31AR.—(1) The Minister shall consider the recommendations of the Office in the notice under section 31AQ and—

(a) where the Minister agrees with the opinion of the Office as expressed in the notice issued under section 31AQ(7), then the Minister shall proceed, pursuant to section 31A, to issue a notice for the purposes of subsections (3) and (4) of that section, or

(b) where the Minister does not so agree with the Office, then the Minister shall—

(i) prepare a statement in writing of his or her reasons for not agreeing,

(ii) cause that statement to be laid before each House of the Oireachtas,

(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Planning, and Local Government.

(2) As soon as practicable after a statement has been prepared under subsection (1)(b), the Minister shall cause a copy of it to be sent to the Office and to the regional assembly concerned and the Office and that regional assembly shall, as soon as practicable thereafter, make it available on their respective websites.

(3) Where the Minister issues a notice under section 31A for the purposes of subsection (3) or (4) of that section—

(a) the notice shall specify that the report of the director of the regional assembly concerned on the submissions on the draft direction shall be made to the Office, and

(b) the director of the regional assembly shall act accordingly.

(4) The Office shall consider the report of the director of the regional assembly concerned on the submissions, together with any submission made under section 31A(10) and shall recommend to the Minister that he or she issue the direction with or without minor amendments or where the Office believes that—

(a) a material amendment to the draft direction may be required,

(b) further investigation is necessary in order to clarify any aspect of the report furnished or submissions made, or

(c) it is necessary for any other reason,

then the Office may, for stated reasons, appoint a person to be an inspector no later than 3 weeks after the date of receipt of the director’s report.

(5) The inspector appointed, under subsection (4), shall—

(a) be a person who, in the opinion of the Office, has satisfactory experience and competence to perform the functions required of him or her under this section, and

(b) be independent in the performance of those functions.

(6) The inspector—

(a) shall review the draft direction, the report of the director of the regional assembly furnished and any submissions made,

(b) shall consult with the director and members of the regional assembly,

(c) any persons who made submissions, and

(d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Office.

(7) Copies of the report of the inspector under subsection (6) shall—

(a) be furnished without delay by the Office to the director of the regional assembly concerned, and

(b) be made available electronically, in such manner as the Office considers appropriate in the circumstances, to persons who made submissions.

(8) Any person to whom a copy of the report of the inspector has been furnished or made available may make a submission to the Office in relation to any matter referred to in the report no later than 10 days after—

(a) where subsection (7)(a) applies, the report was furnished to him or her, or

(b) where subsection (7)(b) applies, the report was made available to him or her.

(9) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Office may decide) after receipt of the report of the inspector, or of any submissions made to him or her, the Office, having considered the report, recommendations or submissions, as the case may be, shall recommend to the Minister for stated reasons—

(a) to issue the direction,

(b) not to issue the direction, or

(c) to issue the direction, which has been amended by the Office to take account of any of the following matters as the Office considers appropriate:

(i) recommendations contained in the report of the inspector;

(ii) any submissions made,

and, where paragraph (a) or (c) applies and the Minister agrees with the recommendation, then he or she shall, subject to subsection (16) issue the direction under section 31A with or without minor amendments.

(10) A copy of the recommendations issued to the Minister under subsection (9), the report of the inspector and any submissions made shall be made available on the website of the Office and be sent to the relevant regional assembly.

(11) From the adoption of a regional spatial and economic strategy—

(a) such provisions as—

(i) are required to be included in the regional spatial and economic strategy by virtue of a direction issued by the Minister under section 31A, and

(ii) are not so included,

shall be deemed to be included in that regional spatial and economic strategy, and

(b) such provisions of the regional spatial and economic strategy as do not comply with a direction so issued shall be deemed not to be included in that regional spatial and economic strategy.

(12) The Minister shall cause a copy of a direction issued to be laid before each House of the Oireachtas.

(13) As soon as may be after a direction is issued to a regional assembly under this section, the regional assembly shall make the direction so issued available by placing it on the website of the assembly.

