Levelling-up and Regeneration Act 2023

(96B) (1) A sewerage undertaker whose area is wholly or mainly in England must— (a) in the case of each nitrogen significant plant comprised in its sewerage system— (i) secure that, by the upgrade date, the plant will be able to meet the nitrogen nutrient pollution standard, and (ii) on and after the upgrade date, secure that the plant meets that standard; (b) in the case of each phosphorus significant plant comprised in its sewerage system— (i) secure that, by the upgrade date, the plant will be able to meet the phosphorus nutrient pollution standard, and (ii) on and after the upgrade date, secure that the plant meets that standard. (2) In carrying out the duty under subsection (1), a sewerage undertaker must consider whether nature-based solutions, technologies and facilities relating to sewerage and water could be used to meet the standard. (3) “Nitrogen significant plant” means a plant in England that— (a) discharges treated effluent into a nitrogen sensitive catchment area, and (b) is not an exempt plant in relation to the nitrogen nutrient pollution standard. (4) “Phosphorus significant plant” means a plant in England that— (a) discharges treated effluent into a phosphorus sensitive catchment area, and (b) is not an exempt plant in relation to the phosphorus nutrient pollution standard. (96C) (1) Where the Secretary of State considers that a habitats site that is wholly or partly in England is in an unfavourable condition by virtue of pollution from nutrients in water comprising nitrogen or compounds of nitrogen, the Secretary of State may designate the catchment area for the habitats site as a nitrogen sensitive catchment area. (2) Where the Secretary of State considers that a habitats site that is wholly or partly in England is in an unfavourable condition by virtue of pollution from nutrients in water comprising phosphorus or compounds of phosphorus, the Secretary of State may designate the catchment area for the habitats site as a phosphorus sensitive catchment area. (3) In determining— (a) whether a habitats site is in an unfavourable condition by virtue of pollution from nutrients comprising nitrogen, phosphorus or compounds of nitrogen or phosphorus, (b) the catchment area for a habitats site, or (c) whether to exercise the power in subsection (4)(e), the Secretary of State may take into account, in particular, advice from, or guidance published by, Natural England, the Environment Agency or the Joint Nature Conservation Committee. (4) A designation under subsection (1) or (2)— (a) must be in writing, (b) must be published as soon as practicable after being made, (c) takes effect— (i) on the day specified in the designation, or (ii) if none is specified, on the day on which it is made, (the “designation date”), (d) if it takes effect after the end of the initial period, must specify the upgrade date (see section 96E(1)(b)), and (e) may specify the concentration that applies to a plant (which discharges into the catchment area) in relation to a nutrient pollution standard instead of the standard concentration. (5) A date specified under subsection (4)(d) as the upgrade date must be at least 7 years after the designation date. (6) Before specifying a concentration under subsection (4)(e), the Secretary of State must consult the Environment Agency. (7) A concentration specified under subsection (4)(e) ceases to have effect if, after the day on which the designation is made, the plant becomes an exempt plant. (8) A designation under this section may not be revoked; and it is immaterial for the purposes of the continued designation of an area whether subsection (1) or (2) continues to be satisfied in relation to it. (9) In this section “catchment area”, in relation to a habitats site, means the area where water, if released, would drain into the site. (96D) (1) A plant is exempt in relation to a nutrient pollution standard if— (a) it has a capacity of less than a population equivalent of 2000 when the designation of the associated catchment area takes effect, (b) it has been designated by the Secretary of State as exempt in relation to the standard, or (c) it is exempt in relation to the standard under regulations under subsection (8). This is subject to subsection (2). (2) The Secretary of State may designate a plant as not being exempt in relation to a nutrient pollution standard, unless— (a) the plant has a capacity of less than a population equivalent of 250, and (b) the designation takes effect after the designation of the associated catchment area takes effect. (3) A designation under subsection (1)(b) or (2)— (a) must be in writing, (b) must be published as soon as practicable after being made, and (c) takes effect— (i) on the day specified in the designation, or (ii) if none is specified, on the day on which it is made. (4) A designation under subsection (2) that takes effect after the designation of the associated catchment area takes effect must specify the upgrade date (see section 96E(2)(a)). The upgrade date must be at least 7 years after the designation under subsection (2) takes effect. (5) A designation under subsection (2) may specify the concentration that applies to a plant in relation to a nutrient pollution standard instead of the standard concentration. (6) Before specifying a concentration under subsection (5), the Secretary of State must consult the Environment Agency. (7) A concentration specified under subsection (5) ceases to have effect if, after the day on which the designation is made, the plant again becomes an exempt plant. (8) The Secretary of State may by regulations specify plants or descriptions of plant that are to be exempt in relation to a nutrient pollution standard. (9) Subsections (10) and (11) apply where a plant that is exempt under regulations under subsection (8) can, by virtue of the regulations, cease to be exempt. (10) The regulations must specify or provide for determining the upgrade date (see section 96E(2)(b)) in relation to any plant that ceases, by virtue of the regulations, to be an exempt plant in relation to a standard after the designation of the associated catchment area takes effect. The upgrade date must be at least 7 years after the plant ceases to be exempt in relation to the standard. (11) The regulations may provide for the Secretary of State to specify the concentration that applies to a plant that ceases, by virtue of the regulations, to be an exempt plant in relation to a nutrient pollution standard instead of the standard concentration; and, if such provision is made, the regulations must— (a) require that the Secretary of State consult the Environment Agency before specifying a concentration; (b) provide for any specified concentration to cease to have effect if, after the day on which the plant ceases to be an exempt plant, the plant again becomes an exempt plant. (12) A designation under subsection (2) in relation to a plant and a nutrient pollution standard is of no effect if the plant ceases, by virtue of regulations under subsection (8), to be exempt in relation to the standard before, or at the same time as, the designation would otherwise take effect. (13) In this section “population equivalent” has the meaning given by regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/2841). (14) References in this section to the designation of an associated catchment area are to its designation as a sensitive catchment area. (96E) (1) The upgrade date, in relation to a nutrient significant plant, is, unless subsection (2) or (3) applies— (a) 1 April 2030, if the designation of the associated catchment area takes effect during the initial period; (b) the date specified under section 96C(4)(d), if the designation of the associated catchment area takes effect after the end of the initial period. (2) But, if the plant becomes a nutrient significant plant after the designation of the associated catchment area takes effect, the upgrade date is— (a) the date specified under section 96D(4), where it becomes a nutrient significant plant by virtue of a designation under section 96D(2); (b) the date specified by or determined under provision made by virtue of section 96D(10), where it becomes a nutrient significant plant on ceasing, by virtue of regulations under section 96D(8), to be exempt. (3) Where the associated catchment area has ceased to be a catchment permitting area and a date has been specified under section 96H(4)(c), that date is the upgrade date. (4) “The initial period” means the period of 3 months beginning with the date on which the Levelling-up and Regeneration Act 2023 is passed. (5) References in this section to the designation of an associated catchment area are to its designation as a sensitive catchment area. (96F) (1) A nitrogen significant plant meets the nitrogen nutrient pollution standard if— (a) where the associated catchment area is not a catchment permitting area (see section 96G), the concentration of total nitrogen in treated effluent that the plant discharges is not more than— (i) 10 mg/l, or (ii) where a different concentration applies to the plant under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11), that concentration; (b) where the associated catchment area is a catchment permitting area, the sewerage undertaker is complying with any condition in the environmental permit for the plant imposed in pursuance of section 96G(3)(b). (2) A phosphorus significant plant meets the phosphorus nutrient pollution standard if— (a) where the associated catchment area is not a catchment permitting area, the concentration