Giornale della 847a Seduta plenaria del Foro di cooperazione per la sicurezza
Section 6 of the Planning Act 2008 (review) is amended as set out in subsections (2) to (5).
For subsection (1) substitute—
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”.
After subsection (4) insert—
After subsection (5) insert—
After section 6 of the Planning Act 2008 insert—
Part 2 of the Planning Act 2008 (national policy statements) is amended as set out in subsections (2) and (3).
In section 6 (review)—
in subsection (7)(b)(i), omit “under section 9(8)”;
in subsection (7A), omit “under section 9(8)”;
after subsection (9) insert—
In section 9 (parliamentary requirements)—
after subsection (8) insert—;
in subsection (9)—
for “subsection (8)”, in each place, substitute “the laying requirement”;
in paragraph (b), after “5(4)(a)” insert “or 6(7)(a)”;
in subsection (10), for “subsection (8)” substitute “the laying requirement”;
after subsection (10) insert—
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.
Part 3 of the Planning Act 2008 (nationally significant infrastructure projects) is amended as set out in subsections (2) to (4).
In section 27 (dams and reservoirs)—
in subsection (1)(b), after “by” insert “, or by a person appointed by,”;
in subsection (2)(b), after “by” insert “, or by a person appointed by,”;
after subsection (3) insert—
In section 28 (transfer of water resources)—
in subsection (1)(a), after “by” insert “, or by a person appointed by,”;
after subsection (2) insert—
In section 28A (desalination plants)—
in subsection (1)(b), after “by” insert “, or by a person appointed by,”;
in subsection (2)(b), after “by” insert , or by a person appointed by,”;
after subsection (3) insert—
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—
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
any steps provided for by or under the enactment in question, to obtain that consent, had been taken.
In subsection (5), “consent” means any consent, approval, permission, authorisation, confirmation, direction or decision (however described, given or made).
The Planning Act 2008 is amended as set out in subsections (2) to (4).
In section 31 (when development consent is required)—
the existing text becomes subsection (1);
after that subsection insert—
In section 35ZA (directions under section 35), after subsection (10) insert—
After section 35A insert—
In the Electricity Act 1989, in section 36 (consent required for construction etc of generating stations)—
after subsection (1A) insert—;
after subsection (11) insert—
In the Marine and Coastal Access Act 2009, in section 12 (certain consents under section 36 of the Electricity Act 1989)—
in subsection (2), in the words after paragraph (c), for “subsections (3) and (4)” substitute “subsection (3)”;
omit subsection (4).
Omit the following sections of the Planning Act 2008—
section 42 (duty to consult);
section 43 (local authorities for purposes of section 42(1)(b));
section 44 (categories for purposes of section 42(1)(d));
section 45 (timetable for consultation under section 42);
section 47 (duty to consult local community);
section 49 (duty to take account of responses to consultation and publicity).
The Planning Act 2008 is amended as set out in subsections (2) to (9).
In section 37 (applications for orders granting development consent)—
in subsection (3)—
insert “and” at the end of paragraph (b);
omit paragraph (c) (together with the final “and”);
omit subsections (7) and (8).
In section 39 (register of applications), in subsection (4)—
insert “and” at the end of paragraph (a);
omit paragraph (b) (together with the final “and”).
In section 41 (Chapter applies before application is made), in subsection (1), at the end insert “(and “applicants” is to be construed accordingly)”.
In section 46 (duty to notify Secretary of State of proposed application)—
for subsection (1) substitute—;
omit subsection (2);
after subsection (2) insert—;
in the heading, after “Secretary of State” insert “and others”.
In section 48 (duty to publicise), omit subsection (2).
For section 50 substitute—
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,”.
In Schedule 12 (application of Act to Scotland: modifications), omit paragraph 5.
In the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/572)—
in regulation 3(1), in the definition of “the consultation bodies”—
in paragraph (a), omit “prescribed under section 42(1)(a) (duty to consult) and”;
in paragraph (a), for “column 2” substitute “column 3”;
at the end of paragraph (a) insert “(reading references to applications as references to proposed applications, where the context requires)”;
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))”;
in regulation 8(1), for “carrying out consultation under section 42 (duty to consult)” substitute “publicising the proposed application under section 48,”;
omit regulation 12 (consultation statement requirements).
Omit—
section 23(2), (3) and (4) of the Marine and Coastal Access Act 2009;
the following provisions of the Localism Act 2011—
section 133;
section 134;
section 135(8);
paragraphs 8(2) and 9 of Schedule 13.
The Planning Act 2008 is amended as set out in subsections (2) to (8).
Section 55 (acceptance of applications) is amended as set out in subsections (3) to (7).
In subsection (3)—
after paragraph (c) insert—;
omit paragraph (e).
For subsection (4) substitute—
Omit subsection (5).
Omit subsection (5A).
For subsections (6) and (7) substitute—
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)”.
In consequence of the amendment in subsection (6), omit section 137(4) of the Localism Act 2011.
The Planning Act 2008 is amended as follows.
In section 60 (local impact reports), after subsection (5) insert—
After section 96 insert—
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”.
In section 97 of that Act (procedure rules), after subsection (5) insert—
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).
The Planning Act 2008 is amended as follows.
In section 95 (hearings: disruption etc)—
omit subsections (4) and (5);
in the heading, omit “, supervision and costs”.
After section 96A (inserted by section 8) insert—
Section 53 of the Planning Act 2008 (rights of entry) is amended as set out in subsections (2) to (7).
In subsection (1), for “Any person duly authorised in writing by the Secretary of State” substitute “An authorised person”.
After subsection (1A) insert—
Omit subsection (2).
In subsection (4)—
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)”;
insert “and” at the end of paragraph (a);
in paragraph (b)—
for “any land which is occupied” substitute “the land”;
for “the occupier” substitute “every owner or occupier of the land”;
omit “and” at the end of paragraph (b);
omit paragraph (c).
After subsection (4) insert—
After subsection (8) insert—
In paragraph 7 of Schedule 12 to the Planning Act 2008 (application of Act to Scotland: modifications of section 53)—
after paragraph (za) insert—;
omit “and” at the end of paragraph (b);
after paragraph (b) insert—.
In the Localism Act 2011—
omit section 136(4);
in paragraph 12 of Schedule 13—
in sub-paragraph (2), omit “and (2)”;
omit sub-paragraph (3).
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).
Omit paragraph 2 (non-material changes to orders granting development consent) and the italic heading before it.
In paragraph 3 (changes to, and revocation of, orders)—
in sub-paragraph (3)(b), omit “or paragraph 2 of this Schedule”;
in sub-paragraph (5A), after “should” insert “, when considered in conjunction with any other changes already made,”.
If a development consent order is changed in exercise of the power conferred by paragraph 3(1), the development consent order continues in force. 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— 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.
In section 118 of the Planning Act 2008 (legal challenges)—
omit subsection (5);
in subsection (6)(b), for “notice of the change or revocation” to the end substitute “the order making the change or revocation is published.”
In consequence of the amendment in subsection (2), omit—
paragraph 4(6)(a) of Schedule 8 to the Marine and Coastal Access Act 2009,
paragraph 72(4) to (7) of Schedule 13 to the Localism Act 2011,
section 28(2) of the Infrastructure Act 2015,
paragraph 8(3)(b)(i) of Schedule 7 to the Wales Act 2017, and
section 128 of the Levelling-up and Regeneration Act 2023.
In the Senior Courts Act 1981, in subsection (1) of section 18 (restrictions on appeals to Court of Appeal), after paragraph (c) insert—.
The power to make Civil Procedure Rules must be exercised so as to secure that Civil Procedure Rules include—
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;
provision that the court may, at the oral hearing of such an application, decide that the application is totally without merit.
A relevant authority may modify—
the conditions of a particular electricity licence;
the terms of a particular electricity licence;
the standard conditions of electricity licences of a particular type;
a document maintained in accordance with the conditions of an electricity licence;
an agreement entered into in pursuance of a document maintained as mentioned in paragraph (d);
a qualifying distribution agreement.
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).
The Secretary of State may direct the GEMA to exercise the power under subsection (1).
The Secretary of State may exercise the power under subsection (3) only for the purpose mentioned in subsection (2).
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.
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.
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.
In this section and sections 15 to 17—
“Ramsar site” means a site that has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article;
a Mayoral development order made under section 61DA of that Act;
Regulation 111 of the Habitats Regulations (interpretation of Chapter 8) is amended as follows. In paragraph (1), in the definition of “land use plan”— In paragraph (1), in the definition of “plan-making authority”— In paragraph (2)—
Sub-paragraph (2) applies where Natural England completes the compulsory acquisition of land under section 89. On completion of the acquisition— Sub-paragraph (2) is subject to paragraphs 4 to 7.
Saturday or Sunday,
Section 303A of the Town and Country Planning Act 1990 (responsibility of local planning authorities for costs of holding certain inquiries) is amended as follows. In subsection (1A), before paragraph (a) insert—. After subsection (1B) insert— In subsection (2), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”. In subsection (3), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”. In subsection (6), for “or corporate joint committee” substitute “, corporate joint committee or strategic planning authority”. In subsection (9A)— After subsection (9B) (as inserted by paragraph 7(4) of Schedule 8 to LURA 2023) insert— After subsection (12) (as inserted by paragraph 7(6) of Schedule 8 to LURA 2023) insert—
Natural England may give a direction before the completion of the acquisition that paragraph 3(2) is not to apply to any right or apparatus specified in the direction.
“the UK marine strategy” means the strategy developed under the Marine Strategy Regulations 2010 (S.I. 2010/1627).
Sub-paragraph (2) applies where— The environmental impact of the development on the protected feature is to be disregarded for the purposes of—
Sub-paragraph (2) applies where— A licence under section 10 of the Protection of Badgers Act 1992, on the terms set out in the EDP, is to be treated as having been granted by Natural England to the developer.
Paragraph 3(2) is subject to any agreement which may be made (whether before or after the completion of the acquisition) between—
Natural England, and
the person—
in whom the right or apparatus concerned is vested, or
to whom it belongs.
“working day” means any day other than—
Paragraph 3(2) does not apply to— In sub-paragraph (1) “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990; and “undertaking” is to be read in accordance with section 262 of that Act (meaning of “statutory undertakers”).
Any person who suffers loss by the extinguishment of a right, or the vesting of any apparatus, under paragraph 3 is entitled to compensation from Natural England. Any compensation payable under this paragraph is to be determined in accordance with the Land Compensation Act 1961.
“Environment Act strategy” means a strategy prepared under any of the following provisions of the Environment Act 2021—
“wind generating station” means a generating station that generates electricity from wind.
Section 10 of the Protection of Badgers Act 1992 (licences) is amended as follows (see also section 117(2) (extent of this paragraph is England and Wales only)). In subsection (1)— After subsection (1) insert— In subsection (2)— After subsection (2) insert— In subsection (6), for “or (d)” substitute “, (d) or (e)”. After subsection (8) insert— After subsection (9) insert—
The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) are amended as follows.
In regulation 9 (duties relating to compliance with the Directives)—
after paragraph (2) insert—;
after paragraph (3) insert—
In regulation 55 (licences for certain activities relating to animals or plants), after paragraph (10) insert—
In regulation 58 (relevant licensing body)—
in paragraph (2), at the beginning insert “Subject to paragraph (2A),”;
after paragraph (2) insert—;
in paragraph (3), at the beginning insert “Subject to paragraph (4A),”;
after paragraph (4) insert—;
in paragraph (6), for “paragraph (2)” substitute “this regulation”;
at the end insert—
In regulation 62 (application of the provisions of Chapter 1 of Part 6), after paragraph (1) insert—
See also paragraph 1 of Schedule 3 to the Planning and Infrastructure Act 2025 (environmental delivery plans: effect on environmental obligations).
“screening opinion”.
a neighbourhood development order made under section 61E of that Act;
“relevant authority” means the Secretary of State or the GEMA;
Sub-paragraph (2) applies where— The environmental impact of the development on the protected feature is to be disregarded for the purposes of—
Sub-paragraph (2) applies where— A licence under section 16(3)(j) of the Wildlife and Countryside Act 1981, relating to the protected species and on the terms set out in the EDP, is to be treated as having been granted to the developer by the appropriate authority (see section 16(8A) and (9) of that Act).
“LURA 2023” means the Levelling-up and Regeneration Act 2023;
LURA 2023 is amended as set out in paragraphs 7 to 11.
The enactments relating to compensation for the compulsory purchase of land apply— in relation to the acquisition of new rights under section 89 as they apply to compensation for the compulsory purchase of land. Sub-paragraph (1) is without prejudice to the generality of paragraph 8.
In section 91 (interpretation of Chapter 1 of Part 3), in the definition of “relevant planning authority”, after paragraph (e) insert—.
Section 5A (relevant valuation date) of the Land Compensation Act 1961 is to be read as if for subsections (5A) and (5B) there were substituted—
In section 97 (plan making), omit “joint spatial development strategies,”.
In section 100 (assistance with plan making), in section 39A of PCPA 2004 inserted by that section, in subsection (5)(b), omit “or Part 2 of this Act”.
In Schedule 7 (plan making), omit the following provisions substituted for sections 15 to 37 of PCPA 2004—
sections 15A to 15AI;
the italic heading before section 15A;
section 15LE(2)(a), (b) and (c);
in section 15LH(3)—
the definition of “joint spatial development strategy”;
paragraph (c) of the definition of “spatial development strategy”.
Schedule 8 (minor and consequential amendments in connection with Chapter 2 of Part 3) is amended as follows. In paragraph 7, omit sub-paragraph (2)(a). In paragraph 21(a), in the words substituted for words in section 39(1)(b) of PCPA 2004, omit “joint spatial development strategy,”. In paragraph 23— In paragraph 25— In paragraph 39(6), in paragraph (6)(a) inserted into regulation 108 of the Habitats Regulations, omit “joint spatial development strategy,”. In paragraph 40—
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.
The power conferred by section 14(1)—
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);
may be exercised differently for different purposes or areas;
includes power to make incidental, supplementary, consequential or transitional modifications.
