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Town and Country Planning Act 1971

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3Delegation of functions to councils of county districts

(1)The Secretary of State may, after consultation with such local authorities or associations of local authorities as he considers appropriate, make regulations for authorising or requiring local planning authorities to delegate to the councils of county districts in their areas, with or without restrictions, any of their functions under the provisions of this Act specified in subsection (2) of this section; and such regulations may be made so as to apply either generally to all local planning authorities (other than the councils of county boroughs) or to such of those authorities as may be specified in the regulations.

(2)The provisions referred to in subsection (1) of this section are Part III, Part IV, Part V, sections 171 to 173, 175. 177 and 246 and Schedules 11 and 14.

(3)In relation to a local planning authority being a joint planning board, subsection (1) of this section shall have effect as if the reference therein to the councils of county districts in their area included a reference to the councils of counties and county boroughs therein.

(4)Any regulations made for the purposes of this section may make provision—

(a)for requiring any council to whom functions are delegated in accordance with the regulations to perform those functions on behalf of the local planning authority;

(b)for transferring to any such council any liability of the local planning authority to pay compensation under Part VIII or under section 187 or 237(1)(b) of this Act in respect of anything done by that council in the exercise of functions delegated to them in accordance with the regulations;

(c)for the transfer and compensation of any officers of a local planning authority or of any such council.

(5)The preceding provisions of this section shall have effect without prejudice to the provisions of section 8(3) of the National Parks and Access to the Countryside Act 1949 (delegation of functions to planning committees and sub-committees for National Parks).

(6)In relation to any functions under this Act delegated to a council by a local planning authority, any reference in the provisions specified in subsection (2) of this section, or in section 290(4) of this Act, to the local planning authority shall (subject to the regulations and the terms of the delegation, and so far as the context does not otherwise require) be construed as including a reference to that council; and in relation to any compensation payable by a council, by virtue of the transfer under this section to that council of any liability of the local planning authority, any reference in this Act to the local planning authority shall be construed as a reference to that council.

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