Growth and Infrastructure Act 2013 in Scotland

In section 109(2) of the Communications Act 2003 (matters to which Secretary of State must have regard when making regulations about conditions and restrictions on application of electronic communications code), after paragraph (b) insert—

“(ba)

the need to promote economic growth in the United Kingdom;”.

In section 109 of that Act (regulations specifying the restrictions and conditions subject to which the electronic communications code is to apply) after subsection (2) insert—

“(2A)

Subsection (2B) applies if—

(a)

the Secretary of State has complied with subsection (2)(b) in connection with any particular exercise before 6 April 2018 of the power to make regulations under this section, and

(b)

the regulations in question are expressed to cease to have effect (other than for transitional purposes) before that date.

(2B)

The Secretary of State is to be treated as also having complied with any duty imposed in connection with that exercise of that power by any of the following—

• section 11A(2) of the National Parks and Access to the Countryside Act 1949;

• section 85(1) of the Countryside and Rights of Way Act 2000;

• section 17A(1) of the Norfolk and Suffolk Broads Act 1988;

• section 14 of the National Parks (Scotland) Act 2000 (asp 10);

• Article 4(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (N.I. 1)).”

For the purposes of its application to section 17A of the Norfolk and Suffolk Broads Act 1988, the definition of “statutory undertaker” in section 25(1) of that Act is until 6 April 2018 to be read as if paragraph (d) were omitted.

Consultation undertaken for the purposes of section 109(4) of the Communications Act 2003 in anticipation of the commencement of this section (including consultation undertaken before the passing of this Act) is as effective as consultation undertaken after that commencement.

The Statutory Orders (Special Procedure) Act 1945 is amended as follows.

In section 1(1) (Act applies where subsequent Act requires an order to be subject to parliamentary procedure) after “provision is made requiring that any such order shall be subject to special parliamentary procedure” insert “ or requiring that any such order shall be subject to special parliamentary procedure to a limited extent ”.

In section 1 after subsection (2) insert—

“(3)

In this Act “special-acquisition provision” means—

(a)

section 130, 131 or 132 of the Planning Act 2008 (certain orders granting development consent which also authorise compulsory acquisition of, or of rights over, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment),

(b)

section 17, 18 or 19 of, or paragraph 4, 5 or 6 of Schedule 3 to, the Acquisition of Land Act 1981 (certain compulsory purchase orders which authorise compulsory acquisition of, or of rights over, land of a local authority or statutory undertaker, inalienable National Trust land, or land forming part of a common, open space or fuel or field garden allotment),

(c)

paragraph 22 of Schedule 3 to the Harbours Act 1964 (harbour revision or empowerment order authorising compulsory purchase of, or of rights over, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment),

(d)

paragraph 12 or 13 of Schedule 4 to the New Towns Act 1981 (order authorising compulsory purchase of local authority land, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment), or

(e)

section 12 of the Transport and Works Act 1992 (order authorising compulsory purchase of, or of rights over, inalienable National Trust land or land forming part of a common, open space or fuel or field garden allotment).

(4)

A reference in this Act to land to which a special-acquisition provision applies is to be read as follows—

(a)

“land” has the same meaning as it has for the purposes of the special-acquisition provision, and

(b)

in the case of a special-acquisition provision mentioned in subsection (3)(c) or (e), the reference is to—

(i)

land (as so defined) belonging to the National Trust which is held by the Trust inalienably, or

(ii)

land (as so defined) forming part of a common, open space or fuel or field garden allotment.

(5)

The definition of “the National Trust” given by section 7(1) of the Acquisition of Land Act 1981, and section 18(3) of that Act (meaning of “held inalienably”), apply for the purposes of subsection (4)(b)(i).

(6)

In subsection (4)(b)(ii) “common”, “fuel or field garden allotment” and “open space” have the same meaning as in section 19 of that Act.”

After section 1 insert—

“Order subject to special parliamentary procedure only so far as authorising certain acquisitions of land or rights

1A

(1)

Where under a special-acquisition provision an order is subject to special parliamentary procedure so far as the order authorises compulsory acquisition of, or of a right over, land to which that provision applies, sections 3 to 7 of this Act apply in relation to the order with the modifications specified in subsections (3) to (19).