Provision included in an electricity licence by virtue of section 14(1)(a) or (c)—
may include provision of a kind mentioned in section 7 of the Electricity Act 1989;
need not relate to the activities authorised by the licence.
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.
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.
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.
Provision included in an agreement by virtue of section 14(1)(e) or (f) may in particular include provision—
requiring specified conditions to be met before the taking of particular steps under the agreement;
about the procedure for varying the agreement.
In section 33 of the Utilities Act 2000 (standard conditions of electricity licences), in subsection (1)—
omit the “or” at the end of paragraph (k), and
at the end insert , or
Before making a modification under section 14, a relevant authority must consult—
the holder of any electricity licence proposed to be modified,
the Independent System Operator and Planner,
the GEMA or the Secretary of State (depending on which relevant authority is proposing to make the modification), and
such other persons as the relevant authority considers appropriate.
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).
A relevant authority must publish details of any modifications made by it under section 14 as soon as reasonably practicable after they are made.
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.
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.
A relevant authority may—
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;
direct an electricity distributor to modify a qualifying distribution agreement entered into by the electricity distributor.
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).
A direction under subsection (1) must describe the kinds of modification to be made by the person to whom it is given.
A direction under subsection (1) may also require the person to whom it is given to modify an agreement by including in it provision—
requiring specified conditions to be met before the taking of particular steps under the agreement;
about the procedure for varying the agreement.
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.
Before giving a direction under subsection (1), the relevant authority must consult—
the person to whom it proposes to give the direction, and
such other persons as the relevant authority considers appropriate.
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).
A relevant authority must publish details of any direction it gives under subsection (1) as soon as reasonably practicable after the direction is given.
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.
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.
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.
A direction under subsection (1) may be varied or revoked by a subsequent direction given by a relevant authority.
In this section—
“common” has the same meaning as in section 19 of the Acquisition of Land Act 1981;
The Compulsory Purchase Act 1965 (“CPA 1965”) applies to the compulsory acquisition of new rights under section 89 as it applies to the compulsory purchase of land. In its application to the compulsory acquisition of such new rights, that Act is to have effect subject to— One result of sub-paragraph (2)(b) is that, in appropriate contexts, references in that Act to land are to be read as referring, or as including references, to— according to the requirements of the particular context.
Section 7 of CPA 1965 is to have effect as if for the words of that section there were substituted—
Section 8(1) of CPA 1965 is to have effect as if references to acquiring land were to acquiring a right in the land. Schedule 2A to CPA 1965 is to be read as if, for the words of that Schedule, there were substituted—
The provisions of CPA 1965 mentioned in sub-paragraph (2) (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) are to be read as if they were modified in accordance with sub-paragraph (3). The provisions are— The provisions are to be read as if they were modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be acquired compulsorily is vested absolutely in the acquiring authority.
Section 11 of CPA 1965 (powers of entry) is to be read as if it were modified so as to secure that, where the acquiring authority have served notice to treat in respect of any right as well as the notice required by subsection (1) of that section (as it applies to a compulsory acquisition under section 89), they have power, exercisable in the same circumstances and subject to the same conditions, to enter for the purpose of exercising that right; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer’s or sheriff’s warrant in the event of obstruction) of that Act are modified accordingly.
Section 20 of CPA 65 (compensation for short-term tenants) is to be read as if it were modified so as to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory purchase of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right concerned.
Section 22 of CPA 65 (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) is to be read as if it were modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right concerned, subject to compliance with that section as respects compensation.
“the EDP midpoint” means the point in time that falls halfway between the EDP start date and the EDP end date;
In Schedule 6A to the Electricity Act 1989 (provisions imposing obligations enforceable as relevant requirements)—
in paragraph 4A (electricity system operator), after sub-paragraph (c) insert—;
in paragraph 5 (distribution licence holders), after sub-paragraph (g) insert—
In Part 5 of the Energy Act 2023 (Independent System Operator and Planner), after section 165 insert—
Part 1 of the Electricity Act 1989 (electricity supply) is amended as set out in subsections (3) to (5).
In section 16 (duty to connect on request)—
after subsection (2) insert—;
at the end insert—
In section 17 (exceptions from duty to connect), in subsection (1)—
omit the “or” at the end of paragraph (b);
after paragraph (b) insert—.
In Schedule 6A (provisions imposing obligations enforceable as relevant requirements), in paragraph 4A (electricity system operator), in paragraph (c), for “165” substitute “165A”.
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.
After paragraph 1 insert—
In paragraph 2 (objections by relevant planning authority)—
in sub-paragraph (1), for “Secretary of State for his” substitute “appropriate authority for a”;
in sub-paragraph (2), at the beginning insert “In the case of an application made to the Secretary of State,”;
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— See paragraph 2A for the process that must be followed by the reporter.
in sub-paragraph (4)—
after “(2)” insert “or (2A)”;
for “Secretary of State” substitute “appropriate authority”;
in sub-paragraph (5), for “Secretary of State” substitute “appropriate authority”.
After paragraph 2 insert—
After paragraph 7A insert—
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.
After section 37 of the Electricity Act 1989 insert—
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).
For subsection (3) substitute—
In subsection (4), for “taken” substitute “published by the Scottish Ministers”.
In the heading, for “under section 36” substitute “of the Scottish Ministers”.
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”.
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—.
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.
In Schedule 4 to the Electricity Act 1989 (other powers etc of licence holders), after paragraph 6 insert—
Section 106 of the Electricity Act 1989 (regulations and orders) is amended as follows.
In subsection (1ZA)—
for “the power conferred on” substitute “a power of”;
for “by section 36C” substitute “to make regulations (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (Scottish statutory instruments))”.
After subsection (2) insert—.
are subject to the negative procedure.
At the end insert—
Schedule 1 makes—
amendments to the Electricity Act 1989 that are consequential on the amendments made by sections 19 to 23, and
other minor amendments relating to consents for electricity infrastructure in Scotland (including amendments to reflect previous transfers of functions to the Scottish Ministers).
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—
consent granted under section 36 or 37 of the Electricity Act 1989 (consent for construction etc of generating stations or for overhead lines), or
variation of consent granted under section 36 of that Act.
That provision is—
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;
provision for the Scottish Ministers to charge developers fees for screening opinions and scoping opinions;
provision about the sending of copies of EIA reports to the Scottish Ministers;
provision about the publication by developers of the information listed in regulation 14(2) of the 2017 Regulations (information about EIA reports);
provision about making EIA reports available for inspection;
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;
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;
provision about time limits for developers to provide additional information to the Scottish Ministers;
provision about the publication by developers of the information listed in regulation 20(3) of the 2017 Regulations (information about additional information);
provision about making additional information available for inspection;
provision about the publication by developers of the information listed in regulation 23(2) of the 2017 Regulations (information about decisions);
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).
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.
That provision is—
provision requiring an environmental impact assessment in respect of the proposed variation to be carried out before Scottish Ministers—
vary the consent, or
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;
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;
provision applying provisions of the 2017 Regulations (including provisions amended by regulations under subsection (1)), with or without modifications;
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).
Regulations under this section may—
make different provision for different purposes or different areas;
make consequential or supplementary provision;
make transitional provision.
Regulations under this section made by the Secretary of State are to be made by statutory instrument.
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.
Before making regulations under this section, the Secretary of State must consult the Scottish Ministers.
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).
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)).
Before making regulations under this section, the Scottish Ministers must consult the Secretary of State.
In this section, subject to subsection (13), the following terms have the same meaning as they have in the 2017 Regulations—
Christmas Day or Good Friday, or
“Ramsar Convention” means the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2 February 1971, as amended by— but if that Convention is further amended after the passing of this Act, the references to the Ramsar Convention in this Part are to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision);
a local development order made under section 61A of the Town and Country Planning Act 1990;
an application for an order granting development consent under section 37 of the Planning Act 2008, or
Sub-paragraph (2) applies where— The environmental impact of the development on the protected feature is to be disregarded for the purposes of Part 6 of the Habitats Regulations 2017.
Sub-paragraph (2) applies where— A licence under regulation 55(1) of the Habitats Regulations 2017, relating to the protected species and on the terms set out in the EDP, is to be treated as having been granted to the developer by the relevant licensing body (see regulation 58(4A) of those Regulations).
The Town and Country Planning Act 1990 is amended as follows.
In the Environmental Assessment of Plans and Programmes Regulations 2004 (S.I. 2004/1633), in regulation 5 (environmental assessment for plans and programmes: first formal preparatory act on or after 21 July 2004), in paragraph (5) (plans in relation to which assessments are not required under the regulations), after paragraph (a) insert—.
In section 74A (deemed discharge of planning conditions), in subsection (2A)—
after “to” insert —;
at the end insert , or
In section 100ZA (restrictions on power to impose planning conditions in England), in subsection (6), after “apply” insert —.
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.
In the Electricity Act 1989, after section 10O insert—
The Electricity Act 1989 is amended as follows.
After section 38 insert—
In section 106 (regulations and orders under the Act), in subsection (2ZA) (inserted by section 23(3)), after paragraph (a) insert—
In paragraph 6 of Schedule 6A (requirements enforceable against suppliers under section 25), before sub-paragraph (a) insert—.
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”.
In the Forestry Act 1967, after section 3 insert—
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.
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—
is used for defence purposes, and
is in use on the day on which this Act is passed.
The regulations may provide for— around a relevant seismic array system.
an exclusion zone, and
a restricted zone,
The regulations may—
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;
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;
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.
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—
require the applicant to provide specified information about the seismic impact of the proposals (“seismic impact information”) to which their application relates;
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);
require the planning decision-maker to refuse, or decline to determine or accept, the application in specified circumstances;
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;
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.
The regulations may—
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;
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.
The regulations may include provision about the procedure for planning applications to which they relate, such as—
provision enabling or requiring a planning decision-maker to decline to determine or accept an application;
provision modifying the process for determining an application;
provision allowing the Secretary of State to give a direction to the planning-decision maker about the procedure for an application;
provision modifying or disapplying a right of appeal or review;
provision disapplying a duty imposed on a planning decision-maker when determining an application.
The regulations may require a planning decision-maker to have regard to guidance issued by the Secretary of State.
Regulations under this section may—
amend or repeal provision contained in an Act of Parliament or an Act of the Scottish Parliament;
make different provision for different purposes or areas;
make provision binding the Crown;
make transitional, transitory or saving provision;
make incidental, supplementary or consequential provision.
Regulations under this section are to be made by statutory instrument.
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.
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
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.
In this section—
The Highways Act 1980 is amended as follows.
After section 281A (stamp duty land tax) insert—
In section 325 (provisions as to regulations, schemes and orders)—
before subsection (2) insert—;
in subsection (2)(a), after “8A” insert “or regulations made by the Welsh Ministers under section 281B”;
after subsection (2A) insert—
Section 10 of the Highways Act 1980 (trunk roads) is amended as set out in subsections (2) to (6).
Omit subsection (2A).
In subsection (3), for “this section” substitute “subsection (2)”.
In subsection (3A), after “power” insert “under subsection (2)”.
In subsection (4), for “this section” substitute “subsection (2)”.
After subsection (4) insert—
In Schedule 1 to the Highways Act 1980 (procedures for making or confirming orders and schemes), after paragraph 1 insert—
Schedule 1 to the Highways Act 1980 (procedures for making or confirming certain orders and schemes) is amended as follows.
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”.
After paragraph 2 insert—
After paragraph 8 insert—
In paragraph 10—
the existing text becomes sub-paragraph (1);
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)”;
The minimum period is—
After paragraph 15 insert—
The Highways Act 1980 is amended as follows.
In section 325 (provision for certain regulations, orders and schemes to be made by statutory instrument)—
in the heading, omit “, schemes”;
in subsection (1)—
omit paragraph (b);
in paragraph (d), after “sections” insert “10,”.
In section 326 (revocation and variation of schemes and orders)—
in subsection (2)—
after “An order” insert “or scheme”;
after “section” insert “10,”;
after “14B,” insert “16,”;
after “27,” insert “106(3),”;
after “orders” insert “or schemes”;
after “subsequent order” insert “or scheme”;
after subsection (2) insert—;
in subsection (6), before “14,” insert “10,”.
In Schedule 1 (procedures for making or confirming certain orders and schemes), after paragraph 19 insert—
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 —.
In the Transport and Works Act 1992, for section 8 (model clauses) substitute—
In the Transport and Works Act 1992, omit section 9 (special procedure for projects considered to be of national significance).
In consequence of that amendment—
in section 3 of the Statutory Orders (Special Procedure) Act 1945 (petitions against orders), omit subsection (4A);
in section 12 of the Transport and Works Act 1992 (special parliamentary procedure), omit subsection (2);
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).
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.
Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is amended as follows.
In subsection (3) (duty to hold inquiry or hearing on request from objector), for the words from “an objection” to “applies,” substitute —.
After subsection (3) insert—
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.
Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is amended as follows.
In subsection (5) (application of section 250 of the Local Government Act 1972), before paragraph (a) insert—.
After subsection (5) insert—
In subsection (6) (application to hearings of provisions applied to inquiries), after “(costs)” insert “, and subsection (5A) of this section,”.
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.
The Transport and Works Act 1992 is amended as follows.
In section 13 (making or refusal of orders), after subsection (6) insert—
In consequence of that amendment—
in section 13(6), for “to 13D” substitute “and 13C”;
omit section 13D (requirement to determine EIA application or proposal within reasonable time);
in section 14(3A)(a), for “to 13D” substitute “and 13C”.
The Transport and Works Act 1992 is amended as follows.
In section 14 (publicity for making or refusal of order)—
in subsection (1), for paragraphs (b) and (c) substitute and;
in subsection (2), for “(1)(a)” substitute “(1)”;
omit subsection (2A);
in subsection (3A), for “notices” substitute “notice”;
for subsection (3AA) substitute—;
in subsection (4)—
for “a notice” substitute “a copy of the notice under subsection (1)”;
omit the words from “; and” to the end.
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)”.
In consequence of those amendments—
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)”;
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)”.
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.
