Planning and Compulsory Purchase Act 2004

[F1 PART 3 E+W FINANCIAL ARRANGEMENTS

Textual Amendments

F1 Sch. 2A inserted (6.9.2015 for specified purposes, 5.10.2015 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 1 para. 1; S.I. 2015/1736, art. 2(b)

Qualifying expenditure E+W

16 (1) The qualifying expenditure of a strategic planning panel is to be met by the constituent local planning authorities in accordance with paragraphs 17 to 19. E+W

(2) “Qualifying expenditure” means expenditure of a description prescribed by regulations made by the Welsh Ministers.

Apportionment of qualifying expenditure E+W

17 (1) A strategic planning panel must make a determination specifying the proportion of its qualifying expenditure that is to be met by each constituent local planning authority. E+W

(2) Not later than 31 December before the start of its second financial year, the panel must send a draft of the determination to each constituent local planning authority and to the Welsh Ministers.

(3) The panel must have regard to any representations it receives about the draft.

(4) Not later than 15 February before the start of its second financial year, the panel must send a copy of its determination to each constituent local planning authority and to the Welsh Ministers.

(5) The panel—

(a) may revise the determination, and

(b) must send a copy of the determination as revised to each constituent local planning authority and to the Welsh Ministers.

(6) Before revising its determination, the panel must—

(a) send a draft of the revised determination to each constituent local planning authority and to the Welsh Ministers, and

(b) have regard to any representations it receives about the draft.

(7) If the constituent local planning authorities give the panel notice that they have agreed the apportionment between them of the panel's qualifying expenditure, the panel must make or revise its determination so as to give effect to the agreement.

(8) A determination under this paragraph may be revised only in relation to financial years which have not yet ended.

Annual work programme and estimate of qualifying expenditure E+W

18 (1) A strategic planning panel must, for each financial year other than its first financial year, prepare a work programme which contains— E+W

(a) a description of the activities which the panel intends to undertake during the year, and

(b) estimates of—

(i) the overall expenditure which the panel expects to incur during the year in the exercise of its functions, and

(ii) the qualifying expenditure which the panel expects to incur during the year.

(2) Not later than 31 December before the start of each financial year for which it is required to prepare a work programme, the panel must send a draft of its work programme for that year to each constituent local planning authority and to the Welsh Ministers.

(3) The panel must have regard to any representations that it receives about the draft.

(4) Not later than 15 February before the start of each financial year for which it is required to prepare a work programme, the panel must—

(a) publish its work programme for that year, and

(b) send a copy to each constituent local planning authority and to the Welsh Ministers.

(5) A strategic planning panel may, at any time during a financial year, revise its work programme for that year (including any estimate contained in it).

(6) Before revising a work programme, the panel must—

(a) send a draft of the revised work programme to each constituent local planning authority and to the Welsh Ministers, and

(b) have regard to any representations that it receives about the draft.

(7) If the panel revises a work programme, it must—

(a) publish the work programme as revised, and

(b) send a copy to each constituent local planning authority and to the Welsh Ministers.

Payments by constituent local planning authorities E+W

19 (1) Not later than 15 February before the start of each financial year other than its first financial year, a strategic planning panel must give each constituent local planning authority notice of the amount which the authority is required to pay to the panel for that financial year. E+W

(2) The amount is to be calculated as follows—

(a) take the estimate of the panel's qualifying expenditure set out in its work programme for the year published under paragraph 18;

(b) calculate the amount representing the authority's proportion of that expenditure in accordance with the panel's determination under paragraph 17;

(c) make any adjustments prescribed by regulations made by the Welsh Ministers.

(3) The authority must pay the amount to the panel.

(4) Sub-paragraphs (5) to (7) apply if during a financial year—

(a) a strategic planning panel revises its determination under paragraph 17 or the estimate of its qualifying expenditure contained in the work programme published for that financial year under paragraph 18, and

(b) making the calculation in sub-paragraph (2) for that financial year in accordance with the revised determination or estimate would give a different amount, for any constituent local planning authority, from that specified in the most recent notice given to the authority under this paragraph.

(5) The panel must give the authority notice of the revised amount which the authority is required to pay to the panel for the financial year.

(6) If the authority has not already made a payment to the panel in accordance with this paragraph, it must instead pay the panel the revised amount.

(7) If the authority has already made a payment to the panel in accordance with this paragraph—

(a) where the revised amount is greater than the amount that has been paid, the authority must pay the difference to the panel;

(b) where the revised amount is less than the amount that has been paid, the panel must pay the difference to the authority.

Payments by Welsh Ministers E+W

20 (1) The Welsh Ministers may make grants, loans or other payments to a strategic planning panel. E+W

(2) Payments may be made subject to conditions (including conditions as to repayment).

(3) A strategic planning panel may not borrow money otherwise than from the Welsh Ministers.

Accounts and audit E+W

21 (1) A strategic planning panel must for each financial year— E+W

(a) keep proper accounts and proper records in relation to them, and

(b) prepare a statement of accounts.

(2) Each statement of accounts must comply with any directions given by the Welsh Ministers as to—

(a) the information to be contained in the statement,

(b) the manner in which the information is to be presented, and

(c) the methods and principles according to which the statement is to be prepared.

(3) Not later than 30 November after the end of each financial year, a strategic planning panel must submit its statement of accounts for that year to—

(a) the Auditor General for Wales,

(b) the constituent local planning authorities, and

(c) the Welsh Ministers.

(4) The Auditor General for Wales must examine, certify and report on each statement of accounts.

(5) Not later than 4 months after a statement of accounts is submitted, the Auditor General must send copies of the certified statement and the report on it to—

(a) the constituent local planning authorities, and

(b) the Welsh Ministers.

Annual report E+W

22 (1) A strategic planning panel must, for each financial year, prepare a report on the exercise of its functions during that year. E+W

(2) Not later than 30 November after the end of each financial year, the panel must—

(a) publish the report for that year, and

(b) send copies of the report to—

(i) the constituent local planning authorities, and

(ii) the Welsh Ministers.

Financial year E+W

23 (1) The first financial year of a strategic planning panel is the period beginning with the day on which the panel is established and ending with the following 31 March. E+W

(2) But the regulations establishing the panel may provide that the first financial year is instead to end with the second 31 March following the day on which the panel is established.

(3) After the first financial year, each financial year of the panel is the period of 12 months ending with 31 March.]