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Offences in relation to rights of entry. |
22. - (1) Any person who intentionally obstructs a person acting in exercise of his powers under section 21 commits an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. |
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(2) Any person who is admitted into a factory, workshop or workplace in compliance with the provisions of section 21 commits an offence if he discloses to any person any information obtained by him in it as to any manufacturing process or trade secret. |
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(3) Subsection (2) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the premises. |
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(4) A person who is guilty of an offence under subsection (2) shall be liable- |
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(a) on summary conviction, to a fine not exceeding the statutory maximum; |
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(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both. |
Supplementary provisions. |
23. Schedule 6 (which contains supplementary provisions about land vested in or acquired by a regional development agency under this Act) shall have effect. |
| Designation orders and their effect |
Power to make designation orders. |
24. - (1) This section applies to any part of the area of a regional development agency which, in the opinion of the Secretary of State, is suitable for regeneration or development. |
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(2) Where, as respects any area to which this section applies, it appears to the Secretary of State- |
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(a) that all or any of the provisions authorised by section 25 should be made in relation to the whole or any part of it, or |
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(b) that either or both of sections 26 and 27 should apply in relation to it, |
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the Secretary of State may by order made by statutory instrument designate that area and either so make the provision or provisions, or direct that the section or sections shall so apply, or (as the case may require) do both of those things. |
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(3) In this Act "designation order" means an order under this section and "designated area" means, subject to subsection (7), an area designated by a designation order. |
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(4) Before making a designation order the Secretary of State shall consult every local authority any part of whose area is intended to be included in the proposed designated area. |
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(5) A designation order may contain such savings and transitional and supplementary provisions as may be specified in the order. |
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(6) No designation order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament. |
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(7) The power to amend a designation order conferred by section 14 of the Interpretation Act 1978 includes power to amend the boundaries of the designated area; and where any such amendment is made, any reference in this Act to a designated area is a reference to the designated area as so amended. |
Agency as local planning authority. |
25. - (1) If a designation order so provides, the relevant agency shall be the local planning authority for the whole or any part of the designated area- |
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(a) for such purposes of Part III of the Town and Country Planning Act 1990 and sections 67 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as may be specified in the order; and |
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(b) in relation to such kinds of development as may be so specified. |
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(2) A designation order making such provision as is mentioned in subsection (1) may also provide- |
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(a) that any enactment relating to local planning authorities shall not apply to the relevant agency; and |
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(b) that any such enactment which applies to the relevant agency shall apply to it subject to such modifications as may be specified in the order. |
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(3) If a designation order so provides- |
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(a) subject to any modifications specified in the order, the relevant agency shall have, in the whole or any part of the designated area, such of the functions conferred by the provisions mentioned in subsection (4) as may be so specified; and |
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(b) such of the provisions of Part VI and sections 249 to 251 and 258 of the Town and Country Planning Act 1990 and sections 32 to 37 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as are mentioned in the order shall have effect, in relation to the relevant agency and to land in the designated area, subject to the modifications there specified. |
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(4) The provisions referred to in subsection (3)(a) are- |
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(a) sections 171C, 171D, 172 to 185, 187 to 202, 206 to 222, 224, 225, 231 and 320 to 336 of, and paragraph 11 of Schedule 9 to, the Town and Country Planning Act 1990; |
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(b) Chapters I, II and IV of Part I and sections 54 to 56, 59 to 61, 66, 68 to 72, 74 to 76 and 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990; and |
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(c) sections 4 to 15, 17 to 21, 23 to 26AA, 36 and 36A of the Planning (Hazardous Substances) Act 1990. |
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(5) A designation order making such provision as is mentioned in subsection (3) may also provide that, for the purposes of any of the provisions specified in the order, any enactment relating to local planning authorities shall apply to the relevant agency subject to such modifications as may be so specified. |
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(6) In this section, references to the relevant agency, in relation to a designated area, are to the regional development agency within whose area the designated area falls. |
Adoption of private streets. |
26. - (1) Where- |
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(a) this section applies in relation to a designated area, and |
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(b) any street works have been executed on any land in the designated area which was then or has since become a private street (or part of a private street), |
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the relevant agency may serve a notice (an "adoption notice") on the street works authority requiring the authority to declare the street (or part) to be a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense. |
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(2) Within the period of 2 months beginning with the date on which the adoption notice was served, the street works authority may appeal against the notice to the Secretary of State. |
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(3) After considering any representations made to him by the relevant agency and the street works authority, the Secretary of State shall determine an appeal under subsection (2) by setting aside or confirming the adoption notice (with or without modifications). |
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(4) Where, under subsection (3), the Secretary of State confirms the adoption notice- |
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(a) he may at the same time impose conditions (including financial conditions) upon the relevant agency with which it must comply in order for the notice to take effect, and |
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(b) with effect from such date as the Secretary of State may specify, the street (or part) shall become a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense. |