After section 23 of the Transport and Works Act 1992 insert—
In the Transport and Works Act 1992, for section 17 (listed buildings and conservation areas) substitute—
In section 22 of that Act (validity of orders)—
in the heading, for “under section 1 or 3” substitute “and directions”;
after subsection (3) insert—
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).
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”.
In the Transport and Works Act 1992, after section 19 insert—
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.
In section 20 of the Transport and Works Act 1992 (power to apply for or object to orders)—
in subsection (2), omit “by subsection (3) or (4)”;
after subsection (4) insert—
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.
The amendments made to the Transport and Works Act 1992 by the following provisions are extended to Scotland—
Schedule 3 to the Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070);
regulation 4(3) and (4) of the Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311).
The Secretary of State may by regulations made by statutory instrument make provision that is consequential on sections 36 to 46.
Regulations under this section may amend— passed before the end of the session of Parliament in which this Act is passed.
an Act, or
an Act or Measure of Senedd Cymru,
Regulations under this section may include incidental, supplemental, transitional and saving provision.
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.
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
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).
In paragraph 7(1) (things to accompany applications)—
after paragraph (a) insert “and”;
omit paragraph (c) and the preceding “and”.
In paragraph 9 (duty not to consider application unless certain requirements met), omit sub-paragraph (a).
After paragraph 9 insert—
In section 54 of the Harbours Act 1964 (orders and regulations), after subsection (6) insert—
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).
After subsection (3), insert—
In subsection (3A), in the words before paragraph (a), after “(3)” insert “or (3ZA)”.
In subsection (4)—
for “in relation to street works” substitute —;
at the end insert—
In subsection (5)—
from “are to” to “licence” substitute (including public charge points) are to the person entitled, by virtue of—;
after (3) insert “or (3ZA)”.
In section 51 of that Act (prohibition of unauthorised street works), in subsection (3) for “works for” to the end substitute —
In section 105(1) of that Act (minor definitions)—
at the appropriate places insert—; ;
in the definition of “statutory right”, for the words from “a right exercisable” to the end substitute—
In section 106 of that Act (index of defined expressions)—
public charge point section 105(1) street works permit section 105(1)
in the entry for “street works”, after “48(3)” insert “and (3ZA)”.
In section 115E of the Highways Act 1980 (execution of works and use of objects etc. by persons other than councils)—
in subsection (1), for “(5)” substitute “(6)”;
after subsection (5) insert—
In section 10 of the Automated and Electric Vehicles Act 2018 (public charging or refuelling points: access, standards and connection) at the end insert—
Section 303 of the Town and Country Planning Act 1990 (fees for planning applications etc) is amended as set out in subsections (2) to (5).
After subsection (5) insert—
After subsection (8A) insert—
In subsection (10), after “planning authority” insert “in Wales”.
Omit subsection (10A).
After section 303 of the Town and Country Planning Act 1990 insert—
In the Town and Country Planning Act 1990, after section 303ZZA (inserted by section 51) insert—
In the Town and Country Planning Act 1990, after section 319 insert—
In the Town and Country Planning Act 1990, after section 319ZZB (inserted by section 53) insert—
In section 316 of the Town and Country Planning Act 1990 (land of interested planning authorities and development by them), in subsection (3), in the words after paragraph (b), after “under” insert “sections 319ZZC to 319ZZE or”.
In section 333 of the Town and Country Planning Act 1990 (regulations and orders), after subsection (3ZAA), insert—
In section 90 of the Town and Country Planning Act 1990 (directions deeming planning permission to be granted for certain development with government authorisation), after subsection (2A) insert—
In section 90(2B) of that Act (inserted by subsection (1))—
for “applies”, in the first place it appears, substitute “and section 58B of this Act (special regard to other heritage assets) apply”;
for “it applies” substitute “they apply”.
The Town and Country Planning Act 1990 is amended as set out in subsections (2) and (3).
In section 91 (general condition limiting duration of planning permission), for subsections (3A) and (3B) substitute—
After section 92 insert—
In the Planning (Listed Buildings and Conservation Areas) Act 1990, in section 18 (limit of duration of listed buildings consent), for subsections (2A) and (2B) substitute—
The amendments made by subsections (2) and (4) do not operate to extend any implementation period that has already expired.
In relation to proceedings begun before the day on which subsection (2) comes into force (“the commencement date”)—
any extension of time under section 91(3B) of the Town and Country Planning Act 1990 that had already arisen before the commencement date as a result of those proceedings is unaffected;
subsections (3B) to (3BB) of section 91 of that Act (as inserted by subsection (2)) apply so far as any event in the proceedings giving rise to an extension of time under those subsections occurs on or after the commencement date, but not otherwise.
In relation to proceedings begun before the day on which subsection (3) comes into force, section 92A of the Town and Country Planning Act 1990 (inserted by subsection (3)) applies so far as any event in the proceedings giving rise to an extension of time under that section occurs on or after that day, but not otherwise.
In relation to proceedings begun before the day on which subsection (4) comes into force (“the commencement date”)—
any extension of time under section 18(2B) of the Planning (Listed Buildings and Conservation Areas) Act 1990 that had already arisen before the commencement date as a result of those proceedings is unaffected;
subsections (2B) to (2BB) of section 18 of that Act (as inserted by subsection (4)) apply so far as any event in the proceedings giving rise to an extension of time under those subsections occurs on or after the commencement date, but not otherwise.
The Natural Environment and Rural Communities Act 2006 is amended as set out in subsections (2) and (3).
In section 4 (advice)—
after subsection (1) insert—;
in subsection (2), after “(1)” insert “or (1C)”.
After section 4 insert—
The duties imposed by section 4A(6) of the Natural Environment and Rural Communities Act 2006, as inserted by subsection (3), may be satisfied by consultation carried out, and changes made, before this section comes into force.
Before section 13 of the Planning and Compulsory Purchase Act 2004 insert—
In section 334 of the Greater London Authority Act 1999—
in subsection (2A) (as inserted by section 95(2) of the Levelling-up and Regeneration Act 2023) omit paragraph (b) (and the “and” at the end of paragraph (a));
in subsection (2D) (also inserted by section 95(2) of that Act) omit paragraph (b) (and the “but” at the end of paragraph (a)).
Schedule 2 makes minor and consequential amendments in connection with subsection (1).
The Secretary of State may by regulations by statutory instrument make provision that is consequential on subsection (1).
Regulations under subsection (4) may amend an Act passed before the end of the session of Parliament in which this Act is passed.
Regulations under subsection (4) may include incidental, supplemental, transitional and saving provision.
A statutory instrument containing (whether alone or with other provision) regulations made in reliance on subsection (5) 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.
Any other statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.
An environmental delivery plan is a plan prepared by Natural England, and made by the Secretary of State, that sets out, in relation to development to which it applies—
the environmental features that are likely to be negatively affected by the development,
the conservation measures that are to be taken by or on behalf of Natural England in order to protect those environmental features,
the amount of the nature restoration levy payable by developers to Natural England to cover the cost of those conservation measures (see sections 62 and 72 to 81), and
the environmental obligations in relation to development that are discharged, disapplied or otherwise modified if a developer pays the nature restoration levy in relation to the development (see section 72 and Schedule 3).
In this Part—
sections 60 to 63 make provision about the required contents of an environmental delivery plan;
sections 64 to 66 make provision about the procedure for making an environmental delivery plan;
sections 67 to 71 make provision about reporting on, amending, revoking and challenging an environmental delivery plan.
In this Part, an “EDP” means an environmental delivery plan.
An EDP must specify the development to which it applies by reference to—
the area in which the development may be undertaken (the “development area”), and
the kind of development.
The development area must be an area in—
England, or
the waters adjacent to England up to the seaward limits of the territorial sea.
An EDP may—
provide that it does not apply to development in specified areas within the development area, or
specify as the development area an area that is comprised of separate parcels of land.
An EDP must—
include a map showing the boundaries of the development area, and
set out the reasons for its application to the development area and, where relevant, the reasons for excluding any area under subsection (3)(a).
An EDP must specify the maximum amount of development to which it may apply.
The maximum amount of development may be specified in any way that Natural England considers appropriate, which may, for example, be by reference to—
the area covered by the development,
measurements of floor space,
numbers of buildings or of units within buildings,
values or expected values, or
in the case of development that is a nationally significant infrastructure project within the meaning of the Planning Act 2008, any measurement of the scale of the project that is used for the purposes of Part 3 of that Act.
An EDP must specify—
the date on which it comes into force (the “EDP start date”), and
the date on which it expires (the “EDP end date”), which must be before the end of the period of ten years beginning with the EDP start date.
An EDP must identify— But an EDP need not identify all of the possible environmental impacts on an environmental feature.
one or more environmental features which are likely to be negatively affected by development to which the EDP applies, and
one or more ways in which that negative effect is likely to be caused by the development (the “environmental impact”).
An environmental feature identified in an EDP may be—
a protected feature of a protected site, or
a protected species.
An EDP must set out the measures (“conservation measures”) that are to be taken by, or on behalf of, Natural England, under the EDP in order to—
address the environmental impact of development on the identified environmental feature, and
contribute to an overall improvement in the conservation status of the identified environmental feature (see also section 65(3)).
An EDP must set out the anticipated sequencing of the implementation of the conservation measures by reference to the development to which the EDP applies.
Where an identified environmental feature is a protected feature of a protected site that is wholly in England, the EDP may set out conservation measures that do not directly address the environmental impact of development on that feature at that site but instead seek to improve the conservation status of the same feature elsewhere.
But an EDP may include conservation measures of the type mentioned in subsection (5) only if Natural England considers that such measures would make a greater contribution to the improvement of the conservation status of the feature than measures that address the environmental impact of development on the feature at the protected site itself.
An EDP must include conservation measures that are not, at the time the EDP is made, expected to be needed but which must be implemented in the circumstances set out in the EDP.
Those circumstances must relate to the effectiveness of the conservation measures that have already been implemented, as revealed by the monitoring of the EDP (see section 82(4)(a)).
An EDP must state— over the period covered by the EDP or, if longer, the period for which the conservation measures are likely to be required to address the environmental impact of development.
how much the conservation measures are expected to cost, and
how the conservation measures are to be maintained,
A conservation measure may take the form of a request, by Natural England, that a condition of development be imposed (see section 95).
In this section—
An EDP must include one or more charging schedules which set out the rates or other criteria by reference to which the amount of nature restoration levy is to be determined for each kind of development to which the EDP applies.
Each charging schedule must relate to an environmental impact of development on an identified environmental feature.
The rates or other criteria must be set in accordance with nature restoration levy regulations (see sections 73 to 80).
An EDP must describe the conservation status of each identified environmental feature as at the EDP start date.
An EDP must set out—
why Natural England considers the conservation measures to be appropriate,
Natural England’s opinion on how the conservation measures will enable the EDP to pass the overall improvement test, and
what alternatives to the conservation measures were considered by Natural England and why they were not included.
Where an EDP includes conservation measures of the type mentioned in section 61(5) (network conservation measures), it must state how, in the opinion of Natural England, the measures comply with the requirement in section 61(6) (network measure to make a greater contribution to improvement of conservation status of the feature than onsite measure).
Where an EDP identifies a protected species as an environmental feature, the EDP must set out the terms of the licence that will be treated as having been granted under paragraph 4, 5 or 6 of Schedule 3.
An EDP must specify the terms that must be incorporated into a licence under— that may be granted to Natural England to facilitate the carrying out of any conservation measures.
regulation 55 of the Habitats Regulations 2017,
section 16 of the Wildlife and Countryside Act 1981, or
section 10 of the Protection of Badgers Act 1992,
An EDP must list the strategies and plans to which Natural England had regard in preparing the EDP (see section 94(3) and (4)).
An EDP must include an overview of any other measures (in addition to the conservation measures set out in the EDP) that are being taken or are likely to be taken by Natural England or another public authority with the aim of improving the conservation status of each identified environmental feature.
An EDP must set out how Natural England will monitor the EDP (see section 82(4) and (5)).
The Secretary of State must make regulations setting out the appropriate prioritisation, by Natural England, of the different ways of addressing any negative effect of development on a protected species or on a protected feature of a protected site when—
preparing an EDP, or
considering requesting an amendment to an EDP.
The Secretary of State may make regulations setting out further information that must be included, or matters that must be dealt with, in an EDP.
When Natural England decides to prepare an EDP, it must—
notify the Secretary of State of that decision, and
publish the notification given to the Secretary of State.
After preparing a draft EDP, Natural England must publish the draft for public consultation and seek the views of the following—
the Environment Agency,
the Joint Nature Conservation Committee,
any local planning authority for an area that is wholly or partly within the development area,
any local highway authority for an area that is wholly or partly within the development area,
any strategic highways company for an area that is wholly or partly within the development area,
Network Rail Limited, if the development area includes all or part of its network,
the Mayor of London, if all or part of the development area is in Greater London,
if the development area includes all or part of the area of a mayoral combined authority, the mayor of the authority,
if the development area includes all or part of the area of a mayoral combined county authority, the mayor of the authority,
the Marine Management Organisation, if all or part of the development area is in the waters adjacent to England,
if an environmental feature identified in the draft EDP is a protected feature of a protected site that is wholly or partly in Wales, the Natural Resources Body for Wales and the Welsh Ministers,
if an environmental feature identified in the draft EDP is a protected feature of a protected site that is wholly or partly in Scotland, Scottish Natural Heritage and the Scottish Ministers,
any other public authority Natural England considers should be consulted, and
any other public authority specified in regulations made by the Secretary of State.
The Secretary of State may by regulations require a public authority specified in the regulations to respond to the consultation within the consultation period.
Natural England need not have regard to any consultation responses received after the end of the consultation period.
The consultation period is the period of 28 working days beginning with the day on which the draft EDP is published for consultation, or such longer period as is specified in regulations made by the Secretary of State.
If, after considering the responses to the consultation, Natural England amends the draft EDP, it may (but is not obliged to) reconsult.
In this section—
“Ramsar site” means a site that has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article;
In this section, the references to Wales and Scotland include the waters adjacent to them up to the seaward limits of the territorial sea.