of total phosphorus in treated effluent that the plant discharges is not more than— (i) 0.25 mg/l, or (ii) where a different concentration applies to the plant under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11), that concentration; (b) where the associated catchment area is a catchment permitting area, the sewerage undertaker is complying with any condition in the environmental permit for the plant imposed in pursuance of section 96G(3)(b). (3) “Treated effluent”, in relation to a plant, means any effluent discharged by the plant, other than anything discharged— (a) from a storm overflow, or (b) by an emergency discharge. (4) For the purposes of subsection (3), in relation to a plant— (a) “storm overflow” means any structure or apparatus comprised in the plant which, when the capacity of relevant parts of the sewerage system is exceeded, relieves them by discharging the excess contents into inland waters, underground strata or the sea, where— - “relevant parts of the sewerage system” means— storage tanks at the plant, and other parts of the sewerage system downstream of the plant; - “the sewerage system” means the undertaker’s sewerage system of which the plant forms part; (b) “emergency discharge” means a discharge in circumstances where the plant’s normal treatment process has failed because of— (i) electrical power failure, or (ii) mechanical breakdown of duty and standby pumps. (5) Regulations made by the Secretary of State may specify how the concentration of total nitrogen or concentration of total phosphorus in treated effluent is to be determined. (6) Regulations under subsection (5) may, in particular— (a) make provision for requiring regular sampling of the treated effluent that a plant discharges to ascertain the concentration of total nitrogen or concentration of total phosphorus; (b) make provision for regarding a nutrient pollution standard as being met by a plant if, for example— (i) it is met, with at least the frequency specified in the regulations, in samples taken in accordance with the regulations, or (ii) the average concentration, calculated in accordance with the regulations, of total nitrogen or of total phosphorus in samples taken in accordance with the regulations would meet the standard; (c) make provision for determining generally, or in a particular case, whether anything is, or is not, to be regarded as treated effluent discharged by a plant; (d) make provision in relation to section 96G, including— (i) the determination of compliance with conditions in environmental permits imposed in pursuance of section 96G(3)(b); (ii) in connection with any kind of plant; (e) confer any function on the Secretary of State, the Authority, the Environment Agency, statutory undertakers or any other person; (f) make different provision for different purposes or different areas (including different plants within an area). (96G) (1) The Secretary of State may designate a sensitive catchment area as a catchment permitting area. (2) In determining whether to make a designation under subsection (1) or to revoke such a designation under section 96H(3)(c), the Secretary of State may take into account, in particular, advice from, or guidance published by, the Environment Agency or Natural England. (3) Where the Secretary of State makes a designation under subsection (1), the Environment Agency must— (a) review the environmental permits for the plants that discharge treated effluent into the catchment permitting area that are— (i) nutrient significant plants, and (ii) such other plants that the Environment Agency considers appropriate (including such plants within an area that may be determined by the Environment Agency), and (b) impose conditions on those permits relating to nutrients in treated effluent discharged by those plants— (i) under Chapter 3 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016, and (ii) for the relevant purpose. (4) The “relevant purpose” is ensuring that, on and after the applicable date, the overall effect on the habitats site associated with the catchment permitting area of nutrients in treated effluent discharged by all the plants that discharge treated effluent into the catchment permitting area is less significant or the same as the overall effect on the site of nutrients in treated effluent that would be discharged by those plants if— (a) the standard concentration applied to nutrient significant plants, and (b) the nutrient significant plants were (on that basis) meeting the nutrient pollution standard on and after the applicable date. (5) For that purpose, a condition imposed on an environmental permit in pursuance of subsection (3)(b) may, in particular— (a) require, or have the effect of requiring, that the concentration of nutrients in treated effluent discharged by a plant is higher or lower than, or equal to, the standard concentration; (b) relate to any or all of the plants mentioned in subsection (3)(a), including the concentration of nutrients in treated effluent discharged by those plants. (6) In subsection (4)— (a) the “applicable date” means— (i) where the designation under section 96C(1) or (2) of the area that is the catchment permitting area takes effect during the initial period, 1 April 2030, or (ii) where that designation takes effect after the initial period, the date specified under section 96C(4)(d) in that designation; (b) a habitats site is “associated” with a catchment permitting area if water released into the area would drain into the site. (7) The duty in subsection (3) applies in relation to the grant of an environmental permit for a plant that discharges (or will discharge) treated effluent into the catchment permitting area as if— (a) paragraph (a) were omitted, and (b) in paragraph (b)— (i) for “those permits” there were substituted “the permit”; (ii) for “those plants” there were substituted “the plant”; (iii) for “Chapter 3” there were substituted “Chapter 2”. (8) It is for the Environment Agency to determine the overall effect on a habitats site of nutrients in treated effluent. (9) Regulations made by the Secretary of State may specify how such determinations are to be made. (10) In this section “nutrients”, in relation to an area designated under— (a) section 96C(1), means nutrients in water comprising nitrogen or compounds of nitrogen; (b) section 96C(2), means nutrients in water comprising phosphorus or compounds of phosphorus. (96H) (1) A designation under section 96G(1) or revocation of such a designation under subsection (3)(c)— (a) must be in writing, (b) must be published as soon as practicable after being made, and (c) takes effect in accordance with subsection (3) or (4) (as appropriate). (2) A designation under section 96G(1) may be made at the same time, or at any time after the time, that the designation under section 96C(1) or (2) of the area as a sensitive catchment area is made. (3) A designation under section 96G(1)— (a) if made before the time that the designation under section 96C(1) or (2) takes effect, takes effect at the same time as that designation; (b) if made after the time that the designation under section 96C(1) or (2) takes effect, takes effect on the day specified in it; (c) may be revoked. (4) A revocation under subsection (3)(c)— (a) takes effect— (i) on the day specified in the revocation, or (ii) if none is specified, on the day on which it is made; (b) has no effect in relation to the designation of the area under section 96C(1) or (2); (c) may specify the upgrade date that is to apply in relation to nutrient significant plants (see section 96E(3)). (5) In determining whether an upgrade date should be specified under subsection (4)(c), the Secretary of State may take into account, in particular, advice from, or guidance published by, Natural England or the Environment Agency. (96I) (1) The Secretary of State must maintain and publish online a map showing— (a) all the nitrogen sensitive catchment areas, and (b) all the phosphorus sensitive catchment areas. (2) As soon as practicable after making a designation under section 96C (sensitive catchment areas), the Secretary of State must publish the revised map online. (3) The Secretary of State must maintain and publish online a document listing— (a) all plants that are or have been— (i) nitrogen significant plants, or (ii) phosphorus significant plants; (b) in relation to each plant listed under paragraph (a)— (i) the upgrade date that applies for the time being; (ii) if the plant becomes, or ceases to be, an exempt plant in relation to the related nutrient pollution standard, that fact and the date on which it occurred; (iii) where the associated catchment area for a plant is not a catchment permitting area, the figure specified in section 96F(1)(a)(i) or (2)(a)(i), under section 96C(4)(e) or 96D(5) or by virtue of regulations made under section 96D(11) (total nitrogen concentration or total phosphorus concentration) that applies to the plant; (iv) where a direction relating to the plant and the related nutrient pollution standard is made or revoked under regulation 85C or 110B of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (disapplication of assumption that the plant will meet the standard on and after the upgrade date or applicable date), that fact and the date on which the direction or revocation takes effect; (c) all catchment permitting areas. (4) Where any change occurs in the information required to be listed, the Secretary of State must, as soon as practicable, publish a revised document online. (96J) (1) The duty of a sewerage undertaker under section 96B is