Planning (Consequential Provisions) Act 1990

In Part III of Schedule 2 to the Channel Tunnel Act 1987, in paragraph 27(8) for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”.

The Norfolk and Suffolk Broads Act 1988 (c. 4)

76

In section 25(1) of the Norfolk and Suffolk Broads Act 1988, in paragraph (a) of the definition of “statutory undertaker” for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Dartford-Thurrock Crossing Act 1988 (c. 20)

77

In section 30 of the Dartford-Thurrock Crossing Act 1988, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Education Reform Act 1988 (c. 40)

78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing Act 1988 (c. 50)

79

• (1) In section 28(6) of the Housing Act 1988, for the words “has the same meaning as in section 43(3) of the Town and Country Planning Act 1971” there shall be substituted the words “has the meaning given in section 56(6) of the Town and Country Planning Act 1990”.

• (2) In section 66 of that Act—

• (a) in subsection (2) for the words “section 24 of the 1971 Act” and “that section” there shall be substituted respectively the words “sections 59 to 61 of the 1990 Act” and “section 59”;

• (b) in subsection (3) for the words “section 54(1) of the 1971 Act” there shall be substituted the words “section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990”;

• (c) in subsection (4)(a) for the words “section 1 of the 1971 Act” there shall be substituted the words “sections 1 and 2 of the 1990 Act”;

• (d) in subsection (4)(b) for the words “paragraph 32 of Schedule 16 to the Local Government Act 1972” there shall be substituted the words “paragraph 1 of Schedule 1 to the 1990 Act”.

• (3) In section 67 of that Act—

• (a) in subsection (1) for the words from the beginning to “Act” there shall be substituted the words “The Secretary of State may by order provide that, for such purposes of Part III of the 1990 Act and sections 67 and 73 of the Planning (Listed Buildings and Conservation Areas) Act 1990,” and the words from “in place” onwards shall be omitted;

• (b) in subsection (3)—

• (i) in paragraph (a) for the words from “Parts” to “Act” there shall be substituted the words “the provisions mentioned in subsection (3A) below”;

• (ii) in paragraph (b) for the words from “Part” to “Act” there shall be substituted the words “Part VI and sections 249 to 251 and 258 of the 1990 Act and sections 32 to 37 of the Planning (Listed Buildings and Conservation Areas) Act 1990”;

• (c) after subsection (3) there shall be inserted—

(3A) The provisions referred to in subsection (3)(a) above are sections 96, 100, 104, 172 to 185, 187 to 202, 206 to 222, 224, 225, 231 and 320 to 336 of and paragraph 11 of Schedule 9 to the 1990 Act, Chapters I, II and IV of Part I and sections 54 to 56, 59 to 61, 66, 68 to 72, 74 to 76 and 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and sections 4 to 15, 17 to 21, 23 to 25 and 36 of the Planning (Hazardous Substances) Act 1990.

;

• (d) subsections (5) and (6) shall be omitted.

• (4) For paragraph (g) of section 92(1) of that Act there shall be substituted—

(g) “the 1990 Act” means the Town and Country Planning Act 1990

.

• (5) In Part I of Schedule 9 to that Act—

• (a) in paragraph 3(1)(a) for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”;

• (b) in paragraph 4(b) for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990”.

• (6) In Part II of Schedule 10 to that Act—

• (a) in paragraph 12(6) for the words “Sections 238 and 240 of the Town and Country Planning Act 1971” and “section 237(2)” there shall be substituted respectively the words “Sections 280 and 282 of the Town and Country Planning Act 1990” and “section 279(2)”;

• (b) in paragraph 14(8) for the words “Sections 238 and 240 of the Town and Country Planning Act 1971” and “section 237(3)” there shall be substituted respectively the words “Sections 280 and 282 of the Town and Country Planning Act 1990” and “section 279(4)”.

The National Maritime Museum Act 1989 (c. 8)

80

In section 1(4) of the National Maritime Museum Act 1989, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990”.