After complying with section 64, Natural England may send a draft of the EDP to the Secretary of State to be made.
When providing the Secretary of State with a draft EDP, Natural England must also provide to the Secretary of State—
copies of all responses to the consultation, and
Natural England’s response to the consultation and details of any further consultation.
The Secretary of State may make the EDP only if the Secretary of State considers that the EDP passes the overall improvement test.
An EDP passes the overall improvement test if, by the EDP end date, the effect of the conservation measures will materially outweigh the negative effect of the EDP development on the conservation status of each identified environmental feature.
In subsection (4), “the negative effect of the EDP development” means the effect, caused by the environmental impact, as identified in the EDP in accordance with section 61(1)(b), of the maximum amount of development to which the EDP may apply, as specified in accordance with section 60(5).
The Secretary of State may request further information from Natural England in order to decide whether to make an EDP.
If the Secretary of State decides not to make an EDP, the Secretary of State must publish a notice of the decision that sets out the reasons for the decision.
After the Secretary of State makes an EDP, the Secretary of State must—
publish the EDP, or
direct Natural England to publish it.
The EDP must be published before the end of the period of 28 days beginning with the day on which the Secretary of State makes the EDP.
The EDP start date must not be before the date on which the EDP is published.
Natural England must publish—
a report on an EDP covering the period from the EDP start date to the EDP midpoint, and
a report on an EDP covering the period from the EDP midpoint to the EDP end date.
If an EDP is revoked (see section 69)—
where the EDP is revoked before the EDP midpoint, Natural England must publish a report covering the period beginning with the EDP start date and ending with the revocation date (instead of publishing the reports under subsection (1));
where the EDP is revoked after the EDP midpoint, Natural England must publish a report covering the period beginning with the EDP midpoint and ending with the revocation date (instead of publishing the report under subsection (1)(b)).
Natural England may publish a report on an EDP at any other time.
A report under subsection (1) or (2) must be published before the end of the period of two months beginning with the day on which the period covered by the report ends.
A report under subsection (1) or (2) must state—
how much of the maximum amount of development available under the EDP (see section 60(5)) remains available;
the amounts of nature restoration levy received by Natural England under the EDP;
whether the conservation measures have been implemented and if not, why not;
whether the conservation measures are having, or have had, their intended effect;
what the conservation measures are costing, and how this compares with what they were expected to cost as set out in the EDP (see section 61(9));
whether the rates or other criteria set out in each charging schedule have been amended or are expected to be amended;
whether anything else in the EDP has been amended or is expected to be amended.
A report under subsection (1)(a) (midpoint report) must also include an assessment of whether the EDP is likely to pass the overall improvement test.
A report under subsection (1)(b) (final report) must also include—
an assessment of whether the EDP has passed the overall improvement test, and
if the assessment is that the EDP has not passed the test, the extent to which the conservation measures have failed to outweigh the negative effect of the EDP development as mentioned in section 65(4).
A report under subsection (2) (revocation report) must also include—
an assessment of whether the EDP would be likely to pass the overall improvement test if it were not being revoked, but reading section 65 as if—
the reference in subsection (4) to the conservation measures were a reference to the conservation measures that have been or will be taken despite the EDP’s revocation (but not including any measures taken by way of remedial action under section 70(4));
the reference in subsection (5) to the maximum amount of development to which the EDP may apply were a reference to all of the development in respect of which a developer has paid or will pay the nature restoration levy despite the EDP’s revocation;
if the assessment is that the EDP would be unlikely to pass the test, the extent to which those conservation measures are likely to fail to outweigh the negative effect of that development.
Natural England must have regard to guidance issued by the Secretary of State about reports on an EDP.
In this section—
The Secretary of State may amend an EDP—
on a request from Natural England, or
on the Secretary of State’s own initiative.
But an EDP may not be amended so that it no longer applies to development in respect of which a developer has already committed to pay the nature restoration levy under the EDP.
Where Natural England requests, or the Secretary of State is minded to make, an amendment to an EDP that— the Secretary of State must direct Natural England to consult on the EDP as proposed to be amended.
increases the maximum amount of development to which the EDP may apply, as specified under section 60(5),
changes the development area to include a new area to which the EDP does not currently apply, or
adds new conservation measures that are of a kind not currently included in the EDP,
Where— the Secretary of State may direct Natural England to consult on the EDP as proposed to be amended.
Natural England requests any other type of amendment, other than an amendment only to a charging schedule, or
the Secretary of State is minded to make such an amendment,
Where the Secretary of State directs Natural England to consult, Natural England must—
follow the consultation procedure set out in section 64, and
provide to the Secretary of State—
copies of all responses to the consultation, and
Natural England’s response to the consultation and details of any further consultation.
The Secretary of State may make an amendment to an EDP only if the Secretary of State considers that the EDP as amended passes the overall improvement test.
If the Secretary of State decides not to make an amendment when requested to do so by Natural England, the Secretary of State must publish a notice of the decision that sets out the reasons for the decision.
After the Secretary of State amends an EDP, the Secretary of State must—
publish the EDP as amended, or
direct Natural England to publish it.
The amended EDP must be published before the end of the period of 28 days beginning with the day on which the Secretary of State makes the amendment.
The amendment must not come into effect before the date on which the amended EDP is published.
Subsections (4) to (7) do not apply to an amendment that only corrects a clerical or typographical error.
The Secretary of State may revoke an EDP—
on a request from Natural England, or
on the Secretary of State’s own initiative.
The Secretary of State must revoke an EDP if the Secretary of State no longer considers that the EDP passes the overall improvement test, unless Natural England has proposed amendments under section 68 which would, if made, result in that test being passed.
If the Secretary of State decides not to revoke an EDP when requested to do so by Natural England, the Secretary of State must publish a notice of the decision that sets out the reasons for the decision.
The power to revoke an EDP includes a power—
to revoke different parts of the EDP at different times;
to revoke the EDP, or parts of the EDP, at different times in relation to different developments.
Where the Secretary of State revokes an EDP, the Secretary of State must publish a notice of revocation setting out—
the fact that the EDP has been revoked and the date of revocation (the “EDP revocation date”),
where only part of the EDP is revoked or different parts of the EDP are revoked at different times or in relation to different developments, details of how the revocation is to take effect, and
the reasons for the revocation.
This section applies where a report under section 67(1)(b) or (2) (report at end or on revocation of EDP) contains an assessment that the EDP has not passed, or would be unlikely to pass, the overall improvement test (see section 67(7) and (8)).
The Secretary of State must take such action (“remedial action”) as the Secretary of State considers proportionate for the purpose of seeking to materially outweigh the negative effect on the conservation status of the identified environmental feature that is (or is likely to be) caused by the environmental impact (as identified in the EDP in accordance with section 61(1)(b)) of any development in respect of which a developer has paid or will pay the nature restoration levy.
In deciding whether remedial action is proportionate, the Secretary of State must take into account—
the extent of the negative effect on the conservation status of the identified environmental feature,
the extent to which the remedial action would remedy that negative effect, and
the cost of the remedial action.
Remedial action may include—
taking (or continuing to take) any conservation measures included in the EDP, or directing another public authority to take (or continue to take) such measures;
taking, or directing another public authority to take, any other measures to improve the conservation status of the identified environmental feature.
The Secretary of State must, before the end of the period of six months beginning with the date on which the report mentioned in subsection (1) is published, publish a statement setting out—
the remedial action that the Secretary of State intends to take, and
the effect that the remedial action is expected to have on the identified environmental feature.
The Secretary of State must, before the end of the period of two years beginning with the date on which the statement mentioned in subsection (5) is published, publish a report setting out—
the extent to which the remedial action has remedied the negative effect mentioned in subsection (2), and
whether the remedial action has had its expected effect, as set out in the statement under subsection (5)(b).
If any measures taken by way of remedial action have not been fully implemented by the time the report mentioned in subsection (6) is published—
that report must set out when the measures are expected to be fully implemented, and
the Secretary of State must publish a further report, containing the information required under subsection (6)(a) and (b), before the end of the period of six months beginning with the day on which the measures are fully implemented.
A court may entertain proceedings for questioning an EDP or anything done, or omitted to be done, by the Secretary of State or Natural England in the course of preparing an EDP only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed during the period of six weeks beginning with the day on which the EDP is published (see section 66).
A court may entertain proceedings for questioning a decision of the Secretary of State not to make an EDP only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of six weeks beginning with the day on which the notice of the decision not to make the EDP is published (see section 65(7)).
A court may entertain proceedings for questioning an amendment to an EDP only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of six weeks beginning with the day on which the amended EDP is published (see section 68(9)).
A court may entertain proceedings for questioning a decision of the Secretary of State not to make an amendment to an EDP only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of six weeks beginning with either—
in the case of a refusal to amend an EDP on the request of Natural England, the day on which the notice of the decision not to make the amendment is published (see section 68(7)), or
in any other case, the earlier of the day on which Secretary of State publishes a notice of the decision not to amend the EDP that sets out reasons for the decision and the day on which the person bringing the proceedings had notice of that decision and those reasons.
A court may entertain proceedings for questioning a revocation of an EDP only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of six weeks beginning with the day on which the notice of revocation is published (see section 69(5)).
A court may entertain proceedings for questioning a refusal by the Secretary of State to revoke an EDP only if—
the proceedings are brought by a claim for judicial review, and
the claim form is filed before the end of the period of six weeks beginning with either—
in the case of a refusal to revoke an EDP on the request of Natural England, the day on which the notice of the decision not to revoke the EDP is published (see section 69(3)), or
in any other case, the earlier of the day on which Secretary of State publishes a notice of the decision not to revoke the EDP that sets out reasons for the decision and the day on which the person bringing the proceedings had notice of that decision and those reasons.
A developer may make a request in writing to Natural England to pay the nature restoration levy in relation to a development to which an EDP applies.
If a development to which a request relates has already commenced, Natural England must have regard to any guidance issued by the Secretary of State in deciding whether to accept the request.
If Natural England accepts the request, the developer is committed to pay the nature restoration levy (see also section 74(4)).
Schedule 3 sets out how a commitment by a developer to pay the nature restoration levy in relation to a development results in—
an environmental impact of development on a protected feature of a protected site being disregarded for the purposes of obligations under the Habitats Regulations 2017, the Wildlife and Countryside Act 1981 or the Marine and Coastal Access Act 2009;
a developer being treated as having been granted a licence under regulation 55 of the Habitats Regulations 2017, section 16 of the Wildlife and Countryside Act 1981 or section 10 of the Protection of Badgers Act 1992.
An EDP may provide, in relation to a kind of development and kind of environmental impact on an identified environmental feature, that payment of the levy is mandatory, and if it does so—
in a case where the feature is a protected feature of a European site or a Ramsar site, the developer does not have the option of ensuring that any actions relating to the development comply with Part 6 of the Habitats Regulations instead of paying the levy;
in a case where the feature is a protected feature of an SSSI, the developer does not have the option of— instead of paying the levy;
getting Natural England’s consent under section 28E of the Wildlife and Countryside Act 1981 for operations mentioned in that section, to the extent that the operations have that kind of environmental impact on the identified environmental feature, or
ensuring that any actions relating to the development comply with section 28H or 28I of that Act,
in a case where the feature is a protected feature of a marine conservation zone, the developer does not have the option of satisfying the public authority determining an application relating to the development of the matters mentioned in section 126(6) or (7) of the Marine and Coastal Access Act 2009 instead of paying the levy;
in a case where the feature is a protected species, the developer does not have the option of applying for a licence directly under regulation 55 of the Habitats Regulations 2017, section 16 of the Wildlife and Countryside Act 1981 or section 10 of the Protection of Badgers Act 1992 (as the case may be) instead of paying the levy.
If an EDP makes provision as mentioned in subsection (5), it must set out the reasons why Natural England considers that to be necessary.
The Secretary of State may make regulations about the nature restoration levy (“nature restoration levy regulations”).
In making the regulations, the Secretary of State must aim to ensure that the overall purpose of the nature restoration levy is to ensure that costs incurred in maintaining or improving the conservation status of environmental features can be funded (wholly or partly) by developers in a way that does not make development economically unviable.
Nature restoration levy regulations may make provision about liability to pay the nature restoration levy in relation to a development, including—
who is liable to pay the levy, and
when liability to pay arises.
The regulations may in particular include provision about the assumption of liability to pay the levy, such as—
how and when a person may assume liability;
withdrawal of assumption of liability;
cancellation of assumption of liability by Natural England.
The regulations may also include provision—
imposing liability to pay the nature restoration levy in relation to a development—
where no person has assumed liability,
where an assumption of liability has been withdrawn or cancelled, or
in other specified circumstances (such as the insolvency or withdrawal of a person who has assumed liability);
about joint, several and partial liability and the liability of partnerships;
about the apportionment of liability, which may—
include provision for referral to a specified person or body for determination, and
include provision for appeals;
about the transfer of liability.
The regulations may also make provision for Natural England to be permitted, or required, to rescind its acceptance of a request by a developer to pay the levy (see section 72(1)) in circumstances specified in the regulations, such that the developer ceases to be committed to pay the nature restoration levy.
When considering the rates or other criteria to be set out in a charging schedule (see section 62(1)) in the course of preparing an EDP, Natural England must have regard, to the extent and in the manner specified by nature restoration levy regulations, to—
the actual and expected costs of the conservation measures relating to the environmental impact of development on the environmental feature to which the charging schedule relates;
matters specified in the regulations relating to the economic viability of development (which may include, in particular, actual or potential economic effects of the grant of a consent for development or the imposition of the levy);
other actual or expected sources of funding for those conservation measures.
Nature restoration levy regulations may make other provision about rates or other criteria.
The regulations may, in particular, permit or require Natural England—
to have regard, to the extent and in the manner specified by the regulations, to actual or expected administrative expenses in connection with an EDP;
to have regard, to the extent and in the manner specified by the regulations, to values used or documents produced for other statutory purposes;
to integrate the process, to the extent and in the manner specified by the regulations, with processes undertaken for other statutory purposes;
to produce charging schedules having effect in relation to specified periods (subject to revision).