enforceable under section 18— (a) by the Secretary of State, or (b) with the consent of, or in accordance with a general authorisation given by, the Secretary of State, by the Authority. (2) The Environment Agency must exercise its functions (whether under environmental permitting regulations or otherwise) so as to secure compliance by sewerage undertakers with the duty imposed by section 96B; those functions include, in particular, functions of determining— (a) whether to grant or vary any permit under environmental permitting regulations, or (b) any conditions to be included in any such permit. (3) The Environment Agency must exercise its functions under the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810) so as to secure compliance by sewerage undertakers with the duties imposed by those regulations to prevent and remediate environmental damage (within the meaning of those regulations) that is treated as occurring by regulation 9A of those regulations (nutrient significant sewage disposal works: environmental damage). (4) Nothing in section 96B or 96G or this section affects— (a) any other obligation of a sewerage undertaker relating to nutrient levels in treated effluent of a plant, or any remedy available in respect of contravention of any such obligation; (b) any power to impose an obligation relating to nutrient levels in treated effluent of a plant (including by means of a condition included in a permit under environmental permitting regulations); and, in particular, nothing in those sections or this section is to be taken to preclude any such power being exercised so as to require a lower concentration of total nitrogen or lower concentration of total phosphorus in treated effluent of a plant than section 96B requires. (96K) (1) The Secretary of State may by regulations amend any plant capacity for the time being specified in section 96D(1)(a) or (2)(a). (2) Regulations under subsection (1) may not have effect in relation to an area that is a sensitive catchment area when the regulations are made. (3) Subject to that, regulations under subsection (1)— (a) may, in particular, amend section 96D so that different plant capacities are specified in relation to the nitrogen nutrient pollution standard and the phosphorus nutrient pollution standard; (b) may, where different plant capacities will apply for different purposes or different areas as a result of regulations under subsection (1), amend section 96D so as to specify those capacities and the purposes or areas for which they apply. (4) The Secretary of State may by regulations— (a) amend section 96F(1)(a)(i) so as to substitute a different concentration of total nitrogen; (b) amend section 96F(2)(a)(i) so as to substitute a different concentration of total phosphorus. (5) Regulations under subsection (4) may not have effect in relation to an area that is a sensitive catchment area when the regulations are made. (6) Where, as a result of the regulations, different concentrations will apply for different purposes or different areas (including different plants within an area), the regulations may amend section 96F(1)(a)(i) or (2)(a)(i) to specify those concentrations and the purposes or areas for (or plants within an area to) which they apply. (7) A statutory instrument containing regulations under subsection (1) or (4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (8) If a draft of a statutory instrument containing regulations under subsection (1) or (4) 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 a hybrid instrument. (96L) (1) This section applies for the purposes of sections 96B to 96K, 96M and 96N. (2) In those sections (and this section)— - “associated catchment area”— in relation to a plant that is a nitrogen significant plant or is exempt in relation to the nitrogen nutrient pollution standard, means the nitrogen sensitive catchment area into which it discharges; in relation to a plant that is a phosphorus significant plant or is exempt in relation to the phosphorus nutrient pollution standard, means the phosphorus sensitive catchment area into which it discharges; - “catchment permitting area” means a sensitive catchment area designated under section 96G(1) for the time being; - “environmental permit” means a permit granted under Chapter 2 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016; and a reference to a condition imposed on such a permit is to be construed in accordance with those regulations; - “environmental permitting regulations” means— the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (as they have effect from time to time), or any other provision made after the Levelling-up and Regeneration Act 2023 is passed that is, or could have been, made under section 2 of the Pollution Prevention and Control Act 1999; - “exempt plant”, in relation to a nutrient pollution standard, has the meaning given by section 96D; - “habitats site” means a European site within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8); - “the initial period” has the meaning given by section 96E(4); - “nitrogen nutrient pollution standard”, in relation to references to a nitrogen significant plant meeting the standard, has the meaning given by section 96F(1); - “nitrogen sensitive catchment area” means an area designated under section 96C(1); - “nitrogen significant plant” has the meaning given by section 96B(3); - “nutrient pollution standard” means the nitrogen nutrient pollution standard or the phosphorus nutrient pollution standard; - “nutrient significant plant” means— a nitrogen significant plant, or a phosphorus significant plant; - “phosphorus nutrient pollution standard”, in relation to references to a phosphorus significant plant meeting the standard, has the meaning given by section 96F(2); - “phosphorus sensitive catchment area” means an area designated under section 96C(2); - “phosphorus significant plant” has the meaning given by section 96B(4); - “plant” means a sewage disposal works; - “related nutrient pollution standard”, in relation to a sensitive catchment area or a plant, means— if (or so far as) the area is a nitrogen sensitive catchment area or the plant is a nitrogen significant plant, the nitrogen nutrient pollution standard; if (or so far as) the area is a phosphorus sensitive catchment area or the plant is a phosphorus significant plant, the phosphorus nutrient pollution standard; - “sensitive catchment area” means— a nitrogen sensitive catchment area, or a phosphorus sensitive catchment area; - “standard concentration”, in relation to the nutrient pollution standard that applies to a plant, means the concentration specified in section 96F(1)(a)(i) or (2)(a)(i) on the date that the designation of the associated catchment area as a sensitive catchment area takes effect; - “treated effluent” has the meaning given by section 96F(3); - “upgrade date”, in relation to a plant that discharges into a sensitive catchment area, has the meaning given by section 96E. (3) References to a plant discharging into a sensitive catchment area are to the plant discharging treated effluent into the area. (4) References to the sewerage system of a sewerage undertaker have the meaning given by section 17BA(7). (96M) (1) The Secretary of State may by regulations provide for sections 96B to 96L to apply with prescribed modifications in relation to any plant that, after the Levelling-up and Regeneration Act 2023 is passed— (a) operates for the first time, or (b) is altered. This is subject to subsection (3). (2) Regulations under this section may in particular provide for sections 96C(5) and 96D(4) and (10) to apply as if they specified periods other than 7 years. (3) But regulations under this section may not modify section 96F(1) or (2) or section 96G(4) so as to apply a higher concentration of total nitrogen or higher concentration of total phosphorus than would otherwise apply. (96N) (1) The Secretary of State may by regulations make provision about the setting and enforcing of nutrient pollution standards. (2) The Secretary of State may only exercise the power under subsection (1) if the Secretary of State considers that the provisions about the setting and enforcing of nutrient pollution standards will be at least as effective as the provision already in force under sections 96B to 96M, the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 810/2015) or this section as a result of the exercise of this power, including in relation to— (a) overall environmental protection (within the meaning of section 45 of the Environment Act 2021), (b) nutrient pollution levels discharged by plants or across catchment areas, (c) enforcement, or (d) costs. (3) The regulations may, in particular— (a) amend, repeal, revoke or otherwise modify— (i) sections 96B to 96M, (ii) the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, or (iii) provision made under this section; (b) provide for a sewerage undertaker’s compliance with the duty under section 96B (or an equivalent) to be determined by reference to matters other than the concentration of nitrogen or phosphorous in treated effluent discharged by a plant; (c) include provision applying or corresponding to any provision in sections 96B to 96M (with or without modifications); (d) include provision about the establishment of schemes involving sewerage undertakers and others for the purpose of encouraging or requiring sewerage undertakers to arrange or contribute to action in respect of the effect of nitrogen or phosphorous (from any source) on a habitats site; (e) make different provision for different purposes or different areas.

