OpenLegislation

Section 36 Regulations and standardsF1F3I1I2

England and Wales

(1)

The Secretary of State may by regulations make provision in connection with the exercise by any person of functions under this Part.

(2)

The regulations may in particular make provision as to—

(a)

the procedure to be followed by the local planning authority in carrying out the appraisal under section 19;

(b)

the procedure to be followed in the preparation of local development documents;

(c)

requirements about the giving of notice and publicity;

(d)

requirements about inspection by the public of a local development document or any other document;

(e)

the nature and extent of consultation with and participation by the public in anything done under this Part;

(f)

the making of representations about any matter to be included in a local development document;

(g)

consideration of any such representations;

(h)

the remuneration and allowances payable to a person appointed to carry out an independent examination under section 20;

(i)

the determination of the time at which anything must be done for the purposes of this Part;

(j)

the manner of publication of any draft, report or other document published under this Part;

(k)

monitoring the exercise by local planning authorities of their functions under this Part;

(l)

the making of reasonable charges for the provision of copies of documents required by or under this Part.

(F23)

The Secretary of State may from time to time publish data standards for—

(a)

local development schemes,

(b)

local development documents, or

(c)

local development documents of a particular kind.

(4)

For this purpose a “data standard” is a written standard which contains technical specifications for a scheme or document or the data contained in a scheme or document.

(5)

A local planning authority must comply with the data standards published under subsection (3) in preparing, publishing, maintaining or revising a scheme or document to which the standards apply.

Annotations

Textual amendments

F1

Ss. 15A-15LH and cross-headings substituted for ss. 15-37 and cross-heading (3.3.2026 for the purpose of making regulations only, excluding ss. 15A-15AI, 15K and 15LE(2)(a)(b)(c)(k)(l)(3); 25.3.2026 in so far as not already in force for the insertion of ss. 15B(1)(2)(a)(c)-(i)(3)-(12), 15BA-15C, 15CA(1)-(6)(a)-(g)(i)(7)(8), 15CB-15EA, 15G-15HA, 15HC-15JB, 15L-15LD, 15LE(1)(2)(d)-(j)(m)-(p)(3)(4), 15LF-15LG and 15LH (in part), otherwise prosp.) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(3)(b), Sch. 7 (with s. 247); S.I. 2026/169, regs. 2, 3(b) (with Schs. 1, 2) (as amended by S.I. 2026/333, regs. 1(2), 2)

F2

S. 36(3)-(5) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 11(3), 46(1); S.I. 2017/767, reg. 2(c)

F3

Words in s. 36 heading inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 11(2), 46(1); S.I. 2017/767, reg. 2(c)

Commencement

I1

S. 36 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2

S. 36 in force at 28.9.2004 for E. so far as not already in force by S.I. 2004/2202, art. 2(b)

Notes on Part 2

Modifications

C1

Pt. 2 modified (temp.) (28.11.2008) by Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008 (S.I. 2008/2867), regs. 1(1), 21(1), 23(2) (with reg. 1(2))

C2

Pt. 2 modified (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 7

C3

Pt. 2 applied (25.3.2026) by The Town and Country Planning (Local Planning) (England) Regulations 2026 (S.I. 2026/186), regs. 1(2), 78(8) (with Sch.)

C4

Pt. 2 modified (16.4.2026) by S.I. 2026/170, reg. 7A (as inserted by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) (Amendment) Regulations 2026 (S.I. 2026/350), regs. 1(2), 2)