The regulations may permit or require charging schedules to adopt specified methods of calculation.
In particular, the regulations may—
permit or require charging schedules to operate by reference to descriptions or purposes of development;
permit or require charging schedules to operate by reference to any measurement of the amount or nature of development (whether by reference to measurements of floor space, to numbers or intended uses of buildings or of units within buildings, to allocation of space within buildings or units, to values or expected values or in any other way);
permit or require charging schedules to operate by reference to the nature or existing use of the place where development is undertaken;
permit or require charging schedules to operate by reference to an index used for determining a rate of inflation;
permit or require charging schedules to operate by reference to values used or documents produced for other statutory purposes;
provide, or permit or require provision, for differential rates, which may include provision for supplementary charges, a nil rate, increased rates or reductions.
The regulations may require Natural England to provide in specified circumstances an estimate of the amount of the nature restoration levy chargeable in respect of development of land.
Nature restoration levy regulations must provide for a right of appeal on a question of fact in relation to the calculation of the amount of the levy payable by a developer.
Regulations under this section or section 74(3)(c)(ii) may, in particular, make provision about—
who may make an appeal,
the court, tribunal or other person who is to determine an appeal,
the period within which the right of appeal may be exercised,
the procedure on an appeal, and
the payment of fees, and award of costs, in relation to an appeal.
In any proceedings for judicial review of a decision on an appeal, the defendant is to be such person as is specified in the regulations (and the regulations may also specify a person who is not to be the defendant for these purposes).
Nature restoration levy regulations must require Natural England to spend money received by virtue of the nature restoration levy on conservation measures that relate to the environmental feature in relation to which the levy is charged (see section 62(2)).
The regulations may specify—
conservation measures that may be, or may not be, funded by the nature restoration levy;
maintenance and operational activities in connection with conservation measures that may be, or may not be, funded by the levy;
what is to be, or not to be, treated as funding.
The regulations may—
require Natural England to prepare and publish a list of conservation measures that are to be, or may be, wholly or partly funded by the nature restoration levy;
include provision about the procedure to be followed in preparing a list (which may include provision for consultation, for the appointment of an independent person or a combination);
include provision about the circumstances in which Natural England may and may not spend money received by virtue of the nature restoration levy on anything not included on the list.
In making provision about funding, the regulations may, in particular—
permit money received by virtue of the nature restoration levy to be used to reimburse expenditure already incurred;
permit such money to be reserved for expenditure that may be incurred in the future;
permit such money to be used (either generally or subject to limits set by or determined in accordance with the regulations) for administrative expenses in connection with an EDP;
make provision for funding to extend beyond the EDP end date;
make provision for the giving of loans, guarantees or indemnities;
make provision about the use of money received by virtue of the nature restoration levy where anything for which it was to be used no longer requires funding;
make provision about the use of money received by virtue of the nature restoration levy in a case where the EDP under which the levy was paid is revoked.
The regulations may—
require Natural England to account separately, and in accordance with the regulations, for any money received or due by virtue of the nature restoration levy;
require Natural England to monitor the use made and to be made of such money;
require Natural England to report on actual or expected charging, collection and use of money received by virtue of the nature restoration levy;
permit or require Natural England to pass money to another public authority (and in paragraphs (a) to (c) a reference to Natural England includes a reference to a person to whom Natural England passes money in reliance on this paragraph).
Nature restoration levy regulations must include provision about the collection of the nature restoration levy.
The regulations may make provision for payment of the levy—
on account;
by instalments.
The regulations may make provision about refunds (with or without interest) in cases of overpayment.
The regulations may make provision requiring, or deeming, the imposition of conditions of development for the purpose of securing the collection of the nature restoration levy (including conditions of development that require the payment of the nature restoration levy before development begins or that require development to cease where the nature restoration levy that is payable has not been paid).
The regulations may make provision about the treatment of payments of the nature restoration levy where there is a change to the development which affects the basis on which the levy is charged (including provision for payments that have been made in relation to a development to discharge liability for the nature restoration levy in respect of other development).
The regulations may make provision about payment in forms other than money (such as making land available, carrying out works or providing services).
The regulations may permit or require a public authority to collect any nature restoration levy charged by Natural England; and section 77(5)(a) and (c) apply to a collecting authority in respect of collection as they apply to Natural England.
Regulations under this section may—
replicate or apply (with or without modifications) any enactment relating to the collection of a tax;
confer a discretion on Natural England or a collecting authority to determine any matter.
Nature restoration levy regulations must include provision about enforcement of the nature restoration levy.
The regulations must make provision about the consequences of late payment and failure to pay.
The regulations may make provision about the consequences of failure to assume liability, to give a notice or to comply with another procedure under nature restoration levy regulations.
The regulations may, in particular, include provision—
for the payment of interest;
for the imposition of a penalty or surcharge;
conferring a power of entry onto land;
requiring the provision of information;
creating a criminal offence (including, in particular, an offence relating to evasion or attempted evasion or to the provision of false or misleading information or failure to provide information);
conferring power to prosecute an offence;
for enforcement of sums owed (whether by action on a debt, by distraint against goods or in any other way);
conferring jurisdiction on a court to grant injunctive or other relief to enforce a provision of the regulations (including a provision included in reliance on this section);
for enforcement in the case of death or insolvency of a person liable to pay the nature restoration levy.
Nature restoration levy regulations may include provision (whether or not in the context of late payment or failure to pay) about registration or notification of actual or potential liability to pay the levy; and the regulations may include provision—
for the creation of local land charges;
for the registration of local land charges;
for enforcement of local land charges (including, in particular, for enforcement—
against successive owners, and
by way of sale or other disposal with consent of a court);
for making entries in statutory registers;
for the cancellation of charges and entries.
Regulations under this section may—
replicate or apply (with or without modifications) any enactment relating to the enforcement of a tax;
provide for appeals.
Regulations under this section may provide that any interest, penalty or surcharge payable by virtue of the regulations is to be treated for the purposes of sections 77 to 80 as if it were an amount of nature restoration levy.
Regulations providing for a surcharge or penalty must ensure that the total amount of a surcharge or penalty in respect of an amount of nature restoration levy may not exceed 30% of that amount.
But the regulations may provide for more than one surcharge or penalty to be imposed in relation to a levy charge.
The regulations may not authorise entry to a private dwelling without a warrant issued by a justice of the peace.
Regulations under this section creating a criminal offence may not provide for—
imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only,
imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or
imprisonment for a term exceeding 2 years, on conviction on indictment.
In subsection (11)(a), “the maximum term for summary offences” means—
in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;
in relation to an offence committed after that time, 51 weeks.
In this Part, a reference to administrative expenses in connection with an EDP includes a reference to enforcement expenses.
Nature restoration levy regulations may require Natural England or another public authority to pay compensation in respect of loss or damage suffered as a result of enforcement action.
In this section, “enforcement action” means action taken under regulations under section 79.
The regulations may provide that compensation is not required to be paid—
to a person who has failed to satisfy a liability to pay the nature restoration levy, or
in other circumstances specified by the regulations.
The regulations may make provision about—
the time and manner in which a claim for compensation is to be made, and
the sums, or the method of determining the sums, payable by way of compensation.
Nature restoration levy regulations may permit or require Natural England to apply the nature restoration levy (either generally or subject to limits set by or determined in accordance with the regulations) for expenditure incurred under this section.
A dispute about compensation may be referred to and determined by the Upper Tribunal.
In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 apply subject to any necessary modifications and to the provisions of nature restoration levy regulations.
The Secretary of State may give guidance to Natural England or another public authority about any matter connected with the nature restoration levy.
Natural England, or any other public authority to whom guidance is given, must have regard to the guidance.
Natural England’s functions under this Part include—
administering EDPs;
taking conservation measures, and doing anything else that Natural England considers necessary to implement EDPs;
monitoring EDPs.
In exercise of the function under subsection (1)(b), Natural England may, among other things, develop land.
Natural England may pay another person to take conservation measures.
In monitoring an EDP, Natural England must take sufficient measures to monitor—
the effectiveness of the conservation measures that have been implemented, and
the effects of the EDP in general.
In deciding how to monitor an EDP, Natural England must have regard to guidance issued by the Secretary of State.
A person authorised by Natural England may enter and survey or investigate any land in connection with the exercise by Natural England of any function conferred by or under this Part.
The power conferred by subsection (1)—
must be exercised at a reasonable hour;
may not be exercised in relation to a private dwelling.
A person authorised under subsection (1) may not demand admission as of right to any land which is occupied unless notice in writing of the intended entry has been given to the occupier as follows—
if the land is held by a statutory undertaker, the notice must be at least 21 days;
in any other case, the notice must be at least 24 hours.
But notice under subsection (3) is not required to be given for second and subsequent entries onto the same land to carry out the same kind of surveying or investigating.
A person may not be authorised under subsection (1) to enter and survey or value land in connection with a proposal by Natural England to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
In this section, “statutory undertaker” means a person who is, or who is deemed to be, a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990.
This section applies if a justice of the peace is satisfied, on an application by an authorised person giving written information on oath—
that there are reasonable grounds for entering and surveying or investigating any land except a private dwelling in connection with the exercise by Natural England of any function conferred by or under this Part, and
that—
an authorised person has given notice as set out in section 83(3) but has been denied admission to the land or received no reply to a request for admission within a reasonable period,
admission to the land is unlikely to be granted unless a warrant is produced, or
it is necessary to confer a power to use force (if necessary) to achieve the purpose for which entry is sought.
The justice of the peace may issue a warrant conferring a power on any authorised person to enter and survey or investigate the land, if necessary using reasonable force.
Subject to subsection (8), a warrant may be executed in relation to land which is occupied only if notice in writing of the intended entry has been given to the occupier as follows—
if the land is held by a statutory undertaker, the notice must be at least 21 days;
in any other case, the notice must be at least 24 hours.
That notice must—
be accompanied by a copy of the warrant, or
if no warrant has yet been issued, state that Natural England intends to apply for a warrant.
A person executing or seeking to execute a warrant must produce a copy of the warrant to the occupier of the land (if present).
A warrant must specify the number of occasions on which the warrant confers power to enter and survey or investigate the land.
The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the warrant is required.
Where a warrant authorises entry onto the same land on more than one occasion, notice under subsection (3) is not required to be given for second and subsequent entries to carry out the same kind of surveying or investigating.
Execution of a warrant must be—
within the period of three months starting with the date of its issue;
at a reasonable hour.
A warrant under this section may not authorise a person to enter and survey or value land in connection with a proposal by Natural England to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
In this section—
“PCPA 2004” means the Planning and Compulsory Purchase Act 2004;
the national site network within the meaning of the Habitats Regulations 2017 (see regulation 3 of those Regulations);
the national Ramsar site series within the meaning of the Habitats Regulations 2017 (see regulation 3 of those Regulations);
In this section and in sections 86 and 87, “power of entry” means a power to enter and survey or investigate land conferred by section 83 or by a warrant under section 84.
An authorisation of a person by Natural England to exercise a power of entry must be in writing.
When exercising or seeking to exercise a power of entry, a person must if asked produce evidence of the person’s authority and state the purpose of the intended entry.
A person exercising a power of entry may be accompanied by any person, and bring anything, required for any purpose for which the power of entry is being exercised.
If a person exercising a power of entry has reasonable cause to expect any obstruction in exercising the power, the person may be accompanied by a constable.
If in the exercise of a power of entry a person enters land which is unoccupied or from which the occupier is absent, the person must leave it as effectively secured against unauthorised entry as the person found it.
A person exercising a power of entry must not carry out any surveying or investigating of a kind specified in subsection (8) unless details of what is proposed were included in—
the notice under section 83(3) or 84(3), or
if the land is unoccupied, a notice given to every owner of the land that the person is able to identify after taking reasonable steps to do so.
The kinds of surveying or investigating referred to in subsection (7) are—
carrying out an aerial survey;
leaving apparatus on the land in question;
taking samples of—
water,
air,
soil or rock,
flora,
blood, tissue or other biological material of fauna (living or dead), or
any non-living thing present as a result of human action;
searching for flora or fauna;
carrying out exploratory works for purposes connected with the taking of a conservation measure.
A written authorisation from the Secretary of State is required before a person exercises a power of entry if—
the land in question is held by a statutory undertaker, and
the undertaker objects to anything proposed to be done in exercise of the power of entry on the ground that doing it would be seriously detrimental to the undertaker carrying on its undertaking.
Any such objection must be in writing and must be provided to Natural England within the period for which notice is given in relation to the intended entry under section 83(3) or 84(3).
In this section, “statutory undertaker” has the meaning given by section 83.
If damage is caused to land or other property in the exercise of a power of entry, a person suffering the damage may recover compensation from Natural England.
Notice required to be given under section 83(3), 84(3) or 85(7)(b) must include a statement about the right to such compensation.
Any question of disputed compensation under subsection (1) is to be referred to and determined by the Upper Tribunal.
Section 4 of the Land Compensation Act 1961 (costs) applies to the determination of a question referred under subsection (3) 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 Natural England.
A person who intentionally obstructs a person acting in exercise of a power of entry commits an offence.
A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person commits an offence if the person discloses confidential information, obtained in the exercise of a power of entry, for purposes other than those for which the power was exercised.
A person who commits an offence under subsection (3) is liable—
on summary conviction, to a fine;
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.
In subsection (3), “confidential information” means information—
which constitutes a trade secret, or
the disclosure of which would or would be likely to prejudice the commercial interests of any person.
A person authorised by a relevant authority may enter and survey or investigate any land for remedial action purposes.
Subsection (3) applies if a justice of the peace is satisfied, on an application by a person authorised by a relevant authority giving written information on oath—
that there are reasonable grounds for entering and surveying or investigating any land except a private dwelling for remedial action purposes, and
that a condition specified in section 84(1)(b)(i), (ii) or (iii) is met (reading the reference to an authorised person in subsection (1)(b)(i) as a reference to a person authorised by the relevant authority).
