Textual Amendments
F1Sch. 2A inserted (6.9.2015 for specified purposes, 5.10.2015 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 1 para. 1; S.I. 2015/1736, art. 2(b)
24E+WIn exercising functions under this Schedule, a strategic planning panel and a constituent local planning authority must have regard to any guidance issued by the Welsh Ministers.
25(1)This paragraph applies if the Welsh Ministers think that a strategic planning panel or a constituent local planning authority is failing or omitting to do anything that it is necessary for it to do for the purpose of complying with a relevant requirement.E+W
(2)The Welsh Ministers may direct the panel or the authority to take such steps as they think appropriate for the purpose of complying with the relevant requirement.
(3)A strategic planning panel or constituent local planning authority must comply with a direction given to it under this paragraph.
(4)If the panel or authority fails to comply with the direction, the Welsh Ministers may themselves do anything that could be done by the panel or the authority (as the case may be) for the purpose of complying with the relevant requirement.
(5)Before doing anything under sub-paragraph (4), the Welsh Ministers must give the panel or authority notice of their intention to do so.
(6)The Welsh Ministers may require the panel or authority to reimburse them for any expenditure they incur in connection with anything they do under sub-paragraph (4).
(7)A relevant requirement is a requirement imposed by any of the following provisions of this Schedule—
(a)paragraphs 3 and 4 (appointment of members of a strategic planning panel);
(b)paragraph 10 (appointment of chair and deputy chair);
(c)paragraph 14(1) (making standing orders);
(d)paragraphs 17 to 19 (arrangements relating to qualifying expenditure of a panel).
26(1)The regulations establishing a panel may confer power on the Welsh Ministers to give directions—E+W
(a)requiring a constituent local planning authority to provide the panel with staff or other services for the purpose of enabling the panel to exercise its functions in its first financial year, and
(b)specifying terms on which the services are to be provided if the authority and the panel cannot agree the terms.
(2)Regulations under section 60D may include provision for the transfer of property, rights and liabilities—
(a)from a constituent local planning authority or any other person to a strategic planning panel in connection with the establishment of the panel or the addition of any land to its strategic planning area;
(b)from a strategic planning panel to a constituent local planning authority or any other person in connection with the abolition of the panel or the removal of any land from its strategic planning area.
(3)The provision that may be made by virtue of sub-paragraph (2) includes provision for the transfer of rights and liabilities relating to contracts of employment.
27E+WIn this Schedule—
“constituent local planning authority” has the meaning given by paragraph 3(3);
“eligible member”, in relation to a constituent local planning authority, has the meaning given by paragraph 3(4) and (5);
“financial year” and “first financial year” each have the meaning given by paragraph 23;
“local planning authority member”, in relation to a strategic planning panel, means a member appointed under paragraph 3;
“nominated member”, in relation to a strategic planning panel, means a member appointed under paragraph 4;
“notice” means notice in writing;
“qualifying expenditure” has the meaning given by paragraph 16(2).
28E+WThe Welsh Ministers may by regulations amend this Schedule.]