Paragraph 21 OMP: establishment and reviewI1

England and Wales As made

(1)

No 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 22 (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)

If a document covers matters set out in condition 22 and other matters, only that part of the document that covers matters set out in condition 22 requires the Secretary of State’s approval under sub-paragraph (1)(b) or forms part of the OMP if such approval is given.

(3)

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

(4)

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 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. 21 in force at 11.4.2024, see art. 1(2)