Section 8 Guidance on draft ordersF1

(1)

The Secretary of State may publish guidance about the preparation of draft orders, for cases in which rules under section 6 require the submission of such drafts to the Secretary of State.

(2)

The Welsh Ministers may publish guidance about the preparation of draft orders, for cases in which rules under section 6 require the submission of such drafts to the Welsh Ministers.

(3)

The guidance may set out model provisions considered suitable for inclusion in the drafts (whether generally or in certain cases).

(4)

In arriving at a determination under section 13 in a case to which guidance under this section applies, the Secretary of State or (as the case may be) the Welsh Ministers must have regard to—

(a)

any departure from the guidance, and

(b)

any reasons given by the applicant for that departure.

Annotations

Textual amendments

F1: S. 8 substituted (1.9.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 36, 118(1)(u) (with s. 116); S.I. 2026/641, reg. 4(b)

Notes on Part I

Commencement

I1: Pt. I (ss. 1-25) wholly in force at 1.1.1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1