• (2) In section 213 of the Water Industry Act 1991 (powers to make regulations), in subsection (1), insert “96K, 96N,”—

• (a) if this subsection comes into force before section 82(2) of the Environment Act 2021, before “or 105A”;

• (b) otherwise, before “105A”.

Planning: assessments of effects on certain sites

169

Schedule 15 amends the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) to require certain assumptions to be made in certain circumstances about nutrient pollution standards (see section 168).

Remediation

170

• (1) The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810) are amended as follows.

• (2) After regulation 9 insert—

(9A) (1) This regulation applies where a sewerage undertaker whose sewerage system includes a nutrient significant plant fails to secure that the plant is able to meet the related nutrient pollution standard by the upgrade date. (2) Any excess nutrient pollution is to be treated for the purposes of these regulations as damage to the related habitats site that is environmental damage caused by an activity of the sewerage undertaker that— (a) requires a permit under the Environmental Permitting (England and Wales) Regulations 2016, and (b) falls within Schedule 2. (3) In paragraph (2)— - “excess nutrient pollution”, in relation to a nutrient significant plant and a related nutrient pollution standard, means the amount by which the total nutrient pollution discharged in treated effluent by the plant during the period— beginning with the upgrade date, and ending with the day the plant first meets the related nutrient pollution standard, exceeds the total nutrient pollution that it would have discharged in treated effluent during that period had it met the related nutrient pollution standard on and after the upgrade date; - “total nutrient pollution” means— in relation to the nitrogen nutrient pollution standard, total nitrogen, and in relation to the phosphorus nutrient pollution standard, total phosphorus. (4) Where— (a) the nutrient significant plant referred to in paragraph (1) is a plant that discharges treated effluent into a catchment permitting area (see section 96G of the Water Industry Act 1991), and (b) the sewerage undertaker has failed to comply with a condition in the environmental permit for the plant imposed in pursuance of subsection (3)(b) of that section, the definition of “excess nutrient pollution” in paragraph (3) is subject to the following modifications. (5) In a case where the condition relates to the total nutrient pollution discharged by the plant specifically, references in that definition to the “upgrade date” are to be read as the “applicable date”. (6) In a case where the condition relates to the total nutrient pollution discharged by all plants that discharge into the associated catchment area, that definition is to be read as if— (a) in the words before paragraph (a), after “by the plant” there were inserted “and all other plants that discharged into the associated catchment area for that plant”, (b) in paragraph (a), for “upgrade date” there were substituted “applicable date”, and (c) in the words after paragraph (b)— (i) for “that it” there were substituted “that both it and those other plants”, and (ii) for “upgrade date” there were substituted “applicable date”. (7) For the purposes of paragraph (3) as modified by paragraph (5) or (6), the “applicable date” is to be determined in accordance with section 96G(6)(a) of the Water Industry Act 1991. (8) It is for the Environment Agency to determine the excess nutrient pollution discharged by a plant and in doing so the Environment Agency may have regard to— (a) the concentration of total nitrogen or concentration of total phosphorus determined for the purposes of section 96F of the Water Industry Act 1991 (see in particular subsection (5) of that section), and (b) the volume of treated effluent discharged by the plant, as determined by the Environment Agency. (9) Schedule 2ZA sets out modifications of these regulations that apply where this regulation applies. (10) In this regulation— - “related habitats site”, in relation to a nutrient significant plant, means the habitats site by reference to which the associated catchment area is designated under section 96C of the Water Industry Act 1991; - “sewerage system”, in relation to a sewerage undertaker, has the meaning given by section 17BA(7) of the Water Industry Act 1991. (11) For the purposes of this regulation, the following terms have the meanings given by section 96L of the Water Industry Act 1991— - “associated catchment area”; - “catchment permitting area”; - “environmental permit”; - “habitats site”; - “nitrogen nutrient pollution standard”; - “nutrient significant plant”; - “phosphorus nutrient pollution standard”; - “plant”; - “related nutrient pollution standard”; - “sensitive catchment area”; - “treated effluent”; - “upgrade date”; and references to a nutrient significant plant meeting the related nutrient pollution standard are to be read in accordance with section 96F(1)or (2) of that Act.

• (3) After Schedule 2 insert—

Schedule 2ZA (1) In relation to anything that is treated as environmental damage by regulation 9A, these regulations apply with the following modifications. (2) Regulation 17 does not apply. (3) Regulation 18 applies as if— (a) the opening words of paragraph (1) provided “Where excess nutrient pollution is treated as environmental damage by regulation 9A(2), the enforcing authority must notify the responsible operator—”; (b) for paragraph (a) there were substituted— (a) of the environmental damage; (4) Regulation 18A applies with the omission of paragraph (2). (5) Regulation 19(3) applies as if for paragraphs (a) to (e) (but not the “or” immediately following paragraph (e)) there were substituted— (a) the responsible operator did not fail to secure that the nutrient significant plant in question is able to meet the related nutrient pollution standard by the upgrade date; (b) the determination by the Environment Agency of the excess nutrient pollution mentioned in regulation 9A(2) was unreasonable; (6) Regulation 25(2) applies as if— (a) for paragraph (a) there were substituted— (a) determining the excess nutrient pollution mentioned in regulation 9A(2); (b) paragraph (b) were omitted.

