|
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76 | Reserve powers of Secretary of State |
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(1) | The Secretary of State may revise a regional strategy if the responsible regional |
| |
authorities fail to comply with— |
| |
(a) | the requirement under section 71(4)(a), or |
| |
(b) | a direction under section 71(4)(b). |
| 5 |
(2) | Before revising a regional strategy under subsection (1) the Secretary of State— |
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(a) | may arrange for an examination in public to be held and appoint a |
| |
| |
(b) | must consult such persons (if any) as the Secretary of State considers |
| |
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(3) | Subsections (6) to (9) of section 73 apply in relation to an examination in public |
| |
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(4) | In deciding whether to revise a regional strategy under subsection (1) the |
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Secretary of State must have regard to— |
| |
(a) | any report pursuant to an examination in public under subsection |
| 15 |
| |
(b) | any representations made to the Secretary of State in respect of the draft |
| |
which were not considered at such an examination in public. |
| |
(5) | The Secretary of State must publish a strategy as revised under subsection (1). |
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(6) | If the Secretary of State thinks it necessary or expedient to do so the Secretary |
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of State may at any time revoke all or any part of a regional strategy. |
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77 | Revision: supplementary |
| |
(1) | The Secretary of State may make regulations (subject to the requirements of |
| |
| |
(a) | the procedure to be followed by the responsible regional authorities in |
| 25 |
relation to revision of their regional strategy; |
| |
(b) | the procedure to be followed at an examination in public under this |
| |
| |
(c) | the remuneration and allowances payable to a person appointed to |
| |
carry out an examination in public under this Part; |
| 30 |
(d) | the procedure to be followed by the Secretary of State in exercising |
| |
functions under section 75 or 76. |
| |
(2) | The Secretary of State may direct that where— |
| |
(a) | before the day on which this section comes into force any step is taken |
| |
in connection with the preparation of a revision of the regional spatial |
| 35 |
strategy or regional economic strategy for a region, and |
| |
(b) | the Secretary of State thinks that the step corresponds to a step which |
| |
must or may be taken under this Part in connection with the revision of |
| |
the regional strategy for the region, |
| |
| the step is to be regarded as having been taken under this Part in connection |
| 40 |
with the revision of the regional strategy. |
| |
| |
| |
|
| |
| |
Implementation of strategy |
| |
| |
(1) | The responsible regional authorities must produce and publish, and from time |
| |
to time revise, a plan for implementing the regional strategy for their region. |
| |
(2) | The responsible regional authorities must for each period of twelve months |
| 5 |
prepare a report on the implementation of the regional strategy for their |
| |
| |
(3) | A report under subsection (2)— |
| |
(a) | must be in respect of such period of twelve months as may be specified |
| |
by the Secretary of State in regulations, |
| 10 |
(b) | must be in such form and contain such information as may be so |
| |
| |
(c) | must be submitted to the Secretary of State on such date as may be so |
| |
| |
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79 | Regional strategy as part of the development plan |
| |
(1) | In section 38 of the Planning and Compulsory Purchase Act 2004 (c. 5) |
| |
(development plan), in subsection (3)(a), for “regional spatial strategy” |
| |
substitute “regional strategy”. |
| |
(2) | For the purposes of that section, during the interim period a regional strategy |
| 20 |
is to be regarded as consisting solely of the matters referred to section 67(6)(a). |
| |
(3) | In subsection (2) “interim period” means the period after the coming into force |
| |
of this section and before whichever is the earlier of— |
| |
(a) | publication of a revision to the strategy under section 75(5), or |
| |
(b) | publication of a revised strategy under section 76. |
| 25 |
80 | Duties of regional development agencies |
| |
In the Regional Development Agencies Act 1998 (c. 45), for section 7 (strategy) |
| |
| |
| |
(1) | A regional development agency shall in exercising its functions have |
