- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
22. (1) Subject to paragraph (2), section 15 of the 2004 Act (local development scheme) shall have effect in relation to a shadow council or a preparing council which is a county council as if—
(a)the geographical area required by subsection (2) to be specified in the scheme did not include such part of the council’s area as relates the area of a predecessor council whose functions under Part 2 of the 2004 Act have been delegated to a joint committee; and
(b)in paragraph (b) of subsection (3), for the words from “at such time” to the end of that paragraph, there were substituted “not later than three months before the reorganisation date” (and, accordingly, regulation 10(1) of the 2004 Regulations does not apply).
(2) The modification made by paragraph (1) does not have effect as regards any minerals and waste development scheme under section 16 of the 2004 Act.
(3) A scheme submitted by a shadow council or a preparing council which is a county council in accordance with section 15 of the 2004 Act as modified by paragraph (1) must specify the documents (if any)—
(a)to which paragraph (4) applies; and
(b)that were specified by a predecessor council or a joint committee in its local development scheme as documents that were to be local development documents.
(4) This paragraph applies to any document adopted by the predecessor council or the joint committee which the shadow council or a preparing council which is a county council has adopted or intends to adopt without revision, to revise, or to invite the Secretary of State to revoke(1).
As to the power to revise a local development document, see section 26 of the 2004 Act.
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.
Click 'View More' or select 'More Resources' tab for additional information including: