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Constitution and functions of EPBs |
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(1) | The Secretary of State may by order make provision in relation to an EPB |
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(a) | the membership of the EPB; |
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(b) | the voting powers of members of the EPB; |
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(c) | the executive arrangements of the EPB. |
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(2) | The provision that may be made about membership includes provision |
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(a) | the number and appointment of members of the EPB; |
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(b) | the remuneration of, and pensions or allowances payable to or in |
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respect of, any member of the EPB. |
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(3) | The provision that may be made about voting powers includes provision for |
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different weight to be given to the vote of different descriptions of member. |
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(4) | The provision that may be made about executive arrangements includes |
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(a) | the appointment of an executive; |
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(b) | the functions of the EPB that are the responsibility of an executive; |
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(c) | the functions of the EPB that are the responsibility of an executive and |
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that may be discharged by a committee of the EPB or by a body other |
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(d) | arrangements relating to the review and scrutiny of the discharge of |
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(e) | access to information on the proceedings of an executive of the EPB; |
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(f) | the disapplication of section 15 of the Local Government and Housing |
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Act 1989 (c. 42) (duty to allocate seats to political groups) in relation to |
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an executive of the EPB or a committee of such an executive; |
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(g) | the keeping of a record of any arrangements relating to the EPB and |
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falling within paragraphs (a) to (f). |
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(5) | An order under this section may not provide for the budget of an EPB to be |
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agreed otherwise than by the EPB. |
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87 | Constitution: membership and voting |
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(1) | An order under section 86 that includes provision about the number and |
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appointment of members of an EPB must provide— |
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(a) | for a majority of the members of the EPB to be appointed by the EPB’s |
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(b) | for those members to be appointed from among the elected members of |
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the constituent councils, and |
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(c) | for each constituent council that is a representative council to appoint |
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at least one of its elected members as a member of the EPB. |
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(2) | For the purposes of this section— |
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(a) | a county council is a constituent council of an EPB if the area of the |
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county council, or part of that area, is within the EPB’s area; |
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(b) | a district council is a constituent council of an EPB if the area of the |
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district council is within the EPB’s area. |
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(3) | For the purposes of this section, the following are representative councils in |
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(a) | if the EPB’s area coincides with or includes the whole of the area of a |
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county council, the county council; |
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(b) | if the EPB’s area includes part of the area of a county council— |
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(i) | the county council, or |
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(ii) | each district council for an area within that part, |
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| as determined by or in accordance with the order; |
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(c) | if the EPB’s area includes the area of a unitary district council, the |
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(4) | In this Part “unitary district council” means a district council whose area is not |
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part of the area of a county council. |
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(5) | If an order under section 86 provides for members of an EPB to be appointed |
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otherwise than from among the elected members of its constituent councils, the |
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order must provide for those members to be non-voting members. |
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(6) | The voting members of an EPB may resolve that provision made in accordance |
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with subsection (5) is not to apply in the case of the EPB. |
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88 | Exercise of local authority functions |
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(1) | The Secretary of State may by order provide for a function of a local authority |
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that is exercisable in relation to an area within an EPB’s area to be exercisable |
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by the EPB in relation to the EPB’s area. |
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(2) | The Secretary of State may make an order under this section only if the |
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Secretary of State considers that the function can appropriately be exercised by |
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(3) | An order under this section may make provision for the function to be |
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exercisable by the EPB either generally or subject to such conditions or |
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limitations as may be specified in the order. |
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(4) | An order under this section may make provision— |
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(a) | for the function to be exercisable by the EPB instead of by the local |
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(b) | for the function to be exercisable by the EPB concurrently with the local |
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(5) | An EPB must perform the functions that are exercisable by the EPB by virtue |
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of this section with a view to promoting the economic development and |
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regeneration of its area. |
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(6) | In this section “local authority” means— |
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(1) | The Secretary of State may by order make provision— |
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(a) | for the costs of an EPB to be met by its constituent councils, and |
