Section 1 National policy statements: reviewI1I2

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

For subsection (1) substitute—

“(1)

The Secretary of State—

(a)

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

(b)

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

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—

“(4A)

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

After subsection (5) insert—

“(5A)

But, unless and until a statement’s designation as a national policy statement is withdrawn—

(a)

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

(b)

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

(5B)

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

(5C)

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

(5D)

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

After section 6 of the Planning Act 2008 insert—

“Review: supplementary

6ZA

(1)

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

(2)

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

(3)

In the case of a national policy statement that—

(a)

was designated before the relevant date, and

(b)

was amended before the relevant date,

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

(4)

In the case of a national policy statement that—

(a)

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

(b)

was not amended before the relevant date,

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

(5)

In the case of a national policy statement that—

(a)

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

(b)

was not amended before the relevant date,

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

(6)

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

(7)

In this section—

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

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