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Road Traffic Act 1991

Status:

This is the original version (as it was originally enacted).

62Failure to implement local plans

(1)Where it appears to the Director that a London authority—

(a)have not implemented, or are unlikely to implement, their local plan in accordance with the local plan timetable; or

(b)have not implemented, or are unlikely to implement, it in a satisfactory manner,

he may direct the authority to take such steps as are required to implement it in accordance with the local plan timetable, or (as the case may be) to implement it in a satisfactory manner, in accordance with such other timetable as he may draw up and specify in the direction.

(2)Where it appears to the Director that a London authority have acted in a manner which is incompatible with their local plan, he may direct them to take such steps as he considers appropriate with a view to securing, so far as is reasonably practicable, that the effects of that action are removed.

(3)Where a London authority have failed to comply with a direction under subsection (1) or (2) above, the Director may (with the consent of the Secretary of State) take any steps which still remain to be taken by the authority in accordance with the terms of the direction.

(4)The Secretary of State may limit his consent to the implementation by the Director of part only of the local plan, and where he does so the Director’s powers under subsection (3) above shall be limited to implementing that part.

(5)For the purposes of enabling him to exercise the powers given to him by subsection (3) above, the Director shall have all the powers which the London authority concerned have in connection with the implementation of their local plan.

(6)Anything done by the Director in the exercise of those powers shall be treated for all purposes as if it had been done by the London authority.

(7)Where the Director proposes to exercise any of the powers of a London authority by virtue of subsection (5) above, he may direct that authority not to exercise those or any other powers, in such circumstances or in relation to such matters, as may be specified in the direction.

(8)Where, having intervened under subsection (3) above, the Director is satisfied that continued intervention by him is unnecessary—

(a)he shall notify the London authority accordingly in writing; and

(b)with effect from the date on which that notice is served by him, any direction given by him with respect to his intervention shall cease to have effect.

(9)Any reasonable administrative expenses incurred by the Director in the exercise of his powers under this section shall be recoverable by him from the London authority as a civil debt.

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