by the Secretary of State in relation to the exercise of the authority’s functions under regulations made under this section by the Secretary of State;

(b)

any guidance published by the Welsh Ministers in relation to the exercise of the authority’s functions under regulations made under this section by the Welsh Ministers.

(5)

Regulations under this section may make—

(a)

different provision for different purposes or areas;

(b)

incidental, consequential, supplementary, transitional or transitory provision or savings.

(6)

Regulations under this section are to be made by statutory instrument.

(7)

A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)

A statutory instrument containing regulations made by the Welsh Ministers under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.

(9)

In this section—

“appropriate national authority” means—

(a)

in relation to England and cross-border orders, the Secretary of State, and

(b)

in relation to Wales but not cross-border orders, the Welsh Ministers;

“cross-border order” means an order under section 1 or 3 that has effect both in England and in Wales;

“prescribed” means prescribed by regulations made by the appropriate national authority under this section;

“public authority” means any person certain of whose functions are of a public nature.”

(1)

In the Transport and Works Act 1992, for section 17 (listed buildings and conservation areas) substitute—

“17Listed buildings: England

(1)

On making an order under section 1 or 3 that authorises controlled listed building works in England, the Secretary of State may direct that listed building consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(2)

Section 16(2) of the Listed Buildings Act (duty of special regard to listed buildings) applies to the making of a direction under this section as it would apply to the grant of listed building consent in relation to the building concerned.

(3)

Section 72(1) of the Listed Buildings Act (duty of special attention to conservation areas) applies to the making of a direction under this section in relation to a building in a conservation area as it would apply to the grant of listed building consent in relation to that building.

(4)

The provisions of the Listed Buildings Act apply in relation to any listed building consent deemed to be granted by virtue of a direction of the Secretary of State under this section as if the consent had been granted by the Secretary of State on an application referred under section 12 of that Act.

(5)

But that does not bring the decision to make the direction within section 62(2)(a) of that Act (decisions of Secretary of State that may only be challenged by way of statutory review).

(6)

In this section—

“conservation area” has the same meaning as in the Listed Buildings Act (see section 91(1) of that Act);

“controlled listed building works in England” means works to which section 7(1) of the Listed Buildings Act (demolition or alteration in character of a listed building in England) applies;

“listed building consent” means consent under section 8 of the Listed Buildings Act (listed building consent in England);

“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990.

17AListed buildings and conservation areas: Wales

(1)

On making an order under section 1 or 3 that authorises controlled listed building works in Wales, the Welsh Ministers may direct that listed building consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(2)

On making an order under section 1 or 3 that authorises controlled conservation area works in Wales, the Welsh Ministers may direct that conservation area consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(3)

Section 96(2) of HEWA 2023 (duty of special regard to listed buildings) applies to the making of a direction under subsection (1) as it would apply to the grant of listed building consent in relation to the building concerned.

(4)

Section 160(1) of HEWA 2023 (duty of special regard to conservation areas) applies—

(a)

to the making of a direction under subsection (1) in relation to a building in a conservation area, as it would apply to the grant of listed building consent in relation to that building, and

(b)

to the making of a direction under subsection (2), as it would apply to the grant of conservation area consent in relation to the building concerned.

(5)

The provisions of HEWA 2023 apply in relation to any consent deemed to be granted by virtue of a direction of the Welsh Ministers under this section as if the consent had been granted by the Welsh Ministers on an application referred under section 94 of that Act.

(6)

But that does not bring the decision to make the direction within section 182(2)(b) of that Act (decisions of Welsh Ministers that may only be challenged by way of statutory review).

(7)

In this section—

“conservation area” has the same meaning as in HEWA 2023 (see section 210 of that Act);

“conservation area consent” means consent under section 162 of HEWA 2023 (conservation area consent in Wales);

“controlled conservation area works in Wales” means works to which section 161 of HEWA 2023 (demolition of building in conservation area in Wales) applies;

“controlled listed building works in Wales” means works to which section 88 of HEWA 2023 (demolition or alteration in character of a listed building in Wales) applies;

“HEWA 2023” means the Historic Environment (Wales) Act 2023;

“listed building consent” means consent under section 89 of HEWA 2023 (listed building consent in Wales).”

(2)

In section 22 of that Act (validity of orders)—

(a)

in the heading, for “under section 1 or 3” substitute “and directions”;

(b)

after subsection (3) insert—

“(4)

This section applies to a direction under—

(a)

section 90(2A) of the Town and Country Planning Act 1990 (deemed planning permission),

(b)

section 17 or 17A of this Act (deemed listed building or conservation area consent), or

(c)

section 12(2A) of the Planning (Hazardous Substances) Act 1990 (deemed hazardous substances consent),

as it applies to an order under section 1 or 3.”

