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Localism Act 2011

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This is the original version (as it was originally enacted).

119Regulations under section 117: supplementary

Explanatory NotesShow EN

(1)Regulations under section 117 may make provision about procedures to be followed in connection with charges imposed by the regulations.

(2)The regulations may make provision about—

(a)procedures to be followed by a local planning authority proposing to start or stop imposing a charge,

(b)procedures to be followed by a local planning authority in relation to the imposition of a charge,

(c)the arrangements of a local planning authority for the making of any decision prescribed by the regulations,

(d)consultation,

(e)the publication or other treatment of reports,

(f)timing and methods of publication,

(g)making documents available for inspection,

(h)providing copies of documents (with or without charge),

(i)the form and content of documents,

(j)giving notice,

(k)serving notices or other documents, and

(l)procedures to be followed in connection with actual or potential liability for a charge.

(3)Provision made by the regulations as a result of subsection (2)(c) is to have effect despite provision made by any enactment as to the arrangements of a local planning authority for the exercise of their functions (such as section 101 of the Local Government Act 1972 or section 13 of the Local Government Act 2000).

(4)Regulations under section 117 may make provision binding the Crown.

(5)Regulations under section 117 may make—

(a)provision applying any enactment (with or without modifications), and

(b)provision for exceptions.

(6)A local planning authority must have regard to any guidance issued by the Secretary of State in the exercise of any of their functions under regulations under section 117.

(7)For the purposes of sections 117 and 118 and this section “local planning authority” means an authority that have made or have power to make—

(a)a neighbourhood development order under section 61E of the Town and Country Planning Act 1990, or

(b)a neighbourhood development plan under section 38A of the Planning and Compulsory Purchase Act 2004.

(8)Nothing in section 117, 118 or this section that authorises the inclusion of any particular kind of provision in regulations under section 117 is to be read as restricting the generality of the provision that may be included in the regulations.

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