(2)

Where those sections apply with those modifications in relation to an order, in subsections (3) to (19) “the special authorisation” means the order so far as it authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies.

(3)

In section 3(1) the reference to a petition duly presented against the order is to be read as a reference to a petition duly presented against the special authorisation.

(4)

In section 3(2)—

(a)

the reference to petitions against an order to which this Act applies is to be read as a reference to petitions against the special authorisation, and

(b)

in paragraphs (a) and (b) a reference to the order is to be read as a reference to the special authorisation.

(5)

In section 3(4) a reference to the order is to be read as a reference to the special authorisation.

(6)

In section 3(4A)—

(a)

the reference in the opening words to the order to which a petition relates is to be read as a reference to the order containing the special authorisation to which a petition relates, and

(b)

in paragraph (a) the reference to the order being one that relates to proposals of the kind mentioned is to be read as a reference to the Chairmen being of the opinion that removal of the special authorisation from the order would be inconsistent with proposals of that kind.

(7)

In section 3(5)—

(a)

the reference to every order to which this Act applies is to be read as a reference to the special authorisation, and

(b)

the reference to every such report is to be read as a reference to the report of the Chairmen in respect of the special authorisation.

(8)

In section 4(1)—

(a)

the reference to any order to which this Act applies is to be read as a reference to the special authorisation,

(b)

the reference to resolving that an order be annulled is to be read as a reference to resolving that the special authorisation be annulled,

(c)

the reference to an order becoming void is to be read as a reference to the special authorisation becoming void, and

(d)

the reference to taking no further proceedings on an order is to be read as a reference to taking no further proceedings on the special authorisation.

(9)

In section 4(2) the reference to the order is to be read as a reference to the special authorisation.

(10)

In section 4(3)—

(a)

the reference to neither House resolving that the order be annulled is to be read as a reference to neither House resolving that the special authorisation be annulled, and

(b)

the reference to petitions relating to the order is to be read as a reference to petitions relating to the special authorisation.

(11)

Section 4 is to be read as if after subsection (3) there were inserted—

“(4)

Where either House resolves during the resolution period that the special authorisation be annulled, the Minister is to either—

(a)

withdraw the order by notice given in the prescribed manner, or

(b)

cause the order to be submitted to Parliament for further consideration by means of a Bill for the confirmation of the order.

(5)

A Bill presented for the purposes of subsection (4)(b) must set out the order as laid before Parliament under section 1(2) of this Act, and any such Bill is to be treated as a public bill, except that—

(a)

where a petition for amendment of the special authorisation was certified as proper to be received, the Bill—

(i)

after being read a second time in the House in which it is presented, is to be referred to a joint committee of both Houses for the purposes of the consideration of that petition,

(ii)

after it has been reported by the joint committee, is to be ordered to be considered in the House in which it is presented as if it had been reported by a committee of that House, and

(iii)

when it has been read a third time and passed in that House, is to be treated as having passed through all its stages up to and including committee in the second House;

(b)

where no such petition has been so certified—

(i)

the Bill is after its presentation to be treated as having passed all its stages up to and including committee in the House in which it is presented,

(ii)

the Bill is to be ordered to be considered in that House as if it had been reported from a committee of that House, and

(iii)

when the Bill has been read a third time and passed in that House, the like proceedings are to be taken on the Bill in the second House.”

(12)

In section 5(1)—

(a)

the reference to any petition against an order to which this Act applies is to be read as a reference to any petition against the special authorisation,

(b)

the reference to the order standing referred to a committee is to be read as a reference to the special authorisation standing referred to that committee, and

(c)

the reference to the committee's power to report the order is to be read as a reference to the committee's power to report the special authorisation.

(13)

In section 5(2) a reference to the order is to be read as a reference to the special authorisation.

(14)

In section 5(3) the reference to any order to which this Act applies is to be read as a reference to the special authorisation.

(15)

In section 6(1) the reference to an order to which this Act applies being reported without amendment is to be read as a reference to the special authorisation being reported without amendment.

(16)

In section 6(2) the reference to any such order being reported with amendments is to be read as a reference to the special authorisation being reported with amendments.

(17)

In section 6(3) the reference to it being reported, with respect to any such order, that the order be not approved is to be read as a reference to it being reported that the special authorisation be not approved.

