Section 29 Reference by relevant advisory body.

England and Wales

(1)

Subsections (2) and (3) apply where—

(a)

the relevant advisory body has given advice under section 26(4) or on being consulted under section 27(6), but

(b)

in any respect, the relevant authority decide not to act in accordance with that advice.

(2)

The relevant advisory body may refer the decision—

(a)

in the case of land in England, to the F1Secretary of State, or

(b)

in the case of land in Wales, to the National Assembly for Wales.

(3)

On a reference under this section the F2Secretary of State or the National Assembly for Wales may, if he or it thinks fit—

(a)

cancel any direction given by the relevant authority, or

(b)

require the relevant authority to give such direction under section 26 as the Secretary of State or, as the case may be, the Assembly, think fit.

(4)

Sections 7 and 8 (and Schedule 3) have effect in relation to a reference under this section as they have effect in relation to an appeal under section 6 F3. . ..

(5)

In this section—

F4. . .
“the relevant advisory body” has the same meaning as in section 26, except that it does not include the National Assembly for Wales.

Annotations

Textual amendments

F1: Words in s. 29(2)(a) substituted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 43(2) (with arts. 5(3), 6)
F2: Words in s. 29(3) substituted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 43(3) (with arts. 5(3), 6)
F3: Words in s. 29(4) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)
F4: S. 29(5): Definition of “the appropriate Minister” repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)