F1F1Part II

Annotations:
Amendments (Textual)
F1

Pt. 2 (ss. 10-54A) repealed (6.8.2004 for certain purposes, 28.9.2004 for. E and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 120, 121, Sch. 9 (with s. 111); S.I. 2004/2097, art. 2, S.I. 2004/2202, {art. 2(k)}, Sch. 1 Pt. 1 (subject to transitional provisions and savings in art. 4, Sch. 2); S.I. 2005/2847, art. 2(g), Sch. 1 (subject to transitional provisions and savings in art. 3, Sch. 2); and ss. 12(3A), 31(3), 36(3) modified (1.4.2010) by S.I. 2010/490, reg. 39(2)

C1Chapter II Structure and Local Plans: Non-Metropolitan Areas

Annotations:
Modifications etc. (not altering text)
C1

Pt. II Chapter II (ss. 29-54): certain functions transferred to the Council of the Isles (Isles of Scilly) (27.7.1992) by S.I. 1992/1620, art. 3 (with arts. 4(b), 5(2), Sch. Pt. II)

Pt. II Ch. II (ss. 29-54): applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III para. 13(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Pt. II Ch. II (ss. 29-54): power to apply conferred (19.9.1995) by 1995 c. 25, ss. 67(2)(b)(4), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 6)

Structure plans

F235B Examination in public.

1

Before adopting proposals for the alteration or replacement of a structure plan, the local planning authority shall, unless the Secretary of State otherwise directs, cause an examination in public to be held of such matters affecting the consideration of the proposals as—

a

they consider ought to be so examined; or

b

the Secretary of State directs.

2

Where proposals are submitted to the Secretary of State in compliance with a direction under section 35A(1), he may cause an examination in public to be held of any matter specified by him.

3

An examination in public shall be conducted by a person or persons appointed by the Secretary of State for the purpose.

4

No person shall have a right to be heard at an examination in public.

5

The following may take part in an examination in public—

a

in the case of an examination held under subsection (1), the local planning authority; and

b

in any case, any person invited to do so by the person or persons holding the examination or the person causing the examination to be held.

6

The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at any examination in public.

7

An examination in public shall constitute a statutory inquiry for the purposes of section l(l)(c) of the M1Tribunals and Inquiries Act 1971 but shall not constitute such an inquiry for any other purpose of that Act.

F38

Without prejudice to section 303A(8) and (9), regulations may make provision with respect to the remuneration and allowances of any person or persons appointed by the Secretary of State to conduct an examination in public under this section.