The Planning and Compensation Act 1991 (Commencement No.1 and Transitional Provisions) Order 1991

Made: 9th September 1991

The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland, in exercise of the powers conferred on them by section 84(2) and (3) of the Planning and Compensation Act 1991[^f00001] and all other powers enabling them in that behalf, hereby make the following Order—

Citation

1

This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 1 and Transitional Provisions) Order 1991.

Interpretation

2

In this Order—

• “commencement date” means 25th September 1991, and

• “the 1991 Act” means the Planning and Compensation Act 1991.

Commencement

3

Subject to article 4, the following provisions of the 1991 Act shall come into force on 25th September 1991—

• section 15;

• section 17;

• section 18;

• section 21;

• section 22;

• section 25, in so far as it relates to paragraph 1 of Part I of Schedule 3;

• section 26;

• section 29;

• section 31(1), (4) (so far as that subsection is not yet in force), (5) and (6);

• section 32, in so far as it relates to paragraphs 8, 9(2)(c), 10(1), 36, 51, 54(1), (3)(a), 56 and 57(1), (2)(b), (3)(b) and (4) of Schedule 7;

• sections 62 to 69;

• section 70, except in so far as it reltes to paragraph 32 of Schedule 15;

• section 80 as it applies in relation to England and Wales, except in so far as it relates to the entries relating to the Planning (Hazardous Substances) Act 1990[^f00002] in Part I of Schedule 18;

• section 81; and

• section 84(6), in so far as it relates to Part II of Schedule 19 (so far as it is not yet in force), Parts III and V of that Schedule and the repeals in Parts I and Iv of that Schedule specified in Schedule 1 to this Order.

Cases where commencement limited

4

• (1) The provison of the 1991 Act mentioned in Part I of Schedule 2 to this Order shall not have effect in a case where any of the following events occurs before the commencement date in relation to the matter specified—

• (a) in relation to a compulsory purchase order not made by a Minister, the compulsory purchase order is made;

• (b) in relation to a compulsory purchase order made by a Minister, paragraphs 2 and 3 of Schedule 1 to the Acquisition of Land Act 1981[^f00003] are complied with;

• (c) in relation to a purchase notice within the meaning of Chapter I of Part VI of the Town and Country Planning Act 1990[^f00004], the event mentioned in section 137(1) of that Act occurs; and

• (d) in relation to a blight notice within the meaning of Chapter II of that Part, the land becomes blighted land, within the meaning of that Chapter.

• (2) A provision of the 1991 Act mentioned in the first column of an entry in Part II of Schedule 2 to this Order shall not have effect in a case where the date shown against that provision in the second column of the entry is, in relation to that case, before the commencement date.

• (3) In Part II of that Schedule, except where a contrary intention appears,—

• (a) an expression used in an entry in the second column which is also used in the provision of an Act mentioned in the corresponding entry in the first column has the same meaning as in that provision; and

• (b) a reference in an entry in the second column to a provision or Part of an Act is a reference to a provision or Part of the Act (other than the 1991 Act) mentioned in the corresponding entry in the first column.

SCHEDULE 1

PART I — REPEALS IN PART I OF SCHEDULE 19 (PLANNING: ENGLAND AND WALES)

PART II — REPEAL IN PART IV OF SCHEDULE 19 (SCOTLAND)

SCHEDULE 2 — CASES WHERE COMMENCEMENT LIMITED

PART I

1

Section 63 (advance payments of compensation and interest).

2

Section 64 (planning assumptions in connection with highway schemes).

3

Section 67 (time limit on validity of notice to treat).

4

Section 70 in so far as it relates to the following paragraphs of Schedule 15—

• paragraph 1 (rules for assessing compensation),

• paragraph 2 (expenses in acquiring replacement land),

• paragraph 4 (acquisition of part from tenants at will etc.),

• paragraph 6 (farm loss payments),

• paragraph 7 (notice to quit agricultural holding: right to opt for notice of entry compensation),

• paragraphs 9 to 12 (amendments to the Acquisition of Land Act 1981[^f00006]),

• paragraph 19 (diocesan glebe land),

• paragraph 24 (advance payments of compensation and interest), and

• paragraph 27 (diocesan glebe land.)

5

Section 80(1) (interest on compensation) in so far as it relates to section 31(3) of the Land Compensation Act 1961[^f00007].

6

Section 84(6) in so far as it relates to the repeals in Part III of Schedule 19 in section 5 of the Land Compensation Act 1961 and sections 34 and 52 of the Land Compensation Act 1973.

