Sch 13 para 49
(1) Amend section 104 (decisions of Panel and Council) as follows. (2) In subsection (1) for “the decision-maker is a Panel or the Council” substitute “ a national policy statement has effect in relation to development of the description to which the application relates ” . (3) In subsection (2)— (a) for “Panel or Council” (in both places) substitute “ Secretary of State ” , (b) in paragraph (b) for “Commission” substitute “ Secretary of State ” , and (c) in paragraph (d) for “its” substitute “the Secretary of State's”. (4) In subsections (3) and (4) for “Panel or Council” substitute “ Secretary of State ” . (5) In subsection (5)— (a) for “Panel or Council is” substitute “ Secretary of State is ” , and (b) for “Panel or Council, or the Commission, being in breach of any duty imposed on it” substitute “ Secretary of State being in breach of any duty imposed on the Secretary of State ” . (6) In subsections (6), (7) and (8) for “Panel or Council” substitute “ Secretary of State ” . (7) For the heading substitute “ Decisions in cases where national policy statement has effect ”