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

S.I. 1990/614 · Made 14 March 1990

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

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 f1 and of all other powers enabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1986 c. 63

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. Signature
  5. Explanatory note

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 1972f1 in paragraph 1 of Schedule 4 to the Acquisition of Land Act 1981f2.

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.

Signature

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.