PART II

7

Section 84(6) in so far as it relates to—

Signed

Signed by authority of the Secretary of State for the Environment

G. S. K. Young — Minister of State, — Department of the Environment — 9th September 1991

David Hunt — Secretary of State for Wales — 5th September 1991

Ian Lang — Secretary of State for Scotland — 6th September 1991

Explanatory note

(This note is not part of the Order)

Article 3 of this Order brings into force on 25th September 1991 the following provisions of the Planning and Compensation Act 1991—

• section 15 (assessment of environmental effects),

• section 17 (power of local planning authority to decline to determine applications),

• section 18 (dismissal of appeals in cases of undue delay),

• section 21 (mines and waste),

• section 22 (old mining permissions),

• section 25 (listed buildings, conservation areas and hazardous substances), in so far as it relates to paragraph 1 of Part 1 of Part I of Schedule 3 (changes relating to enforcement),

• section 26 (status of development plans),

• section 29 (functions of Historic Buildings and Monuments Commission),

• section 31(1), (4) (so far as that subsection is not yet in force), (5) and (6) (planning compensation repeals),

• section 32 (planning minor and consequential amendments), in so far as it relates to paragraphs 8, 9(2)(c), 10(1), 36, 51, 54(1), 3(a), 56 and 57(1), (2)(b), (3)(b) and (4) of Schedule 7,

• sections 62 to 70 (land compensation etc.) except in so far as section 70 relates to paragraph 32 of Schedule 15,

• section 80 (interest on compensation and payments on account) except in so far as relates to the Planning (Hazardous Substances) Act 1990,

• section 81 (abolition of new street byelaws), and

• section 84(6) (repeals), in so far as it relates to Part II of Schedule 19 (except repeals already in force by virtue of section 84(4)), Parts III and V of that Schedule and the repeals in Parts I and IV of that Schedule specified in Schedule 1 to this Order.

Article 4 of, and Schedule 2 to, the Order limit, as specified there, the commencement of—

• section 17(1) (power of local planning authority to decline to determine applications),

• sections 63 to 65, 67, 69 (land compensation etc.),

• section 80(1) (interest on compensation),

• paragraphs 11, 12, 14, 17, 29, 30, 38, and 49 of Schedule 6 (planning compensation repeals: minor and consequential amendments),

• paragraphs 1, 2, 4, 6, 7, 9 to 12, 15 to 20, 22 to 24, 27, 30 and 31 of Schedule 15 (amendments relating to land compensation), and

• the repeals in Schedule 19 of or in sections 5, 17, and 22 of the Land Compensation Act 1961, sections 29(1), 34 and 52 of the Land Compensation Act 1973, section 9 of the Housing and Planning Act 1986 and sections 80, 81, 113, 311(1)(b), 312 and 336(1) of the Town and Country Planning Act 1990.

Section 31(5) of the 1991 Act prevents the repeals effected by section 31(1) of that Act affecting any claim for compensation under Part V of the Town and Country Planning Act 1990 duly made before 25th September 1991.

Footnotes

[^f00001]: 1991 c. 34.

[^f00002]: 1990 c. 10.

[^f00003]: 1981 c. 67.

[^f00004]: 1990 c. 8.

[^f00005]: 1973 c. 26.

[^f00006]: 1981 c. 67.

[^f00007]: 1961 c. 33.

[^f00008]: 1990 c. 8.

[^f00009]: Section 29 was amended by paragraph 38 of Schedule 13 to the Housing Act 1974 (c. 44), section 9(3) of the Housing and Planning Act 1986 (c. 63), paragraph 24 of the Housing (Consequential Provisions) Act 1985 (c. 71) and Part II of Schedule 12 to the Local Government and Housing Act 1989 (c. 42).

[^f00010]: 1990 c. 9.

[^f00011]: 1965 c. 56.

[^f00012]: 1967 c. 10.

[^f00013]: 1975 c. 23.

[^f00014]: 1976 c. 70.

[^f00015]: 1979 c. 46.

[^f00016]: 1980 c. 66.

[^f00017]: 1984 c. 22.

[^f00018]: 1984 c. 55.

[^f00019]: 1989 c. 15.

[^f00020]: 1990 c. 8.

[^f00021]: 1990 c. 9

[^f00022]: 1973 c. 26; section 29 was amended by paragraph 38 of Schedule 13 to the Housing Act 1974 (c. 44), section 9(3) of the Housing and Planning Act 1986 (c. 63), paragraph 24 of the Housing (Consequential Provisions) Act 1985 (c. 71) and Part II of Schedule 12 to the Local Government and Housing Act 1989 (c. 42).