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Part 4CONSEQUENTIAL AMENDMENTS

Amendment of the Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 200810.

(1)

The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 20085 are amended as follows.

(2)

In regulation 18, in the definition of “joint committee”, for “an order under section 29(2)” substitute “regulations made under section 15J(2), or treated as established by regulations made under section 15J,”.

(3)

In regulation 19—

(a)

for the heading substitute “Plans”;

(b)

for paragraph (1), substitute—

“(1)

Any of the following documents or plans adopted by a predecessor council, or approved under the 2004 Act, before the reorganisation date, have effect on and after that date as if it had been adopted by that council’s related planning successor, or approved for such part of its area as corresponds to the area to which the document or plan relates—

(a)

a document which is to be or form part of a minerals and waste plan;

(b)

a local development document;

(c)

a local plan;

(d)

a supplementary plan.”;

(c)

in paragraph (3), after “document” insert “or plan”;

(d)

in paragraph (4), for “local development document under section 23” substitute “local plan and the document or documents which are to form their minerals and waste plan under section 15EA”;

(e)

in paragraph (5)—

(i)

for “adoption of a document” substitute “adoption of a plan and adoption of a document or documents”;

(ii)

after “replace a document” insert “or plan”;

(f)

in paragraph (6)—

(i)

after “replacing a document” insert “or plan”;

(ii)

for “a document which was prepared” substitute “a document or plan which was prepared”;

(g)

in paragraph (7)—

(i)

in sub-paragraph (a), after “local development document under section 23 of the 2004 Act” insert “, a document which is to be or form part of a minerals and waste plan, a local plan or a supplementary plan under section 15EA of the 2004 Act”;

(ii)

in sub-paragraph (b), after “adopted such a document” insert “or plan”;

(iii)

in the words after sub-paragraph (b), after “prepare and adopt such a document” insert “or plan”.

(4)

In regulation 24—

(a)

in paragraph (1), for “An order under section 29” substitute “Regulations made under section 15J, or an order treated as made under section 15J,”;

(b)

in paragraph (2)—

(i)

for “section 29” substitute “section 15J”;

(ii)

for “subsection (9)” substitute “subsection (11)”;

(c)

in paragraph (5)(a)—

(i)

for “section 29(1)” substitute “section 15J(1)”;

(ii)

for “order under that section gives” substitute “regulations under that section give”;

(d)

in paragraph (6)—

(i)

for “the order under section 29” substitute “the regulations made under section 15J of the 2004 Act, or treated as made under that section,”;

(ii)

for “section 29 of the 2004 Act” substitute “section 15J”;

(iii)

in sub-paragraph (a), for “subsection (5)” substitute “subsection (6)”;

(iv)

in sub-paragraph (b), for “subsection (5)(a)” substitute “subsection (6)(a)”.