| 30 |
regard to the regional strategy for its region. |
| |
(2) | In subsection (1) “regional strategy” means the regional strategy under |
| |
Part 5 of the Local Democracy, Economic Development and |
| |
| |
(3) | Subsection (1) does not apply in relation to the London Development |
| 35 |
| |
| |
| |
|
| |
| |
| |
81 | Guidance and directions |
| |
(1) | The Secretary of State may give to any person exercising functions under this |
| |
| |
| 5 |
| |
| in relation to the exercise of those functions. |
| |
(2) | Guidance under subsection (1)(a) may in particular include guidance as to— |
| |
(a) | the exercise of functions under this Part in relation to the requirement |
| |
in section 67(2) that a regional strategy must contain policies in relation |
| 10 |
to sustainable economic growth; |
| |
(b) | the matters to be included in a scheme under section 68. |
| |
(3) | Directions under this section may be of a general or particular nature. |
| |
(4) | The powers conferred by this section are without prejudice to any powers of |
| |
the Secretary of State to give guidance or directions under this Part or under |
| 15 |
| |
82 | Consequential provision |
| |
(1) | Schedule 5 (which contains amendments consequential on this Part) is part of |
| |
| |
(2) | The Secretary of State may by order make such other provision as the Secretary |
| 20 |
of State considers appropriate in consequence of any provision made by or |
| |
| |
(3) | The power conferred in subsection (2) includes power to amend, repeal or |
| |
revoke provision contained in an enactment passed or made before the day on |
| |
which this Act is passed. |
| 25 |
(4) | A order under subsection (2) is to be made by statutory instrument. |
| |
(5) | A statutory instrument containing an order under subsection (2) which |
| |
| |
(a) | amending or repealing provision contained in an Act, or |
| |
(b) | amending or revoking provision contained in an instrument of which a |
| 30 |
draft was required to be laid before and approved by a resolution of |
| |
each House of Parliament, |
| |
| may not be made unless a draft of the instrument has been laid before, and |
| |
approved by a resolution of each House of Parliament. |
| |
(6) | A statutory instrument containing any other order under subsection (2) is |
| 35 |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
| |
| |
(1) | Regulations under this Part are to be made by statutory instrument. |
| 40 |
| |
| |
|
| |
| |
(2) | A statutory instrument containing regulations under this Part is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
| |
| |
“London” means the London region specified in Schedule 1 to the |
| 5 |
Regional Development Agencies Act 1998 (c. 45); |
| |
“region” means a region specified in Schedule 1 to the Regional |
| |
Development Agencies Act 1998; |
| |
“regional development agency” means a development agency established |
| |
under section 1 of the Regional Development Agencies Act 1998; |
| 10 |
“responsible regional authorities” has the meaning given by section 69; |
| |
“regional economic strategy” means a strategy under section 7 of the |
| |
Regional Development Agencies Act 1998 (as in force immediately |
| |
before the coming into force of section 67); |
| |
“regional spatial strategy” means a strategy under section 1 of the |
| 15 |
Planning and Compulsory Purchase Act 2004 (c. 5) (as in force |
| |
immediately before the coming into force of section 67). |
| |
| |
Economic prosperity boards and combined authorities |
| |
| 20 |
| |
(1) | The Secretary of State may by order establish as a body corporate an economic |
| |
prosperity board (an “EPB”) for an area that meets the following conditions. |
| |
(2) | Condition A is that the area consists of the whole of two or more local |
| |
government areas in England. |
| 25 |
(3) | Condition B is that no part of the area is separated from the rest of it by one or |
| |
more local government areas that are not within the area. |
| |
(4) | Condition C is that there is no local government area that is surrounded by |
| |
local government areas that are within the area but that is not itself within the |
| |
| 30 |
(5) | Condition D is that no part of the area forms part of— |
| |
(a) | the area of another EPB, or |
| |
(b) | the area of a combined authority. |
| |
(6) | Condition E is that each local government area that forms part of the area was |
| |
included in a scheme prepared and published under section 95. |
| 35 |
(7) | In this Part “local government area” means the area of— |
| |
| |
| |
(8) | An order under this section must specify the name by which the EPB is to be |
| |
| 40 |
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