Schedule 4, Paragraph 3: Effect of a correction Schedule 5: Provision relating to, or to matters ancillary to, development Section 121: Proposed exercise of powers in relation to legislation
214.This section provides that before the Panel or Council can exercise its legislation powers under section 120(5)(a) and (b) it must send a draft of the proposed order granting development consent to the Secretary of State. If the Secretary of State considers that the provisions in the draft order would contravene European Community law or Convention rights under the Human Rights Act 1998, she may direct the Panel or Council to make specified changes to the order for the purpose of preventing the contravention arising. The Secretary of State must make any such direction within 28 days of receiving the draft order.