Localism Act 2011

Grant or refusal

58 (1) Amend section 117 (orders granting consent: formalities) as follows.

(2) Omit subsections (2) and (5) (orders made by Panel or Council).

(3) In subsection (3) (duty to publish order)—

(a) for “appropriate authority” substitute “Secretary of State”, and

(b) for “the authority” substitute “the Secretary of State”.

(4) For subsection (4) (order exercising powers under section 120(5)(a) or (b) must be in statutory instrument) substitute—

“(4) If the order includes provision—

(a) made under section 120(3) for or relating to any of the matters listed in paragraphs 32A and 32B of Schedule 5, or

(b) made in the exercise of any of the powers conferred by section 120(5)(a) or (b),

the order must be contained in a statutory instrument.”

(5) In subsection (6) for “is made, the appropriate authority” substitute “containing the order is made, the Secretary of State”.

(6) Omit subsection (7) (meaning of “appropriate authority”).