The Localism Act 2011 (Commencement No. 7 and Transitional, Saving and Transitory Provisions) Order 2012

Made: 2nd August 2012

The Secretary of State for Communities and Local Government, in exercise of the powers conferred by section 240(2) and (7) of the Localism Act 2011[^f00001], makes the following Order.

Citation and interpretation

1

This Order may be cited as the Localism Act 2011 (Commencement No. 7 and Transitional, Saving and Transitory Provisions) Order 2012.

2

In this Order—

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00002];

• “the 2004 Act” means the Planning and Compulsory Purchase Act 2004[^f00003];

• “the Act” means the Localism Act 2011;

• “business referendum” means an additional referendum[^f00004] which, by virtue of paragraph 15(1) of Schedule 4B to the 1990 Act, must be held on the making of a neighbourhood development order or neighbourhood development plan;

• “the commencement date” means the day after the day on which this Order is made; and

• “corresponding residential referendum” means a referendum which, by virtue of paragraph 14 of Schedule 4B to the 1990 Act, must be held on the making of the same neighbourhood development order or neighbourhood development plan as the business referendum.

Provisions coming into force on the commencement date in relation to England and Wales

3

Subject to article 5, the following provisions of the Act (so far as they are not yet in force) come into force in relation to England and Wales on the commencement date—

• (a) sections 116 and 121 and Schedules 9 to 12, but not for the purpose of holding a business referendum and its corresponding residential referendum under paragraphs 14 and 15 of Schedule 4B to the 1990 Act in a neighbourhood area which has been designated as a business area under section 61H of the 1990 Act[^f00005]; and

• (b) Part 23 of Schedule 25 and section 237, so far as relating to that Part.

Revocation

4

Article 12 of the Localism Act 2011 (Commencement Order No. 4 and Transitional, Transitory and Saving Provisions) Order 2012[^f00006] is revoked with effect from the commencement date.

Neighbourhood planning: referendums in business areas

5

Where a neighbourhood area has been designated as a business area under section 61H of the 1990 Act the duty to hold a business referendum and its corresponding residential referendum as to the making of a neighbourhood development order or a neighbourhood development plan imposed by paragraph 12(4) of Schedule 4B to the 1990 Act[^f00007] does not apply until regulations in relation to the conduct of business referendums are made under paragraph 16 of Schedule 4B to the 1990 Act.

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Grant Shapps — Minister of State — Department for Communities and Local Government — 2nd August 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force various provisions of the Localism Act 2011 (c. 20) in relation to England and Wales.

Article 3 brings into force—

sections 116 and 121 and Schedules 10, 11 and 12 (neighbourhood planning) (partially),

Part 23 of the Schedule 25 (housing tenure).

Article 4 makes a consequential revocation of a previous transitional provision relating to neighbourhood planning in a previous commencement order.

Article 5 makes transitional, saving and transitory provisions in relation to neighbourhood planning. It provides that in an area designated as a business area the duty to hold a referendum or an additional referendum does not apply until regulations are made in relation to the holding of business referendums in such areas.

Footnotes

[^f00001]: 2011 c. 20.

[^f00002]: 1990 c. 8.

[^f00003]: 2004 c. 5.

[^f00004]: Additional referendums are referred to in paragraph 12(4) of Schedule 4B to the 1990 Act.

[^f00005]: Section 61H and Schedule 4B were inserted into the 1990 Act by paragraph 2 of Schedule 9 to, and Schedule 10 to, the Localism Act 2011.

[^f00006]: S.I. 2012/628.

[^f00007]: Section 61H and Schedule 4B were inserted into the 1990 Act by paragraph 2 of Schedule 9 to, and Schedule 10 to, the Localism Act 2011. Those provisions are applied to neighbourhood development plans by virtue of section 38 A of the Planning and Compulsory Purchase Act 2004 (c. 5).