Member

4: After Clause 2, insert the following new Clause— “Projects relating to water(1) Part 3 of the Planning Act 2008 (nationally significant infrastructure projects) is amended as set out in subsections (2) to (4).(2) In section 27 (dams and reservoirs)—(a) in subsection (1)(b), after “by” insert “, or by a person appointed by,”;(b) in subsection (2)(b), after “by” insert “, or by a person appointed by,”;(c) after subsection (3) insert—“(4) In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582).”(3) In section 28 (transfer of water resources)—(a) in subsection (1)(a), after “by” insert “, or by a person appointed by,”;(b) after subsection (2) insert—“(3) In this section, the reference to “a person appointed by” a water undertaker includes a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582).”(4) In section 28A (desalination plants)—(a) in subsection (1)(b), after “by” insert “, or by a person appointed by,”;(b) in subsection (2)(b), after “by” insert , or by a person appointed by,”;(c) after subsection (3) insert—“(4) In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582).”(5) The amendments made by this section do not apply in relation to a project where, before the day on which this section comes into force—(a) consent for the project was required, or otherwise provided for, by or under an enactment other than section 31 of the Planning Act 2008 (requirement for development consent in relation to development that is or forms part of a nationally significant infrastructure project), and(b) any steps provided for by or under the enactment in question, to obtain that consent, had been taken.(6) In subsection (5), “consent” means any consent, approval, permission, authorisation, confirmation, direction or decision (however described, given or made).”Member’s explanatory statement This amendment would allow projects carried out by third parties appointed by water undertakers to fall within the definition of a nationally significant infrastructure project by virtue of section 14(1)(m), (n) or (na) of the Planning Act 2008, provided the other conditions in sections 27, 28 and 28A of the 2008 Act are met.