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The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

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Continuity in relation to other plans, schemes, statements and strategies

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14.  (1)  Subject to paragraph (2) where, pursuant to a requirement imposed by or under any enactment (whether the requirement has direct effect in relation to the council concerned or because the enactment or provision that imposes the requirement applies to the council by virtue of an order or resolution), a plan, scheme, statement or strategy is prepared and, where required by the enactment or provision, published—

(a)before the reorganisation date, by any council that is a predecessor council of its related single tier council; or

(b)before the date on which the section 7 order came into force, by the preparing council of its related single tier council,

the plan, scheme, statement or strategy shall be treated, for the period specified in paragraph (3), as if it had been prepared and, if so required, published by the single tier council for the whole or such part of its area as corresponds to the area to which the particular plan, scheme, statement or strategy relates.

(2) Paragraph (1) does not apply—

(a)in relation to a plan, scheme, statement or strategy of a description referred to in regulation 12(1) or 13(1); or

(b)where different provision is made in regulations under section 14 of the 2007 Act.

(3) The period referred to in paragraph (1) begins on the reorganisation date and ends on the date on which the single tier council concerned publishes a plan, scheme, statement or strategy which—

(a)extends to the whole of its area; and

(b)is prepared in substitution for the plan, scheme, statement or strategy prepared by its related predecessor or preparing council (whether that substitution is made expressly or by necessary implication).

(4) Nothing in paragraph (1) shall affect the continued validity of a plan, scheme, statement or strategy after the end of the period specified in paragraph (3) for any transitional purpose specified in the plan, scheme, statement or strategy prepared by the single tier council.

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