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Textual Amendments
F1Sch. A2 inserted (27.4.2017 for specified purposes; 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), s. 46(3), Sch. 1; S.I. 2018/38, reg. 3(b)
9(1)This paragraph applies if—E+W
(a)a local planning authority have considered the matters mentioned in paragraph 8(2) and (3), and
(b)they are satisfied that the matters mentioned there have been met or complied with.
(2)The local planning authority must submit for independent examination—
(a)the draft plan, and
(b)such other documents as may be prescribed.
(3)The authority must make such arrangements as they consider appropriate in connection with the holding of the examination.
(4)The authority may appoint a person to carry out the examination, but only if the qualifying body consents to the appointment.
(5)If—
(a)it appears to the Secretary of State that no person may be appointed under sub-paragraph (4), and
(b)the Secretary of State considers that it is expedient for an appointment to be made under this sub-paragraph,
the Secretary of State may appoint a person to carry out the examination.
(6)The person appointed must be someone who, in the opinion of the person making the appointment—
(a)is independent of the qualifying body and the authority,
(b)does not have an interest in any land that may be affected by the draft plan, and
(c)has appropriate qualifications and experience.
(7)The Secretary of State or another local planning authority may enter into arrangements with the authority for the provision of the services of any of their employees as examiners.
(8)Those arrangements may include—
(a)provision requiring payments to be made by the authority to the Secretary of State or other local planning authority, and
(b)other provision in relation to those payments and other financial matters.]