Local Democracy, Economic Development and Construction Act 2009

Part 5 U.K. Regional strategy

Yn ddilys o 01/04/2010

Regional strategy E+W

70 Regional strategy E+W

(1) There is to be a regional strategy for each region other than London.

(2) The regional strategy for a region is to set out—

(a) policies in relation to sustainable economic growth in the region, and

(b) policies in relation to the development and use of land in the region.

(3) In subsection (2)(a) and (b) references to the region include any part of the region.

(4) The policies referred to in subsection (2)(a) and (b) are to include policies designed to contribute to the mitigation of, and adaptation to, climate change.

(5) If to any extent a policy set out in the regional strategy conflicts with any other statement or information in the strategy, the conflict is to be resolved in favour of the policy.

(6) On the day on which this section comes into force the regional strategy for a region is to consist of—

(a) the regional spatial strategy for the region subsisting immediately before that day, and

(b) the regional economic strategy for the region subsisting immediately before that day.

(7) In a case where the area of a National Park falls within two or more regions, the Secretary of State may by regulations provide that the National Park is for the purposes of this Part to be treated as falling wholly within a region specified in the regulations.

(8) In this section “development” and “land” have the same meanings as in the Town and Country Planning Act 1990 (c. 8) (see section 336 of that Act).

Authorities relevant to this Part E+W

71 Leaders' Boards E+W

(1) The participating authorities in each region other than London must for the purposes of this Part make a scheme for the establishment and operation of a body (whether or not incorporated) for the region.

(2) A body under subsection (1) is to be known as a “Leaders' Board”.

(3) For the purposes of this section, “participating authority,” in relation to a region, means any of the following authorities whose area falls wholly or partly within the region—

(a) a district council;

(b) a county council;

(c) a National Park authority;

(d) the Broads Authority.

(4) Before making a scheme under subsection (1) the participating authorities in a region must consult such persons (if any) as they consider appropriate.

(5) After making a scheme under subsection (1) the participating authorities in a region must submit it to the Secretary of State for approval.

(6) If the Secretary of State approves a scheme under subsection (1), the participating authorities are to establish the body in accordance with the scheme.

(7) The Secretary of State may give such sums as the Secretary of State considers appropriate—

(a) to a Leaders' Board, or

(b) to a participating authority in a region in respect of the Leaders' Board for the region.

(8) If the Secretary of State considers that a Leaders' Board established for a region is not operating effectively, the Secretary of State may by direction withdraw approval for the scheme under which it is established (and subsection (6) accordingly ceases to apply in relation to that scheme).

(9) The Secretary of State must by regulations make provision for Part 5A of the Local Government Act 1972 (c. 70) (public admission to meetings of principal councils, public access to documents, etc) to apply in relation to Leaders' Boards as it applies in relation to principal councils (within the meaning of that Part).

(10) The application referred to in subsection (9) may be with such modifications as the Secretary of State considers necessary or expedient.

Commencement Information

I1 S. 71 in force at 25.11.2009 by S.I. 2009/3087, art. 2(b)

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72 Responsible regional authorities E+W

(1) References in this Part to “responsible regional authorities”, in relation to a region, are to the following (acting jointly)—

(a) the regional development agency for the region, and

(b) the Leaders' Board for the region.

(2) But if during any period after the coming into force of this section there is no Leaders' Board for a region, the references in this Part to “responsible regional authorities” are in relation to that period and region to be read as references to the regional development agency for the region.

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Sustainable development E+W

73 Sustainable development E+W

(1) The responsible regional authorities and the Secretary of State must exercise their functions under this Part in relation to the regional strategy for a region with the objective of contributing to the achievement of sustainable development.

(2) For the purposes of subsection (1) the responsible regional authorities in relation to a region and the Secretary of State must (in particular) have regard to the desirability of achieving good design.

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Revisions of regional strategy E+W

74 Review and revision by responsible regional authorities E+W

(1) The responsible regional authorities must keep the regional strategy for their region under review.

(2) The responsible regional authorities may prepare a draft revision of the regional strategy for their region when it appears to them necessary or expedient to do so.

(3) The responsible regional authorities must give notice to the Secretary of State of their intention to prepare a draft revision under this section.

(4) The responsible regional authorities must prepare a draft revision of the regional strategy for their region—

(a) at such time as may be specified in regulations made by the Secretary of State, or

(b) when directed to do so by the Secretary of State.

(5) A direction under subsection (4)(b) may in particular require a draft revision of a regional strategy—

(a) in relation to aspects of the strategy specified in the direction;

(b) in accordance with a timetable so specified.

75 Community involvement E+W

(1) For the purposes of the exercise of their functions in relation to the revision of the regional strategy for their region, the responsible regional authorities must prepare and publish a statement of their policies as to the involvement of persons who appear to them to have an interest in the exercise of those functions.

