12—Variation of Proclaimed Shopping District
(1) Subject to this
section, a council may, by instrument in writing under its common seal, make
application to the Minister that—
(a) the
whole or any part of the area of the council be declared to be a
Proclaimed Shopping District; or
(b) the
area of a Proclaimed Shopping District be varied so that it includes or ceases
to include the whole or any part of the area of the council; or
(c) a
Proclaimed Shopping District comprising the whole or a part of the area of the
council be abolished.
(2) An application for
the declaration of a Proclaimed Shopping District cannot be made unless the
proposed Proclaimed Shopping District would comprise—
(a) a
municipality; or
(b) an
area of not less than 90 square kilometres.
(3) An application to
vary the area of a Proclaimed Shopping District cannot be made unless the
area, as varied, would comprise—
(a) a
municipality; or
(b) an
area of not less than 90 square kilometres.
(4) An application
under this section may only be made in pursuance of a resolution of the
council.
(6) A council must not
make an application to the Minister under this section unless it has first
given interested persons an opportunity to express their views to the council
on the proposal and has had regard to the views expressed to it by interested
persons.
(7) In
subsection (6)—
"interested persons" means persons resident in the area of the council, and
shopkeepers and shop assistants resident outside the area, but employed or
engaged in shops within it.
(8) If an unsuccessful
application is made to the Minister under this section, a period of one year
must elapse before the same, or a substantially similar, application is made.