Part 2

National policy statements

Consultation on publicity requirements
8
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) , (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”),
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.
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.
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.
S. 8 in force at 6.4.2009 by S.I. 2009/400, art. 2
Words 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)
S. 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)
S. 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)
S. 8(5) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 130(12), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)
S. 8(1) excluded (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 25(1)