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Amendment of section 81 of Principal Act
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15. Section 81 of the Principal Act is amended—
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(a) by the insertion of the following subsection:
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“(1A) Notwithstanding the repeal of section 20 of the Act of 2000 by section 6, a local area plan to which subsection (8) applies shall remain in force until—
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(a) the expiration of such period as is specified in the plan, or
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(b) the first making of a development plan under Chapter 5 in respect of the functional area to which the plan relates,
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whichever occurs sooner.”,
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(b) in subsection (2), by the substitution of “subsection (1) or (1A)” for “subsection (1)”,
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(c) in subsection (6), by the substitution of “subsection (1) or (1A)” for “subsection (1)”,
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(d) by the insertion of the following subsection:
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“(6A) Notwithstanding the repeal of Part II, Part XAB or Chapter III of Part IIB of the Act of 2000 by section 6, the said Parts II and XAB and that Chapter shall continue to apply and have effect in relation to a local area plan for the time being in force by virtue of subsection (1) or (1A).”,
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(e) in subsection (7), by—
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(i) the substitution of “to which subsection (1) or (1A) applies” for “continued in force under subsection (1)” where it first occurs, and
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(ii) the substitution of the following paragraph for paragraph (c):
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“(c) a provision of a development plan—
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(i) continued in force under subsection (1) of section 68, or
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(ii) prepared, or varied, in accordance with section 69,
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that provision of that development plan shall take precedence.”,
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and
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(f) by the insertion of the following subsections:
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“(8) Where a planning authority complies with paragraphs (a) and (b) of subsection (3) of section 20 of the Act of 2000 before the commencement of the repeal of Part II of that Act—
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(a) Parts II and XAB, and Chapter III of Part IIB, of that Act shall, on and after such repeal, continue to apply and have effect for the purposes of—
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(i) the notice sent under subparagraph (i) of the said paragraph (a), and
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(ii) the notice published under subparagraph (ii) of that paragraph,
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and
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(b) the planning authority may, subject to the said Parts II and XAB and that Chapter, make the local area plan concerned, or make the amendment or revocation concerned, on or after such repeal.
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(9) References in this Act (other than Parts 3 and 6 and Chapter 3 of Part 18) to an urban area plan shall be construed as including references to a local area plan made under section 20 of the Act of 2000 for the time being in force by virtue of this section.”.
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