The Housing and Planning Act 1986 (Commencement No. 15) Order 1990

Made: 14th March 1990

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 57(2) of the Housing and Planning Act 1986 [^f00001] and of all other powers enabling them in that behalf, hereby make the following Order:

1

This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 15) Order 1990.

2

The following provisions of the Housing and Planning Act 1986 (“the 1986 Act”) shall come into force on 31st March 1990 (“the commencement date”)—

• (a) section 43 (compulsory acquisition of land on behalf of parish or community councils);

• (b) section 49(2) (miscellaneous repeals), in so far as it relates to the repeal of the words “section 125(4) and (7)” in the entry relating to the Local Government Act 1972[^f00002] in paragraph 1 of Schedule 4 to the Acquisition of Land Act 1981[^f00003].

3

Where a compulsory purchase order has been made before the commencement date, section 125 of the Local Government Act 1972 shall apply to it as it applied immediately before that date; and for this purpose section 43 of the 1986 Act shall be treated as not having come into force.

Signed

Chris Patten — Secretary of State for the Environment — 14th March 1990

Peter Walker — Secretary of State for Wales — 14th March 1990

Explanatory note

(This note is not part of the Order)

This Order brings into force on 31st March 1990 section 43 of the Housing and Planning Act 1986 which substitutes a new section for section 125 of the Local Government Act 1972 (c. 70) (compulsory acquisition of land on behalf of parish or community councils).

The new section simplifies procedures to be followed where a district council makes a compulsory acquisition of land on behalf of a parish or community council, and brings such procedures into line with those applicable to other compulsory purchase orders.

Article 3 of the Order provides for the continued application of section 125 of the 1972 Act as originally enacted in respect of compulsory purchase orders made before 31st March 1990.

Footnotes

[^f00001]: 1986 c. 63

[^f00002]: 1972 c. 70

[^f00003]: 1981 c. 67With correction slip dated April 1990