Section 6: Review, Planning Act 2008

The Secretary of State—

must review each national policy statement whenever the Secretary of State thinks it appropriate to do so, and

in any event, must carry out a full review of each national policy statement at times that enable the Secretary of State to comply with subsection (5A).

A review may relate to all or part of a national policy statement , and in this section a "full review" means a single review relating to all of a national policy statement.

In deciding when to review a national policy statement the Secretary of State must consider whether—

since the time when the statement was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the statement was decided,

the change was not anticipated at that time, and

if the change had been anticipated at that time, any of the policy set out in the statement would have been materially different.

In deciding when to review part of a national policy statement ("the relevant part") the Secretary of State must consider whether—

since the time when the relevant part was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part was decided,

the change was not anticipated at that time, and

if the change had been anticipated at that time, any of the policy set out in the relevant part would have been materially different.

Whenever the Secretary of State decides to review a national policy statement, the Secretary of State must lay a statement before Parliament announcing the review.

After completing a review of all or part of a national policy statement the Secretary of State must do one of the following—

amend the statement;

withdraw the statement's designation as a national policy statement;

leave the statement as it is.

But, unless and until a statement's designation as a national policy statement is withdrawn—

the Secretary of State must amend each national policy statement within the initial period (see section 6ZA), and

the Secretary of State must subsequently amend each national policy statement at intervals of no more than five years.

An amendment of a national policy statement counts for the purposes of subsection (5A) only if the amendment arises from a full review of the statement.

An amendment of a national policy statement that is required by subsection (5A) to be made by a certain time may be delayed beyond that time only if and for so long as exceptional circumstances exist which, in the opinion of the Secretary of State, make the delay unavoidable.

In that case the Secretary of State must, before the deadline for amending the national policy statement, lay a statement before Parliament explaining the reasons for the extension and stating when the Secretary of State expects to amend the national policy statement.

Before amending a national policy statement the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the proposed amendment.

The Secretary of State may amend a national policy statement only if the consultation and publicity requirements set out in section 7, and the parliamentary requirements set out in section 9, have been complied with in relation to the proposed amendment and—

the consideration period for the amendment has expired without the House of Commons resolving during that period that the amendment should not be proceeded with, or

the amendment has been approved by resolution of the House of Commons—

after being laid before Parliament ..., and

before the end of the consideration period.

In subsection (7) "the consideration period", in relation to an amendment, means the period of 21 sitting days beginning with the first sitting day after the day on which the amendment is laid before Parliament ..., and here "sitting day" means a day on which the House of Commons sits.

Subsections (6) to (7A) do not apply if the Secretary of State thinks that the proposed amendment (taken with any other proposed amendments) does not materially affect the policy as set out in the national policy statement.

If the Secretary of State amends a national policy statement, the Secretary of State must—

arrange for the amendment, or the statement as amended, to be published, and

lay the amendment, or the statement as amended, before Parliament.

In subsections (7)(b)(i) and (7A), references to an amendment being laid before Parliament are references to—

in the case of an amendment that is, or is included in, a proposal to which subsections (4) to (8) of section 9 do not apply (see section 9(8A)), the amendment being laid under section 9(2);

in any other case, the amendment being laid under section 9(8).

Section 6: Review

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