Planning Bill

There are sufficient details around the notion of the small project in relation to the single commissioner that it deserves a proper letter from me on that point. I did not explain it very well. I could offer the Committee other examples before we address that point, and I shall do that quickly. On the question of Schedule 1 stand part, in relation to delegation, as set out in paragraph 15, the noble Baroness, Lady Hamwee, asked who takes responsibility for the commission’s functions. I think I can reassure her on that. Paragraph 15 does not apply to the central functions of the IPC, such as decisions by the panel or council on applications for orders granting development consent. Those are dealt with in the body of the Bill at Clauses 72, 82, 101 and 113. They specify that, where a NPS is in place, the panel or council—a group of commissioners—has the function of deciding the application, and the decisions are made in the name of the commission. That compares with other functions of the commission, which, as provided for in paragraph 15(2), can be delegated to a commissioner or member of the IPC secretariat. It is sensible that general functions, such as providing everyday advice about how to make a representation, can be provided by the secretariat. Paragraph 15(1), however, provides a restriction on that and sets out the functions of the commission that can only be made by commissioners. Ministers included that safeguard to ensure that only commissioners can carry out the more important functions—which I think is what the noble Baroness was concerned about—such as providing overarching guidance on how promoters should comply with the duty to consult before submitting an application to the IPC, in Clause 41(2); authorising persons to obtain information about land, in Clause 50; and authorising persons to enter land for the purpose of surveying and taking levels in connection with an application for development consent, in Clause 51. I think I have answered the question about the qualifications of commissioners, by saying that they should be good generalists. We are looking for people with a very wide range of—