Article 38 Adaptation of enactments in consequence of article 37I1

England and Wales

(1)

This article has effect in consequence of article 37(1).

(2)

Part 8 of the 1999 Act applies in relation to the preparation and publication of a spatial development strategy by the Combined Authority as it applies in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 1 of Schedule 5.

(3)

Sections 343 (regulations) and 420 (orders and regulations) of the 1999 Act apply in relation to the functions of the Secretary of State to make regulations by statutory instrument in relation to all or any of the following—

(a)

the form and content of the spatial development strategy published by the Combined Authority;

(b)

the documents (if any) the Secretary of State requires to accompany the spatial development strategy published by the Combined Authority;

(c)

the procedure to be followed by the Combined Authority in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy, or in connection with any review under section 339 as modified by Part 1 of Schedule 5; and

(d)

the procedure to be followed at an examination in public examining matters affecting the consideration of the spatial development strategy,

as they apply in relation to the functions of the Secretary of State to make such regulations in relation to the spatial development strategy published by the Mayor of London.

(4)

Subject to paragraph (6) and to Schedule 5, in any enactment (whenever passed or made)—

(a)

any reference to a spatial development strategy; or

(b)

any reference which falls to be read as a reference to a spatial development strategy,

is to be treated as including a reference to a strategy prepared and published in accordance with the functions conferred by article 37(1).

F1(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Paragraph (4) does not apply to—

(a)

section 41 of the 1999 Act (general duties of the Mayor in relation to his strategies)^f1;

(b)

section 356A of the 1999 Act (London Waste and Recycling Board)^f2; and

(c)

the Town and Country Planning (London Spatial Development Strategy) Regulations 2000^f3.

Annotations

Textual amendments

F1: Art. 38(5) omitted (25.3.2026) by virtue of The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 27(2)

Commencement

I1: Art. 38 in force at 7.5.2024, see art. 1(3)

Footnotes

f1: Section 41 was amended by sections 24, 28, 41, 43 and 44 of the Greater London Authority Act 2007; and sections 192, 225, 227 and 237 of, and paragraph 2 of Schedule 23 and paragraph 1 of Schedule 25 to, the 2011 Act.
f2: Section 356A was inserted by section 38 of the Greater London Authority Act 2007 and amended by section 225 of, and paragraph 6 of Schedule 23 to, the 2011 Act.
f3: S.I. 2000/1491.