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- Point in Time (26/10/2023)
- Original (As enacted)
Point in time view as at 26/10/2023.
There are currently no known outstanding effects for the Local Democracy, Economic Development and Construction Act 2009, Section 113C.
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(1)The Secretary of State may by order make provision preventing EPBs or combined authorities from doing under section 113A(1) anything which is specified, or is of a description specified, in the order.
(2)The Secretary of State may by order provide for the exercise by EPBs or combined authorities of power conferred by section 113A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.
(3)The power under subsection (1) or (2) may be exercised in relation to—
(a)all EPBs,
(b)all combined authorities,
(c)particular EPBs,
(d)particular combined authorities,
(e)particular descriptions of EPBs, or
(f)particular descriptions of combined authorities.
(4)Before making an order under subsection (1) or (2) the Secretary of State must consult—
(a)such representatives of EPBs or combined authorities,
(b)such representatives of local government, and
(c)such other persons (if any),
as the Secretary of State considers appropriate.
(5)Subsection (4) does not apply to an order under subsection (1) or (2) which is made only for the purpose of amending an earlier such order—
(a)so as to extend the earlier order, or any provision of the earlier order, to a particular EPB or combined authority or to EPBs or combined authorities of a particular description, or
(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular EPB or combined authority or to EPBs or combined authorities of a particular description.
(6)Power to make an order under this section includes—
(a)power to make different provision for different cases, circumstances or areas, and
(b)power to make incidental, supplementary, consequential, transitional or transitory provision or savings.]
Textual Amendments
F1Ss. 113A-113C and cross-heading inserted (18.2.2012) by Localism Act 2011 (c. 20), ss. 13(1), 240(2); S.I. 2012/411, art. 2(e)
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