The justice of the peace may issue a warrant conferring a power on any person authorised by the relevant authority to enter and survey or investigate the land, if necessary using reasonable force.
The following provisions apply in relation to the exercise of the powers conferred by or under subsections (1) and (3) on a person authorised by the relevant authority as they apply in relation to the exercise of the powers conferred by or under sections 83 and 84 on a person authorised by Natural England, reading references in the applied provisions to Natural England as references to the relevant authority—
section 83(2) to (6) (notice requirement etc);
section 84(3) to (10) and the definition of “statutory undertaker” in subsection (11) of that section (requirements for execution of warrant);
section 85(1) to (8) (further provision about powers of entry);
section 86 (compensation);
section 87 (offences).
Subsections (9) to (11) of section 85 (land held by statutory undertakers) apply in relation to the exercise of the powers conferred by or under subsections (1) and (3) by a person authorised by an authority within subsection (7)(b)as they apply in relation to the exercise of the powers conferred by or under sections 83 and 84 on a person authorised by Natural England, reading the reference in the applied provisions to Natural England as a reference to the authority within subsection (7)(b).
In this section “remedial action purposes” means purposes connected with the taking by the Secretary of State or another public authority of—
a conservation measure as mentioned in section 70(4)(a), or
any other measure to improve the conservation status of an identified environmental feature as mentioned in section 70(4)(b).
In this section “relevant authority” means—
the Secretary of State, or
a public authority to which the Secretary of State has given a direction under section 70(4)(a) or (b).
Natural England may acquire land compulsorily if the Secretary of State authorises it to do so.
The power under subsection (1) may be exercised in relation to land only if Natural England requires the land for purposes connected with the taking of a conservation measure.
The power under subsection (1) includes power to acquire new rights over land.
Subsection (5) applies where—
land or new rights over land are being acquired compulsorily under subsection (1), and
any of the land which is being acquired, or over which new rights are being acquired, is land which has been acquired by statutory undertakers for the purposes of their undertaking.
The power under subsection (1) includes power to acquire land compulsorily for giving in replacement for the land or (as the case may be) new rights mentioned in subsection (4)(b).
Subsection (7) applies where—
land or new rights over land are being acquired compulsorily under subsection (1), and
any of the land which is being acquired, or over which new rights are being acquired, is or forms part of a common, open space or allotment.
The power under subsection (1) includes power to acquire land compulsorily for giving in exchange for the land or (as the case may be) new rights mentioned in subsection (6)(b).
Schedule 4 makes further provision in relation to compulsory acquisition by Natural England under this section.
In this section—
“SSSI” means a site of special scientific interest within the meaning of Part 2 of the Wildlife and Countryside Act 1981;
Section 24
Part 1 of the Electricity Act 1989 (electricity supply) is amended as follows.
Section 36 (consent required for construction etc of generating stations) is amended as follows. In subsection (3), for “Secretary of State” substitute “appropriate authority”. In subsection (5A)— After subsection (5A) insert— In subsection (5B), for “the Water Environment (Controlled Activities) (Scotland) Regulations 2005” substitute “the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209)”.
Section 36B (duties in relation to navigation) is amended as follows. In subsection (4)(b)— In subsection (7), before the definition of “consent” insert—.
In section 36C, for the heading substitute “Application for variation of section 36 consent”.
Section 37 (consent required for overhead lines) is amended as follows. In subsection (1), for “Secretary of State” substitute “appropriate authority”. In subsection (3)— At the end insert—
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.
In paragraph 1 (applications for consent)—
in sub-paragraph (1), after “An application” insert “that is made to the Secretary of State”;
in sub-paragraph (2), after “application” insert “that is made to the Secretary of State”;
in sub-paragraph (3), after “applications” insert “that are made to the Secretary of State”;
in the heading, after “Applications” insert “made to the Secretary of State”.
Paragraph 3 (objections by other persons) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2)—
Paragraph 4 (public inquiries) is amended as follows. In sub-paragraph (1), in the words before paragraph (a), after “application” insert “that is made to the Secretary of State”. Where in accordance with paragraph 2A or 3(2) a public inquiry is to be held in relation to an application that is made to the Scottish Ministers for consent under section 36 or 37 of this Act, and it appears to the Scottish Ministers that in addition to any public notice of such an inquiry any further notification concerning the inquiry is necessary or expedient (either by way of service of notice upon any person or in any other way), the Scottish Ministers may direct the applicant to take such further steps for this purpose as may be specified in the direction. In sub-paragraph (4)— Omit sub-paragraph (5).
Paragraph 5 (provisions supplementary to paragraphs 2 to 4) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2), for “Secretary of State”, in both places it occurs, substitute “appropriate authority”.
Paragraph 6 (special provision as to consents under section 37) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2)—
Paragraph 7A (generating stations not within areas of relevant planning authorities) is amended as follows. In sub-paragraph (6)(a), after “2(2)” insert “, 2A”. In sub-paragraph (7)— In sub-paragraph (8)— In sub-paragraph (9), for “Secretary of State” substitute “appropriate authority”. In sub-paragraph (10), for “Secretary of State” substitute “appropriate authority”.
In paragraph 8 (supplemental), in paragraph (1), after “Schedule” insert —.
Section 58(3)
a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
In this Schedule—
the Protocol known as the Paris Protocol done at Paris on 3 December 1982, and
“Habitats Regulations” means the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).
PCPA 2004 is amended as set out in paragraphs 3 to 5.
The Acquisition of Land Act 1981 (“ALA 1981”) applies to the compulsory acquisition of land under section 89, with the following modification. Section 17(2) of ALA 1981 (orders to be subject to special parliamentary procedure in certain cases involving local authority or statutory undertakers’ land) does not apply to the acquisition of an interest in land by Natural England acting under section 89.
The Compulsory Purchase (Vesting Declarations) Act 1981 (“CP(VD)A 1981”) applies to the compulsory acquisition of new rights under section 89—
with the modifications specified in paragraph 16, and
with such other modifications as may be necessary.
In section 15LH (interpretation) (as inserted by Schedule 7 to LURA 2023), in subsection (3), in the definition of “spatial development strategy”—
in paragraph (b), after “adopted” insert “before Part 1A comes into force”;
after paragraph (b) insert—.
The modifications of CP(VD)A 1981 referred to in paragraph 15(a) are as follows. References to CPA 1965 are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to— References to CPA 1965 are to be read as references to that Act as it applies to the compulsory acquisition of a right under section 89. Section 8(1) (vesting, and right to enter and take possession) is to be read as securing that— Section 9(2) (right of entry under section 8(1) not exercisable in respect of land subject to certain tenancies unless notice has been served on occupiers of the land) is to be read as requiring a notice served by the appropriate authority under that provision to refer to the authority’s intention to enter land specified in the notice in order to exercise the right. In section 10(1) (acquiring authority’s liability on vesting of the land), the reference to the acquiring authority’s taking possession of the land under section 11 of CPA 1965 is to be read as a reference to the authority’s exercising the power to enter the land under that provision as modified by paragraph 12 of this Schedule. Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) is to be read as if—
Schedule 3 to ALA 1981 applies to the acquisition of new rights under section 89, with the following modification. Paragraph 4(2) of that Schedule (orders to be subject to special parliamentary procedure in certain cases involving local authority or statutory undertakers’ land) does not apply to the acquisition of an interest in land by Natural England acting under section 89.
In section 39A (assistance with plan making) (as inserted by section 100 of LURA 2023), in subsection (5), after paragraph (b) insert—.
In section 113 (validity of strategies, plans and documents)—
in subsection (9)(f) (as inserted by paragraph 23(3)(c) of Schedule 8 to LURA 2023), after “adopted” insert “before Part 1A comes into force”;
after subsection (9)(f) insert—
“planning decision-maker” means a person who determines a planning application;
Section 72(4)
Section 89(8)
Section 96
The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) are amended as follows.
In regulation 3 (interpretation), in paragraph (1)—
after the definition of “marine area” insert—;
after the definition of “priority species” insert—.
In regulation 24 (assessment of implications for European sites)—
after paragraph (2) insert—;
in the heading, at the end insert “and certain Ramsar sites”.
In regulation 25 (sites of special scientific interest which become European sites: duty to review)—
in paragraph (1)—
after “where” insert —;
at the end insert , or;
in paragraph (3)—
in sub-paragraph (a), after “24(1)” insert “or (2A)”;
in sub-paragraph (b), after “24(2)” insert “or (2B)”;
in the heading, after “European sites” insert “or Ramsar sites”.
In the italic heading before regulation 63, for “and European offshore marine sites” substitute “, European offshore marine sites and certain Ramsar sites”.
In regulation 63 (assessment of implications for European sites and European offshore marine sites)—
after paragraph (1) insert—;
in paragraph (5), after “European site” insert “, the Ramsar site”;
in paragraph (9), for “paragraph (1)” substitute “paragraphs (1) and (1A)”;
in the heading, for “and European offshore marine sites” substitute “, European offshore marine sites and certain Ramsar sites”.
In regulation 64 (considerations of overriding public interest), in paragraph (1), after “European site” insert “, the Ramsar site”.
In regulation 65 (review of existing decisions and consents) in paragraph (1)—
after “European site” insert “, a Ramsar site”;
after “63(1)” insert “or (1A)”.
In regulation 67 (co-ordination where more than one competent authority involved)—
in paragraph (2), after “(1)” insert “or (1A)”;
in paragraph (3)(a), after “European site” insert “, a Ramsar site”;
in paragraph (3)(b), after “European site” insert “, a Ramsar site”.
In regulation 68—
the existing text becomes paragraph (1);
at the end insert—
In regulation 70 (grant of planning permission)—
in paragraph (2), after “European site” insert “, a Ramsar site”;
in paragraph (3), after “European site” insert “, a Ramsar site”.
In regulation 72 (planning permission: consideration on review), in paragraph (3), after “European site” insert “, a Ramsar site”.
In regulation 73 (planning permission: effect of orders made on review), in paragraph (6), after “European site” insert “, a Ramsar site”.
In regulation 75 (general development orders)— In regulation 75(2) (as inserted by sub-paragraph (1)), after “force” insert “or a street vote development order”.
In regulation 76 (general development orders: opinion of appropriate nature conservation body), in paragraph (7), for “75(a)” substitute “75(1)(a) or (2)(a)”.
In regulation 77 (general development orders: approval of local planning authority), in paragraph (6), after “European site” insert “, the Ramsar site”.
In regulation 79 (special development orders), in paragraph (4)(b), after “European site” insert “, a Ramsar site”.
In regulation 80 (local development orders), in paragraph (4)(b), after “European site” insert “, a Ramsar site”.
In regulation 81 (neighbourhood development orders), in paragraph (4)(b), after “European site” insert “, a Ramsar site”.
In regulation 82 (simplified planning zones)—
after paragraph (2) insert—;
in paragraph (5)(b), after “European site” insert “, a Ramsar site”.
In regulation 83 (enterprise zones)—
after paragraph (2) insert—;
after paragraph (4) insert—;
in paragraph (5)(b), after “European site” insert “, a Ramsar site”.
In regulation 84 (grant of development consent), in paragraph (2), after “European site” insert “, a Ramsar site”.
In regulation 85 (development consent: review), in paragraph (1)(a), after “European site” insert “, a Ramsar site”.
In regulation 85A (assumptions to be made about nutrient pollution standards: general), in paragraph (6)(a), after “63(1)” insert “or (1A)”.
In regulation 87 (construction or improvement of highways or roads), in paragraph (2)(b), after “European site” insert “, a Ramsar site”.
In regulation 88 (cycle tracks and other ancillary works), at end insert—
In regulation 89 (consents under Electricity Act 1989: application of assessment and review provisions)—
in paragraph (2), after “European site” insert “, a Ramsar site”;
in paragraph (6), after “European site” insert “, a Ramsar site”;
in paragraph (8), after “European site” insert “, a Ramsar site”.
In regulation 93 (authorisations under Pipe-lines Act 1962: application of assessment and review provisions)—
in paragraph (2), after “European site” insert “, a Ramsar site”;
in paragraph (3)(a)(ii), after “European site” insert “, a Ramsar site”;
in paragraph (4), after “European site” insert “, a Ramsar site”.
In regulation 97 (orders under Transport and Works Act 1992: application of assessment and review provisions)—
in paragraph (2), after “European site” insert “, a Ramsar site”;
in paragraph (3), after “European site” insert “, a Ramsar site”;
in paragraph (4), after “European site” insert “, a Ramsar site”.
In regulation 101 (environmental permits)—
in paragraph (2), after “European site” insert “, a Ramsar site”;
in paragraph (4), after “European site” insert “, a Ramsar site”.
In regulation 102 (abstraction and works authorised under water legislation)—
in paragraph (3), after “European site” insert “, a Ramsar site”;
in paragraph (6), after “European site” insert “, a Ramsar site”.
In regulation 103 (marine works)—
in paragraph (2), after “European site” insert “, a Ramsar site”;
in paragraph (4), after “European site” insert “, a Ramsar site”.
In regulation 104 (derogations in relation to nitrate pollution prevention legislation), in paragraph (2), after “European site” insert “, a Ramsar site”.
In regulation 105 (assessment of implications for European sites and European offshore marine sites)—
after paragraph (1) insert—;
in paragraph (4), after “European site” insert “, the Ramsar site”;
in the heading, for “and European offshore marine sites” substitute “, European offshore marine sites and certain Ramsar sites”.
In regulation 106 (assessment of implications for European site: neighbourhood development plans)—
in paragraph (3), after “European site” insert “or Ramsar site”;
in the heading, for “site” substitute “sites and Ramsar sites”.
In regulation 107 (considerations of overriding public interest), in paragraph (1), after “European site” insert “, the Ramsar site”.
In regulation 108 (co-ordination for land use plan prepared by more than one authority)—
in paragraph (2), after “(1)” insert “or (1A)”;
in paragraph (3), after “105(1)” insert “or (1A)”;
in paragraph (3)(a), after “European site” insert “, a Ramsar site”;
in paragraph (3)(b), after “European site” insert “, a Ramsar site”.