(3)

In section 12 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (reference of applications for listed building consent to Secretary of State), omit subsection (3A).

(4)

In section 94(4) of the Historic Environment (Wales) Act 2023 (reference to Welsh Ministers of application for listed building consent associated with Transport and Works Act application), after “application” in the second place it occurs insert “to the Secretary of State”.

(1)

In the Transport and Works Act 1992, after section 19 insert—

“19ADeemed consent under marine licences

(1)

An order of the Secretary of State under section 1 or 3 may include provision deeming a marine licence to have been granted by the Secretary of State for activities specified in the order (being activities for which the Secretary of State is the appropriate licensing authority).

(2)

Activity specified under subsection (1) must be carried out wholly in one or more of these areas—

(a)

England;

(b)

waters adjacent to England up to the seaward limits of the territorial sea;

(c)

an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(d)

a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(e)

an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.

(3)

An order of the Welsh Ministers under section 1 or 3 may include provision deeming a marine licence to have been granted by the Welsh Ministers for activities specified in the order (being activities for which the Welsh Ministers are the appropriate licensing authority).

(4)

An order including provision under subsection (1) or (3) may also include provision—

(a)

deeming the licence to have been granted subject to such conditions as may be specified in the order;

(b)

deeming any such conditions to have been attached to the marine licence by the Secretary of State or (as the case may be) the Welsh Ministers under Part 4 of the MCAA 2009.

(5)

If an order includes provision of the sort mentioned in paragraphs (a) and (b) of subsection (4), sections 68 (notice of applications) and 69(3) and (5) (representations) of the MCAA 2009 do not apply in relation to the deemed marine licence.

(6)

In this section—

“the appropriate licensing authority” has the meaning given by section 113 of the MCAA 2009;

“exclusive economic zone” has the meaning given by section 322(1) of the MCAA 2009;

“marine licence” means a marine licence under Part 4 of the MCAA 2009;

“the MCAA 2009” means the Marine and Coastal Access Act 2009;

“Renewable Energy Zone” has the meaning given by section 84(4) of the Energy Act 2004.

(7)

For the purposes of this section, waters are to be treated as adjacent, or as not adjacent, to England if they would be so treated for the purposes of section 113 of the MCAA 2009 as a result of sections 322(4) to (9) of that Act.”

(2)

The amendments made by this section do not apply in relation to an order applied for under section 6 of the Transport and Works Act 1992 if rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with in respect of the application before this section comes into force.

45Authorisation of applications by local authorities

(1)

In section 20 of the Transport and Works Act 1992 (power to apply for or object to orders)—

(a)

in subsection (2), omit “by subsection (3) or (4)”;

(b)

after subsection (4) insert—

“(5)

In the case of a local authority to which section 239 of the Local Government Act 1972 applies, a resolution to make an application passed, by virtue of this section, in accordance with subsection (2)(a) of that section does not need to be confirmed in accordance with subsection (2)(b) of that section.”

(2)

The amendments made by this section do not apply in relation to an application or objection that is the subject of a resolution under section 239(2)(a) of the Local Government Act 1972 passed before this section comes into force.

46Extension to Scotland of certain amendments

The amendments made to the Transport and Works Act 1992 by the following provisions are extended to Scotland—

(a)

Schedule 3 to the Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070);

(b)

regulation 4(3) and (4) of the Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311).

47Power to make consequential amendments

(1)

The Secretary of State may by regulations made by statutory instrument make provision that is consequential on sections 36 to 46.

(2)

Regulations under this section may amend—

(a)

an Act, or

(b)

an Act or Measure of Senedd Cymru,

passed before the end of the session of Parliament in which this Act is passed.

(3)

Regulations under this section may include incidental, supplemental, transitional and saving provision.

(4)

A statutory instrument containing (whether alone or with other provision) regulations made in reliance on subsection (2) may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(5)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Harbours

48Fees for applications for harbour orders

(1)

Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision orders and harbour empowerment orders) is amended as set out in subsections (2) to (4).

(2)

In paragraph 7(1) (things to accompany applications)—

(a)

after paragraph (a) insert “and”;

(b)

omit paragraph (c) and the preceding “and”.

(3)

In paragraph 9 (duty not to consider application unless certain requirements met), omit sub-paragraph (a).

(4)

After paragraph 9 insert—

“Fees

9A

(1)

The Secretary of State may, by regulations, provide for fees to be payable by applicants for harbour revision orders.

