Planning and Compulsory Purchase Act 2004

4 Assistance from certain local authorities E+W

(1) For the purpose of the exercise of its functions under sections 3(1) and (3)(a) and 5(1) the RPB must seek the advice of each authority in its region which is an authority falling within subsection (4).

(2) The authority must give the RPB advice as to the exercise of the function to the extent that the exercise of the function is capable of affecting (directly or indirectly) the exercise by the authority of any function it has.

(3) The advice mentioned in subsection (1) includes advice relating to the inclusion in the RSS of specific policies relating to any part of the region.

[F1 (4) These are the authorities which fall within this subsection—

(a) each of the following if their area or any part of their area is in the RPB's region—

(i) a county council;

(ii) a metropolitan district council;

(iii) a district council for an area for which there is no county council;

(iv) a National Park authority; and

(b) the Homes and Communities Agency if it is the local planning authority for an area or part of an area in the RPB's region.

(4A) For the purposes of subsection (4), the Homes and Communities Agency is the local planning authority for an area or part of an area in the RPB's region if it is the local planning authority for that area or part, or for an area which includes that area or part, by virtue of an order of the kind mentioned in section 14(2) of the Housing and Regeneration Act 2008 (designation orders).

(4B) In subsections (4) and (4A) “local planning authority” has the same meaning as in Part 1 of the Housing and Regeneration Act 2008 (see section 13(5) of that Act).]

(5) The RPB may make arrangements with an authority falling within subsection (4) or with any district council the whole or part of whose area is in the region for the discharge by the authority or council of a function of the RPB.

(6) The RPB may reimburse an authority or council which exercises functions by virtue of such arrangements for any expenditure incurred by the authority or council in doing so.

(7) Subsection (5) does not apply to a function of the RPB under section 5(8).

(8) Any arrangements made for the purposes of subsection (5) [F2 other than arrangements with the Homes and Communities Agency ] must be taken to be arrangements between local authorities for the purposes of section 101 of the Local Government Act 1972 (c. 70).

(9) Nothing in this section affects any power which a body which is recognised as an RPB has apart from this section.

Textual Amendments

F1 S. 4(4)-(4B) substituted for s. 4(4) (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 16(2), 325(1); S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)

F2 Words in s. 4(8) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 16(3), 325(1); S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)

Modifications etc. (not altering text)

C1 S. 4 modified (24.8.2005) by Town and Country Planning (Isles of Scilly) Order 2005 (S.I. 2005/2085), arts. 1, 4(2) (with art. 5)

Commencement Information

I1 S. 4 in force at 28.9.2004 for E. by S.I. 2004/2202, art. 2(a)