Business and Planning Act 2020

(18A) (1) This section applies in relation to listed building consent granted or deemed to be granted— (a) in relation to a building in England, and (b) subject to a condition which has the effect that the works to which the consent relates must be begun not later than a time falling within the period— (i) beginning with 23 March 2020, and (ii) ending with 31 December 2020. (2) The condition is deemed to provide instead that the works to which the consent relates must be begun not later than 1 May 2021. (3) The time by which the works must be begun is not to be extended (whether by section 18(2B) or otherwise) to a later time than that for the time being provided for in subsection (2). (4) The reference in subsection (1) to listed building consent being granted, or deemed to be granted, subject to a condition which has the effect mentioned in paragraph (b) of that subsection includes a reference to the consent being subject to a condition which has that effect by virtue of being subsequently modified (whether under section 18(2B) or otherwise).

• (2) Subsection (1) expires at the end of 1 May 2021.

• (3) If the Secretary of State considers it reasonable to do so to mitigate an effect of coronavirus, the Secretary of State may by regulations substitute the date for the time being specified in any of the following provisions with a later date—

• (a) section 18A(1)(b)(ii) and (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990, as that Act has effect by virtue of subsection (1) of this section;

• (b) subsection (2) of this section.

• (4) In subsection (3) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Procedure for certain planning proceedings

Procedure for certain planning proceedings

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• (1) In section 319A(2) of the Town and Country Planning Act 1990 (determination of procedure for certain proceedings under that Act: England)—

• (a) for “whichever of the following ways appears” substitute “ such one or more of the following ways as appear ”, and

• (b) omit “most”.

• (2) In section 88D(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (determination of procedure for certain proceedings under that Act: England)—

• (a) for “whichever of the following ways appears” substitute “ such one or more of the following ways as appear ”, and

• (b) omit “most”.

• (3) In section 21A(2) of the Planning (Hazardous Substances) Act 1990 (determination of procedure for certain proceedings under that Act: England)—

• (a) for “whichever of the following ways appears” substitute “ such one or more of the following ways as appear ”, and

• (b) omit “most”.

Electronic inspection of spatial development strategy

Mayor of London’s spatial development strategy: electronic inspection

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• (1) The Greater London Authority Act 1999 has effect as if, in section 43 (publicity and availability of strategies), after subsection (4) there were inserted—

(4A) But if a copy of the current version of the spatial development strategy is available for inspection free of charge by appropriate electronic means, subsections (3) and (4) do not apply in relation to the current version of that strategy. (4B) For the purposes of subsection (4A), a copy of the current version of the spatial development strategy is available for inspection “by appropriate electronic means” if arrangements have been made such that it is available for inspection by electronic means in a reasonably convenient way. (4C) Before making any arrangements for the purposes of subsection (4B), the Mayor must have regard to any guidance issued by the Secretary of State as to— (a) how a copy of the current version of the spatial development strategy should be made available by electronic means; (b) the arrangements (if any) that may be appropriate to mitigate the effects on a person of not being able to inspect a copy of the strategy, or finding it difficult to do so, by electronic means.

• (2) Subsection (1) expires at the end of 31 December 2021.

• (3) If the Secretary of State considers it reasonable to do so to mitigate an effect of coronavirus, the Secretary of State may by regulations substitute the date for the time being specified in subsection (2) with a later date.

• (4) In subsection (3) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Local authority meetings

Power to make provision relating to local authority meetings

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In section 78(7) of the Coronavirus Act 2020 (meaning of local authority: England), after paragraph (r) insert—

(s) a Mayoral development corporation established under section 198 of the Localism Act 2011; (t) an urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980; (u) a parish meeting constituted under section 13 of the Local Government Act 1972; (v) Transport for London.

PART 4 — General

Regulations

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• (1) Regulations under this Act are to be made by statutory instrument.

• (2) Regulations under this Act may make—

• (a) different provision for different purposes;

• (b) different provision for different areas;

• (c) supplementary, incidental, consequential, transitional, transitory or saving provision.

