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The Local Authorities’ Plans and Strategies (Disapplication) (England) (Amendment) Order 2009
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- 2009 No. 714
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Order)
The Local Authorities’ Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157) (“the principal Order”) disapplies seven separate obligations to prepare, produce or (as the case may be) publish particular plans and strategies where authorities are categorised as excellent, by an order made under section 99(4) of the Local Government Act 2003.
This amending Order alters the scope of five of the disapplications in the principal Order.
Article 3 inserts new definitions of “3 stars authority” and “4 stars authority” which relate to categorisations made by the Local Authorities (Categorisation) (England) Order 2006 (S.I. 2006/3096) by the Secretary of State under the power provided in section 99 of the Local Government Act 2003.
Article 4 extends the exemption from the requirement to prepare homelessness strategies to 3 and 4 stars authorities as well as excellent authorities.
Article 5 extends the exemption from the requirement to prepare home energy conservation reports to 3 and 4 stars authorities as well as excellent authorities.
Article 6 amends the exemption from the requirement to prepare and publish rights of way improvement plans by applying the exemption to 4 stars authorities in place of excellent authorities.
Article 7 amends the exemption from requirements to prepare local transport plans by applying the exemption to 4 stars authorities in place of excellent authorities and makes a consequential change to a modification made to the Transport Act 2000 by Schedule 2 to the principal Order.
Article 8 extends the exemption from the requirement to prepare action plans in relation to air quality by applying the exemption to 4 stars as well as excellent authorities and makes consequential changes to modifications made to section 85 of the Environment Act 1995 by the principal Order.
A full impact assessment has not been produced for this instrument as no impact on business or the private or voluntary sectors is foreseen.
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