Section 4(1).
1(1)Where a designated district authority are satisfied that conditions in an area within the designated district which—E+W+S
(a)is predominantly an industrial area, a commercial area or an industrial and commercial area; or
(b)if developed in accordance with the development plan, would be predominantly such an area,
could be improved by the exercise of the powers conferred by section 5 or 6 above, the authority may, after consulting the other designated district authority, pass a resolution declaring the area to be an improvement area.
[F1(1A)In the application of sub-paragraph (1) above in relation to Wales, the words “after consulting the other designated district authority,” shall not apply.]
(2)A resolution under sub-paragraph (1) above shall specify the date on which it is to take effect, and that date shall not be earlier than the end of the period of three months beginning with the passing of the resolution.
(3)As soon as practicable after passing the resolution the authority shall—
(a)publish a notice of the effect of the resolution identifying the area and naming a place or places where a copy of the resolution and a map on which the area is defined may be inspected at all reasonable times; and
(b)send to the Secretary of State a copy of the resolution and a copy of the map.
Textual Amendments
F1Sch. para. 1(1A) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 55(6) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
2[F2(1)If the area declared to be an improvement area by a resolution under paragraph 1(1) above is wholly or partly included in an area of land designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the Secretary of State, if it appears appropriate to him—E+W+S
(a)may at any time before the resolution takes effect send to the authority a notification that the land included in the urban development area is not to be or to be included in the improvement area by virtue of the resolution; and
(b)may at any time after the resolution takes effect, send them a notification that the land included in the urban development area is no longer to be or to be included in the improvement area by virtue of it.]
(2)A notification under sub-paragraph (1)(a) above shall take effect on the date on which it is received by the authority.
(3)A notification under sub-paragraph (1)(b) above shall specify the date on which it is to take effect, and that date shall not be earlier than the end of the period of six months beginning with the sending of the notification.
(4)As soon as practicable after receiving the notification the authority shall publish a notice of the effect of the notification naming a place or places where a copy of the notification and, in the case of a notification affecting a part only of the area, a map on which that part of the area is defined may be inspected at all reasonable times.
Textual Amendments
3(1)At any time after a resolution under paragraph 1(1) above takes effect, the authority may pass a further resolution declaring that all or any part of the improvement area is no longer to be such an area.E+W+S
(2)A resolution under sub-paragraph (1) above shall take effect on the date on which it is passed.
(3)As soon as practicable after passing the resolution the authority shall—
(a)publish a notice of the effect of the resolution naming a place or places where a copy of the resolution and, in the case of a resolution affecting part only of the area, a map on which that part of the area is defined may be inspected at all reasonable times; and
(b)send to the Secretary of State a copy of the resolution and a copy of any map.
4E+W+SAny reference in this Schedule to publication of a notice is a reference to publication in two or more newspapers circulating in the locality, of which at least one shall, if practicable, be a local newspaper.
5E+W+SA notification under paragraph 2(1)(b) above, or a resolution under paragraph 3(1) above, shall not affect the continued operation of section 5 or 6 above in relation to any loan or grant the offer of which is accepted before the notification or resolution takes effect.