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(b) | about the basis on which the amount payable by each constituent |
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council is to be determined. |
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(2) | For the purposes of this section— |
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(a) | a county council is a constituent council of an EPB if the area of the |
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county council, or part of that area, is within the EPB’s area; |
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(b) | a district council is a constituent council of an EPB if the area of the |
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district council is within the EPB’s area. |
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(1) | Each EPB must keep a fund to be known as the general fund. |
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(2) | All receipts of the EPB must be carried to that fund. |
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(3) | All liabilities falling to be discharged by the EPB must be discharged out of that |
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(4) | Accounts must be kept of— |
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(a) | receipts carried to the general fund, and |
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(b) | payments made out of the general fund. |
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(1) | An EPB may change its name by a resolution in accordance with this section. |
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(2) | The resolution must be considered at a meeting of the EPB that is specially |
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convened for the purpose. |
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(3) | Particulars of the resolution must have been included in the notice of the |
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(4) | The resolution must be passed at the meeting by not less than two-thirds of the |
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members of the EPB who vote on it. |
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(5) | An EPB that changes its name under this section must— |
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(a) | send notice of the change to the Secretary of State, and |
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(b) | publish the notice in such manner as the Secretary of State may direct. |
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(6) | A change of name under this section does not affect the rights or obligations of |
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the EPB or any other person, or render defective any legal proceedings. |
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(7) | Any legal proceedings may be commenced or continued as if there had been |
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Changes to and dissolution of an EPB’s area |
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92 | Changes to boundaries of an EPB’s area |
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(1) | The Secretary of State may by order change the boundaries of an EPB’s area |
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(a) | adding a local government area to an existing area of an EPB, or |
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(b) | removing a local government area from an existing area of an EPB. |
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(2) | An order may be made under this section only if— |
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(a) | the area to be created by the order meets conditions A to D in section |
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(b) | each council to whom this section applies consents to the making of the |
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(3) | This section applies to— |
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(a) | a county council whose area, or part of whose area, is to be added to or |
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removed from the existing area of the EPB; |
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(b) | a district council whose area is to be added to or removed from the |
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existing area of the EPB. |
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93 | Dissolution of an EPB’s area |
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(1) | The Secretary of State may by order— |
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(a) | dissolve an EPB’s area, and |
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(b) | abolish the EPB for the area. |
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(2) | An order may be made under this section only if a majority of the councils to |
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whom this section applies consent to the making of the order. |
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(3) | This section applies to— |
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(a) | a county council whose area, or part of whose area, is within the EPB’s |
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(b) | a unitary district council whose area is within the EPB’s area. |
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Requirements in connection with orders about EPBs |
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94 | Review by authorities: new EPB |
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(1) | Any two or more of the authorities to whom this section applies may |
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undertake a review of the effectiveness and efficiency of arrangements to |
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promote economic development and regeneration within the area covered by |
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the review (“the review area”). |
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(2) | This section applies to— |
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(a) | a county council in England; |
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(b) | a district council in England. |
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(3) | Where the review is being undertaken by a county council, the review area |
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(a) | the areas of one or more district councils that are within the area of the |
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(b) | if there are no such areas, the area of the county council. |
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(4) | Where the review is being undertaken by a district council, the review area |
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must include the area of the district council. |
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(5) | The review area may also include the area of any county council or district |
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council in England not undertaking the review. |
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95 | Preparation and publication of scheme: new EPB |
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(1) | This section applies where two or more of the authorities that have undertaken |
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a review under section 94 conclude that the establishment of an EPB for an area |
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would be likely to improve— |
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(a) | the exercise of statutory functions relating to economic development |
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and regeneration in the area, and |
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(b) | economic conditions in the area. |
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(2) | The authorities may prepare and publish a scheme for the establishment of an |
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EPB for the area (“the scheme area”). |
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(3) | Subject as follows, the scheme area— |
