Planning and Development Act 2024
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Continuation in force of pre-commencement regional spatial and economic strategies | ||
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41. (1) Notwithstanding the repeal of section 21 of the Act of 2000 effected by section 6 , any regional spatial and economic strategy made under that section that was in force in respect of the region of a regional assembly immediately before such repeal shall, subject to subsection (3) and sections 36 and 37 , continue in force on and after that repeal— | ||
(a) for the remainder of the period stated in the strategy for which it is to remain in force, or | ||
(b) until a new regional spatial and economic strategy has been made under this Chapter in respect of the region to which the strategy relates, | ||
whichever is the shorter period. | ||
(2) A regional spatial and economic strategy continued in force under subsection (1) shall have effect as it if were a regional spatial and economic strategy made under this Chapter. | ||
(3) The Minister may, by order, for the purposes of ensuring the effective operation of this Part and subject to subsection (4) of section 40 , vary for such period as he or she considers appropriate, the period for which a regional spatial and economic strategy continued in force under subsection (1) is to remain in force. | ||
(4) Prior to making an order under subsection (3), the Minister shall comply with any applicable requirements of the Strategic Environmental Assessment Directive (and the Strategic Environmental Regulations) and the Habitats Directive (and Part 6 ). | ||
(5) Where a provision of a regional spatial and economic strategy continued in force under subsection (1) conflicts with a provision of the National Planning Framework for the time being in force, the latter shall take precedence. |