Part 8 — Development corporations

Local authority proposals and oversight

Locally-led urban development corporations

171

• (1) Section 134 of the Local Government, Planning and Land Act 1980 (urban development areas) is amended as set out in subsections (2) and (3).

• (2) After subsection (1A) insert—

(1B) The Secretary of State may, by order made by statutory instrument, designate any area of land in England as an urban development area if— (a) a proposal has been made to the Secretary of State under section 134A(1) in relation to the area of land, and (b) the Secretary of State is satisfied that it would be expedient in the local interest— (i) to designate the area of land as an urban development area, and (ii) to establish a development corporation for the area in consequence of the proposal.

• (3) After section 134 of the Local Government, Planning and Land Act 1980 insert—

(134A) (1) A local authority in England, or two or more local authorities in England acting jointly, may propose to the Secretary of State that the Secretary of State should designate an area of land (the “proposal area”) as an urban development area under section 134(1B). (2) A proposal under subsection (1) (a “locally-led proposal”) must— (a) state the proposing authority’s proposals as to— (i) the name of the development corporation that would be established as a result of the proposal, and (ii) which local authority or local authorities should be designated as the oversight authority for that development corporation, and (b) include a map of the proposal area. (3) A locally-led proposal may also include proposals about any other matter about which the Secretary of State would be able to make provision in respect of the development corporation by order or regulations under this Part. (4) A locally-led proposal may relate to separate parcels of land. (5) A local authority may make a locally-led proposal only if— (a) the proposal area falls wholly within the area of the local authority, or (b) where it makes the proposal jointly with one or more other local authorities, the proposal area falls— (i) wholly or partly within the area of each of them, and (ii) wholly within their combined areas. (6) A proposing authority may make a locally-led proposal only if— (a) the proposing authority has consulted the persons mentioned in subsection (7), (b) the proposing authority has had regard to any comments made in response by the consultees, and (c) if those comments include comments by a local authority or the Greater London Authority that the proposing authority does not accept, the proposing authority has published a statement giving the reasons for the non-acceptance. (7) The persons referred to in subsection (6)(a) are— (a) persons who appear to the proposing authority to represent those living in, or in the vicinity of, the proposal area; (b) persons who appear to the proposing authority to represent businesses with any premises in, or in the vicinity of, the proposal area; (c) each Member of Parliament whose parliamentary constituency includes any part of the proposal area; (d) each local authority for an area which falls wholly or partly within the proposal area (other than the proposing authority or a constituent council of the proposing authority); (e) in relation to an area in Greater London, the Greater London Authority; (f) any other person whom the proposing authority considers it appropriate to consult. (8) A local authority may be proposed as an oversight authority under subsection (2)(a)(ii) only if the proposal area is wholly or partly within the area of the local authority. (9) Where the proposing authority proposes, under subsection (2)(a)(ii), that two or more local authorities should be designated as the oversight authority, it may also propose— (a) that a specified function of an oversight authority should be exercisable by one of those local authorities, or (b) that a specified function of an oversight authority should be exercisable by two or more of those local authorities jointly. For this purpose, “specified” means specified in the proposal. (10) In this section— - “local authority” means— a district council, a county council, a London borough council, or the Common Council; - “locally-led proposal” has the meaning given by subsection (2); - “proposing authority” means— the local authority which makes a locally-led proposal, or if two or more local authorities make such a proposal, those authorities acting jointly; and where the proposing authority consists of two or more authorities acting jointly, each is a “constituent council” of the proposing authority.

• (4) Section 135 (urban development corporations) is amended as set out in subsections (5) and (6).

• (5) In subsection (1A), after “in England” insert “designated under section 134(1)”.

• (6) After subsection (4) insert—

(4A) Subsections (4B) and (4C) apply where the Secretary of State makes an order under this section establishing a locally-led urban development corporation in consequence of a proposal under section 134A(1). (4B) The order must— (a) establish the corporation with the proposed name, (b) give effect to any proposal made by virtue of section 134A(3) as to the number of members to be prescribed under paragraph 1A(2) of Schedule 26, (c) designate as the oversight authority the local authority or local authorities proposed as such, and (d) give effect to any proposal made by virtue of section 134A(9) (allocation of functions where oversight authority consists of more than one local authority). (4C) The Secretary of State must exercise other functions under this Act so as to give effect to any other proposals made by virtue of section 134A(3).

• (7) After section 135 insert—

(135A) (1) The Secretary of State may by regulations make provision about how an oversight authority is to oversee the regeneration of a locally-led urban development area. (2) Regulations under subsection (1) may, for example— (a) provide that an oversight authority is to exercise specified functions under this Part of this Act, other than a power to make regulations or other instruments of a legislative character, which would otherwise be exercisable by the Secretary of State, the Treasury or any other Minister of the Crown; (b) provide that an oversight authority is to exercise such functions subject to specified conditions or limitations; (c) provide that specified functions under this Part of this Act may be exercised only with the consent of an oversight authority; (d) make provision about the membership of a locally-led urban development corporation; (e) modify provisions of this Part of this Act; (f) make different provision for different purposes; (g) make incidental, supplementary or consequential provision. (3) In this section “specified” means specified by regulations under this section. (4) Regulations under this section are to be made by statutory instrument. (5) A statutory instrument containing regulations under this section may not be made until approved by a resolution of each House of Parliament.

Development corporations for locally-led new towns

172

• (1) The New Towns Act 1981 is amended as follows.

