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Make provision relating to spatial development and town and country |
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planning; and the compulsory acquisition of land. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Regional Spatial Strategy |
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(1) | For each region there is to be a regional spatial strategy (in this Part referred to |
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(2) | The RSS must set out the Secretary of State’s policies (however expressed) in |
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relation to the development and use of land within the region. |
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(3) | In subsection (2) the references to a region include references to any area within |
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a region which includes the area or part of the area of more than one local |
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(4) | If to any extent a policy set out in the RSS conflicts with any other statement or |
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information in the RSS the conflict must be resolved in favour of the policy. |
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(5) | With effect from the appointed day the RSS for a region is so much of the |
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regional planning guidance relating to the region as the Secretary of State |
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(6) | The appointed day is the day appointed for the commencement of this section. |
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2 | Regional planning bodies |
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(1) | The Secretary of State may give a direction recognising a body to which |
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subsection (2) applies as the regional planning body for a region (in this Part |
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referred to as the “RPB”). |
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(2) | This subsection applies to a body (whether or not incorporated) which satisfies |
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such criteria as are prescribed. |
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(3) | The Secretary of State may give a direction withdrawing recognition of a body. |
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(4) | Subsection (5) applies if the Secretary of State— |
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(a) | does not give a direction under subsection (1) recognising a body, or |
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(b) | gives a direction under subsection (3) withdrawing recognition of a |
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body and does not give a direction under subsection (1) recognising |
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(5) | In such a case the Secretary of State may exercise such of the functions of the |
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RPB as he thinks appropriate. |
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(6) | A change in the membership of a body which is not incorporated does not (by |
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itself) affect the validity of the recognition of the body. |
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(1) | The RPB must keep under review the RSS. |
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(2) | The RPB must keep under review the matters which may be expected to |
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(a) | development in its region or any part of the region; |
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(b) | the planning of that development. |
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(a) | monitor the implementation of the RSS throughout the region; |
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(b) | consider whether the implementation is achieving the purposes of the |
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(4) | The RPB must for each year prepare a report on the implementation of the RSS |
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(a) | must be in respect of such period of 12 months as is prescribed; |
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(b) | must be in such form and contain such information as is prescribed; |
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(c) | must be submitted to the Secretary of State on such date as is |
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(6) | The RPB must give advice to any other body or person if it thinks that to do so |
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will help to achieve implementation of the RSS. |
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4 | Assistance from certain local authorities |
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(1) | Each RPB must consider whether in relation to its region (or any part of it) it |
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would be desirable for an authority which falls within subsection (2) to assist |
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it in carrying out any function it has. |
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(2) | Each of the following authorities fall within this subsection if their area or any |
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part of their area is in the RPB’s region— |
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(b) | a metropolitan district council; |
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(c) | a district council for an area for which there is no county council; |
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(d) | a National Park authority. |
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(3) | If the RPB considers that it is desirable for such an authority to assist it in |
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carrying out a function it has it must attempt to make arrangements to permit |
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the discharge of that function by the authority in relation to their area. |
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(4) | The RPB may reimburse an authority which exercises functions by virtue of |
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such arrangements for any expenditure incurred by the authority in doing so. |
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(5) | Subsection (1) does not apply to a function of the RPB under section 5(6). |
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(6) | Any arrangements made for the purposes of subsection (3) must be taken to be |
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arrangements between local authorities for the purposes of section 101 of the |
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Local Government Act 1972 (c. 70). |
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(7) | Nothing in this section affects any power which a body which is recognised as |
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an RPB has apart from this section. |
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(1) | The RPB must prepare a draft revision of the RSS— |
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(a) | when it appears to it necessary or expedient to do so; |
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(b) | at such time as is prescribed; |
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(c) | if it is directed to do so under section 9(1). |
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(2) | But the RPB must give notice to the Secretary of State of its intention to prepare |
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a draft revision under subsection (1)(a). |
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(3) | In preparing a draft revision the RPB must have regard to— |
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(a) | national policies and advice contained in guidance issued by the |
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(b) | the RSS for each adjoining region; |
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(c) | the spatial development strategy if any part of its region adjoins |
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(d) | the Wales Spatial Plan if any part of its region adjoins Wales; |
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(e) | the resources likely to be available for implementation of the RSS; |
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(f) | such other matters as are prescribed. |
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(4) | In preparing a draft revision the RPB must also— |
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(a) | carry out an appraisal of the sustainability of the proposals in the draft, |
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(b) | prepare a report of the findings of the appraisal. |
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(5) | The Secretary of State may by regulations make provision as to— |
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(a) | the subject matter of a draft revision prepared in pursuance of |
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(b) | any further documents which must be prepared by the RPB in |
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connection with the preparation of a draft revision; |
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(c) | the form and content of any draft, report or other document prepared |
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(6) | When the RPB has prepared a draft revision, the report to be prepared under |
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subsection (4)(b) and any other document to be prepared in pursuance of |
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subsection (5)(b) it must— |
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(a) | publish the draft revision, report and other document; |
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(b) | submit them to the Secretary of State. |
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(7) | But the RPB may withdraw a draft revision at any time before it submits the |
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draft to the Secretary of State under subsection (6)(b). |
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6 | RSS: Secretary of State’s functions |
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(1) | This section applies when the Secretary of State receives a draft revision of the |
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(2) | Any person may make representations on the draft. |
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(3) | The Secretary of State may arrange for an examination in public to be held into |
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(4) | In deciding whether an examination in public is held the Secretary of State |
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(a) | the extent of the revisions proposed by the draft; |
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(b) | the extent and nature of the consultation on the draft before it was |
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(c) | the level of interest shown in the draft; |
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(d) | such other matters as he thinks appropriate. |
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7 | RSS: examination in public |
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(1) | This section applies if the Secretary of State decides that an examination in |
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public is to be held of a draft revision of the RSS. |
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(2) | The examination must be held before a person appointed by the Secretary of |
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(3) | No person has a right to be heard at an examination in public. |
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(4) | The Secretary of State may, after consultation with the Lord Chancellor, make |
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regulations with respect to the procedure to be followed at an examination in |
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(5) | The person appointed under subsection (2) must make a report of the |
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examination to the Secretary of State. |
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(6) | The Secretary of State may by regulations make provision as to the procedure |
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to be followed in connection with the recommendations of the person |
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appointed under subsection (2). |
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(7) | An examination in public— |
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(a) | is a statutory inquiry for the purposes of section 1(1)(c) of the Tribunals |
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and Inquiries Act 1992 (c. 53) (report on administrative procedures); |
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(b) | is not a statutory inquiry for any other purpose of that Act. |
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