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41. (1) If the Secretary of State proposes to depart from the recommendations of the person appointed to carry out an examination under section 20, he must publish–
(a)the changes he proposes to make, and
(b)his reasons for doing so.
(2) As soon as reasonably practicable after the Secretary of State complies with paragraph (1) the local planning authority must–
(a)make copies of the changes and reasons and a statement of the matters in paragraph (3) available for inspection during normal office hours at the places at which the pre-submission proposals documents were made available under regulation 26(a);
(b)publish on their website–
(i)the changes and reasons,
(ii)the matters in paragraph (3),
(iii)a statement of the fact that the changes and reasons are available for inspection and the places and times at which they can be inspected;
(c)send copies of the changes and reasons to the bodies in paragraph (4) and notify these bodies of the matters in paragraph (3); and
(d)give notice by local advertisement of–
(i)the matters in paragraph (3),
(ii)the fact that the changes and reasons are available for inspection and the places and times at which they can be inspected.
(3) The matters referred to in paragraph (2) are–
(a)the period within which representations on the changes must be made;
(b)the address to which and, where appropriate, the person to whom representations (whether made by way of electronic communications or otherwise) must be sent; and
(c)a statement that any representations made may be accompanied by a request to be notified at a specified address of the Secretary of State’s decision under section 21(9)(a).
(4) The bodies referred to in paragraph (2)(c) are–
(a)each of the specific consultation bodies to the extent that the Secretary of State thinks the changes affect the body; and
(b)such of the general consultation bodies as the Secretary of State considers appropriate.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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