(18)

In section 6(5)—

(a)

the requirement for a Bill to set out the order as referred to the joint committee is to be read as a requirement for the Bill to set out the order as laid under section 1(2) of this Act, and

(b)

in paragraph (a) the reference to a petition for amendment of the order is to be read as a petition for amendment of the special authorisation.

(19)

In section 7 a reference to an order to which this Act applies is to be read as a reference to the special authorisation.”

After section 9 insert—

“Standing Orders in cases where section 1A applies

9A

(1)

In this section, a reference to a special-acquisition order is to an order which, under a special-acquisition provision, is subject to special parliamentary procedure so far as it authorises compulsory acquisition of, or of a right over, land to which that provision applies.

(2)

A reference in section 9(a) or (d) of this Act to an order to which this Act applies is, in the case of a special-acquisition order, to be read as a reference to that order so far as it authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies.

(3)

The reference in section 9(f) of this Act to any order is, in the case of a special-acquisition order, to be read as a reference to that order so far as it authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies.

(4)

The reference in section 9(g) of this Act to section 6 of this Act is to be read as a reference to section 4 or 6 of this Act.

(5)

Where Standing Orders of either House of Parliament make provision that relates to orders to which this Act applies and is for a purpose mentioned in section 9 then, unless the Standing Orders provide otherwise, the provision applies in relation to a special-acquisition order only so far as the order authorises compulsory acquisition of, or of a right over, land to which the particular special-acquisition provision applies.”

In section 11(1) (interpretation) after the definition of “Prescribed” insert—

““Special-acquisition provision” has the meaning given by section 1(3) of this Act;”.

In the Acquisition of Land Act 1981—

In paragraph 12 of Schedule 4 to the New Towns Act 1981 (certain compulsory purchase orders subject to special parliamentary procedure so far as authorising acquisition of special land if owner objects to the order) for “to the order” substitute “ to the acquisition of the land ”.

In each of the following provisions (which refer to orders confirmed by Act under section 6 of the 1945 Act) before “6” insert “ 4 or ”

• section 44(1) of the Harbours Act 1964,

• section 27 of the Acquisition of Land Act 1981,

• paragraph 16(a) of Schedule 4 to the New Towns Act 1981,

• paragraph 6(6)(a) of Schedule 11 to the Water Industry Act 1991,

• paragraph 6(6)(a) of Schedule 19 to the Water Resources Act 1991, and

• section 12(3)(b) of the Transport and Works Act 1992.

An amendment made by subsection (4) or (5), so far as it applies to orders granting development consent, applies to any such order made after the amendment comes into force.

Section 41 of the Local Government Finance Act 1988 (local rating lists) is amended in accordance with subsections (2) to (5).

In subsection (2) (list to be compiled on 1 April 1990 and every five years thereafter), at the end insert “ , subject to subsection (2A). ”

After that subsection insert—

“(2A)

In the case of a billing authority in England—

(a)

subsection (2) does not require a list to be compiled on 1 April 2015 and on 1 April in every fifth year afterwards, and

(b)

a list must instead be compiled on 1 April 2017 and on 1 April in every fifth year afterwards.”

In subsection (3) (list to remain in force until the next one is compiled five years later) omit “five years later”.

In subsection (7) (expiry of five year period not to detract from duty to maintain list) omit “five year”.

Section 52 of the Local Government Finance Act 1988 (central rating lists) is amended in accordance with subsections (7) to (10).

In subsection (2) (list to be compiled on 1 April 1990 and every five years thereafter), at the end insert “ , subject to subsection (2A). ”

After that subsection insert—

“(2A)

In the application of this section to England—

(a)

subsection (2) does not require a list to be compiled on 1 April 2015 and on 1 April in every fifth year afterwards, and

(b)

a list must instead be compiled on 1 April 2017 and on 1 April in every fifth year afterwards.”

In subsection (3) (list to remain in force until the next one is compiled five years later) omit “five years later”.

In subsection (7) (expiry of five year period not to detract from duty to maintain list) omit “five year”.

