38Model provisionsE+W+S
(1)The Secretary of State may by order prescribe model provisions for incorporation in a draft order which may be required (in accordance with regulations made under section 37(3)(d)) to accompany an application for an order granting development consent.
(2)The Commission must have regard to any model provisions prescribed by an order under subsection (1) when exercising its power to make an order granting development consent.
(3)The fact that a model provision has been prescribed by an order under subsection (1) does not make it mandatory for a provision in the terms of the model to be included in—
(a)a draft order, or
(b)an order granting development consent.
Commencement Information
I1S. 38 partly in force; s. 38 in force for certain purposes at Royal Assent see s. 241
I2S. 38 in force at 1.10.2009 in so far as not already in force by S.I. 2009/2260, art. 2(b)