In regulation 109 (compensatory measures)—
the existing text becomes paragraph (1);
at the end insert—
In regulation 110A (assessments under this Chapter: required assumptions)—
in paragraph (5)(a), after “105(1)” insert “or (1A)”;
in paragraph (5)(b), after “105(1)” insert “or (1A)”.
“network” has the meaning given by section 83(1) of the Railways Act 1993;
Section 16 of the Wildlife and Countryside Act 1981 (power to grant licences) is amended as follows (see also section 117(2) (extent of this paragraph is England and Wales only)). After subsection (6) insert— After subsection (8) insert— In subsection (8A), at the end insert “, but this is subject to subsection (8ZA).” In subsection (9), in the words before paragraph (a), after “subsections” insert “(8ZA),”.
The Marine and Coastal Access Act 2009 is amended as follows. In section 125 (general duties of public authorities in relation to MCZs), after subsection (12) insert— In section 141 (exceptions to offences under section 139 or 140), in subsection (1), after paragraph (a) insert—.
The Secretary of State may acquire land compulsorily if the Secretary of State requires the land for remedial action purposes.
In subsection (1), “remedial action purposes” means purposes connected with the taking by the Secretary of State or another public authority of—
a conservation measure as mentioned in section 70(4)(a), or
any other measure to improve the conservation status of an identified environmental feature as mentioned in section 70(4)(b).
The provisions of section 89(3) to (9) and Schedule 4 apply in relation to (or to matters connected with) the compulsory acquisition of land by the Secretary of State under subsection (1) as they apply in relation to (or to matters connected with) the compulsory acquisition of land by Natural England under section 89(1).
Natural England must publish a report for each financial year on the exercise of its functions under this Part.
Each report must include—
a list of all EDPs in force, and details of the kinds of development and environmental obligations covered by each one;
a list of EDPs being prepared, and details of the kinds of development and environmental obligations proposed to be covered by each one;
details of any amendments to or revocations of EDPs since the previous report;
a summary of Natural England’s accounts in respect of the financial year in question relating to its functions under this Part, including information about—
the total amounts received by Natural England by virtue of the nature restoration levy in respect of that year, and
the total amounts spent on conservation measures in respect of that year.
Natural England must have regard to guidance issued by the Secretary of State about the preparation of a report under this section.
Natural England must send a copy of a report under this section to the Secretary of State, and publish the report, within such period as the Secretary of State directs.
The Secretary of State must lay a copy of the report before Parliament.
In this section “financial year” means—
the period beginning with the day on which this Part comes into force and ending with the next 31 March, and
each subsequent period of 12 months ending with 31 March.
The Secretary of State may by regulations designate another person to exercise the functions of Natural England under this Part.
The regulations may make provision—
for a designated person to replace Natural England, or
for Natural England or a designated person to exercise functions under this Part only in relation to an area or a kind of development specified in the regulations.
The regulations may confer on a designated person such functions of Natural England under Part 1 of the Natural Environment and Rural Communities Act 2006 as the Secretary of State considers necessary to enable the designated person to exercise the functions of Natural England under this Part.
The power to make regulations under subsection (1) includes a power to make consequential amendments to an Act (including to this Act).
The Secretary of State may, in connection with regulations made under section 92(1), make one or more schemes for the transfer of property, rights and liabilities (a “transfer scheme”) between—
Natural England and a designated person;
two or more designated persons.
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme;
criminal liabilities.
A transfer scheme may—
create rights, or impose liabilities, in relation to property or rights transferred;
make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred;
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
make provision for the shared ownership or use of property;
make provision which is the same as or similar to the TUPE regulations;
make other consequential, supplementary, incidental or transitional provision.
A transfer scheme may provide—
for modifications by agreement;
for modifications to have effect from the date when the original scheme came into effect.
For the purposes of this section—
references to rights and liabilities include rights and liabilities relating to a contract of employment;
references to the transfer of property include the grant of a lease.
For the purposes of subsection (5)(a)—
an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and
the terms of the individual’s employment in the civil service of the State are to be treated as constituting the terms of the contract of employment.
In this section—
the Protocol known as the Paris Protocol done at Paris on 3 December 1982, and
This section applies where—
Natural England or the Secretary of State is exercising any functions in relation to the preparation, amendment or revocation of an EDP, or
the Secretary of State is considering whether to take, or is taking, remedial action under section 70.
Natural England or the Secretary of State must take account of the best available scientific evidence.
Natural England or the Secretary of State must have regard to— so far as Natural England or the Secretary of State considers them to be relevant.
the development plan for the development area,
the current environmental improvement plan,
any Environment Act strategies, and
any other strategies or plans,
Where an EDP specifies as the development area an area that includes waters adjacent to England (see section 60(2)(b)), Natural England or the Secretary of State must also have regard to— so far as Natural England or the Secretary of State considers them to be relevant.
any marine plan,
the marine policy statement, and
the UK marine strategy,
Where an EDP includes as an identified environmental feature a protected feature of a protected site, Natural England or the Secretary of State must have regard to any conservation objectives of the site that relate to the feature, so far as Natural England or the Secretary of State considers them to be relevant.
Where an EDP includes as an identified environmental feature a protected species, Natural England or the Secretary of State must have regard to the need to achieve favourable conservation status for that species in their natural range.
Subsection (8) applies where—
an EDP includes as an identified environmental feature a protected feature of a protected site, and
the EDP includes conservation measures of the type mentioned in section 61(5) (network conservation measures).
Natural England or the Secretary of State must have regard to the need to protect the overall coherence of each relevant site network of which the protected site forms a part, so far as it relates to the protected feature.
The Secretary of State may by regulations make provision about other things that must be done by Natural England when exercising functions in relation to the preparation, amendment or revocation of an EDP.
In this section—
A public authority in England must co-operate with Natural England and give it such reasonable assistance as it requests in connection with the preparation or implementation of an EDP.
The things that a public authority may be required to do under the duty in subsection (1) include, in particular—
the provision of information to Natural England;
the imposition or variation of a condition of development;
assistance with the implementation of conservation measures.
A public authority must have regard to any guidance given by the Secretary of State about how the duty in subsection (1) is to be complied with.
Subsection (1) does not apply to—
a court or tribunal,
either House of Parliament, or
a person exercising a parliamentary function.
The duty in subsection (1) does not operate to require a disclosure or use of information that would contravene the data protection legislation (but in determining whether a disclosure or use would do so, the duty is to be taken into account).
In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
In Schedule 5—
Part 1 amends the Habitats Regulations 2017 to provide that, for certain purposes, Ramsar sites are treated in the same way as European sites;
Part 2 makes amendments related to, or consequential on, provision made by this Part.
The Secretary of State may by regulations make amendments (including amendments to an Act or to assimilated law) that are consequential on this Part.
Regulations under this Part are to be made by statutory instrument.
A statutory instrument containing— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
nature restoration levy regulations,
regulations under section 92 (power to designate person to exercise functions of Natural England), or
regulations under section 96(2) (consequential amendments) which amend an Act,
Any other statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations under this Part—
may make different provision for different purposes or areas;
may make transitional, transitory or saving provision;
may make incidental, supplementary or consequential provision.
This Part binds the Crown, subject as follows.
Regulations under this Part may (but need not) make provision binding the Crown; but—
no contravention of any provision of regulations under this Part is to make the Crown criminally liable;
regulations under this Part may not confer a power of entry over Crown land unless the regulations require a person who may exercise such a power to obtain the permission of the appropriate authority before the power is exercised.
Before implementing a conservation measure under an EDP that is to be taken on or may otherwise affect Crown land, Natural England must obtain the permission of the appropriate authority.
The power conferred by section 83 applies in relation to Crown land, but only if the person seeking entry to the land has the permission of—
a person appearing to the person seeking entry to be entitled to give it, or
the appropriate authority.
The power conferred by section 88(1) applies in relation to Crown land, but, except where subsection (6) applies, only if the person seeking entry to the land has the permission of—
a person appearing to the person seeking entry to be entitled to give it, or
the appropriate authority.
This subsection applies if—
the person seeking to exercise that power is a person authorised by the Secretary of State, and
the appropriate authority is a government department or the Secretary of State.
If the appropriate authority is the occupier of the land, section 83(3) (notice requirement) does not apply in relation to the exercise of the power conferred by section 83 or 88(1).
The following provisions do not apply in relation to anything done by virtue of subsection (4) or (5)—
section 85(7) to (10) (further provision about powers of entry);
section 87 (offences).
Sections 89 and 90 (powers to acquire land compulsorily) do not apply in relation to Crown land.
In this section, “Crown land” and “the appropriate authority” have the same meanings as in Part 13 of the Town and Country Planning Act 1990 (see section 293 of that Act).
In this Part—
The New Towns Act 1981 is amended as set out in subsections (2) and (3).
In section 1 (designation of areas), for subsection (3) substitute—
In section 3 (establishment of development corporations for new towns), after subsection (1) insert—
The Local Government, Planning and Land Act 1980 is amended as set out in subsections (5) and (6).
In section 134 (urban development areas), after subsection (1B) (as inserted by section 171(2) of the Levelling-up and Regeneration Act 2023) insert—
In section 171 (interpretation of Part 16)—
the existing text becomes subsection (1);
after that subsection insert—
In section 201 of the Localism Act 2011 (objects and powers of Mayoral development corporations), in subsection (1) after “regeneration” insert “or development”.
The New Towns Act 1981 is amended as set out in subsections (2) to (5).
In section 1 (designation of areas), after subsection (3) insert—
In section 1ZA (local authority proposal for designation of locally-led new town in England, as inserted by section 172(2) of the Levelling-up and Regeneration Act 2023), after subsection (1) insert—
In section 1ZB (designation of locally-led new town in England, as inserted by section 172(2) of the Levelling-up and Regeneration Act 2023), in subsection (2)—
for “may” substitute “must”;
omit from “if” to the end.
In section 77 (regulations and orders)—
in subsection (2A), after “section” insert “1(3ZC) or”;
in subsection (3C), after “order” insert “or regulations”.
The Localism Act 2011 is amended as set out in subsections (7) to (9).
In section 197 (designation of Mayoral development areas)—
in subsection (1), for “any” substitute “an”;
after subsection (2) insert—
In section 218 (transfer schemes: general provisions), in the definition of “transfer scheme” in subsection (1), after “section” insert “197(2D),”.
In section 235 (orders and regulations)—
in subsection (7), after paragraph (j) insert—;
in subsection (14), after “52” insert “or regulations under section 197”.
The Local Government, Planning and Land Act 1980 is amended as set out in subsections (11) to (13).
In section 134 (urban development areas)—
in subsection (1B) (as inserted by section 171(2) of the Levelling-up and Regeneration Act 2023)—
in the words before paragraph (a), for “may” substitute “must”;
omit paragraph (b) (and the “and” immediately before it);
after subsection (1C) (inserted by section 100) insert—;
in subsection (4), after “(1B)” insert “or regulations made by the Secretary of State under subsection (1F)”;
in subsection (4A), after “(1B)” insert “or regulations made by the Secretary of State under subsection (1F)”.
In section 134A (local authority proposal for designation of locally-led urban development area in England, as inserted by section 171(3) of the Levelling-up and Regeneration Act 2023), after subsection (1) insert—
In section 171 (interpretation), in the definition of “urban development area”, after “it” insert “by virtue of subsection (1E) of that section or”.
In section 4 of the New Towns Act 1981 (objects and general powers of development corporations), in subsection (1A), for “the achievement of sustainable development” substitute —
In section 136 of the Local Government, Planning and Land Act 1980 (objects and general powers of urban development corporations), after subsection (1) insert—
In section 201 of the Localism Act 2011 (objects and powers of Mayoral development corporations), after subsection (1) insert—
The New Towns Act 1981 is amended as set out in subsections (2) to (5).
In section 4 (objects and general powers of development corporations)—
after subsection (1B) insert—;
in subsection (2), in the words before paragraph (a), after “corporation” insert “established for the purposes of a new town in Wales”;
in subsection (3)—
in the words before paragraph (a), for “subsection (2)” substitute “subsections (1C) and (2)”;
in paragraph (a), for “that subsection” substitute “those subsections”;
in paragraph (b), for “that subsection” substitute “those subsections”;
in subsection (5)(b), after “subsection” insert “(1C) or”.
After section 4 insert—
In section 5 (restriction on powers of development corporations), in subsection (5)—
in paragraph (a), after “services” insert “or heat networks”;
in paragraph (b), at the beginning insert “in the case of a development corporation established for the purposes of a new town in Wales,”;
in the words after paragraph (b), after “undertaking” insert “in Wales”.
In section 80(1) (defined terms), at the appropriate place insert—.
The Local Government, Planning and Land Act 1980 is amended as set out in subsections (7) to (9).
In section 136 (objects and general powers)—
after subsection (2) insert—;
in subsection (3), in the words before paragraph (a), after “corporation” insert “established for the purposes of an urban development area in Wales”;
in subsection (4), for after “subsection” insert “(2A) or”;
in subsection (7), for “subsection (3)” substitute “subsection (2A) or (3)”.
After section 136 insert—
In section 171 (interpretation), at the appropriate place insert—.
The Localism Act 2011 is amended as follows.
In section 205(4) (powers of Mayoral development corporations in relation to infrastructure), at the end of paragraph (a) insert “including heat networks within the meaning of section 216 of the Energy Act 2023,”.
In section 212 (power of Mayoral development corporations to carry on businesses or undertakings)—
after subsection (1) insert—;
after subsection (6) insert—
In the New Towns Act 1981, after section 9 insert—
In the Local Government, Planning and Land Act 1980, after section 140 insert—
In section 6 of the Acquisition of Land Act 1981 (service of documents), at the end insert—
In section 38 of the Land Compensation Act 1961 (service of notices), at the end insert—
In Part 6 of the Land Compensation Act 1973 (supplementary provisions), after section 84 insert—
The amendments made by subsection (1) do not apply in relation to a compulsory purchase order made under the Acquisition of Land Act 1981 in a case where the first notice under— was published before this section came into force.
section 11(1) of that Act (purchases by local and other authorities: public notice), or
paragraph 2(1) of Schedule 1 to that Act (purchases by Ministers: public notices),
The amendments made by subsection (1) do not apply in relation to a purchase under the Compulsory Purchase Act 1965 in a case where the notice to treat under section 5(1) of that Act relating to the purchase was given before this section came into force (for the application of section 6 of the Acquisition of Land Act 1981 to the service of notices under the Compulsory Purchase Act 1965, see section 30 of that Act).