(2)

Such regulations may—

(a)

provide for the amount of a fee to be determined by a method laid down in the regulations;

(b)

empower or require the Secretary of State not to take steps in relation to an application if a fee is not paid on time;

(c)

provide for the payment of a deposit on account of a fee that will or may become payable (in which case paragraphs (a) and (b) apply to the deposit as they apply to the fee);

(d)

make incidental or supplemental provision;

(e)

make different provision for different purposes.”

(5)

In section 54 of the Harbours Act 1964 (orders and regulations), after subsection (6) insert—

“(7)

As to the power to make regulations under paragraph 9A of Schedule 3 (fees for applications)—

(a)

where the power is exercised by the Secretary of State—

(i)

the regulations are to be made by statutory instrument, and

(ii)

a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament;

(b)

where the power is exercised by the Welsh Ministers (see section 17(2C))—

(i)

the regulations are to be made by statutory instrument, and

(ii)

a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of Senedd Cymru;

(c)

where the power is exercised by the Scottish Ministers (see section 17(2C)), the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).”

Electric vehicle charge points etc

49Installation of electric vehicle charge points

(1)

Section 48 of the New Roads and Street Works Act 1991 (streets, street works and undertakers) is amended as set out in subsections (2) to (5).

(2)

After subsection (3), insert—

“(3ZA)

In this Part “street works” also includes works of any of the following kinds executed in a street in England in pursuance of a street works permit—

(a)

placing apparatus that is a public charge point, or

(b)

inspecting, maintaining, adjusting, repairing, altering, renewing, changing the position of or removing apparatus that is a public charge point,

or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).”

(3)

In subsection (3A), in the words before paragraph (a), after “(3)” insert “or (3ZA)”.

(4)

In subsection (4)—

(a)

for “in relation to street works” substitute “—

(a)

in relation to street works mentioned in subsection (3),”;

(b)

at the end insert—

“(b)

in relation to street works described in subsection (3ZA), means the person who in accordance with the street works permit is permitted to carry out the works.”

(5)

In subsection (5)—

(a)

from “are to” to “licence” substitute “(including public charge points) are to the person entitled, by virtue of—

(a)

a statutory right,

(b)

a street works licence, or

(c)

where the apparatus is a public charge point installed in England in pursuance of a street works permit, the permit,”;

(b)

after (3) insert “or (3ZA)”.

(6)

In section 51 of that Act (prohibition of unauthorised street works), in subsection (3) for “works for” to the end substitute “—

(a)

works for road purposes,

(b)

emergency works of any description, or

(c)

street works as described in section 48(3ZA) (works relating to public charge points executed in a street in England in pursuance of a street works permit).”

(7)

In section 105(1) of that Act (minor definitions)—

(a)

at the appropriate places insert—

““public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public;”;

““street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004;”;

(b)

in the definition of “statutory right”, for the words from “a right exercisable” to the end substitute—

“(a)

a right exercisable by virtue of a street works licence, or

(b)

a right, exercisable by virtue of a street works permit, to carry out street works described in section 48(3ZA).”

(8)

In section 106 of that Act (index of defined expressions)—

(a)

at the appropriate places insert—

“public charge point

section 105(1)”;

“street works permit

section 105(1)”.

(b)

in the entry for “street works”, after “48(3)” insert “and (3ZA)”.

(9)

In section 115E of the Highways Act 1980 (execution of works and use of objects etc. by persons other than councils)—

(a)

in subsection (1), for “(5)” substitute “(6)”;

(b)

after subsection (5) insert—

“(6)

A council may not under this section grant a person permission to do anything relating to a public charge point in England which is capable of being authorised by a street works permit or a street works licence.

(7)

In this section—

“public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public;

“street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004.”

50Accessibility of public charging or refuelling points

In section 10 of the Automated and Electric Vehicles Act 2018 (public charging or refuelling points: access, standards and connection) at the end insert—

“(5)

Regulations may impose requirements in connection with the accessibility of public charging or refuelling points in England, Wales and Scotland, such as requirements relating to—

(a)

the design of the point,

(b)

the location, placement or surroundings of the point, and

(c)

the provision of assistance in using the point.

(6)

Regulations under subsection (5) may prescribe requirements by reference to technical standards or specifications published by a person specified in the regulations (including standards or specifications as amended from time to time).

(7)

Regulations under subsection (5) may impose requirements on any person, including—

(a)

persons making, supplying, importing, operating or installing public charging or refuelling points;

(b)

the owners or occupiers of land on which public charging or refuelling points are situated.

(8)

Regulations under subsection (5) may not impose requirements on owners or occupiers of domestic premises.”