New clause 7 - Special provision for certain circumstances where disclosure of information as to national security may occur
Planning and Compulsory Purchase (Re-committed) Bill
'(1) In section 321 of the principal Act (planning inquiries to be held in public subject to certain exceptions) after subsection (4) there are inserted the following subsections—
''(5) If the Secretary of State is considering giving a direction under subsection (3) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.
(6) A person appointed under subsection (5) must have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c.41).
(7) The Lord Chancellor may by rules make provision—
(a) as to the procedure to be followed by the Secretary of State before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5);
(b) as to the functions of such a person.
(8) Rules made under subsection (7) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.''
(2) In Schedule 3 to the listed buildings Act (determination of certain appeals by person appointed by the Secretary of State), in paragraph 6, after subparagraph (7) there are inserted the following subparagraphs—
''(7A) If the Secretary of State is considering giving a direction under subparagraph (6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.
(7B) A person appointed under subparagraph (7A) must have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c.41).
(7C) The Lord Chancellor may by rules make provision—
(a) as to the procedure to be followed by the Secretary of State before he gives a direction under subparagraph (6) in a case where a person has been appointed under subparagraph (7A);
(b) as to the functions of such a person.
(7D) Rules made under subparagraph (7C) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.''
(3) In the Schedule to the hazardous substances Act, in paragraph 6, after subparagraph (7) there are inserted the following subparagraphs—
''(7A) If the Secretary of State is considering giving a direction under subparagraph (6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.
(7B) A person appointed under subparagraph (7A) must have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c.41).
(7C) The Lord Chancellor may by rules make provision—
(a) as to the procedure to be followed by the Secretary of State before he gives a direction under subparagraph (6)
in a case where a person has been appointed under subparagraph (7A);
(b) as to the functions of such a person.
(7D) Rules made under subparagraph (7C) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.''.'.—[Keith Hill.]
Brought up, and read the First time.
Question proposed [this day], That the clause be read a Second time.
Question again proposed.