(2) The responsible regional authorities must keep those policies under review and from time to time—

(a) revise the statement, and

(b) publish the revised statement.

(3) The responsible regional authorities must comply with the statement or revised statement in the exercise of the functions referred to in subsection (1).

76 Examination in public E+W

(1) The responsible regional authorities may when preparing a draft revision of their regional strategy arrange for an examination in public to be held.

(2) In deciding whether or not to arrange for an examination in public to be held the responsible regional authorities must have regard to—

(a) the extent of the revisions proposed by the draft revision,

(b) the level of interest shown in the draft revision, and

(c) such other matters as the responsible regional authorities consider appropriate.

(3) The responsible regional authorities must inform the Secretary of State of their decision under subsection (2).

(4) If the responsible regional authorities decide to arrange for an examination in public to be held, the Secretary of State must appoint a person to hold it.

(5) If the responsible regional authorities decide not to arrange for an examination in public to be held, the Secretary of State may—

(a) arrange for such an examination to be held, and

(b) appoint a person to hold it.

(6) In deciding pursuant to subsection (5) whether or not to arrange for an examination in public to be held the Secretary of State must have regard to—

(a) the extent of the revisions proposed by the draft revision,

(b) the level of interest shown in the draft revision, and

(c) such other matters as the Secretary of State considers appropriate.

(7) No person has a right to be heard at an examination in public under this section.

(8) An examination in public under this section—

(a) is a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (Administrative Justice and Tribunals Council), but

(b) is not a statutory inquiry for the purposes of the Tribunals and Inquiries Act 1992 (c. 53).

(9) After an examination in public under this section the person appointed to hold it must—

(a) make a report of the examination to the responsible regional authorities, and

(b) send a copy to the Secretary of State.

77 Matters to be taken into account in revision E+W

(1) In preparing a draft revision of the regional strategy for their region, the responsible regional authorities must have regard to—

(a) national policies and advice contained in guidance which has been given by the Secretary of State;

(b) the regional strategy for each adjoining region (other than London);

(c) if any part of their region adjoins London—

(i) the spatial development strategy; and

(ii) the London Development Agency strategy under section 7A of the Regional Development Agencies Act 1998 (c. 45);

(d) if any part of their region adjoins Scotland, the National Planning Framework for Scotland;

(e) if any part of their region adjoins Wales, the Wales Spatial Plan;

(f) the resources likely to be available for implementation of the regional strategy;

(g) the desirability of making different provision in relation to different parts of the region;

(h) any report pursuant to an examination in public under section 76;

(i) any representations made to them in respect of the draft which were not considered at an examination in public under that section;

(j) such other matters as the Secretary of State may by regulations prescribe.

(2) In preparing a draft revision of a regional strategy for their region the responsible regional authorities must—

(a) carry out an appraisal of the sustainability of the proposals in the draft, and

(b) prepare a report of the findings of the appraisal.

78 Approval of revision by Secretary of State E+W

(1) When the responsible regional authorities have prepared a draft revision of a regional strategy, they must—

(a) publish it, together with the report referred to in section 77(2)(b), and

(b) submit it and that report to the Secretary of State.

(2) Where a draft revision of a regional strategy is submitted under subsection (1)(b) the Secretary of State may—

(a) approve the draft, or

(b) modify it and approve it as modified.

(3) The Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate—

(a) before approving the draft under subsection (2)(a);

(b) before modifying the draft and approving it as modified under subsection (2)(b).

(4) In deciding whether to make any modifications to the draft the Secretary of State must have regard to—

(a) any report pursuant to an examination in public under section 76,

(b) any representations made to the responsible regional authorities in respect of the draft which were not considered at an examination in public under that section, and

(c) any representations made to the Secretary of State.

(5) The responsible regional authorities must publish any revision approved under this section.

79 Reserve powers of Secretary of State E+W

(1) The Secretary of State may revise a regional strategy if the responsible regional authorities fail to comply with—

(a) the requirement under section 74(4)(a), or

(b) a direction under section 74(4)(b).

(2) Before revising a regional strategy under subsection (1) the Secretary of State—

(a) may arrange for an examination in public to be held and appoint a person to hold it;

(b) must consult such persons (if any) as the Secretary of State considers appropriate.

(3) Subsections (6) to (9) of section 76 apply in relation to an examination in public under this section.

(4) In deciding whether to revise a regional strategy under subsection (1) the Secretary of State must have regard to—

(a) any report pursuant to an examination in public under subsection (2)(a), and

(b) any representations made to the Secretary of State in respect of the draft which were not considered at such an examination in public.

(5) The Secretary of State must publish a strategy as revised under subsection (1).

(6) If the Secretary of State thinks it necessary or expedient to do so the Secretary of State may at any time revoke all or any part of a regional strategy.

