Textual Amendments
F1Sch. 4B inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 116(2), 240(5)(j), Sch. 10; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2
Modifications etc. (not altering text)
C1Sch. 4B applied (with modifications) by 2004 c. 5, s. 38A(3) 38C(5) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2)
7(1)This paragraph applies if—E+W
(a)a local planning authority have considered the matters mentioned in paragraph 6(2) and (3), and
(b)they are satisfied that the matters mentioned there have been met or complied with.
(2)The authority must submit for independent examination—
(a)the draft neighbourhood development order, 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 order, 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.]