Paragraph 19 Full OMP: establishment and reviewI1

England and Wales

(1)

No more than 580 service users may be accommodated on the Order land until—

(a)

the Home Secretary submits for approval by the Secretary of State an operational management plan—

(i)

whose contents comply with condition 20 (full OMP: contents);

(ii)

compliance with which will assist the Home Secretary to comply, in carrying out relevant functions in relation to resident service users, with relevant duties;

(b)

the Secretary of State approves that plan.

(2)

The initial OMP is not an approved document for the purposes of this Order in respect of any construction or operation of the authorised development that occurs after the Secretary of State has given approval under sub-paragraph (1)(b).

(3)

Unless the Home Secretary submits a plan for approval under sub-paragraph (1)(a) on or before 11th May 2024 or such later date as the Secretary of State agrees in writing before that date (the “deadline”), accommodation of service users on the Order land must cease within the period of four weeks beginning with the deadline, and may not resume until there is a full OMP.

(4)

If a document covers matters set out in condition 20 and other matters, only that part of the document that covers matters set out in condition 20 requires the Secretary of State’s approval under sub-paragraph (1)(b), or forms part of the full OMP if such approval is given.

(5)

For as long as service users are accommodated on the Order land under the planning permission granted by article 4(1) a copy of—

(a)

once there is a full OMP, the full OMP;

(b)

until there is a full OMP, the initial OMP,

must be kept on the Order land.

(6)

The Home Secretary must—

(a)

keep the operation of the authorised development under review throughout the period for which planning permission is granted by article 4(1)(a) and (b), carrying out at least one review of its operation in each period of 12 months beginning with 11th April 2024, 11th April 2025, or 11th April 2026, and having regard in carrying out such reviews to—

(i)

relevant duties;

(ii)

the requirement for the operation of the authorised development to comply with the full OMP (or, if applicable, the initial OMP);

(b)

within one month of completing a review under paragraph (a)—

(i)

submit to the Secretary of State a report on the review;

(ii)

where the review identifies a need to—

(aa)

amend the details of any matter set out in an approved document, or

(bb)

replace an approved document under sub-paragraph 3 of condition 2,

make the necessary application for variation approval or subsequent approval.

Annotations

Commencement

I1: Sch. 3 para. 19 in force at 11.4.2024, see art. 1(2)