New Clause 12 — Effect of intervention

Deferred Division – in the House of Commons at 4:45 pm on 25th June 2008.

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'(1) This section applies if the Secretary of State gives a direction under section 103(1) in relation to an application.

(2) The Secretary of State has the functions of—

(a) examining the application, and

(b) deciding the application.

(3) The Secretary of State may discharge the function of examining the application by—

(a) directing the Commission to examine such matters as may be specified by the Secretary of State;

(b) conducting an examination of any matters in relation to which a direction under paragraph (a) is not given.

(4) Schedule [Examination of applications by Secretary of State] makes provision in relation to the Secretary of State's function of examining an application under this section.

(5) An examination under subsection (3)(a) is to be conducted in accordance with paragraph 1 of Schedule [Examination of applications by Secretary of State].

(6) An examination under subsection (3)(b) is to be conducted in accordance with paragraph 2 of Schedule [Examination of applications by Secretary of State].

(7) Rules under paragraph 3 of Schedule [Examination of applications by Secretary of State] must provide for a deadline for the completion by the Secretary of State of—

(a) the examination of the application under subsection (2)(a);

(b) the examination of any matters under subsection (3)(b).

(8) The Secretary of State's examination of the application is a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).

(9) Subsection (5) of section 250 of the Local Government Act 1972 (provisions about costs applying where Minister causes a local inquiry to be held) applies in relation to the Secretary of State's examination of the application as it applies in relation to an inquiry under that section, but with references to the Minister causing the inquiry to be held being read as references to the Secretary of State.

This is subject to subsection (10).

(10) Subsections (6) to (8) of section 210 of the Local Government (Scotland) Act 1973 (provisions about expenses applying where Minister causes a local inquiry to be held) apply in relation to the Secretary of State's examination of the application in so far as relating to a hearing held in Scotland as they apply in relation to an inquiry under that section, but with references to the Minister causing the inquiry to be held being read as references to the Secretary of State.

(11) In subsection (10) "hearing" means—

(a) any meeting or hearing that the Secretary of State causes to be held for the purposes of the Secretary of State's examination of the application, or

(b) a site visit.'.— [John Healey.]

Brought up, read the First time, and added to the Bill.

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