The Sustainable Communities Regulations 2012

• Citation: S.I. 2012/1523
• Sections: 6

Section 1 Citation, commencement and application

These Regulations—

(a) may be cited as the Sustainable Communities Regulations 2012;

(b) come into force on 26th July 2012; and

(c) apply in relation to England only.

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Sustainable Communities Act 2007;

“interested local persons” in relation to a local authority’s proposal means persons living, working or studying in the authority’s area who have an interest in the subject matter of a proposal;

“proposal” means a proposal made by a local authority in response to an invitation by the Secretary of State under section 5A (subsequent invitations) of the Act; and

“publish” means publish on a publicly accessible website.

Section 3 Local authorities: mandatory steps before making proposals

Before making a proposal, a local authority must—

(a) consult and try to reach agreement about the proposal with persons who in the opinion of the authority are representatives of interested local persons; and

(b) have regard to guidance issued by the Secretary of State.

Section 4 Duties of the Secretary of State in response to a proposal

In response to a proposal, the Secretary of State must—

(a) consider the proposal and decide whether to implement it, in whole or in part;

(b) publish—

(i) the decision in relation to the proposal, giving reasons;

(ii) the action that is to be taken, if the proposal is implemented, in whole or in part; and

(iii) an update in relation to implementation if that action has not been completed within one year from the date the proposal was submitted by the local authority.

Section 5 Role of the selector

(1) The Secretary of State must appoint a person (the “selector”).

(2) The selector must be a person who represents the interests of local authorities.

(3) A local authority whose proposal has been rejected, in whole or in part, by the Secretary of State may submit that proposal to the selector.

(4) The role of the selector is to—

(a) consider a proposal, or part of a proposal, submitted to it under paragraph (3);

(b) in considering whether or not to submit a proposal under sub-paragraph (c), or part of a proposal, take into account the views of the advisory panel, consisting of such other persons who represent the interests of local authorities or interested local persons as the selector thinks fit;

(c) submit that proposal, or part of a proposal, to the Secretary of State for reconsideration if, in its opinion, it—

(i) would promote the sustainability of local communities; and

(ii) could and should be taken forward by the Secretary of State;

(d) at the same time as the proposal or part of a proposal is submitted under sub-paragraph (c), submit its reasons for holding that opinion.

Section 6 Duties of the Secretary of State in response to a resubmitted proposal

After receiving a submission with reasons from the selector under regulation 5(4)(c) and (d) the Secretary of State must—

(a) publish the submission of the selector with its reasons;

(b) consult and try to reach agreement with the selector before making a decision as to whether or not to implement the submitted proposal, in whole or in part;

(c) publish the decision of the Secretary of State as to whether or not the submitted proposal is to be implemented, in whole or in part, giving reasons; and

(d) where the proposal is to be implemented, in whole or in part, publish—

(i) the action that is to be taken; and

(ii) an update in relation to implementation if that action has not been completed within one year from the date the proposal was submitted by the selector.