Explanatory Notes

Planning and Compulsory Purchase Act 2004

2004 CHAPTER 5

13th May 2004

Commentary on Sections

Part 1: Regional Functions

Section 2: Regional planning bodies

26.Section 2 enables the Secretary of State to recognise a body as the regional planning body (RPB) for a region (and to withdraw that recognition). The Secretary of State must not recognise a body as the RPB unless at least 60% of its members are members of county councils or local planning authorities. Where there is no such body the Secretary of State may himself exercise those functions of an RPB which he thinks appropriate. But it would not be appropriate, for example, for the Secretary of State to report to himself under section 3 on the implementation of the RSS.

27.A change in the membership of a body which is not incorporated does not affect the validity of the Secretary of State’s recognition of that body as an RPB. This will prevent the need for the Secretary of State to issue a new direction recognising a body as the RPB every time a member of an unincorporated RPB is replaced.