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(a) | must consist of or include the whole or any part of the review area, |
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(b) | may include one or more other local government areas, and |
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(c) | must meet conditions A to C in section 85. |
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(4) | The scheme area may not include a local government area unless each |
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appropriate authority for that area— |
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(a) | participates in the preparation of the scheme, or |
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(b) | consents to its inclusion in the scheme area. |
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(a) | a county council is an appropriate authority for a local government area |
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that is or forms part of the area of that county council; |
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(b) | a district council is an appropriate authority for a local government |
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area that is the area of that district council. |
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96 | Requirements in connection with establishment of EPB |
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(1) | The Secretary of State may make an order establishing an EPB for an area only |
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if, having regard to a scheme prepared and published under section 95, the |
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Secretary of State considers that to do so is likely to improve— |
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(a) | the exercise of statutory functions relating to economic development |
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and regeneration in the area, and |
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(b) | economic conditions in the area. |
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(2) | Before making the order, the Secretary of State must consult— |
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(a) | each appropriate authority, and |
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(b) | such other persons (if any) as the Secretary of State considers |
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(3) | For the purposes of this section— |
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(a) | a county council is an appropriate authority if the area of the county |
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council, or part of that area, is within the area for which the EPB is to be |
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(b) | a district council is an appropriate authority if the area of the district |
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council is within the area for which the EPB is to be established. |
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(4) | In making the order, the Secretary of State must have regard to the need— |
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(a) | to reflect the identities and interests of local communities, and |
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(b) | to secure effective and convenient local government. |
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97 | Review by authorities: existing EPB |
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(1) | Any one or more of the authorities to whom this section applies may |
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undertake, in relation to an existing EPB, a review of one or more EPB matters. |
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(2) | This section applies to— |
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(b) | a county council whose area, or part of whose area, is within an area of |
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an EPB or could be within a proposed area of an EPB; |
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(c) | a district council whose area is within an area of an EPB or could be |
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within a proposed area of an EPB. |
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(3) | For the purposes of this section an “EPB matter” is— |
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(a) | a matter in relation to which an order may be made under any of |
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(b) | a matter concerning the EPB that the EPB has power to determine. |
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(4) | The review must relate to one or more areas of an EPB or proposed areas of an |
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(5) | In this section and section 98 a “proposed area of an EPB” means an area of an |
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EPB that may be created by an order under section 92 (changes to boundaries |
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98 | Preparation and publication of scheme: existing EPB |
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(1) | This section applies where one or more of the authorities that have undertaken |
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a review under section 97 conclude that the exercise of the power to make an |
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order under any one or more of sections 86, 88, 89, 92 and 93 would be likely to |
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(a) | the exercise of statutory functions relating to economic development |
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and regeneration in an area of an EPB or a proposed area of an EPB, or |
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(b) | economic conditions in such an area. |
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(2) | The authorities may prepare and publish a scheme relating to the power or |
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(3) | The reference in subsection (1) to an area of an EPB includes an area that would |
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cease to be an area of an EPB if an order were made in relation to that area |
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under section 93 (dissolution of an EPB’s area). |
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99 | Requirements in connection with changes to existing EPB arrangements |
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(1) | The Secretary of State may make an order under any of sections 86, 88, 89, 92 |
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and 93 in relation to an existing EPB only if, having regard to a scheme |
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prepared and published under section 98, the Secretary of State considers that |
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the making of the order is likely to improve— |
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(a) | the exercise of statutory functions relating to economic development |
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and regeneration in the area or areas to which the order relates, or |
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(b) | economic conditions in that area or those areas. |
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(2) | Before making the order, the Secretary of State must consult— |
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(a) | such of the authorities mentioned in section 97(2), and |
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(b) | such other persons (if any), |
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| as the Secretary of State considers appropriate. |
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(3) | In making the order, the Secretary of State must have regard to the need— |
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(a) | to reflect the identities and interests of local communities, and |
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(b) | to secure effective and convenient local government. |
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