Commentary on Sections Part 1: Regional Functions Sections 7-10: RSS
32.These sections set out the Secretary of State's functions in relation to a draft revision of an RSS and provide, as part of the consultation process, for the holding of an examination in public.
33.Following submission of a draft revision to the Secretary of State, anyone may make representations on the draft and the Secretary of State may arrange for an examination in public. It is the Secretary of State's intention that it will only be in the exceptional circumstances of a minor revision, and subject to the criteria set out in section 7(4), that there will not be an examination. The examination is held before a person appointed by the Secretary of State who must report his findings to the Secretary of State. No one has a right to be heard at the examination. The Secretary of State must consider the report of the examination together with any representations made on the draft RSS (to the extent that these have not already been considered during the course of an examination) before publishing any changes he proposes to make with the reasons for them. After considering any representations on the draft changes, the Secretary of State must publish the revision to the RSS with reasons for any changes unless he withdraws it.
34.The Secretary of State may direct an RPB to prepare a draft revision of the RSS and may specify which aspects of the RSS are to be revised and within what time frame. Where the RPB fails to act in accordance with such a direction, or where the RPB fails to comply with certain regulations made by the Secretary of State, the Secretary of State may prepare a draft revision and make regulations as to the manner in which this will occur. The Secretary of State may revoke all or parts of an RSS if he thinks it necessary to do so.