HL Deb 11 July 1995 vol 565 cc1640-1

264 Schedule 18, page 218, line 15, at end insert:

". In Schedule 5 to that Act (conditions relating to mineral working) in paragraph 4 (consultations) after sub-paragraph (4) there shall be inserted—

"(4A) Without prejudice to the application of this paragraph in relation to consultation with the Forestry Commission, where the Minister is consulted pursuant to any provision of this paragraph—

  1. (a) he is not required to inspect any land or to express a view on any matter or question; and
  2. (b) he is not precluded from responding in general terms or otherwise in terms which are not specific to the land in question.".

In Schedule 6 to that Act (determination of certain appeals by person appointed by the Secretary of State) in paragraph 1(1) (power, in respect of appeals under certain provisions, to prescribe classes of appeals to be determined by an appointed person instead of by the Secretary of State), after "208," there shall be inserted "and paragraphs 6(11) and (12) and 11(1) of Schedule (Review of old mineral planning permissions) and paragraph 9(1) of Schedule (Periodic review of mineral planning permissions) to the Environment Act 1995,".'.

265 Page 219, line 8, at end insert:

'(4A) After that subsection there shall be inserted—

"(4A) In England and Wales, a local authority, in exercising the functions conferred or imposed on it under this Part by virtue of subsection (3) above, shall have regard to the strategy for the time being published pursuant to section (National air quality strategy) of the Environment Act 1995.".'.

266 Page 219, line 19, leave out 'Subsections (4) to (8)' and insert `The requirements of sub-paragraph (ii) of paragraph (a) or, as the case may be, of paragraph (b) of subsection (8) above shall not apply in any case where, in the opinion of the Secretary of State, the publication of notice in accordance with that sub-paragraph would be contrary to the interests of national security.

(8B) Subsections (4) to (8A)'.

267 Page 219, line 48, at end insert:

'(2) At the end of subsection (12) of that section (definition of "relevant enactments" for the purposes of subsection (2)) there shall be added "; and (g) section (Regulations for the purposes of Part (Air Quality)) of the Environment Act 1995.".'.

268 Page 221, line 29, at end insert:

`() For subsection (5) (hearings) there shall be substituted—

"(5) Before determining an appeal under this section, the Secretary of State may, if he thinks fit—

  1. (a) cause the appeal to take or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private); or
  2. (b) cause a local inquiry to be held;
and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by either party to the appeal to be heard with respect to the appeal.".'.

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 264 to 268.

Moved, That the House do agree with the Commons in their Amendments Nos. 264 to 268.—(Earl Ferrers.)

On Question, Motion agreed to.