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Local Democracy, Economic Development and Construction Act 2009
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76Examination in public
This section has no associated Explanatory Notes
(1)The responsible regional authorities may when preparing a draft revision of their regional strategy arrange for an examination in public to be held.
(2)In deciding whether or not to arrange for an examination in public to be held the responsible regional authorities must have regard to—
(a)the extent of the revisions proposed by the draft revision,
(b)the level of interest shown in the draft revision, and
(c)such other matters as the responsible regional authorities consider appropriate.
(3)The responsible regional authorities must inform the Secretary of State of their decision under subsection (2).
(4)If the responsible regional authorities decide to arrange for an examination in public to be held, the Secretary of State must appoint a person to hold it.
(5)If the responsible regional authorities decide not to arrange for an examination in public to be held, the Secretary of State may—
(a)arrange for such an examination to be held, and
(b)appoint a person to hold it.
(6)In deciding pursuant to subsection (5) whether or not to arrange for an examination in public to be held the Secretary of State must have regard to—
(a)the extent of the revisions proposed by the draft revision,
(b)the level of interest shown in the draft revision, and
(c)such other matters as the Secretary of State considers appropriate.
(7)No person has a right to be heard at an examination in public under this section.
(8)An examination in public under this section—
(a)is a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (Administrative Justice and Tribunals Council), but
(b)is not a statutory inquiry for the purposes of the Tribunals and Inquiries Act 1992 (c. 53).
(9)After an examination in public under this section the person appointed to hold it must—
(a)make a report of the examination to the responsible regional authorities, and
(b)send a copy to the Secretary of State.
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