The Water Act 1989 (c. 15)

81

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 192(5) of that Act for the words “section 266 of the Town and Country Planning Act 1971” and “subsection (7) of the said section 266” there shall be substituted respectively the words “section 293 of the Town and Country Planning Act 1990” and “subsection (3) of the said section 293”.

The Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22)

82

In Schedule 4 to the Road Traffic (Driver Licensing and Information Systems) Act 1989, in paragraph 1 for the words “Sections 230 to 232 of the Town and Country Planning Act 1971” and “the 1971 Act” there shall be substituted respectively the words “Sections 271 to 274 of the Town and Country Planning Act 1990” and “the 1990 Act”.

The Electricity Act 1989 (c. 29)

83

• (1) In paragraph 2(5) of Schedule 3, paragraph 12 of Schedule 4 and paragraph 2(6)(a) of Schedule 8 to the Electricity Act 1989, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

• (2) In Part II of Schedule 17 to that Act, in paragraph 37(1)(b) for the words “section 1B of the Town and Country Planning Act 1971” there shall be substituted the words “section 2 of the Planning (Hazardous Substances) Act 1990”.

The Local Government and Housing Act 1989 (c. 42)

84

In section 94 of the Local Government and Housing Act 1989—

• (a) in subsection (1) for the words “section 212 of the Town and Country Planning Act 1971” there shall be substituted the words “sections 249 and 250 of the Town and Country Planning Act 1990”;

• (b) in subsection (2) for the words “subsection (2) or subsection (8) of that section” there shall be substituted the words “subsection (2) or subsection (6) of section 249”;

• (c) in subsection (4) for the words “subsection (2) of that section” and “subsection (5) of that section” there shall be substituted respectively the words “subsection (2) of section 249” and “subsection (1) of section 250”.

SCHEDULE 3

1

The repeal by this Act of a provision relating to the coming into force of a provision reproduced in the consolidating Acts does not affect the operation of that provision, in so far as it is not specifically reproduced in the consolidating Acts but remains capable of having effect, in relation to the corresponding provision of the consolidating Acts.

2

• (1) The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

• (2) The repeal by this Act of a saving to which a previous repeal of an enactment is subject does not affect the operation of the saving in so far as it is not specifically reproduced in the consolidating Acts but remains capable of having effect.

3

Without prejudice to the generality of paragraphs 1 and 2, notwithstanding the repeal by this Act of Schedule 24 to the 1971 Act, the provisions of that Schedule shall continue to have effect, in so far as they are not specifically reproduced in this Schedule and remain capable of having effect, with any reference in those provisions to any provision of the repealed enactments which is reproduced in the consolidating Acts being taken, so far as the context permits, as including a reference to the corresponding provision of those Acts.

4

The repeal by this Act of an enactment which has effect as respects any provision of the repealed enactments (being a provision which is not reproduced in the consolidating Acts but continues in effect by virtue of this Schedule or the Interpretation Act 1978) does not affect its operation as respects that provision.

5

Any document made, served or issued after this Act comes into force which contains a reference to any of the repealed enactments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Acts.

6

Where any provision of the repealed enactments amends an enactment (not being an enactment reproduced in the consolidating Acts) which is repealed or partly repealed by another enactment which is not in force when this Act comes into force, that provision shall continue to have effect, notwithstanding its repeal by this Act, but subject to section 2(4) of this Act.

7

• (1) In any regulations in force under section 91 of the 1971 Act (execution and cost of works required by enforcement notice) references to an enforcement notice, and an enforcement notice a copy of which has been served in respect of any breach of planning control, include a reference to a notice served under section 103 of that Act or section 207 of the principal Act (enforcement of duties as to replacement of trees).

• (2) Section 319(3) of the principal Act shall apply to this paragraph as it applies to the provisions there mentioned.

8

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Section 319(1) of the principal Act shall apply to this paragraph as it applies to the provisions there mentioned.

