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Local Democracy, Economic Development and Construction Act 2009

Section 91 – Exercise of local authority functions

192.Subsection (1) allows the Secretary of State to make an order that provides for functions of a county council or district council to be exercisable by the EPB. The functions must be exercisable by the council in relation to an area within the EPB’s area.

193.This power applies only if the Secretary of State thinks it appropriate for the EPB to exercise the functions in question.

194.Subsection (3) provides that an order may specify that the function be exercisable generally, or subject to conditions or limitations. Subsection (4) allows an order to make provision for functions to be exercisable by the EPB instead of the local authority, or concurrently with the local authority.

195.Subsection (5) provides that an EPB must perform functions that are exercisable by the EPB with a view to promoting economic development and regeneration in its area.

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