• (2) After section 1 insert—

(1ZA) (1) A local authority in England, or two or more local authorities in England acting jointly, may propose to the Secretary of State that the Secretary of State should designate an area of land (the “proposal area”) as the site of a proposed new town. (2) A proposal under subsection (1) (a “locally-led proposal”) must— (a) state the proposing authority’s proposals as to— (i) the name of the development corporation that would be established as a result of the proposal, and (ii) which local authority or local authorities should be designated as the oversight authority for that development corporation, and (b) include a map of the proposal area. (3) A locally-led proposal may also include proposals about any other matter about which the Secretary of State would be able to make provision in respect of the development corporation by order or regulations under this Act. (4) A local authority may make a locally-led proposal only if— (a) the proposal area falls wholly within the area of the local authority, or (b) where it makes the proposal jointly with one or more other local authorities, the proposal area falls— (i) wholly or partly within the area of each of them, and (ii) wholly within their combined areas. (5) A proposing authority may make a locally-led proposal only if— (a) the proposing authority has consulted the persons mentioned in subsection (6), (b) the proposing authority has had regard to any comments made in response by the consultees, and (c) those comments include comments by a local authority or the Greater London Authority that the proposing authority does not accept, the proposing authority has published a statement giving the reasons for the non-acceptance. (6) The persons referred to in subsection (5)(a) are— (a) persons who appear to the proposing authority to represent those living in, or in the vicinity of, the proposal area; (b) persons who appear to the proposing authority to represent businesses with any premises in, or in the vicinity of, the proposal area; (c) each Member of Parliament whose parliamentary constituency includes any part of the proposal area; (d) each local authority for an area which falls wholly or partly within the proposal area (other than the proposing authority or a constituent council of the proposing authority); (e) in relation to an area in Greater London, the Greater London Authority; (f) any other person whom the proposing authority considers it appropriate to consult. (7) A local authority may be proposed as the oversight authority under subsection (2)(a)(ii) only if the proposal area is wholly or partly within the area of the local authority. (8) Where the proposing authority proposes, under subsection (2)(a)(ii), that two or more local authorities should be designated as the oversight authority, it may also propose— (a) that a specified function should be exercisable by one of those local authorities, or (b) that a specified function should be exercisable by two or more of those local authorities jointly. For this purpose, “specified” means specified in the proposal. (9) In this section— - “local authority” means— a district council, a county council, or a London borough council; - “locally-led proposal” has the meaning given by subsection (2); - “proposing authority” means— the local authority which makes a locally-led proposal, or if two or more local authorities make such a proposal, those authorities acting jointly; and where the proposing authority consists of two or more authorities acting jointly, each is a “constituent council” of the proposing authority. (1ZB) (1) This section applies where a proposal has been made to the Secretary of State under section 1ZA(1) in relation to an area of land in England. (2) The Secretary of State may make an order under this section designating the area as the site of a proposed new town if satisfied that it would be expedient in the local interest that the area should be developed as a new town by a corporation established under this Act in consequence of the proposal. (3) Subsections (3) and (5) of section 1 apply to an order under this section as they apply to an order under that section.

• (3) In section 3 (establishment of development corporations for new towns)—

• (a) in subsection (1), after “1” insert “or 1ZB”;

• (b) in subsection (2A), after “in England” insert “designated under section 1”;

• (c) after subsection (2A) insert—

(2B) Subsections (2C) and (2D) apply where the Secretary of State makes an order under this section establishing a development corporation for a locally-led new town in consequence of a proposal under section 1ZA(1). (2C) The order must— (a) establish the corporation with the proposed name, (b) give effect to any proposal made by virtue of section 1ZA(3) as to the number of members to be prescribed under subsection (2ZB), (c) designate as the oversight authority the local authority or local authorities proposed as such, and (d) give effect to any proposal made by virtue of section 1ZA(8) (allocation of functions where oversight authority consists of more than one local authority). (2D) The Secretary of State must exercise other functions under this Act so as to give effect to any other proposals made by virtue of section 1ZA(3).

• (4) In section 77 (regulations and orders), in each of subsections (3), (3B) and (3C), after “1,” insert “1ZB,”.

Minor and consequential amendments

173

Schedule 16 makes minor and consequential amendments in connection with sections 171 and 172.

Planning functions

Planning functions of urban development corporations

174

• (1) The Local Government, Planning and Land Act 1980 is amended as follows.

• (2) In section 149 (urban development corporation as planning authority)—

• (a) after subsection (1) insert—

(1A) If the Secretary of State so provides by order, an urban development corporation for an area in England shall be the local planning authority for the whole or any portion of its area for such purposes of Part 2 or 3 of the Planning and Compulsory Purchase Act 2004 as may be prescribed.

• (b) in subsection (2), for “The order” substitute “An order under subsection (1) or (1A)”;

• (c) after subsection (2) insert—

(2A) If the Secretary of State so provides by order, an urban development corporation, other than a locally-led urban development corporation, for an area in England shall be the minerals and waste planning authority for the whole or any portion of its area for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004.

• (d) in subsection (3)—

• (i) in paragraph (a), omit “of the 1990 Act and the Planning (Listed Buildings and Conservation Areas) Act 1990”;

• (ii) in paragraph (b), omit “of those Acts”;

• (e) after subsection (3) insert—

(3A) A provision mentioned in paragraph 1, 3 or 5 of Part 1 of Schedule 29 may be specified under subsection (3)(a) only in relation to an urban development corporation for an area in England.

• (f) after subsection (4) insert—

(4A) If the Secretary of State so provides by order, an urban development corporation for an area in England shall have, in the whole or any portion of its area, the functions conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as it applies to applications for consent under section 37 of that Act.

• (3) After section 149 insert—

(149A) (1) Subsection (2) applies in relation to any function that an urban development corporation has by virtue of an order under section 149(1). (2) The corporation may make arrangements for the discharge of the function by the council (if any) which would have the function but for the order. (3) Where arrangements are in force under sub-paragraph (2) for the discharge of a function by a council— (a) the council may arrange for the discharge of the function by a committee, sub-committee or officer of the council, and (b) section 101(2) of the Local Government Act 1972 (delegation by committees and sub-committees) applies in relation to the function as it applies in relation to functions of the council. (4) Arrangements under subsection (2) for the discharge of a function do not prevent the urban development corporation from exercising the function. (5) Subsection (6) applies in relation to any function that an urban development corporation has by virtue of an order under section 149(1A) or (2A). (6) The corporation may seek assistance in connection with the discharge of the function from the council (if any) which would have the function but for the order; and that council may give such assistance. (7) In this section, “council” means a county council, district council or London borough council or the Common Council.

• (4) In Part 1 of Schedule 29 (planning enactments conferring functions capable of being assigned to urban development corporations)—

• (a) at the beginning insert—

(1) Section 17 of the Land Compensation Act 1961.

• (b) the paragraph referring to enactments in TCPA 1990 becomes paragraph 2;

• (c) after that paragraph insert—

(3) Sections 171BA, 171E, 172ZA, 172A, 191, 192, 225, 225A, 225C, 225F to 225H, 225J and 225K of the 1990 Act.

• (d) the paragraph referring to enactments in the Listed Buildings Act becomes paragraph 4;

• (e) after that paragraph insert—

(5) Section 44AA of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Planning functions of new town development corporations

175

• (1) The New Towns Act 1981 is amended as follows.