(14) A copy of the direction issued by the Minister under section 31A shall be copied to the Office and made available on its website.

(15) The Minister shall publish a copy of the direction issued under section 31A on the website of the Department of Housing, Planning and Local Government.

(16) (a) Where the giving of a direction by the Minister in accordance with subsection (9) would require the making of a material alteration to a regional spatial and economic strategy, the Minister shall, not later than 3 weeks after the making of the recommendation by the Office under that subsection—

(i) publish a notice of the material alteration that would be so required in at least one newspaper circulating in the administrative areas of the local authorities to which the regional spatial and economic strategy applies, and

(ii) send a copy of that notice to the planning authorities concerned, the regional assembly concerned, the Office, the Board and the prescribed authorities.

(b) The Minister shall, before giving a direction in accordance with subsection (9), determine—

(i) whether or not a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a regional spatial and economic strategy that would be required in order to comply with the direction, and

(ii) where he or she determines that a strategic environmental assessment or an appropriate assessment is so required, the period that it would take to carry out such strategic environmental assessment or appropriate assessment.

(c) Where the Minister makes a determination under paragraph (b) that a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a regional spatial and economic strategy that would be required in order to comply with the direction, he or she shall publish a notice of that determination in at least one newspaper circulating in the administrative areas of the local authorities to which the proposed regional spatial and economic strategy is intended to apply.

(d) A copy of the determination under paragraph (b) and a copy of the proposed material alteration to the regional spatial and economic strategy concerned shall, for a period of not less than 4 weeks from the date of the determination, be made available for inspection—

(i) by members of the public at such place and at such times as are specified in the notice referred to in paragraph (c), and

(ii) on the internet website of the Minister, the internet website of the regional assembly concerned and the internet websites of the planning authorities to which the proposed regional spatial and economic strategy concerned is intended to apply.

(e) A notice to which paragraph (c) applies shall—

(i) state that a determination under paragraph (b) has been made for the purposes of giving direction in accordance with subsection (9),

(ii) specify the place at which and times during which copies of the determination under paragraph (b) and the proposed material alteration to the regional spatial and economic strategy concerned will be made available for inspection by members of the public,

(iii) state that such copies will be available for inspection on the internet website of the Minister and the internet website of the planning authorities to which the proposed regional spatial and economic strategy concerned is intended to apply,

(iv) invite written submissions or observations with respect to the proposed material alteration or a strategic environmental assessment or appropriate assessment required to be carried out by virtue of the said determination to be made to the Minister before the expiration of such period as specified in the notice, and

(v) that any such submissions or observations shall be taken into account by the Minister in giving a direction in accordance with subsection (9).

(f) The Minister shall carry out a strategic environmental assessment, appropriate assessment, or both, of the proposed material alteration of the regional spatial and economic strategy within the period determined by the Minister in accordance with paragraph (b).

(g) The Minister shall, not later than 8 weeks after the publication of a notice under paragraph (c), prepare a report on any submissions or observations received in accordance with that notice.

(h) A report under paragraph (h) shall—

(i) specify the persons who made submissions or observations in accordance with the notice under paragraph (c),

(ii) provide a summary of those submissions and observations, and

(iii) set out the response of the Minister to those submissions and observations.

(i) The Minister shall, in setting out his or her response to submissions or observations in accordance with the notice under paragraph (c), take account of the following:

(i) the proper planning and sustainable development of the administrative areas of the local authorities to which the proposed regional spatial and economic strategy is intended to apply,

(ii) the duties under statute of the local authorities within whose administrative areas the proposed regional spatial and economic strategy is intended to apply,

(iii) the necessity of ensuring that the proposed regional spatial and economic strategy will be consistent with—

(I) the national and regional development objectives set out in the National Planning Framework,

(II) specific planning policy requirements specified in guidelines under section 28(1), and

(III) policies or objectives for the time being of the Government or of any Minister of the Government.]