• (3) A statutory instrument containing regulations under section 5(8) is subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) A statutory instrument containing regulations under any of sections 10, 11(12) or (14), 16 to 19 or 21 must be laid before Parliament as soon as reasonably practicable after being made.

• (5) A statutory instrument containing regulations made under section 11(16)—

• (a) if the regulations only provide for subordinate legislation (within the meaning of the Interpretation Act 1978) to have effect with modifications or to be amended or revoked, is subject to annulment in pursuance of a resolution of either House of Parliament;

• (b) otherwise, must be laid before Parliament as soon as reasonably practicable after being made.

• (6) Subsections (4) and (5)(b) do not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (7) Regulations contained in an instrument laid before Parliament by virtue of subsection (4) or (5)(b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

• (8) In calculating the period of 40 days, no account is to be taken of any time during which—

• (a) Parliament is dissolved or prorogued, or

• (b) both Houses of Parliament are adjourned for more than 4 days.

• (9) Where regulations cease to have effect as a result of subsection (7) that does not—

• (a) affect anything previously done under or by virtue of the regulations, or

• (b) prevent the making of new regulations.

Extent

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• (1) Part 1 extends to England and Wales only.

• (2) In Part 2—

• (a) section 12 extends to England and Wales, Scotland and Northern Ireland,

• (b) sections 13 and 14 extend to England and Wales and Scotland only, and

• (c) section 15 extends to Northern Ireland only.

• (3) In Part 3—

• (a) sections 16 to 21 extend to England and Wales only, and

• (b) section 22 extends to England and Wales and Northern Ireland.

• (4) This Part extends to England and Wales, Scotland and Northern Ireland.

Commencement

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• (1) Part 1 comes into force on the day on which this Act is passed.

• (2) In Part 2—

• (a) section 12 is to be treated as having come into force on 4 May 2020, and

• (b) sections 13 to 15 come into force on the day on which this Act is passed.

• (3) In Part 3—

• (a) section 16 comes into force at the end of the period of 6 days beginning with the day on which this Act is passed,

• (b) sections 17 to 19 come into force at the end of the period of 28 days beginning with the day on which this Act is passed, and

• (c) sections 20 to 22 come into force on the day on which this Act is passed.

• (4) This Part comes into force on the day on which this Act is passed.

Transitional etc provision in connection with expiry

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The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the expiry of any provision of this Act.

Short title

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This Act may be cited as the Business and Planning Act 2020.

Pavement licences

Removal of powers of court in relation to unfair relationships

Modification of conditions relating to construction working hours

Mayor of London's spatial development strategy: electronic inspection

Regulations

Editorial notes

[^key-2770d77e660cbf5b046666dcd1f31928]: Words in s. 21(2) substituted (15.12.2020) by The Business and Planning Act 2020 (London Spatial Development Strategy) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/1529), regs. 1(2), 2

[^M_F_6f4b4bfb-ef2b-426a-c4cb-3b3f794aef43]: Word in s. 11(2) substituted (29.9.2022) by virtue of The Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2022 (S.I. 2022/978), regs. 1(2), 2(2)

[^key-52f7da9e125ba29221162f0c3dececd2]: Words in s. 4(1)(b) substituted (10.8.2023) by The Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2023 (S.I. 2023/900), regs. 1, 5(a) (with reg. 3)

[^key-0c7d9be8406a60b6a719a99ff355525f]: Words in s. 4(2)(b) substituted (10.8.2023) by The Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2023 (S.I. 2023/900), regs. 1, 5(b) (with reg. 3)

[^key-f677fb29181c67de2dbc610b1191196a]: Words in s. 4(4) substituted (10.8.2023) by The Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2023 (S.I. 2023/900), regs. 1, 5(c) (with reg. 3)

[^key-eeaa4e5f7a44bcbbc089844453cb52ba]: Words in s. 10(1) substituted (10.8.2023) by The Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2023 (S.I. 2023/900), regs. 1, 6

[^key-ec58419e9fbc8d35a70a658cb2d41987]: Words in s. 11(13) substituted (28.9.2023) by The Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2023 (S.I. 2023/990), regs. 1(2), 2(1)