Yn ddilys o 01/03/2010
(1)This section applies if a Panel, or the Council, proposes to make an order granting development consent which includes provision made in exercise of any of the powers conferred by section 120(5)(a) and (b) (“the legislation powers”).
(2)Before making the order, the Panel or Council must send a draft of it to the Secretary of State.
(3)If the Secretary of State thinks that any provision which the Panel or Council proposes to include in the order in exercise of the legislation powers would contravene Community law or any of the Convention rights, the Secretary of State may give a direction requiring the Panel or Council to make specified changes to the draft order.
(4)The changes that may be specified in a direction under subsection (3) are limited to those that the Secretary of State thinks are required in order to prevent the contravention from arising.
(5)The power of the Secretary of State to give a direction under subsection (3) is not exercisable after the end of the period of 28 days beginning with the day on which the Secretary of State receives the draft order.
(6)In this section—
“Community law” means—
all the rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Community Treaties, and
all the remedies and procedures from time to time provided for by or under the Community Treaties;
“the Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42).