Section 212A Charging schedule: examiner's recommendationsF1

(1)

This section applies in relation to the examination, under section 212, of a draft charging schedule.

(2)

If the examiner considers—

(a)

that there is any respect in which the drafting requirements have not been complied with, and

(b)

that the non-compliance with the drafting requirements cannot be remedied by the making of modifications to the draft,

the examiner must recommend that the draft be rejected.

(3)

Subsection (4) applies if the examiner considers—

(a)

that there is any respect in which the drafting requirements have not been complied with, and

(b)

that the non-compliance with the drafting requirements could be remedied by the making of modifications to the draft.

(4)

The examiner must—

(a)

specify the respects in which the drafting requirements have not been complied with,

(b)

recommend modifications that the examiner considers sufficient and necessary to remedy that non-compliance, and

(c)

recommend that the draft be approved with—

(i)

those modifications, or

(ii)

other modifications sufficient and necessary to remedy that non-compliance.

(5)

Subject to subsections (2) to (4), the examiner must recommend that the draft be approved.

(6)

If the examiner makes recommendations under subsection (4), the examiner may recommend other modifications with which the draft should be approved in the event that it is approved.

(7)

If the examiner makes recommendations under subsection (5), the examiner may recommend modifications with which the draft should be approved in the event that it is approved.

(F28)

For exceptions to this section see section 211(11).

Annotations

Textual amendments

F1: S. 212A inserted (16.11.2011) by Localism Act 2011 (c. 20), ss. 114(4), 240(6) (with ss. 114(8), 144)
F2: S. 212A(8) inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 107(5), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(e)

Notes on Part 11

Modifications

C1: Pt. 11 functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 44(1) (with art. 44(2))
C2: Pt. 11 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 33, 64(1)
C3: Pt. 11 excluded (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 3(2)(f)