Part IE+W Planning Authorities

Modifications etc. (not altering text)

2 Joint planning boards.E+W

(1)If it appears to the Secretary of State that it is expedient that a joint board should be established as the county planning authority for the areas or parts of the areas of any two or more county councils or as the district planning authority for the areas or parts of the areas of any two or more district councils, he may by order—

(a)constitute those areas or parts as a united district for the purposes of this Act; and

(b)constitute a joint board F1. . . as the county planning authority or, as the case may be, the district planning authority for that united district.

[F2(1A)Subsection (1) does not apply in relation to Wales.

F2(1B)If it appears to the Secretary of State that it is expedient that a joint board should be established as the local planning authority for two or more areas, each of which is the whole or part of a Welsh county or county borough, he may by order—

(a)constitute those areas or parts as a united district for the purposes of this Act; and

(b)constitute a joint board as the local planning authority for that united district.

F2(1C)A joint board constituted under subsection (1) or (1B) shall be known as a “joint planning board”.]

[F3(1D)The areas that may be constituted as a united district for the purposes of this section shall not include the whole or any part of an area which is comprised in a National Park for which there is a National Park authority.]

(2)The Secretary of State shall not make [F4an order under subsection (1) or (1B)] except after holding a local inquiry unless all the councils concerned have consented to the making of the order.

(3)Where a joint planning board is constituted for a united district, references in the planning Acts to the area of a local planning authority—

(a)in relation to the board, shall be construed as references to that district; and

(b)in relation to any local planning authority being the council of a county [F5or county borough] or district of which part (but not the whole) is included in the united district, shall be construed as references to so much of the county [F5or county borough] or district as is not so included.

(4)A joint planning board constituted by an order under subsection (1) [F6or (1B)] shall consist of such number of members as may be determined by the order, to be appointed by the constituent councils.

(5)A joint planning board so constituted shall be a body corporate, with perpetual succession and a common seal.

(6)An order constituting a joint planning board and any order amending or revoking any order constituting a joint planning board—

(a)may, without prejudice to the provisions of section 241 of the M1Local Government Act 1972 (which authorises the application of the provisions of that Act to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent councils;

(b)may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and apportionment of liabilities;

(c)may contain such other provisions as appear to the Secretary of State to be expedient for enabling the board to exercise their functions; and

(d)may apply to the board, with any necessary modifications and adaptations, any of the provisions of sections 102 and 103 of the Local Government Act 1972.

[F7[F8(6A)Section 241 of the Local Government Act 1972 shall be taken to authorise the application to a joint planning board, by such an order as is mentioned in subsection (6) above, of any provisions mentioned in subsection (6B) below (as well as any provisions of the Local Government Act 1972), subject to any necessary modifications.

(6B)The provisions referred to in subsection (6A) above are—

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Part 2 of the Public Audit (Wales) Act 2004, except sections 25, 26, 46 to 49 and 56.]]

(7)This section shall have effect subject to sections 5 to 9 of this Act F10. . ..

Textual Amendments

F2S. 2(1A)-(1C) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, ss. 19(1), 66(7), Sch. 17 para. 13 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F3S. 2(1D) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1) (with art. 2(2))

F4Words in s. 2(2) substituted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, ss. 19(4)(b), 66(7), Sch. 17 para. 13 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F5Words in s. 2(3) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, ss. 19(4)(c), 66(7), Sch. 17 para. 13 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F6Words in s. 2(4)(d) inserted (3.4.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, ss. 19(4)(d), 66(7), Sch. 17 para. 13 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F7S. 2(6A) inserted (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 42 (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2

F8S. 2(6A)(6B) substituted for s. 2(6A) (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 66, 73, Sch. 2 para. 13; S.I. 2005/558, art. 2 (with art. 3)

F10Words in s. 2(7) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Marginal Citations