9

The expression “statutory undertakers” in any provision of the consolidating Acts shall, as respects any time when the corresponding provision in the repealed enactments (or any enactment replaced by them) was in force, have the same meaning as that expression had at that time in that provision.

10

• (1) In the case of an enforcement notice served before 27th July 1981, section 285(2) of the principal Act has effect with the following modifications.

• (2) In paragraph (a) for the words “issued under that Part” there shall be substituted the words “served under Part V of the 1971 Act”.

• (3) For paragraph (b) there shall be substituted—

(b) did not have the enforcement notice or a copy of it served on him under that Part of that Act

.

• (4) In paragraph (c)—

• (a) in sub-paragraph (i) for the word “issued” there shall be substituted the word “served”; and

• (b) in sub-paragraph (ii) the words “with a copy of it” shall be omitted.

• (5) References in the principal Act to section 285(2) shall, so far as the context permits, be construed as including references to this paragraph.

11

• (1) The repeal by Part II of Schedule 1 to this Act of section 1(8) of the Town and Country Planning Act 1984 (which validates certain permissions granted in respect of Crown land before 12th August 1984) shall not affect any permission to which that section applies immediately before the date on which the principal Act comes into force (and accordingly any such permission has effect and is deemed always to have had effect as provided in section 299(3) of the principal Act).

• (2) The repeal by that Part of that Schedule of section 2(7) of that Act of 1984 (which makes similar provision as to orders for the preservation of trees) shall not affect any order to which that section applies immediately before the date on which the principal Act comes into force (and accordingly any such order has effect and is deemed always to have had effect as provided in section 300(3) of the principal Act).

• (3) The repeal by that Part of that Schedule of section 1(8) of that Act of 1984 (which makes similar provision as to listed building consents and conservation area consents) shall not affect any order to which that section applies immediately before the date on which the Planning (Listed Buildings and Conservation Areas) Act 1990 comes into force (and accordingly any such consent has effect and is deemed always to have had effect as provided in section 84(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990).

• (4) Section 319(1) of the principal Act applies to sub-paragraphs (1) and (2) as it applies to the provisions there mentioned, and section 92(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 applies to sub-paragraph (3) as it applies to the provisions mentioned in subsection (2)(a) of that section.

12

The repeal by this Act of section 266(1)(a) of the 1971 Act shall not affect the validity of anything contained in the Greater London Development Plan.

13

The expression “local authority” in any provision of the consolidating Acts shall, as respects any time when the corresponding provision in the repealed enactments (or any enactment replaced by them) was in force, have the same meaning as that expression had at that time in that provision.

14

References in the consolidating Acts to the British Coal Corporation have effect as respects any time before 5th March 1987 as references to the National Coal Board.

15

• (1) Where the functions of a Minister under any enactment re-enacted or referred to in this Act have at any time been exercisable by another Minister or other Ministers, references in the relevant provision of this Act shall, as respects any such time, be construed as references to the other Minister or Ministers.

• (2) In this paragraph “Minister” includes the Board of Trade and the Treasury.

16

The repeal by this Act of section 56A of the 1971 Act (duration of listed building consents granted before 13th November 1980) shall not affect any consent to which that section applies immediately before this Act comes into force.

17

No sum may be recovered under section 58(4) of the Planning (Listed Buildings and Conservation Areas) Act 1990 or under subsection (7) of section 78 of that Act, as applied by section 80(7) of that Act, in respect of any grant made before that Act comes into force.

SCHEDULE 4

1

• (1) If—

• (a) no date has been appointed as the date on which a provision mentioned in column 1 of the following Table is to come into force before the relevant commencement date for a paragraph of this Schedule mentioned in column 2 of the Table opposite that provision, or

• (b) a date has been appointed which is later than the relevant commencement date for that paragraph,

then that paragraph shall have effect until the appointed day.

