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Cities and Local Government Devolution Act 2016

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11Removal of geographical restrictions in relation to EPBs

This section has no associated Explanatory Notes

(1)The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

(2)Omit subsections (3) and (4) of section 88 (EPBs and their areas).

(3)In section 95(2)(a) (changes to boundaries of an EPB’s area: conditions), for “conditions A to D” substitute “conditions A and D”.

(4)In section 98(3)(c) (preparation and publication of scheme for new EPB: conditions), for “conditions A to C” substitute “condition A”.

(5)In section 99 (requirements in connection with establishment of EPB), after subsection (3) insert—

(3A)Subsection (3B) applies where the Secretary of State is considering whether to make an order establishing an EPB for an area and—

(a)part of the area is separated from the rest of it by one or more local government areas that are not within the area, or

(b)a local government area that is not within the area is surrounded by local government areas that are within the area.

(3B)In deciding whether to make the order, the Secretary of State must have regard to the likely effect of the creation of the proposed EPB on economic development or regeneration in each local government area that is next to any part of the proposed EPB area.

(6)In section 102 (requirements in connection with changes to existing EPB arrangements), after subsection (2) insert—

(2A)Subsection (2B) applies where the Secretary of State is considering whether to make an order under section 95 and—

(a)part of the area to be created is separated from the rest of it by one or more local government areas that are not within the area, or

(b)a local government area that is not within the area to be created is surrounded by local government areas that are within the area.

(2B)In deciding whether to make the order under section 95, the Secretary of State must have regard to the likely effect of the proposed change to the EPB’s area on economic development or regeneration in each local government area that is next to any part of the area to be created by the order.

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