After section 205 of the Employment Rights Act 1996 insert—

“Employee shareholder status

Employee shareholders

205A

(1)

An individual who is or becomes an employee of a company is an “ employee shareholder ” if—

(a)

the company and the individual agree that the individual is to be an employee shareholder,

(b)

in consideration of that agreement, the company issues or allots to the individual fully paid up shares in the company, or procures the issue or allotment to the individual of fully paid up shares in its parent undertaking, which have a value, on the day of issue or allotment, of no less than £2,000,

(c)

the company gives the individual a written statement of the particulars of the status of employee shareholder and of the rights which attach to the shares referred to in paragraph (b) (“the employee shares”) (see subsection (5)), and

(d)

the individual gives no consideration other than by entering into the agreement.

(2)

An employee who is an employee shareholder does not have—

(a)

the right to make an application under section 63D (request to undertake study or training),

(b)

the right to make an application under section 80F (request for flexible working),

(c)

the right under section 94 not to be unfairly dismissed, or

(d)

the right under section 135 to a redundancy payment.

(3)

The following provisions are to be read in the case of an employee who is an employee shareholder as if for “8 weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”—

(a)

regulation 11 of the Maternity and Parental Leave etc. Regulations 1999 (S.I. 1999/3312) (requirement for employee to notify employer of intention to return to work during maternity leave period), and

(b)

regulation 25 of the Paternity and Adoption Leave Regulations 2002 (S.I. 2002/2788) (corresponding provision for adoption leave).

(4)

Regulation 30 of the Additional Paternity Leave Regulations 2010 (S.I. 2010/1055) (requirement for employee to notify employer of intention to return to work during additional paternity leave period) is to be read in the case of an employee who is an employee shareholder as if for “six weeks' notice”, in each place it appears, there were substituted “16 weeks' notice”.

(5)

The statement referred to in subsection (1)(c) must—

(a)

state that, as an employee shareholder, the individual would not have the rights specified in subsection (2),

(b)

specify the notice periods that would apply in the individual's case as a result of subsections (3) and (4),

(c)

state whether any voting rights attach to the employee shares,

(d)

state whether the employee shares carry any rights to dividends,

(e)

state whether the employee shares would, if the company were wound up, confer any rights to participate in the distribution of any surplus assets,

(f)

if the company has more than one class of shares and any of the rights referred to in paragraphs (c) to (e) attach to the employee shares, explain how those rights differ from the equivalent rights that attach to the shares in the largest class (or next largest class if the class which includes the employee shares is the largest),

(g)

state whether the employee shares are redeemable and, if they are, at whose option,

(h)

state whether there are any restrictions on the transferability of the employee shares and, if there are, what those restrictions are,

(i)

state whether any of the requirements of sections 561 and 562 of the Companies Act 2006 are excluded in the case of the employee shares (existing shareholders' right of pre-emption), and

(j)

state whether the employee shares are subject to drag-along rights or tag-along rights and, if they are, explain the effect of the shares being so subject.

(6)

Agreement between a company and an individual that the individual is to become an employee shareholder is of no effect unless, before the agreement is made—

(a)

the individual, having been given the statement referred to in subsection (1)(c), receives advice from a relevant independent adviser as to the terms and effect of the proposed agreement, and

(b)

seven days have passed since the day on which the individual receives the advice.

(7)

Any reasonable costs incurred by the individual in obtaining the advice (whether or not the individual becomes an employee shareholder) which would, but for this subsection, have to be met by the individual are instead to be met by the company.

(8)

The reference in subsection (2)(b) to making an application under section 80F does not include a reference to making an application within the period of 14 days beginning with the day on which the employee shareholder returns to work from a period of parental leave under regulations under section 76.

(9)

The reference in subsection (2)(c) to unfair dismissal does not include a reference to a dismissal—

(a)

which is required to be regarded as unfair for the purposes of Part 10 by a provision (whenever made) contained in or made under this or any other Act, or

(b)

which amounts to a contravention of the Equality Act 2010.

(10)

The reference in subsection (2)(c) to the right not to be unfairly dismissed does not include a reference to that right in a case where section 108(2) (health and safety cases) applies.

(11)

The Secretary of State may by order amend subsection (1) so as to increase the sum for the time being specified there.

(12)

The Secretary of State may by regulations provide that any agreement for a company to buy back from an individual the shares referred to in subsection (1)(b) in the event that the individual ceases to be an employee shareholder or ceases to be an employee must be on terms which meet the specified requirements.

