Section 4A Power to direct compliance with codeF1
The Secretary of State may direct one or more specified local authorities in England to comply with a code issued under section 4 that applies to that authority or those authorities.
A direction may require compliance with—
one or more specified provisions of a code, or
all of the provisions of a specified code.
A direction may—
specify the steps that an authority to which it is given must take to comply with it;
specify the time within which such an authority must comply with it.
The Secretary of State may give a direction to an authority whether or not the Secretary of State thinks that the authority is complying with the code to which it relates.
Before giving a direction to an authority, the Secretary of State must give the authority notice in writing of the proposed direction.
The Secretary of State may not give a direction to an authority before the end of the period of 14 days beginning with the day on which notice under subsection (5) was given to it.
The authority may make written representations to the Secretary of State about the proposed direction within that period.
The Secretary of State may modify or withdraw a direction under this section by notice in writing to the authority or authorities to which it was given.
Subsections (5) to (7) apply to the modification or withdrawal of a direction as they apply to the giving of a direction, but as if—
the reference to the proposed direction were to the proposed modification or proposal to withdraw the direction, and
subsection (6) permitted the Secretary of State to withdraw the direction before the end of the 14 day period with the agreement of the authorities to which it applies.
In this section “ specified ” means specified in a direction under this section.
Annotations
Textual amendments
- F1
Ss. 4A, 4B inserted (E.W.) (30.3.2014) by Local Audit and Accountability Act 2014 (c. 2), ss. 39(1), 49(2)
Notes on Part II
Modifications
- C1
Pt. II modified (E.W.) (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 33
- C2
Pt. II modified (E.W.) (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 33
- C3
Pt. II applied (with modifications) (E.W.) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pts. 2, 3
- C4
Pt. II (ss. 2-6) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 9 (with ss. 7(6), 115, 117, Sch. 8 para. 7)
Pt. II (ss. 2-6) applied (temp. until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 8
Pt. II (ss. 2-6) power to apply conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (g)(i); S.I. 1997/1930, art. 3(m)