Part 2 of the Acquisition of Land Act 1981 (purchases by local and other authorities) is amended as set out in subsections (2) and (3).
In section 11 (obligation on acquiring authority to publish notice of compulsory purchase order), after subsection (2) insert—
In section 15 (notices after confirmation of order)—
after subsection (4) insert—;
at the end of subsection (4F)(b), insert “except that, in the case of a fulfilment notice under subsection (4C)(b)(i), the requirement to annex a description of the land (see subsection (4)(a)) may be met by briefly identifying the land (by giving its postal address or otherwise).”
Schedule 1 to that Act (purchases by Ministers) is amended as set out in subsections (5) and (6).
In the case of a notice under sub-paragraph (1)(a), the requirement in sub-paragraph (2)(b) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).
In paragraph 6 (notices after confirmation order)—
In the case of a notice under sub-paragraph (3)(a), the requirement in sub-paragraph (4)(a) to describe the land may be met by briefly identifying the land (by giving its postal address or otherwise).
at the end of sub-paragraph (4D)(b), insert “except that, in the case of a fulfilment notice under sub-paragraph (4C)(b)(i), the requirement to annex a description of the land (see sub-paragraph (4)(a)) may be met by briefly identifying the land (by giving its postal address or otherwise).”
Section 14A of the Acquisition of Land Act 1981 (confirmation by acquiring authority) is amended as follows.
In subsection (3)(c), for “without modification” substitute —
After subsection (4) insert—
In subsection (5)—
in paragraph (a), for “or” substitute “other than those specified in the notice,”;
at the end insert , or
After subsection (6) insert—
The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as follows.
In section 2(1) (interpretation and construction), after the definition of “acquiring authority” insert—.
In section 4 (execution of declaration)—
in subsection (1) omit from “(not” to the end;
after subsection (1) insert—
After section 4 insert—
In section 6 (notices after execution of declaration), after subsection (1) insert—
The Compulsory Purchase (Vesting Declarations) Act 1981 is amended as set out in subsections (2) to (6).
After section 8A insert—
In section 7(1) (constructive notice to treat), in the words before paragraph (a) for “section 8A” substitute “sections 8A and 8B”.
In section 8(1) (vesting, and right to enter and take possession), in the words before paragraph (a) after “8A” insert “, 8B”.
In section 10 (acquiring authority’s liability on vesting of the land), for subsection (1A) substitute—
In Schedule A1 (counter-notice requiring purchase of additional land), in paragraph 2, at the end insert “(but this is subject to section 8B(3)(b)).”
In section 5A of the Land Compensation Act 1961 (relevant valuation date), in subsection (4A), in the words before paragraph (a)—
after “8A” insert “or 8B”;
after “postponement” insert “or advancement”.
Part 3 of the Land Compensation Act 1973 (provisions for benefit of persons displaced from land) is amended as set out in subsections (2) to (4).
In section 33A (basic loss payment)—
after subsection (1) insert—;
in subsection (2), at the beginning insert “In a case where the qualifying interest is in land in Wales,”.
In section 33B (occupier’s loss payment: agricultural land)—
after subsection (1) insert—;
in subsection (2), at the beginning insert “In a case where the qualifying interest is in land in Wales,”;
in subsection (3), for “this section” substitute “subsection (2)”;
after subsection (7), insert—;
in subsection (8), at the beginning insert “In the case of land in Wales,”;
after subsection (8), insert—;
in subsection (9), at the beginning insert “In the case of land in Wales”.
In section 33C (occupier’s loss payment: other land)—
after subsection (1) insert—;
in subsection (2), at the beginning insert “In a case where the qualifying interest is in land in Wales,”;
in subsection (3), for “this section” substitute “subsection (2)”;
after subsection (7), insert—;
in subsection (8), at the beginning insert “In the case of land in Wales,”;
after subsection (9), insert—;
in subsection (10)—
at the beginning insert “In the case of land in Wales,”;
after “gross” insert “internal”;
omit subsection (11).
The amendments made by subsections (2) to (4) do not apply in relation to a compulsory acquisition where any notice of the compulsory acquisition was given before this section came into force.
For the purposes of subsection (5), notice of a compulsory acquisition is given—
in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—
on the date of publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, that Act, in accordance with that Act, or
on the date of service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act;
in the case of a compulsory acquisition which is to be authorised by any other order, on the date of publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act;
in the case of a compulsory acquisition which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, on the date on which that notice is served;
in the case of a compulsory acquisition which is to be authorised by a special enactment, on the date of publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business.
In this section, “special enactment” means—
a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or
a provision which—
is contained in an Act other than a local or private Act, and
authorises the compulsory acquisition of land specifically identified in that Act.
Part 3 of the Land Compensation Act 1973 (provisions for benefit of persons displaced from land) is amended as set out in subsections (2) to (5).
In section 29(1) (right to home loss payment where person displaced from dwelling), in the words after paragraph (f), for “section 32” substitute “sections 32 and 32A”.
After section 32 insert—
In section 33 (home loss payments for certain caravan dwellers)—
in subsection (1), for “32” substitute “32A”;
in subsection (6), for “32” substitute “32A”.
In section 33D (loss payments: exclusions), for subsection (6) substitute—
The amendments made by subsections (2) to (5) do not apply in relation to a compulsory acquisition where any notice of the compulsory acquisition was given before this section came into force.
For the purposes of subsection (6), notice of a compulsory acquisition is given—
in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—
on the date of publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, that Act, in accordance with that Act, or
on the date of service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act;
in the case of a compulsory acquisition which is to be authorised by any other order, on the date of publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act;
in the case of a compulsory acquisition which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, on the date on which that notice is served;
in the case of a compulsory acquisition which is to be authorised by a special enactment, on the date of publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business.
In this section, “special enactment” means—
a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or
a provision which—
is contained in an Act other than a local or private Act, and
authorises the compulsory acquisition of land specifically identified in that Act.
In section 18 of the Neighbourhood Planning Act 2017 (power to take temporary possession of land), for subsection (3) substitute—
The Acquisition of Land Act 1981 is amended as set out in subsections (2) to (4).
In section 14A (confirmation by acquiring authority), omit subsection (2A) (power for acquiring authority to confirm order not applicable where compensation is assessed in accordance with section 14A of Land Compensation Act 1961).
In Schedule 2A (enactments eligible for directions applying section 14A of the Land Compensation Act 1961), before paragraph 1 insert—
In section 15A (directions applying section 14A of the Land Compensation Act 1961)—
in subsection (5), after “paragraphs” insert “A1 or”;
in subsection (8)(b), after “paragraphs” insert “A1 or”.
The Land Compensation Act 1973 is amended as set out in subsections (6) to (9).
In section 30 (amount of home loss payment in England and Wales), in subsection (3)(a), at the end (but before the “and”) insert “(and in a case where the compulsory purchase order authorising the acquisition directs that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored), the market value is the value assessed in accordance with that section)”.
In section 33A (basic loss payment), in subsection (6), after “acquisition” insert “(including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored))”.
In section 33B (occupier’s loss payment: agricultural land), in subsection (5), after “acquisition” insert “(including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored))”.
In section 33C (occupier’s loss payment: other land), in subsection (5), after “acquisition” insert “(including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored))”.
In Part 1 of Schedule 4 to the New Towns Act 1981 (procedure for authorising compulsory acquisitions by development corporations and local highway authorities), after paragraph 4 insert—
Schedule 2A to the Land Compensation Act 1961 (additional compensation where section 14A applied) is amended as follows.
After paragraph 1 insert—
In paragraph 7(1)(b) (regulations about procedure), after “confirming authority” insert “or an inspector”.
In Part 6 of the Levelling-up and Regeneration Act 2023 (environmental outcome reports), in section 152(1) (power to specify environmental outcomes), for “a relevant offshore area” substitute “elsewhere”.
The amendments made by this Act bind the Crown to the extent that the provisions amended bind the Crown.
Subject to subsection (2), an amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.
Paragraphs 40 and 44 of Schedule 5 extend to England and Wales only.
A provision of this Act, other than an amendment, repeal or revocation, extends to England and Wales only, subject to subsections (4) to (6).
The following provisions extend to England and Wales and Scotland—
sections 14 to 17;
section 19(6);
section 21(7);
section 30;
section 47.
The following provisions extend to Scotland only—
section 25;
section 46.
Section 116, this section and sections 118 and 119 extend to England and Wales, Scotland and Northern Ireland.
In Part 1—
sections 1 and 2 come into force on such day as the Secretary of State may by regulations appoint;
section 3 comes into force on the day on which this Act is passed;
sections 4 to 9 come into force on such day as the Secretary of State may by regulations appoint;
section 10 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
sections 11 to 13 come into force on such day as the Secretary of State may by regulations appoint;
sections 14 to 18 come into force on the day on which this Act is passed;
in section 19—
subsections (1) and (2), subsection (4) so far as it confers powers to make regulations, and subsections (5) and (6) come into force on the day on which this Act is passed;
subsection (3), and subsection (4) for remaining purposes, come into force at the end of the period of two months beginning with the day on which this Act is passed;
section 20 comes into force at the end of the period of two months beginning with the day on which this Act is passed, except that it comes into force on the day on which this Act is passed so far as it confers power to make regulations;
section 21 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
sections 22 and 23 come into force on the day on which this Act is passed;
section 24 and Schedule 1 come into force at the end of the period of two months beginning with the day on which this Act is passed, except that paragraph 7 of Schedule 1 comes into force on such day as the Secretary of State may by regulations appoint;
section 25 comes into force on the day on which this Act is passed;
section 26 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
section 27 comes into force on the day on which this Act is passed;
section 28 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
section 29 comes into force at the end of the period of two months beginning with the day on which this Act is passed, except that it comes into force on the day on which this Act is passed so far as it confers power to make regulations;
section 30 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
sections 31 and 32 come into force at the end of the period of two months beginning with the day on which this Act is passed;
section 33 comes into force on such day as the Secretary of State may by regulations appoint;
sections 34 and 35 come into force at the end of the period of two months beginning with the day on which this Act is passed;
section 36 comes into force on such day as the Secretary of State may by regulations appoint;
sections 37 to 39 come into force at the end of the period of two months beginning with the day on which this Act is passed;
in section 40—
subsections (1) and (2) come into force at the end of the period of two months beginning with the day on which this Act is passed;
subsection (3) comes into force on such day as the Secretary of State may by regulations appoint;
sections 41 and 42 come into force at the end of the period of two months beginning with the day on which this Act is passed;
section 43 comes into force on such day as the Secretary of State may by regulations appoint;
sections 44 and 45 come into force at the end of the period of two months beginning with the day on which this Act is passed;
section 46 comes into force on the day on which this Act is passed;
section 47 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
section 48(1), (4) and (5) come into force at the end of the period of two months beginning with the day on which this Act is passed;
section 48(2) and (3) come into force— and in this paragraph “relevant regulations” means regulations under paragraph 9A of Schedule 3 to the Harbours Act 1964 (inserted by section 48(4));
in relation to applications made to the Secretary of State, on the day on which the first relevant regulations made by the Secretary of State come into force;
in relation to applications made to the Scottish Ministers, on the day on which the first relevant regulations made by the Scottish Ministers come into force;
in relation to applications made to the Welsh Ministers, on the day on which the first relevant regulations made by the Welsh Ministers come into force;
sections 49 and 50 come into force on such day as the Secretary of State may by regulations appoint.
In Part 2—
section 51 comes into force on such day as the Secretary of State may by regulations appoint, except that it comes into force on the day on which this Act is passed so far as it confers power to make regulations;
sections 52 and 53 come into force at the end of the period of two months beginning with the day on which this Act is passed;
in section 54—
subsection (1) comes into force at the end of the period of two months beginning with the day on which this Act is passed;
subsection (2) comes into force on such day as the Secretary of State may by regulations appoint;
in section 55—
subsection (1) comes into force at the end of the period of two months beginning with the day on which this Act is passed;
subsection (2) comes into force at the same time as section 102(1) of the Levelling-up and Regeneration Act 2023;
section 56 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
section 57 comes into force on such day as the Secretary of State may by regulations appoint;
section 58(1), (2) and (3) and Schedule 2 come into force on such day as the Secretary of State may by regulations appoint, except that section 58(1) comes into force on the day on which this Act is passed so far as it confers power to make regulations;
section 58(4) to (8) come into force at the end of the period of two months beginning with the day on which this Act is passed.
Part 3 (including Schedules 3, 4 and 5) comes into force on such day as the Secretary of State may by regulations appoint, except that paragraph 14(2) of Schedule 5 comes into force at the same time as section 106 of the Levelling-up and Regeneration Act 2023.
Part 4 comes into force on such day as the Secretary of State may by regulations appoint.
In Part 5—
section 105 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
section 106 comes into force on such day as the Secretary of State may by regulations appoint;
section 107 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
sections 108 and 109 come into force on such day as the Secretary of State may by regulations appoint;
sections 110 and 111 come into force at the end of the period of two months beginning with the day on which this Act is passed;
section 112 comes into force at the same time as section 18 of the Neighbourhood Planning Act 2017;
in section 113—
subsections (1), (2) and (5) to (9) come into force at the end of the period of two months beginning with the day on which this Act is passed;
subsections (3) and (4) come into force on such day as the Secretary of State may by regulations appoint;
section 114 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
In this Part—
section 115 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
sections 116 to 119 come into force on the day on which this Act is passed.
The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
Regulations under this section—
are to be made by statutory instrument;
may make different provision for different purposes or different areas.
This Act may be cited as the Planning and Infrastructure Act 2025.