Part 2E+W+SNational policy statements

8Consultation on publicity requirementsE+W+S

(1)In deciding what steps are appropriate for the purposes of section 7(5), the Secretary of State must consult—

(a)each local authority that is within subsection (2)[F1, (3) or (3A)], and

(b)the Greater London Authority, if any of the locations concerned is in Greater London.

(2)A local authority is within this subsection if any of the locations concerned is in the authority's area.

(3)A local authority (“A”) is within this subsection if—

(a)any of the locations concerned is in the area of another local authority (“B”),

[F2(aa)B is a unitary council or a lower-tier district council,] and

(b)any part of the boundary of A's area is also a part of the boundary of B's area.

[F3(3A)If any of the locations concerned is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this subsection if—

(a)D is not a lower-tier district council, and

(b)any part of the boundary of D's area is also part of the boundary of C's area.]

(4)In this section “local authority” means—

(a)a county council, or district council, in England;

(b)a London borough council;

(c)the Common Council of the City of London;

(d)the Council of the Isles of Scilly;

(e)a county council, or county borough council, in Wales;

(f)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

(g)a National Park authority;

(h)the Broads Authority.

[F4(5)In this section—

  • “lower-tier district council” means a district council in England for an area for which there is a county council;

  • “unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

  • “upper-tier county council” means a county council in England for each part of whose area there is a district council.]

Textual Amendments

F1Words in s. 8(1)(a) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(9), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F2S. 8(3)(aa) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(10), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F3S. 8(3A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(11), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I1S. 8 in force at 6.4.2009 by S.I. 2009/400, art. 2