Levelling-up and Regeneration Bill — Commons Amendments and Reasons — Motion L1 (as an amendment to Motion L) — 23 Oct 2023 at 18:45

Moved by Baroness Thornhill

44C: In subsection (4)(a), leave out “does not materially affect the policy or”

44D: In subsection (4)(b), at end insert “in the interests of public safety or national security”

44E: At end insert- “(5) Except in the case where no consultation or participation has taken place or is to take place in accordance with subsection (4), the Secretary of State may not make or revoke a direction under subsection (1), or modify a national development management policy, unless the Secretary of State has laid the proposal before Parliament, and either-(a) the consideration period has expired without-(i) a Committee of either House of Parliament making a recommendation relating to the proposal during that period, or (ii) either House of Parliament making a resolution that the proposal should be modified or that the making or revoking of the direction should not be proceeded with, or(b) the making or revoking of the direction or the modification of the development management policy has been approved by resolution of each Houses of Parliament before the end of the consideration period. (6) Before making or revoking a direction under subsection (1), or modifying a national development management policy, the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the proposal.(7) In subsection (5)-“the consideration period”, in relation to a policy, means the period of 21 sitting days beginning with the first sitting day after the day on which the statement is laid before Parliament, and “sitting day” means a day on which the House of Commons sits; “the proposal” means (as the case may be)-(a) the policy that the Secretary of State proposes to designate as a national development management policy under subsection (1), (b) the proposal to revoke a direction under subsection (1), or (c) the proposed modification to the national development management policy. 38ZB Review of national development management policies(1) The Secretary of State must review a national development management policy whenever the Secretary of State thinks it appropriate to do so. (2) A review may relate to all or part of a national development management policy. (3) In deciding when to review a national development management policy the Secretary of State must consider whether- (a) since the time when the policy was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy was decided, (b) the change was not anticipated at that time, and (c) if the change had been anticipated at that time, any of the policy set out would have been materially different. (4) In deciding when to review part of a national development management policy (“the relevant part”) the Secretary of State must consider whether- (a) since the time when the relevant part was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part was decided, (b) the change was not anticipated at that time, and (c) if the change had been anticipated at that time, any of the policy set out in the relevant part would have been materially different. (5) After completing a review of all or part of a national development management policy the Secretary of State must do one of the following-(a) amend the policy;(b) withdraw the policy's designation as a national development management policy;(c) leave the policy as it is.(6) The Secretary of State may amend a national development management policy only if the consultation and publicity requirements and the parliamentary requirements set out in subsections (3) and (5) of section 38ZA have been complied with in relation to the proposed amendment, and-(a) the consideration period for the amendment has expired without the House of Commons resolving during that period that the amendment should be modified or should not be proceeded with, or (b) the amendment has been approved by resolution of the House of Commons-(i) after being laid before Parliament under section 38ZA(5), and(ii) before the end of the consideration period.(7) In subsection (6), “the consideration period” means the period mentioned in section 38ZA(7).(8) If the Secretary of State amends a national development management policy, the Secretary of State must-(a) arrange for the amendment, or the policy as amended, to be published, and(b) lay the amendment, or the policy as amended, before Parliament.””

Ayes 179, Noes 196.

Debate in Parliament |