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Town and Country Planning Act 1990
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Changes over time for: Section 35B
Version Superseded: 28/09/2004
Alternative versions:
- 25/11/1991- Amendment
- 08/11/1995- Amendment
- 08/11/1995
Point in time - Stop date 28/09/2004- Amendment
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Point in time view as at 08/11/1995. This version of this provision has been superseded.
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F135B Examination in public.E+W
(1)Before adopting proposals for the alteration or replacement of a structure plan, the local planning authority shall, unless the Secretary of State otherwise directs, cause an examination in public to be held of such matters affecting the consideration of the proposals as—
(a)they consider ought to be so examined; or
(b)the Secretary of State directs.
(2)Where proposals are submitted to the Secretary of State in compliance with a direction under section 35A(1), he may cause an examination in public to be held of any matter specified by him.
(3)An examination in public shall be conducted by a person or persons appointed by the Secretary of State for the purpose.
(4)No person shall have a right to be heard at an examination in public.
(5)The following may take part in an examination in public—
(a)in the case of an examination held under subsection (1), the local planning authority; and
(b)in any case, any person invited to do so by the person or persons holding the examination or the person causing the examination to be held.
(6)The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at any examination in public.
(7)An examination in public shall constitute a statutory inquiry for the purposes of section l(l)(c) of the M1Tribunals and Inquiries Act 1971 but shall not constitute such an inquiry for any other purpose of that Act.
[F2(8)Without prejudice to section 303A(8) and (9), regulations may make provision with respect to the remuneration and allowances of any person or persons appointed by the Secretary of State to conduct an examination in public under this section.]
Textual Amendments
F1Ss. 32-40 substituted (25.11.1991 for certain purposes and otherwise 10.2.1992) for ss. 32-41 by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. I para. 17 (with s. 84(5)); S.I. 1991/2728, art. 2; S.I. 1991/2905, art. 4
F2S. 35B(8) added (8.11.1995) by 1995 c. 49, s. 1(5)
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