Provision	Paragraph of this Schedule
. . .	. . .
. . .	. . .
Paragraph 9(1) of Schedule 11 to the Housing and Planning Act 1986 (c. 63).	Paragraphs 6, 11 and 14.
Paragraph 9(2) of Schedule 11 to the Housing and Planning Act 1986 (c. 63).	Paragraphs 7, 12 and 16.
The repeal of section 110(1) of the 1971 Act in Part III of Schedule 12 to the Housing and Planning Act 1986 (c. 63).	Paragraphs 3, 4, 5, 8, 9, 10, 13 and 15.

• (2) If—

• (a) a date has been appointed as the date on which a provision mentioned in column 1 of the Table in sub-paragraph (1) is to come into force for some purposes of that provision but not for others, and

• (b) that date is on or before the relevant commencement date for a paragraph of this Schedule mentioned in column 2 of the Table opposite that provision,

then that paragraph shall have effect for those other purposes of that provision (in so far as it is capable of doing so) until the relevant appointed day.

• (3) In this paragraph—

• “the relevant commencement date”, in relation to a paragraph of this Schedule, means the date on which the provision of the consolidating Acts referred to in that paragraph comes into force;

• “the appointed day” means—

• (a) in the case mentioned in paragraph (a) of sub-paragraph (1), such day as may be appointed by the Secretary of State by order made by statutory instrument; and

• (b) in the case mentioned in paragraph (b) of that sub-paragraph, the day appointed as the day on which the provision mentioned in column 1 of the Table is to come into force.

• (4) An order under sub-paragraph (3) (other than an order appointing a day until which paragraph 2 has effect) may—

• (a) appoint different days for different provisions and for different purposes, and

• (b) make such transitional provision as the Secretary of State thinks appropriate;

and in sub-paragraph (2) “the relevant appointed day”, in relation to any purpose of a provision, means the day appointed as the day on which the provision is to come into force for that purpose.

The principal Act

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

At the end of section 175 of that Act there shall be inserted—

(7) Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings before the Secretary of State on an appeal under section 174 as if those proceedings were an inquiry held by the Secretary of State under section 250.

.

4

At the end of section 196 of that Act there shall be inserted—

(8) Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings before the Secretary of State on an appeal under section 195 as if those proceedings were an inquiry held by the Secretary of State under section 250.

.

5

At the end of section 208 of that Act there shall be inserted—

(11) Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250.

.

6

Section 322 of that Act shall be omitted.

7

In paragraph 6 of Schedule 6 to that Act sub-paragraph (5) shall be omitted.

8

In Schedule 16 to that Act—

• (a) in Part I the words “Section 175(7)”, “Section 196(8)” and “Section 208(11)”; and

• (b) in Part V the words “Section 208(11)”,

shall be inserted at the appropriate places.

The Planning (Listed Buildings and Conservation Areas) Act 1990

9

At the end of section 41 of the Planning (Listed Buildings and Conservation Areas) Act 1990 there shall be inserted—

(8) Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings before the Secretary of State on an appeal under section 39 as if those proceedings were an inquiry held by the Secretary of State under section 250.

.

10

In sections 85(1), 90(6)(a) and 92(2)(a) of that Act after “2(1) to (3)”, and in section 82(1) after “39(6)”, there shall be inserted “41(8)”.

11

In section 89(1) of that Act the words from “section 322” to “held)” shall be omitted.

12

In paragraph 6 of Schedule 3 to that Act sub-paragraph (8) shall be omitted.

The Planning (Hazardous Substances) Act 1990

13

In section 25 of the Planning (Hazardous Substances) Act 1990, at the end there shall be inserted—

(5) Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250.

.

14

In section 37 of that Act the words from “section 322” to “held)” shall be omitted.

15

In section 38(5) of that Act, after “21” there shall be inserted “25(5)”.

16

In paragraph 6 of the Schedule to that Act sub-paragraph (8) shall be omitted.

This Act

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “the consolidating Acts”, “the repealed enactments”, etc.

The Town and Country Planning (Compensation) Act 1985 (c.19)

Editorial notes