Commentary on Sections Other infrastructure provisions Section 25: Modifications of special parliamentary procedure in certain cases
111.Section 25 removes an inconsistency between the 2008 Act and the Statutory Orders (Special Procedure) Act 1945 ("the 1945 Act"), and similar inconsistencies between certain other provisions providing for the compulsory acquisition of land and the 1945 Act. It amends the 1945 Act to ensure that in circumstances where an order is subject to special parliamentary procedure under one of the specified provisions only to the extent that it authorises the compulsory acquisition of land of a particular classification ("special land"), the order can only be the subject of petitions and be considered by Parliament insofar as it authorises the acquisition of that land.
112.The section then modifies the effect of the 1945 Act in respect of special acquisition provisions. Where an order is subject to special parliamentary procedure under a special acquisition provision, new subsection 1A of that Act provides that insofar as the order authorises the compulsory acquisition of special land it is to be known as a "special authorisation".
113.Section 3 of the 1945 Act, which provides for the examination of petitions against an order by the Lord Chairman of Committees and the Chairman of Ways and Means ("the Chairmen"), is then modified so that references to petitions against an order are to be construed as references to petitions against a special authorisation. This has the effect that only petitions against the elements of the order authorising the compulsory acquisition of special land may be certified as being proper to be received by the Chairmen.
114.Under the modified provisions, the Chairmen may therefore certify either that a petition is one of amendment to a special authorisation, or, if it is against the special authorisation generally, that it is a petition of general objection. In the case of orders under the Transport and Works Act 1992, the 1945 Act is amended to provide that where a petition is a petition of general objection against the special authorisation, the petition shall not be certified as proper to be received if the Chairmen are of the opinion that the removal of the special authorisation would be inconsistent with proposals which have been approved by each House of Parliament
115.Section 4 of the 1945 Act, which makes provision for proceedings subsequent to the report of the Chairmen laid before both Houses of Parliament under section 3, is modified so that in the 21 day period beginning with the date on which the report is laid either House may resolve to annul the special authorisation. The section also provides that if either House resolves to annul a special authorisation, the relevant Minister may either withdraw the order to which that special authorisation relates or cause the order to be submitted to Parliament for further consideration by means of an Act.
116.If neither House resolves to annul the special authorisation, at the end of the 21 day period any petitions against the special authorisation certified by the Chairmen as proper to be received shall stand referred to a joint committee of both Houses, or if there are none the order to which the special authorisation relates will come into operation. Where a petition against a special authorisation is one of general objection then either House may resolve that it should not be referred to the joint committee.
117.Section 5 of the 1945 Act, which makes provision in respect of the powers of a joint committee where a petition against an order is referred to them under the preceding sections of the Act, is then modified so that references to an order are to be read as references to a special authorisation. The effect of this is that the joint committee will be able to report the special authorisation with or without amendment, or where a petition of general objection has been received may report that the special authorisation should not be approved.
118.Section 6 of the 1945 Act, which makes provision for the operation of orders following the report of a joint committee, is also modified. Where a special authorisation is reported by a joint committee without amendments, the order to which that special authorisation relates will come into operation on a specified date. Where a special authorisation is reported by a joint committee with amendments, then the order to which that special authorisation relates will come into force as amended on a date determined by the relevant Minister. Where the Minister considers it is inexpedient for an order to take effect with the amendments to the special authorisation, then the Minister may either withdraw the relevant order or cause it to be submitted to Parliament for further consideration by means of an Act. Where the special authorisation is reported such that it should not be approved, the order to which that special authorisation relates will not take effect unless confirmed by an Act of Parliament.
119.Section 7 of the 1945 Act, which makes provision in respect of petitioners’ costs, is modified to refer to a special authorisation instead of to an order. The section also makes consequential provision in respect of Standing Orders of a House of Parliament where the modified provisions of the 1945 Act are applicable.
120.The new sections 1A and 9A of the 1945 Act will apply to any development consent order made after the amendment comes into force, subject to any transitional provision set out in the order that commences this section. This would include orders granting development consent made in respect of applications lodged before commencement of section 25, but not to other orders authorising compulsory purchase of land, as it is not the intention to apply the modifications in respect of such other orders where proceedings have begun prior to commencement.