[AS AMENDED IN STANDING COMMITTEE G]
Make provision relating to spatial development and town and country
planning; compulsory acquisition for development; and loss payments in
respect of certain interests in property compulsorily acquired.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1 Regional Spatial Strategy
(1) For each region there is to be a regional spatial strategy (in this Part referred to
as the “RSS”).
(2) The RSS must set out the Secretary of State’s policies (however expressed) in
relation to the development and use of land within the region.
(3) In subsection (2) the references to a region include references to any area within
a region which includes the area or part of the area of more than one local
(4) With effect from the appointed day the RSS for a region is so much of the
regional planning guidance relating to the region as the Secretary of State
(5) The appointed day is the day appointed for the commencement of this section.
2 Regional planning bodies
(1) The Secretary of State may give a direction recognising a body to which
subsection (2) applies as the regional planning body for a region (in this Part
referred to as the “RPB”).
(2) This subsection applies to a body (whether or not incorporated) which satisfies
such criteria as are prescribed.
(3) The Secretary of State may give a direction withdrawing recognition of a body.
(4) Subsection (5) applies if the Secretary of State—
(a) does not give a direction under subsection (1) recognising a body, or
(b) gives a direction under subsection (3) withdrawing recognition of a
body and does not give a direction under subsection (1) recognising
any other body.
(5) In such a case the Secretary of State may exercise such of the functions of the
RPB as he thinks appropriate.
(6) A change in the membership of a body which is not incorporated does not (by
itself) affect the validity of the recognition of the body.
3 RPB: general functions
(1) The RPB must keep under review the RSS.
(2) The RPB must keep under review the matters which may be expected to
(a) development in its region or any part of the region;
(b) the planning of that development.
(3) The RPB must—
(a) monitor the implementation of the RSS throughout the region;
(b) consider whether the implementation is achieving the purposes of the
(4) The RPB must for each year prepare a report on the implementation of the RSS
in the region.
(5) The report—
(a) must be in such form and contain such information as is prescribed;
(b) must be submitted to the Secretary of State on such date as is
(6) The RPB must give advice to any other body or person if it thinks that to do so
will help to achieve implementation of the RSS.
4 Assistance from certain local authorities
(1) Each RPB must consider whether in relation to its region (or any part of it) it
would be desirable for an authority which falls within subsection (2) to assist
it in carrying out any function it has.
(2) Each of the following authorities fall within this subsection if their area or any
part of their area is in the RPB’s region—
(a) a county council;
(b) a metropolitan district council;
(c) a district council for an area for which there is no county council;
(d) a National Park authority.
(3) If the RPB considers that it is desirable for such an authority to assist it in
carrying out a function it has it must attempt to make arrangements to permit
the discharge of that function by the authority in relation to their area.
(4) The RPB may reimburse an authority which exercises functions by virtue of
such arrangements for any expenditure incurred by the authority in doing so.
(5) Subsection (1) does not apply to a function of the RPB under section 5(6).
(6) Any arrangements made for the purposes of subsection (3) must be taken to be
arrangements between local authorities for the purposes of section 101 of the
Local Government Act 1972 (c. 70).
(7) Nothing in this section affects any power which a body which is recognised as
an RPB has apart from this section.
5 RSS: revision
(1) The RPB must prepare a draft revision of the RSS—
(a) when it appears to it necessary or expedient to do so;
(b) at such time as is prescribed;
(c) if it is directed to do so under section 9(1).
(2) But the RPB must give notice to the Secretary of State of its intention to prepare
a draft revision under subsection (1)(a).
(3) In preparing a draft revision the RPB must have regard to—
(a) national policies and advice contained in guidance issued by the
Secretary of State;
(b) the RSS for each adjoining region;
(c) the spatial development strategy if any part of its region adjoins
(d) the Wales Spatial Plan if any part of its region adjoins Wales;
(e) the resources likely to be available for implementation of the RSS;
(f) such other matters as are prescribed.
(4) In preparing a draft revision the RPB must also—
(a) carry out an appraisal of the sustainability of the proposals in the draft,
(b) prepare a report of the findings of the appraisal.
(5) The Secretary of State may by regulations make provision as to—
(a) the subject matter of a draft revision prepared in pursuance of
(b) any further documents which must be prepared by the RPB in
connection with the preparation of a draft revision;
(c) the form and content of any draft, report or other document prepared
under this section.
(6) When the RPB has prepared a draft revision, the report to be prepared under
subsection (4)(b) and any other document to be prepared in pursuance of
subsection (5)(b) it must—
(a) publish the draft revision, report and other document;
(b) submit them to the Secretary of State.
(7) But the RPB may withdraw a draft revision at any time before it submits the
draft to the Secretary of State under subsection (6)(b).
6 RSS: Secretary of State’s functions
(1) This section applies when the Secretary of State receives a draft revision of the
(2) Any person may make representations on the draft.
(3) The Secretary of State may arrange for an examination in public to be held into
(4) In deciding whether an examination in public is held the Secretary of State
must have regard to—
(a) the extent of the revisions proposed by the draft;
(b) the extent to which there was any consultation on the draft before it was
(c) the level of interest shown in the draft;
(d) such other matters as he thinks appropriate.
7 RSS: examination in public
(1) This section applies if the Secretary of State decides that an examination in
public is to be held of a draft revision of the RSS.
(2) The examination must be held before a person appointed by the Secretary of
(3) No person has a right to be heard at an examination in public.
(4) The Secretary of State may, after consultation with the Lord Chancellor, make
regulations with respect to the procedure to be followed at an examination in
(5) The person appointed under subsection (2) must make a report of the
examination to the Secretary of State.
(6) The Secretary of State may by regulations make provision as to the procedure
to be followed in connection with the recommendations of the person
appointed under subsection (2).
(7) An examination in public—
(a) is a statutory inquiry for the purposes of section 1(1)(c) of the Tribunals
and Inquiries Act 1992 (c. 53) (report on administrative procedures);
(b) is not a statutory inquiry for any other purpose of that Act.