Local Government, Planning and Land Act 1980

PART IIModification of Scheme, Etc

Modification of scheme

9(1)Where an order has been made under paragraph 5 above, the Secretary of State may invite the enterprise zone authority to prepare modifications to the scheme.

(2)The invitation may contain directions as to the drawing up of the modifications (in particular, as to their form or content or any consultations to be made).

10(1)The enterprise zone authority may prepare modifications to a scheme in draft in accordance with the terms of the invitation.

(2)Paragraphs 2(2) and (3), 3 and 4 above shall apply in relation to modifications to a scheme as they apply in relation to a scheme.

11(1)If an enterprise zone authority adopts modifications to a scheme, the Secretary of State may (if he thinks it expedient to do so) notify the authority of his approval of them.

(2)No such notification may be given until—

(a)the expiry of the period of six weeks commencing with the first publication (whether in the London or Edinburgh Gazette or otherwise) under paragraph 3(8) above (as applied by paragraph 10 above); or

(b)if an application in relation to the scheme is made under paragraph 4(1) above (as so applied), the time at which any proceedings arising out of the application are disposed of,

whichever is the later.

(3)The notification shall specify the date of the modifications taking effect (the effective date of modification).

12(1)As soon as practicable after the date of the notification, the enterprise zone authority shall publish an advertisement in accordance with sub-paragraphs (2) and (3) below.

(2)The advertisement shall contain—

(a)a statement that the Secretary of State has notified the authority of his approval of the modifications; and

(b)a statement that a copy of the modifications can be inspected without payment; and

(c)a statement of the address where and times when they can be inspected.

(3)The advertisement shall be published—

(a)in the London Gazette or, if the scheme relates to an enterprise zone in Scotland, the Edinburgh Gazette ; and

(b)on at least two occasions, in a newspaper circulating in the enterprise zone.

13The power to modify a scheme under the preceding provisions of this Part of this Schedule includes power wholly to replace a scheme.

14In the following provisions of this Schedule references to a modified scheme are references to a scheme modified under this Part of this Schedule.

Modification of orders by Secretary of State

15(1)Subject to sub-paragraph (3) below, the Secretary of State may (if he thinks it expedient to do so) by order modify any order made under paragraph 5 above.

(2)Without prejudice to the generality of sub-paragraph (1) above, an order under this paragraph—

(a)may extend the period for which the zone is to remain an enterprise zone ; and

(b)may provide—

(i)if the enterprise zone is in England or Wales, that the enterprise zone authority shall be the local planning authority for the zone for different purposes of the 1971 Act, or in relation to different kinds of development; and

(ii)if the enterprise zone is in Scotland, that the enterprise zone authority shall be the planning authority exercising district planning functions (within the meaning of section 172 of the 1973 Act) for the zone for different purposes of the 1972 Act, or in relation to different kinds of development.

(3)The power conferred by sub-paragraph (1) above does not include—

(a)power to alter the boundaries of an enterprise zone ;

(b)power to designate a different enterprise zone authority for the zone ; or

(c)power to reduce the period for which the zone is to remain an enterprise zone.

(4)The power to make an order under this paragraph shall be exercisable—

(a)by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, and

(b)only with the Treasury's consent.

(5)The power to amend orders conferred by section 14 of the [1978 c. 30.] Interpretation Act 1978 does not include power to amend an order made under this paragraph.

(6)The power to revoke orders conferred by that section does not include power to revoke any order made under this paragraph which extends the period for which a zone is to remain an enterprise zone before the expiry of the extended period.

Change of enterprise zone authority

16(1)This paragraph applies where—

(a)the body designated as an enterprise zone authority is a new town corporation or an urban development corporation; and

(b)the Secretary of State intends to make an order dissolving that body under section 41 of the [1965 c. 59.] New Towns Act 1965 or section 36 of the [1968 c. 16.] New Towns (Scotland) Act 1968 or under section 166 above.

(2)Where this paragraph applies, the Secretary of State may by order made by statutory instrument designate as the enterprise zone authority for the zone any body which he could have invited to prepare a scheme for the area comprised in the zone under paragraph 1 above.

(3)An order under this paragraph shall specify the date on which the body is to become the enterprise zone authority.