Valid from 06/08/2004

Part 1 E+WRegional functions

Planning bodiesE+W

2Regional planning bodiesE+W

(1)The Secretary of State may give a direction recognising a body to which subsection (2) applies as the regional planning body for a region (in this Part referred to as the “RPB”).

(2)This subsection applies to a body (whether or not incorporated) which satisfies such criteria as are prescribed.

(3)The Secretary of State must not give a direction under subsection (1) in relation to a body unless not less than 60% of the persons who are members of the body fall within subsection (4).

(4)A person falls within this subsection if he is a member of any of the following councils or authorities and any part of the area of the council or authority (as the case may be) falls within the region to which the direction (if given) will relate—

(a)a district council;

(b)a county council;

(c)a metropolitan district council;

(d)a National Park authority;

(e)the Broads authority.

(5)The Secretary of State may give a direction withdrawing recognition of a body.

(6)Subsection (7) applies if the Secretary of State—

(a)does not give a direction under subsection (1) recognising a body, or

(b)gives a direction under subsection (5) withdrawing recognition of a body and does not give a direction under subsection (1) recognising any other body.

(7)In such a case the Secretary of State may exercise such of the functions of the RPB as he thinks appropriate.

(8)A change in the membership of a body which is not incorporated does not (by itself) affect the validity of the recognition of the body.