Section 23 Independent examinationI1

England and Wales Not yet in force

(1)

Before a plan-making authority adopts its plan, it must submit the plan to the Welsh Ministers for independent examination.

(2)

But the authority must not submit its plan unless—

(a)

it has complied with any relevant requirements of regulations under this Part, and

(b)

it considers that the plan is ready for independent examination.

(3)

Regulations may specify other documents and information that the authority must send to the Welsh Ministers in addition to the plan.

(4)

An independent examination must be carried out by an inspector.

(5)

The purpose of the examination is to determine whether the plan—

(a)

satisfies the requirements imposed by and under this Part, and

(b)

is sound.

(6)

If a person who makes representations seeking to change the plan requests an opportunity to appear before and be heard by the inspector, the person must be given such an opportunity.

(7)

The inspector must—

(a)

make recommendations;

(b)

give reasons for the recommendations.

(8)

The plan-making authority must publish the recommendations and the reasons.

(9)

Regulations may make provision about—

(a)

the procedure to be followed in connection with an independent examination under this Chapter;

(b)

the remuneration and allowances payable to an inspector appointed to carry out an independent examination.

Annotations

Commencement

I1: S. 23 not in force at Royal Assent, see s. 409(2)