80 Revision: supplementary E+W

(1) The Secretary of State may make regulations (subject to the requirements of this Part) as to—

(a) the procedure to be followed by the responsible regional authorities in relation to revision of their regional strategy;

(b) the procedure to be followed at an examination in public under this Part;

(c) the remuneration and allowances payable to a person appointed to carry out an examination in public under this Part;

(d) the procedure to be followed by the Secretary of State in exercising functions under section 78 or 79.

(2) The Secretary of State may direct that where—

(a) before the day on which this section comes into force any step is taken in connection with the preparation of a revision of the regional spatial strategy or regional economic strategy for a region, and

(b) the Secretary of State thinks that the step corresponds to a step which must or may be taken under this Part in connection with the revision of the regional strategy for the region,

the step is to be regarded as having been taken under this Part in connection with the revision of the regional strategy.

Yn ddilys o 01/04/2010

Implementation of strategy E+W

81 Implementation E+W

(1) The responsible regional authorities must produce and publish, and from time to time revise, a plan for implementing the regional strategy for their region.

(2) The responsible regional authorities must for each period of twelve months prepare a report on the implementation of the regional strategy for their region.

(3) A report under subsection (2)—

(a) must be in respect of such period of twelve months as may be specified by the Secretary of State in regulations,

(b) must be in such form and contain such information as may be so specified, and

(c) must be submitted to the Secretary of State on such date as may be so specified.

Yn ddilys o 01/04/2010

Effect of strategy E+W

82 Regional strategy as part of the development plan E+W

(1) In section 38 of the Planning and Compulsory Purchase Act 2004 (c. 5) (development plan), in subsection (3)(a), for “regional spatial strategy” substitute “ regional strategy ”.

(2) For the purposes of that section, during the interim period a regional strategy is to be regarded as consisting solely of the matters referred to section 70(6)(a).

(3) In subsection (2) “interim period” means the period after the coming into force of this section and before whichever is the earlier of—

(a) publication of a revision to the strategy under section 78(5), or

(b) publication of a revised strategy under section 79.

83 Duties of regional development agencies E+W

In the Regional Development Agencies Act 1998 (c. 45), for section 7 (strategy) substitute—

“7 Regional strategy

(1) A regional development agency shall in exercising its functions have regard to the regional strategy for its region.

(2) In subsection (1) “regional strategy” means the regional strategy under Part 5 of the Local Democracy, Economic Development and Construction Act 2009.

(3) Subsection (1) does not apply in relation to the London Development Agency.”

Supplementary U.K.

84 Guidance and directions E+W

(1) The Secretary of State may give to any person exercising functions under this Part—

(a) guidance, or

(b) directions

in relation to the exercise of those functions.

(2) Guidance under subsection (1)(a) may in particular include guidance as to—

(a) the exercise of functions under this Part in relation to the requirement in section 70(2) that a regional strategy must contain policies in relation to sustainable economic growth;

(b) the matters to be included in a scheme under section 71.

(3) Directions under this section may be of a general or particular nature.

(4) The powers conferred by this section are without prejudice to any powers of the Secretary of State to give guidance or directions under this Part or under any other enactment.

Commencement Information

I2 S. 84 in force at 25.11.2009 by S.I. 2009/3087, art. 2(c)

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85 Consequential provision U.K.

(1) Schedule 5 (which contains amendments consequential on this Part) is part of this Part.

(2) The Secretary of State may by order make such other provision as the Secretary of State considers appropriate in consequence of any provision made by or under this Part.

(3) The power conferred in subsection (2) includes power to amend, repeal or revoke provision contained in an enactment passed or made before the day on which this Act is passed.

(4) A order under subsection (2) is to be made by statutory instrument.

(5) A statutory instrument containing an order under subsection (2) which includes provision—

(a) amending or repealing provision contained in an Act, or

(b) amending or revoking provision contained in an instrument of which a draft was required to be laid before and approved by a resolution of each House of Parliament,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of each House of Parliament.

(6) A statutory instrument containing any other order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

General E+W

86 Regulations E+W

(1) Regulations under this Part are to be made by statutory instrument.

(2) A statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I3 S. 86 in force at 25.11.2009 by S.I. 2009/3087, art. 2(c)

87 Interpretation E+W

In this Part—

• “London” means the London region specified in Schedule 1 to the Regional Development Agencies Act 1998 (c. 45);

• “region” means a region specified in Schedule 1 to the Regional Development Agencies Act 1998;

• “regional development agency” means a development agency established under section 1 of the Regional Development Agencies Act 1998;

• “responsible regional authorities” has the meaning given by section 72;

• “regional economic strategy” means a strategy under section 7 of the Regional Development Agencies Act 1998 (as in force immediately before the coming into force of section 70);

• “regional spatial strategy” means a strategy under section 1 of the Planning and Compulsory Purchase Act 2004 (c. 5) (as in force immediately before the coming into force of section 70).

Commencement Information

I4 S. 87 in force at 25.11.2009 by S.I. 2009/3087, art. 2(c)