My Lords, this group of amendments relates to land powers, a subject which attracted much debate in Committee. I have reflected on the concerns raised by the Committee, and I thank the noble Lords, Lord Tunnicliffe and Lord Rosser, the noble Baronesses, Lady Randerson and Lady Ford, and my noble friend Lord Deben for their close scrutiny of these powers. I will set out the amendments that we have tabled in response to their contributions.
The Government want to make it clear that the Bill will not give compulsory purchase powers to operators. We have sought to establish a proportionate set of land powers that are intended to be used only where appropriate. For this reason we have tabled Amendment 19, which replaces the word “expedient” with “appropriate” in Clause 38, as the former term was much criticised in Committee. This is intended to clarify the limited circumstances in which a Clause 38 order could be made. There is precedent for the use of the word “appropriate” in relation to the exercise of powers under other legislation. A few examples are the Airports Act 1986, the Armed Forces Act 2006 and the Civil Aviation Act 1982. I hope this amendment reassures noble Lords that the Government are serious about developing a balanced land powers regime that does not disproportionately impact landowners.
On Clause 40, noble Lords—including the noble Lord, Lord Tunnicliffe, and my noble friend Lord Deben—raised concerns in Committee about the lack of clarity regarding the temporary nature of the restriction on the use of land by orders under this clause in the current draft of the Bill. It is our intention that orders made under Clause 40 should be in force for only the shortest amount of time possible, and should be used only where no alternative arrangement can be negotiated with the rights holders and other interested parties.
Amendment 20 would remove Clause 40 and replace it with text that more clearly sets out the temporary restriction of use by such orders. This amendment, which is similar to the amendment to Clause 38, seeks to revise the language of the clause to reassure noble
Lords that such orders will be made only where the Secretary of State considers it appropriate to do so. Further, subsection (1) of the proposed new clause explicitly sets out that orders would only temporarily restrict or prohibit the use of land or water for launch or landing.
We have also gone further. Orders made under this revised clause must specify the launch or landing that is proposed to be carried out and the period or periods for which the restriction or prohibition will apply. Orders must specify the relevant spaceport used and specify the area of land or water subject to the restriction or prohibition. This means that those affected will have greater clarity on the impact of the orders. They are able to challenge these restrictions using the objection process in Schedule 6, or can apply to quash orders under the process outlined in Schedule 7.
To reflect the temporary nature of restrictions or prohibitions under Clause 40 orders, we have consequentially tabled Amendments 23, 24 and 25 to Clause 44, which is headed “Registration of orders”. Temporary land orders made under Clause 40 would not be land charges and would not require registration in the land register in England and Wales or the equivalents in Scotland and Northern Ireland.
We have also tabled Amendments 26, 27 and 28 to Clause 48, which is headed “Amendment and revocation of orders”. The provision on orders under Clause 38, which is about powers to obtain rights over land, and paragraphs 4 and 5 of Schedule 9, which relate to statutory undertakers, remain the same as before. The amendments to this clause allow for amending orders made under Clause 40(1) to shorten or remove a specified period of restriction or prohibition on the use of land or water. An amending order made under proposed new Clause 48(2)(a), or an order revoking this order, becomes operative immediately after it is made and the Secretary of State must notify relevant persons about the order.
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That means that, should a restriction no longer be necessary—for example, if three periods are earmarked for launch to mitigate the risk of adverse weather conditions but the first launch is successful—the relevant persons will be notified and individuals who wish to use the land or water will be able to do so immediately after the original order imposing the restriction is amended or revoked. This reflects the Government’s desire to limit restrictions on the use of land and water to the shortest period necessary, enabling local people to enjoy their rights fully except where safety necessitates those restrictions.
Any other amendments to extend or change orders made under Clause 40 will not be subject to this light-touch approach and will need to go through the full notification process set out in Schedule 6, which allows for objections to be made.
It is important to clarify that the original order would still be subject to the full notification process, enabling objections to be made to a proposal to make an order and enabling a challenge to that order once made by applying for a quashing order.
That brings me, finally, to the process for challenging orders made under Clauses 38 or 40. Noble Lords expressed many concerns about the availability of
challenges for such orders as set out in the Bill. I have reflected on those concerns and would like to address them now.
Amendment 22 makes much clearer the options available for challenging orders made under Clauses 38 and 40. This amendment to Clause 42 provides for a new heading—“Challenges to and commencement of orders”. It sets out clearly that a proposal to make an order under Clauses 38 and 40 can be challenged through the process set out in Schedule 6. This allows those served with a notice 42 days to object to the proposed order. If they do so, the Secretary of State must call for a local public inquiry or arrange for objections to be heard in person. If the Secretary of State decides that, despite the objection, it is appropriate to continue to make the order, under the amendment it is clear that an order can be challenged under the process set out in Schedule 7.
The Government are serious about ensuring that local people have the right to object to any orders made under the Bill, and the process set out in Schedule 7 allows for challenge on grounds very similar to those for judicial review. The application to quash an order under this process would be considered in the High Court, and the remedy available would be the most appropriate one under a judicial review process. The amendment clarifies that this process is the only legal challenge mechanism for orders made under Clauses 38 and 40.
The challenge mechanism and the six-week time limit are consistent with tried and tested provisions in planning legislation. For example, legal challenges to most orders made under the Town and Country Planning Act 1990 are also subject to a six-week time limit.
I also remind noble Lords that under Clause 43 and Schedule 8 there is a comprehensive compensation provision. It allows for compensation to be recovered if the value of land is diminished, or if land is damaged or damages are sustained due to disturbance in the use of land as a result of orders under the Bill. Compensation may be claimed in relation to an order under Clause 38 from the person in whose favour the order is made. This will most likely be the holder of a spaceport licence or a provider of range control services. Compensation in relation to an order made under Clause 40 may be claimed from the spaceport operator.
A person who has an interest in land, including landowners, mortgagees and, in Scotland, creditors in a heritable security, may claim compensation under Schedule 8. Should any compensation dispute arise, this will be referred to the Upper Tribunal in England or Wales or the relevant Lands Tribunal in Scotland or Northern Ireland.
I now turn to Amendment 21, tabled by the noble Baroness, Lady Randerson, and the noble Lord, Lord Fox. I thank them for once again bringing our attention to the involvement of the devolved Administrations in the making of orders under Clauses 38 and 40.
Officials have been working with colleagues in the devolved Administrations during the development of the land powers in the Bill and have agreed an approach which the devolved Administrations have confirmed they are content with. I want to reassure noble Lords
that local decision-makers, including the devolved Administrations, will be closely involved in any planning decisions related to spaceports. The orders under Clauses 38 and 40 do not interfere with local planning authorities’ ability to make planning decisions.
The Bill also sets out in Schedule 7 an objection process for applying to the court to quash an order, which provides an opportunity for the devolved Administrations to challenge specific orders. I hope that the noble Lord and the noble Baroness will feel able not to press their amendment. I beg to move Amendment 19.