Regulation 3 Modification to section 15IA(3) (joint local plans: application of Part)I1

Section 15IA of the Act is to be read as if, for subsection (3), there were substituted—

“(3)

For the purposes of subsection (2), this Part has effect in accordance with subsections (3A) to (3G).

(3A)

Each of the relevant authorities must adopt a joint local plan for it to be adopted for the purposes of section 15CA(7).

(3B)

The relevant authorities are to act jointly under sections 15CA(3), 15D(1) and (2), 15DA(6), 15E(1) and (2) and 15GA(1), (2) and (4).

(3C)

Anything else (not referred to in subsection (3A) or (3B)) which may or must be done by a local planning authority in connection with a local plan is to be done in connection with a joint local plan either—

(a)

by each of the relevant authorities, or

(b)

by the relevant authorities acting jointly.

(3D)

Section 15HA applies, in accordance with subsection (1)(a) of that section, if the Secretary of State thinks that one or more relevant authorities are failing, as mentioned there, in relation to a joint local plan, in which case—

(a)

the power in subsection (2)(a) of that section to take over preparation of the plan may only be exercised in relation to all of the relevant authorities (and may not be exercised in relation to only one or some of the relevant authorities);

(b)

the power in subsection (2)(c) of that section to give directions may be exercised in relation to one or more of the failing relevant authorities.

(3E)

Where section 15HA applies, in accordance with subsection (1)(b) of that section, by virtue of the Secretary of State thinking that a joint local plan is, is going to be or may be unsatisfactory—

(a)

the power in subsection (2)(a) of that section to take over preparation of the plan may only be exercised in relation to all of the relevant authorities (and may not be exercised in relation to only one or some of the relevant authorities);

(b)

the power in subsection (2)(c) of that section to give directions may be exercised in relation to one or more of the relevant authorities.

(3F)

Anything else (not referred to in subsection (3D) or (3E)) which may or must be done in relation to a local planning authority in connection with a local plan is to be done only in relation to each of the relevant authorities in connection with a joint local plan (and may not be done in relation to only one or some of the relevant authorities).

(3G)

Schedule A1 does not apply in relation to a joint local plan.”.