• (2) After section 7 insert—

(7A) (1) This section applies in relation to a development corporation established for the purposes of a new town in England. (2) The Secretary of State may provide by order for the corporation to be the local planning authority for the specified area— (a) for such purposes of Part 3 of the Town and Country Planning Act 1990, and in relation to such kinds of development, as are specified, or (b) for such purposes of Part 2 or 3 of the Planning and Compulsory Purchase Act 2004 as are specified. (3) An order under subsection (2) may provide— (a) that any enactment relating to local planning authorities is not to apply to the corporation, or (b) that any such enactment which applies to the corporation is to apply to it subject to such modifications as are specified. (4) The Secretary of State may provide by order— (a) for the corporation to have, in the specified area, the functions conferred by such of the enactments mentioned in Part 1 of Schedule 29 to the Local Government, Planning and Land Act 1980 as are specified; (b) for such of the enactments mentioned in Part 2 of that Schedule as are specified in the order to have effect, in relation to the corporation and to land in the specified area, subject to the modifications set out in that Part; (c) for such of the provisions of that Part 2 as apply for the purposes of the order to be read, for those purposes, as if— (i) any reference to an urban development corporation were a reference to a development corporation established under section 3 of this Act, and (ii) any reference to regenerating an area were a reference to developing a new town. (5) An order under subsection (4) may provide— (a) that any enactment relating to local planning authorities applies to the corporation for the purposes of any enactment specified in Schedule 29 to the Local Government, Planning and Land Act 1980 which relates to land in the specified area by virtue of the order; (b) that any enactment so applied to the corporation applies to it subject to modifications specified in the order. (6) The Secretary of State may, if the corporation is not a locally-led development corporation, provide by order for the corporation to be the minerals and waste planning authority for the specified area for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004. (7) The Secretary of State may provide by order that the corporation is to have, in the specified area, the functions conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as it applies to applications for consent under section 37 of that Act. (8) The area specified under any of the preceding subsections must be the whole, or part, of the area of the new town. (9) An order under this section may include supplementary or transitional provision or savings. (10) In this section “specified” means specified in an order under this section. (7B) (1) Subsection (2) applies in relation to any function that a development corporation has by virtue of an order under section 7A(2)(a). (2) The corporation may make arrangements for the discharge of the function by the council (if any) which would have the function but for the order. (3) Where arrangements are in force under subsection (2) for the discharge of a function by a council— (a) the council may arrange for the discharge of the function by a committee, sub-committee or officer of the council, and (b) section 101(2) of the Local Government Act 1972 (delegation by committees and sub-committees) applies in relation to the function as it applies in relation to functions of the council. (4) Arrangements under subsection (2) for the discharge of a function do not prevent the development corporation from exercising the function. (5) Subsection (6) applies in relation to any function that a development corporation has by virtue of an order under section 7A(2)(b) or (6). (6) The corporation may seek assistance in connection with the discharge of the function from the council (if any) which would have the function but for the order; and that council may give such assistance. (7) In this section, “council” means a county council, district council or London borough council.

• (3) In Schedule 3 (constitution and proceedings of development corporations), after paragraph 10 insert—

(10A) (1) This paragraph applies in relation to any function conferred on the corporation by virtue of an order under section 7A (planning functions of corporations in England). (2) The corporation may appoint committees and such committees may appoint sub-committees. (3) Anything which is authorised or required to be done by the corporation— (a) may be done by any member of the corporation or of its staff who is authorised for the purpose either generally or specifically; (b) may be done by a committee or sub-committee which is so authorised. (4) The corporation may— (a) determine the quorum of a committee or sub-committee; (b) make such arrangements as it thinks appropriate relating to the meetings and procedure of a committee or sub-committee. (5) Anything done for the purposes of sub-paragraph (4) is subject to directions given by the Secretary of State. (6) The validity of anything done by a committee or sub-committee is not affected by— (a) any vacancy among its members; (b) any defect in the appointment of any of its members. (10B) (1) This paragraph has effect in relation to the membership of committees and sub-committees appointed under paragraph 10A. (2) A committee may consist of— (a) such members of the corporation as it appoints; (b) such other persons as the corporation (with the consent of the Secretary of State) appoints. (3) A sub-committee of a committee may consist of— (a) such members of the committee as it appoints; (b) such persons who are members of another committee of the corporation (whether or not they are members of the corporation) as the committee appoints; (c) such other persons as the corporation (with the consent of the Secretary of State) appoints. (4) The membership of a committee or sub-committee— (a) must always include at least one person who is a member of the corporation; (b) must not include any person who is a member of the staff of the corporation.

Mayoral development corporation as minerals and waste planning authority

176

• (1) The Localism Act 2011 is amended as follows.

• (2) In section 202 (functions in relation to Town and Country Planning), after subsection (3) insert—

(3A) The Mayor may decide that the MDC is to be the minerals and waste planning authority, for the whole or any portion of the area, for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004.

• (3) In section 203 (arrangements for discharge of, or assistance with, planning functions), in subsection (4), after “2004” insert “, or the minerals and waste planning authority for the purposes of Part 2 of that Act,”.

• (4) In section 204 (removal or restriction of planning functions), in subsection (2), after “(3)” insert “, (3A)”.

Minor and consequential amendments

177

Schedule 17 makes amendments consequential on sections 174 and 175, and other minor amendments in connection with the planning functions of development corporations.

Membership

Removal of restrictions on membership of urban development corporations and new town development corporations

178

• (1) In Schedule 26 to the Local Government, Planning and Land Act 1980 (constitution and proceedings etc of urban development corporations)—

• (a) in paragraph 1, for the words from “such number” to the end substitute “the number of other members determined in accordance with paragraph 1A”;

• (b) after that paragraph insert—

(1A) (1) In the case of a corporation established by the Scottish Ministers or the Welsh Ministers— (a) the number of other members must be prescribed by order under section 135, and (b) the prescribed number must be— (i) not less than 5, and (ii) not more than 11. (2) In the case of a locally-led urban development corporation— (a) the number of other members must be prescribed by order under section 135, and (b) the prescribed number must be not less than 5. (3) In any other case, the number of other members must be not less than 5.

• (2) In section 3 of the New Towns Act 1981 (establishment of development corporations)—

• (a) in subsection (2), for paragraph (c) substitute—

(c) at least one other member.

• (b) after subsection (2) insert—

(2ZA) In the case of a development corporation established by an order under this section made by the Welsh Ministers— (a) the number of members other than the chairman and deputy chairman must be prescribed by the order, and (b) the prescribed number is not to exceed 11. (2ZB) In the case of a locally-led development corporation, the number of members other than the chairman and deputy chairman must be prescribed by the order.

• (3) Nothing in this section affects any provision of an order made before this section comes into force.

Finance

Removal of limits on borrowing of urban development corporations and new town development corporations

179

• (1) In paragraph 8 of Schedule 31 to the Local Government, Planning and Land Act 1980 (aggregate limit on borrowing of urban development corporations)—

• (a) in sub-paragraph (1), after “sub-paragraph (2) below” insert “(save as excepted by sub-paragraph (2A))”;

• (b) after sub-paragraph (2) insert—

(2A) But no sum which is— (a) borrowed by, or issued in fulfilment of a guarantee of a debt of, a corporation for an urban development area in England, and (b) borrowed or issued on or after the date on which section 179 of the Levelling-up and Regeneration Act 2023 comes into force, is to count for the purposes of sub-paragraph (2)(a) or (b).

• (2) In section 60 of the New Towns Act 1981 (aggregate limit on borrowing of new town development corporations)—

• (a) in subsection (1), after “sums” insert “(save as excepted by subsection (1A))”;

• (b) after subsection (1) insert—

(1A) No sum which— (a) is advanced to, or borrowed by, a development corporation established for the purposes of a new town in England, and (b) is advanced or borrowed on or after the date on which section 179 of the Levelling-up and Regeneration Act 2023 comes into force, is to count for the purposes of subsection (1)(a) or (d).