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(5) Where a street works authority neither complies with the adoption notice, nor appeals under subsection (2), the street (or part) shall become, upon the expiry of the period of two months referred to in subsection (2), a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense. |
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(6) In this section- |
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(a) "street works" and "street works authority" have the same meanings as in Part XI of the Highways Act 1980, and |
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(b) references to the relevant agency, in relation to a designated area, are to the regional development agency within whose area the designated area falls. |
Traffic regulation orders for private streets. |
27. - (1) Where- |
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(a) this section applies in relation to a designated area, |
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(b) the regional development agency within whose area the designated area falls submits to the Secretary of State that an order under this section should be made in relation to any road in the designated area which is a private street, and |
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(c) it appears to the Secretary of State that the traffic authority do not intend to make an order under section 1 or, as the case may be, section 6 of the Road Traffic Regulation Act 1984 (orders concerning traffic regulation) in relation to the road, |
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the Secretary of State may by order under this section make in relation to the road any such provision as he might have made by order under that section if he had been the traffic authority. |
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(2) The Road Traffic Regulation Act 1984 applies to an order under this section as it applies to an order made by the Secretary of State under section 1 or, as the case may be, section 6 of that Act in relation to a road for which he is the traffic authority. |
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(3) In this section, "road" and "traffic authority" have the same meanings as in the Road Traffic Regulation Act 1984. |
| Miscellaneous and supplementary |
Connection of private streets to highway. |
28. - (1) For its purposes, or for purposes incidental thereto, a regional development agency may serve a notice (a "connection notice") on the local highway authority requiring the authority to connect a private street to an existing highway (whether or not it is a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense). |
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(2) A connection notice must specify- |
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(a) the private street and the existing highway; |
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(b) the works which appear to the agency to be necessary to make the connection; and |
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(c) the period within which those works should be carried out. |
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(3) Before serving a connection notice a regional development agency shall consult the local highway authority about the proposed contents of the notice. |
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(4) Within the period of 2 months beginning with the date on which the connection notice was served, the local highway authority may appeal against the notice to the Secretary of State. |
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(5) After considering any representations made to him by the regional development agency concerned and the local highway authority, the Secretary of State shall determine an appeal under subsection (4) by setting aside or confirming the connection notice (with or without modifications). |
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(6) A connection notice becomes effective- |
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(a) where no appeal is made within the period of 2 months referred to in subsection (4), upon the expiry of that period; |
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(b) where an appeal is made within that period but is withdrawn before it has been determined by the Secretary of State, on the date following the expiry of the period of 21 days beginning with the date on which the Secretary of State is notified of the withdrawal; |
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(c) where an appeal is made and the connection notice is confirmed by a determination under subsection (5), on such date as the Secretary of State may specify in the determination. |
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(7) Where a connection notice becomes effective, the local highway authority shall carry out the works specified in the notice within such period as may be so specified and may recover the expenses reasonably incurred by them in doing so from the regional development agency which served the notice. |
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(8) If the local highway authority do not carry out the works specified in the notice within such period as may be so specified, the regional development agency which served the notice may itself carry out or complete those works or arrange for another person to do so. |
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(9) In this section "local highway authority" has the same meaning as in the Highways Act 1980. |
Power to alter regions. |
29. - (1) The Secretary of State may by order make alterations in the extent of the regions in Schedule 1. |
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(2) The alterations that may be made by an order under this section do not include alterations that result in a reduction or increase in the number of regions in that Schedule. |
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(3) Where the Secretary of State proposes to make an order under this section, he shall take such steps as he considers sufficient to secure that members of the public who may be interested in the proposed order are informed of it and of the period within which they may make representations to him about it. |
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(4) Before making an order under this section, the Secretary of State shall consult- |
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(a) every regional development agency affected by the proposed order, |
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(b) every local authority whose area includes the whole or any part of an area to which the proposed order relates, and |
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(c) such other persons as he thinks fit, |
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and have regard to any representations made to him within the period for making representations about the proposed order. |
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(5) The Secretary of State may cause a local inquiry to be held in connection with the making of an order under this section; and subsections (2) to (5) of section 250 of the Local Government Act 1972 (which relate to the giving of evidence at, and defraying the cost of, local inquiries) shall apply in relation to any inquiry held under this subsection as they apply in relation to an inquiry which a Minister causes to be held under subsection (1) of that section. |
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(6) An order under this section may make such supplementary or transitional provision as the Secretary of State thinks fit including- |
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(a) provision as to the membership of a regional development agency, |
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(b) provision for the transfer of property, rights and liabilities, |
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(c) provision for the transfer of staff, and |
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(d) provision as to pending legal proceedings. |
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(7) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. |