Planning Act 2008

179 Delegation of functions of regional planning bodies

(1) In Part 1 of PCPA 2004 (regional functions) after section 4 insert—

“4A Delegation of RPB functions to regional development agencies

(1) The RPB may make arrangements with the regional development agency for its region for the exercise by the agency on behalf of the RPB of any of the RPB’s functions.

(2) Subsection (3) applies if, by virtue of section 2(7), the Secretary of State has power to exercise any functions of the RPB.

(3) The Secretary of State may make arrangements with the regional development agency for the region of the RPB for the exercise by the agency on behalf of the Secretary of State of any of the RPB’s functions.

(4) Subsection (5) applies if, by virtue of section 10(3), the Secretary of State has power to prepare a draft revision of the RSS because of a failure to comply by the RPB.

(5) The Secretary of State may make arrangements with the regional development agency for the region of the RPB for the exercise by the agency on behalf of the Secretary of State of the Secretary of State’s function under section 10(3).

(6) Arrangements under this section—

(a) may be made only if the regional development agency agrees to the making of the arrangements and their terms;

(b) may be varied only if the regional development agency agrees to the variation and the terms of the variation.

(7) Arrangements under subsection (1) may be brought to an end at any time by the RPB.

(8) Arrangements under subsection (3) or (5) may be brought to an end at any time by the Secretary of State.

(9) A regional development agency which, by virtue of arrangements under this section, has power, or is required, to exercise a function of the RPB, may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the function.

(10) Arrangements under subsection (1) for the exercise of a function by a regional development agency do not prevent the RPB from exercising the function.

(11) Arrangements under subsection (3) or (5) for the exercise of a function by a regional development agency do not prevent the Secretary of State from exercising the function.

(12) “Regional development agency” means a development agency established under section 1 of the Regional Development Agencies Act 1998.”’.

(2) The Regional Development Agencies Act 1998 (c. 45) is amended as follows.

(3) In section 8 (regional consultation) after subsection (2) insert—

“(2A) The reference in subsection (2)(b) to the functions of a regional development agency does not include any function conferred by arrangements under section 4A of the Planning and Compulsory Purchase Act 2004 (delegation of functions of regional planning bodies to regional development agencies).”

(4) In section 11 (borrowing) after subsection (4) insert—

“(4A) The references in subsections (2) and (4) to the functions of a regional development agency do not include any function conferred by arrangements under section 4A of the Planning and Compulsory Purchase Act 2004 (delegation of functions of regional planning bodies to regional development agencies).”

(5) In section 18 (regional accountability) after subsection (1) insert—

“(1A) The reference in subsection (1)(c) to the functions of a regional development agency does not include any function conferred by arrangements under section 4A of the Planning and Compulsory Purchase Act 2004 (delegation of functions of regional planning bodies to regional development agencies).”

(6) In paragraph 7 of Schedule 2 (delegation of functions by regional development agencies) after sub-paragraph (1) insert—

“(1A) The reference in sub-paragraph (1) to anything authorised or required to be done under an enactment includes a reference to anything authorised or required to be done under arrangements made under an enactment.”