LegalizeThe Planning and Compensation Act 1991 (Commencement No. 10 and Transitional Provision) Order 1992
Made: 23rd June 1992
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 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. 10 and Transitional Provision) Order 1992.
Provisions coming into force on 17th July 1992
2
The following provisions of the Planning and Compensation Act 1991 shall come into force on 17th July 1992—
- section 16, so far as it is not yet in force;
- section 20, so far as it is not yet in force;
- section 32, so far as it relates to the provisions of Schedule 7 set out in the first column of Schedule 1 to this Order, and, where there is an entry against that provision in the second column of that Schedule, to the extent therein provided; and
- section 84(6), so far as it gives effect to the repeals in Part I of Schedule 19 specified in Schedule 2 to this Order.
Transitional provision
3
Section 20 of the Planning and Compensation Act 1991 shall not have effect in relation to any development where a resolution under regulation 4(1) or 5(2) of the Town and Country Planning General Regulations 1976[^f00002], as the case may be, has been passed before 17th July 1992.
SCHEDULE 1 — EXTENT OF COMMENCEMENT OF SCHEDULE 7
| Provision | Extent of commencement |
|---|---|
| Paragraph 9(2)(i) | so far as it is not yet in force |
| Paragraphs 14 and 15 | |
| Paragraph 17 | |
| Paragraphs 18 and 19 | so far as they are not yet in force |
| Paragraph 34 | |
| Paragraph 37 | |
| Paragraph 48 | so far as it is not yet in force |
| Paragraph 52(2)(e), (3) | |
| Paragraph 53(4) | |
| Paragraph 54(4) | |
| Paragraph 55 | |
| Paragraph 57(2)(d), (e), ( j), (k), (3)(a), (5), (6)(a), (b), (d) | except so far as paragraph 57(5) relates to the omission of the reference to Part IV |
SCHEDULE 2
| Chapter | Short Title | Extent of Repeal |
|---|---|---|
| 1990 c. 8 | Town and Country Plan ning Act 1990 | In section 74(2) “section 71 of this Act and”. |
| In section 198(4)(a) “to 68”. | ||
| In section 220(3)(a) “to 68”. | ||
| In section 336(1), in the definition of “owner” the words “(except in sec tions 66, 67 and 71)”, and in section 336(9) “(1) to (3)”. | ||
| In Schedule 16, in Part I, in the entry relating to section 77 “(2) and (9), 66 and 67”, in the entry relating to sec tions 78 and 79 the words from “with” to the end, and Part V. |
Signed
Signed by authority of the Secretary of State for the Environment
Sir George Young — Minister of State, — Department of the Environment — 22nd June 1992
David Hunt — Secretary of State for Wales — 23rd June 1992
Explanatory note
(This note is not part of the Order)
Article 2 of this Order brings into force on 17th July 1992 sections 16 (notice etc of applications for planning permission) and 20 (land of interested planning authorities and development by them) of the Planning and Compensation Act 1991, certain minor and consequential amendments and certain repeals.
Article 3 of this Order makes a transitional provision in relation to the commencement of section 20 of the 1991 Act.
Footnotes
[^f00001]: 1991 c. 34.
[^f00002]: S.I. 1976/1419, amended by S.I. 1981/558 and 1986/443.
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