Part 9 — Compulsory purchase

Powers

Acquisition by local authorities for purposes of regeneration

180

In section 226 of TCPA 1990 (power of local authority to acquire land compulsorily for development and other planning purposes), after subsection (1A) insert—

(1B) In the application of subsections (1) and (1A) in England, “improvement” includes regeneration.

Procedure

Online publicity

181

• (1) The Acquisition of Land Act 1981 is amended as follows.

• (2) In section 7(1) (definitions), after the definition of “acquiring authority” insert—

• “appropriate website”, in relation to a notice about a proposed compulsory purchase, means a website which members of the public could reasonably be expected to find on searching on the internet for information about the scheme or project that underlies the proposed purchase,

• (3) In section 11 (requirement to publish notice of compulsory purchase order in newspaper)—

• (a) for the heading substitute “Public notices”;

• (b) in subsection (1)—

• (i) the words from “in two” to “situated” become paragraph (a);

• (ii) at the end insert

, and (b) for a period of at least 21 days ending with the day specified under subsection (2)(d), publish a notice in the prescribed form on an appropriate website.

• (c) in subsection (2)—

• (i) in the words before paragraph (a), for “notice” substitute “notices”;

• (ii) omit the “and” at the end of paragraph (c);

• (iii) after paragraph (c) insert—

(ca) specify a website on which those copies may be viewed, and

• (iv) for paragraph (d) substitute—

(d) specify the final day for making objections to the order, and the manner in which objections can be made.

• (d) after subsection (2) insert—

(2A) If the confirming authority is satisfied that, because of special circumstances, it is impracticable for the acquiring authority to make the copies referred to in subsection (2)(c) available for inspection at an appropriate place, the confirming authority may direct that the requirement in subsection (2)(c) (together with that in section 12(1)(ba)) is not to apply.

• (e) in subsection (4)(b), omit the words from “(but” to “affixed)”.

• (4) In section 12(1) (requirement to serve notice on certain affected persons)—

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

• (b) after paragraph (b) insert—

(ba) (subject to section 11(2A)) naming a place within the locality where a copy of the order and of the map referred to in it may be inspected, (bb) specifying a website on which those copies may be viewed, and

• (c) for paragraph (c) substitute—

(c) specifying the final day for making objections to the order, and the manner in which objections can be made.

• (5) After section 12 insert—

(12A) (1) For the purposes of sections 11 and 12, the day specified as the final day for making objections must be the last day, or a day after the last day, of the period of 21 days beginning with the first day at the beginning of which the acquiring authority expects that all of the following conditions will be satisfied. (2) The conditions are that— (a) a notice has been published for the first time as required by section 11(1)(a), (b) publication as required by section 11(1)(b) has begun, (c) a notice has been affixed as required by section 11(3), and (d) a notice has been served on every qualifying person as required by section 12(1).

• (6) In section 15 (notices after confirmation of compulsory purchase order)—

• (a) in subsection (3)—

• (i) the words from “in one” to “situated” become paragraph (a);

• (ii) at the end of that paragraph insert

, and (b) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the authority takes the final step needed to comply with subsection (1)(a).

• (b) in subsection (3A), for “(3)” substitute “(3)(a)”;

• (c) in subsection (3B)—

• (i) for “(3)” substitute “(3)(a)”;

• (ii) after “(3A),” insert “or with subsection (3)(b),”;

• (d) in subsection (4), after paragraph (c) insert—

(ca) specifying a website on which those copies may be viewed;

• (e) after subsection (4) insert—

(4A) If the confirming authority is satisfied that, because of special circumstances, it is impracticable for the acquiring authority to make the copies referred to in subsection (4)(c) available for inspection at an appropriate place, the confirming authority may direct that the requirement in subsection (4)(c) is not to apply.

• (7) In section 22 (requirement to publish notice of certificate under Part 3 of the Act)—

• (a) the words from “in one” to “situated” become paragraph (a);

• (b) at the end of that paragraph insert

, and (b) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the certificate is given,

• (8) In paragraph 9 of Schedule 3 (requirement to publish notice of certificate under that Schedule)—

• (a) the words from “in one” to “situated” become paragraph (a);

• (b) at the end of that paragraph insert

, and (b) on an appropriate website, until the end of the period of 6 weeks beginning with the day on which the certificate is given,

Confirmation proceedings

182

• (1) The Acquisition of Land Act 1981 is amended as follows.

• (2) In section 13A (confirmation proceedings for contested orders), for subsections (2) to (6) substitute—

(1A) The confirming authority must cause a public local inquiry to be held if— (a) the order is subject to special parliamentary procedure, or (b) in the case of an order to which section 16 applies, a certificate has been given under subsection (2) of that section. (1B) If subsection (1A) does not apply, the confirming authority must either— (a) cause a public local inquiry to be held, or (b) follow the representations procedure. (1C) In deciding between those options, the confirming authority must have regard to the scale and complexity of what is proposed by the order. (1D) The representations procedure is a procedure to be prescribed. (1E) The regulations prescribing the procedure must include— (a) provision enabling each person who has made a remaining objection to make representations— (i) in writing to the confirming authority, or (ii) if the person so requests, at a hearing, and (b) provision enabling the acquiring authority, and any other person the confirming authority thinks appropriate, to make representations— (i) in writing to the confirming authority, or (ii) if applicable, at a hearing held as mentioned in paragraph (a)(ii). (1F) The regulations may provide for hearings to be held by the confirming authority or by a person appointed by the confirming authority. (1G) In subsection (1E), “representations” means representations as to whether the order should be confirmed. (1H) Before confirming the order, the confirming authority must consider— (a) each remaining objection; (b) if a public local inquiry was held, the report of the person who held it; (c) if the representations procedure was followed and the confirming authority held a hearing, the representations made at the hearing; (d) if the representations procedure was followed and a person appointed by the confirming authority held a hearing, the report of that person; (e) if the representations procedure was followed and written representations were made, those representations. (1I) The confirming authority may confirm the order with or without modifications.

• (3) In section 13B (supplementary provision about written representations procedure)—

• (a) in the heading, omit “Written”;

• (b) in each of the following provisions, omit “written”—

• (i) subsection (1);

• (ii) subsection (2);

• (iii) subsection (4);

• (iv) subsection (6);

• (v) subsection (7);

• (c) in subsection (7), for “13A(6)” substitute “13A(1D)”.

• (4) In section 13C (confirmation of compulsory purchase order in stages), in subsection (3), for “13A(2) or (3)” substitute “13A(1A) or (1B)”.

• (5) In section 14D(3) (functions of inspector appointed by confirming authority), in paragraph (c), for the words from “13A(3)(a)” to the end substitute “13A”.

Conditional confirmation

183

• (1) The Acquisition of Land Act 1981 is amended as set out in subsections (2) and (3).

• (2) After section 13B insert—