Legislation – The North East Mayoral Combined Authority (Establishment and Functions) Order 2024

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PART 7Housing, regeneration and planning

Adaptation of enactments in consequence of article 3738.

(1)

This article has effect in consequence of article 37(1).

(2)

Part 8 of the 1999 Act applies in relation to the preparation and publication of a spatial development strategy by the Combined Authority as it applies in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 1 of Schedule 5.

(3)

Sections 343 (regulations) and 420 (orders and regulations) of the 1999 Act apply in relation to the functions of the Secretary of State to make regulations by statutory instrument in relation to all or any of the following—

(a)

the form and content of the spatial development strategy published by the Combined Authority;

(b)

the documents (if any) the Secretary of State requires to accompany the spatial development strategy published by the Combined Authority;

(c)

the procedure to be followed by the Combined Authority in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy, or in connection with any review under section 339 as modified by Part 1 of Schedule 5; and

(d)

the procedure to be followed at an examination in public examining matters affecting the consideration of the spatial development strategy,

as they apply in relation to the functions of the Secretary of State to make such regulations in relation to the spatial development strategy published by the Mayor of London.

(4)

Subject to paragraph (6) and to Schedule 5, in any enactment (whenever passed or made)—

(a)

any reference to a spatial development strategy; or

(b)

any reference which falls to be read as a reference to a spatial development strategy,

is to be treated as including a reference to a strategy prepared and published in accordance with the functions conferred by article 37(1).

(5)

Sections 19 (preparation of local development documents), 24 (conformity with regional strategy), 37 (interpretation), 38 (development plan) and 113 (validity of strategies, plans and documents) of the 2004 Act76 apply in relation to the preparation and publication of a spatial development strategy by the Combined Authority as they apply in relation to the preparation and publication of a spatial development strategy by the Mayor of London, with the modifications made by Part 2 of Schedule 5.

(6)

Paragraph (4) does not apply to—

(a)

section 41 of the 1999 Act (general duties of the Mayor in relation to his strategies)77;

(b)

section 356A of the 1999 Act (London Waste and Recycling Board)78; and

(c)

the Town and Country Planning (London Spatial Development Strategy) Regulations 200079.