(13)

In this section—

• “company” means—

  1. (a)

     a company or overseas company (within the meaning, in each case, of the Companies Act 2006) which has a share capital, or

  2. (b)

     a European Public Limited-Liability Company (or Societas Europaea) within the meaning of Council Regulation 2157/2001/EC of 8 October 2001 on the Statute for a European company;

• “drag-along rights”, in relation to shares in a company, means the right of the holders of a majority of the shares, where they are selling their shares, to require the holders of the minority to sell theirs;

• “parent undertaking” has the same meaning as in the Companies Act 2006;

• “relevant independent adviser” has the meaning that it has for the purposes of section 203(3)(c);

• “tag-along rights”, in relation to shares in a company, means the right of the holders of a minority of the shares to sell their shares, where the holders of the majority are selling theirs, on the same terms as those on which the holders of the majority are doing so.

(14)

The reference in this section to the value of shares in a company is a reference to their market value within the meaning of the Taxation of Chargeable Gains Act 1992 (see sections 272 and 273 of that Act).”

After section 47F of that Act insert—

“Employee shareholder status

47G

(1)

An employee has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by the employee's employer done on the ground that the employee refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).

(2)

This section does not apply if the detriment in question amounts to dismissal within the meaning of Part 10.”

In section 48(1) of that Act (presentation of complaint to employment tribunal), for “or 47F” substitute “ , 47F or 47G ”.

After section 104F of that Act insert—

“Employee shareholder status

104G

An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee refused to accept an offer by the employer for the employee to become an employee shareholder (within the meaning of section 205A).”

In section 108(3) of that Act (exceptions to provision on qualifying period of employment), after paragraph (gl) insert—

“(gm)

section 104G applies,”.

In section 236(3) of that Act (orders and regulations subject to affirmative resolution procedure), for “or 125(7)” substitute “ , 125(7) or 205A(11) or (12) ”.

Any power of the Secretary of State to make an order under this Act—

The Secretary of State may not make an order to which subsection (3) applies unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

This subsection applies to—

A statutory instrument that—

is subject to annulment in pursuance of a resolution of either House of Parliament.

Subsection (4) does not apply to an order under section 7(6).

Subsections (1)(b) and (4) do not apply to an order under section 35.

The Secretary of State may by order make such provision as the Secretary of State considers appropriate in consequence of this Act.

The power to make an order under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment.

In this section “enactment” means an enactment whenever passed or made, and includes an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales.

Subject as follows, this Act comes into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

Section 1(1) so far as it inserts the new section 62B, sections 4, 7, 9, 16, 19, 26, 32 and 33, this section and section 36, and Schedules 2 and 4, come into force on the day on which this Act is passed.

Sections 11, 12, 17, 18, 29 and 30 come into force at the end of two months beginning with the day on which this Act is passed.

Section 21(4) to (6) come into force on such day as the Scottish Ministers may by order appoint; and different days may be appointed for different purposes.

The Scottish Ministers may by order make such transitional, transitory or saving provision as the Scottish Ministers consider appropriate in connection with the coming into force of section 21(4) to (6).

The Secretary of State may by order make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any other provision of this Act.

Power to make an order under subsection (5) or (6) includes power to make different provision for different purposes.

This Act may be cited as the Growth and Infrastructure Act 2013.

Subject as follows, this Act extends to England and Wales only.

Sections 9(4) and 32 to 35, and this section, extend also to Scotland and Northern Ireland.

Any amendment or repeal made by this Act has the same extent as the provision to which it relates, subject to subsection (5).

Section 25(1) to (6) and (10) extend to England and Wales, and Scotland, only.

The power under section 411(6) of the Communications Act 2003 may be exercised so as to extend the amendment made by section 9(1) to any of the Channel Islands or the Isle of Man.

In section 2A (Mayor of London: applications of strategic importance) after subsection (1A) insert—

“(1B)

Where this section applies to an application for planning permission made to the Secretary of State under section 62A, the Mayor of London may direct—

(a)

that the application is to be treated as having been made to the local planning authority (and not to the Secretary of State under section 62A), and

(b)

that the Mayor of London is to be the local planning authority for the purposes of determining the application.”

In consequence—

Section 106 (planning obligations) is amended as follows.

