OpenLegislation

Paragraph 4

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where in the case of any proposal the Secretary of State has given a direction, he shall as soon thereafter as he is in a position to do so notify F1the local authority in writing with respect to each of the matters or areas to which the direction relates either—

(a)

that he consents to the making of regulations with respect to that matter or in relation to that area in pursuance of that proposal; or

(b)

that he is not prepared in any circumstances to consent to the making of such regulations in pursuance of that proposal; or

(c)

that subject to sub-paragraph (2) below he is prepared to consider consenting to the making of such regulations in pursuance of that proposal if a revised draft is submitted to him for the purpose incorporating modifications of a specified nature or in other specified circumstances;

and before deciding the notification to be given to the local authority under this paragraph with respect to any matter or in relation to any area the Secretary of State may if he thinks fit appoint a person to hold any inquiry in connection with that matter or area, and subsections (2) to (5) of section 250 of the M1Local Government Act 1972 shall apply to any such inquiry as they apply to such an inquiry as is referred to in subsection (1) of that section, with the substitution for any reference to a department of a reference to the Secretary of State.

(2)

The Secretary of State shall not consider any such revised draft as is referred to in sub-paragraph (1)(c) above unless he is satisfied that the local authority—

(a)

have taken appropriate steps to inform any persons affected by the modifications incorporated in the revised draft of the nature of those modifications and have afforded those persons a reasonable opportunity to make representations with respect to the revised draft regulations; and

(b)

have supplied the Secretary of State with copies of any such representations made.

Annotations

Textual amendments

F1

Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(38)(b)

Marginal citations

M1

1972 c. 70(81:1).