Paragraph 21 I1I2

For paragraph 17 substitute—

“17

(1)

This paragraph applies where any proposals are referred to the Secretary of State or to the adjudicator (“the decision-maker”) under any provision of this Part of this Schedule.

(2)

The decision-maker must consider the proposals or, in a case where the proposals have previously been determined by the relevant authority, must consider them afresh.

(3)

For the purposes of sub-paragraph (2), the following provisions apply in relation to the decision-maker as they apply in relation to the relevant authority—

(a)

paragraph 8(3) or (4) (as the case may be);

(b)

paragraph 8(5) and (6).

(4)

For the purposes of sub-paragraph (2), paragraph 9 applies in relation to the decision-maker as it applies in relation to the relevant authority but—

(a)

where the decision-maker is the Secretary of State, it applies as if sub-paragraph (2A)(b) of that paragraph (requirement to consider related proposals under section 10 or 15) were omitted;

(b)

where the decision-maker is the adjudicator, it applies as if sub-paragraph (2A)(a) of that paragraph (requirement to consider related proposals under section 7) were omitted.

(5)

The revocation of a direction under paragraph 12(1) does not affect the determination by the Secretary of State of any proposals referred to the Secretary of State before the revocation.”