In subsection (1) (which defines “planning obligation” for the purposes of that section and sections 106A and 106B) for “and 106B” substitute “ to 106C ”.

In subsection (12) (sections 106 to 106B to be subject to regulations for charging on land of sums payable in connection with planning obligations) for “and 106B” substitute “ to 106BC ”.

Section 106A (modification and discharge of planning obligations) is amended as follows.

In subsection (1) (planning obligation to be modified or discharged by agreement or in accordance with sections 106A and 106B)—

In subsection (8) (effect of determination that planning obligation is to have effect subject to modifications), after “determine” insert “ under this section ”.

Section 106B (appeals in relation to applications under section 106A) is amended as follows.

In the heading, after “Appeals” insert “ in relation to applications under section 106A ”.

In subsection (1)(b) (application of section) after “determine” insert “ under section 106A ”.

Section 106C (legal challenges relating to development consent obligations) is amended as follows.

In subsection (1) (challenges to Secretary of State's failure to give notice under section 106A(7)), after “106A(7)” in both places insert “ or 106BA(9) ”.

After subsection (1) insert—

“(1A)

If no period is prescribed under section 106BA(9), the period of 6 weeks referred to in subsection (1)(b) that applies in relation to proceedings for failure to give notice as mentioned in subsection (9) of section 106BA begins with the expiry of the period mentioned in that subsection that applies in the applicant's case.”

In subsection (2) (challenges to Secretary of State's determination that planning obligation is to continue to have effect without modification), in paragraph (b), after “106A(7)” insert “ or 106BA(9) ”.

After subsection (2) insert—

“(3)

A court may entertain proceedings for questioning a determination by the Secretary of State on an application under section 106BA that a planning obligation shall be modified otherwise than in accordance with the application only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed during the period of 6 weeks beginning with the day on which notice of the determination is given under section 106BA(9).”

Section 333 (regulations and orders) is amended as follows.

In subsection (4) (power to make orders under Act exercisable by statutory instrument), after “87,” insert “ 106BA(14), ”.

After subsection (5) insert—

“(5ZA)

No order may be made under section 106BA(14) unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.”

Schedule 6 (determination of certain appeals by person appointed by Secretary of State) is amended as follows.

In paragraph 1—

In paragraph 2(1)(aa) (person appointed in relation to appeals under section 106B to have the same powers and duties as Secretary of State under that section), after “106B” insert “ or 106BC ”.

Paragraph 3 (the first review date) is amended as follows.

Before sub-paragraph (1) insert—

“(A1)

This paragraph has effect for the purposes of paragraphs 2A and 2B above.”

For “first review date” in each place substitute “ relevant date ”.

For the italic heading immediately before that paragraph substitute “ The relevant date for the purposes of a first periodic review ”.

Paragraph 4 (service of notice of first periodic review) is amended as follows.

Before sub-paragraph (1) insert—

“(A1)

This paragraph applies—

(a)

where a mineral planning authority for an area in England determines that it will carry out a periodic review of the mineral permissions relating to a mining site, and that periodic review is the first periodic review of the permissions relating to that site, and

(b)

in relation to the first periodic review by a mineral planning authority for an area in Wales of the mineral permissions relating to a mining site.”

In sub-paragraph (1)—

Paragraph 12 (second and subsequent periodic reviews) is amended as follows.

Before sub-paragraph (1) insert—

“(A1)

This paragraph applies—

(a)

where a mineral planning authority for an area in England determines that it will carry out a periodic review of the mineral permissions relating to a mining site, and that periodic review is the second or a subsequent periodic review of the permissions relating to that site, and

(b)

in relation to the second or any subsequent periodic review by a mineral planning authority for an area in Wales of the mineral permissions relating to a mining site.

(A2)

In the application of this paragraph in relation to a mineral planning authority for an area in England “the review date” means the date set by the authority as the review date for the purposes of the periodic review.

(A3)

That date may not be earlier than the relevant date found under sub-paragraph (1) below in relation to the site.

(A4)

In the application of this paragraph in relation to a mineral planning authority for an area in Wales “the review date” means the relevant date found under sub-paragraph (1) below in relation to the site.”

In sub-paragraph (1), for “ “review date”” substitute “relevant date” .

In sub-paragraph (2)—