Article 11 Transitional and saving provisions in relation to the planning functions of the URA
The repeal of sections 170 and 171 of the 1993 Act by paragraph 63(2) of Schedule 8 to the Act and the amendments to section 8A of the Town and Country Planning Act 1990f1 by paragraph 52 of Schedule 8 to the Act and to section 3 of the Planning (Hazardous Substances) Act 1990f2 by paragraph 54 of Schedule 8 to the Act do not apply in relation to anything which, on the commencement date, is in the process of being done by virtue of any of those sections by or in relation to the URA or is in force or effective by virtue of any of those sections, including by virtue of any order under section 170 conferring functions on the URA.
Sections 170 and 171 of the 1993 Act continue to apply in such cases but as if references to the URA (however expressed) in section 171 and in any order under section 170 were references to the HCA.
Anything which, on the commencement date, is in the process of being done by or in relation to the URA in such cases may be continued by or in relation to the HCA.
Anything done (or having effect as if done) by or in relation to the URA for the purposes of or in connection with such cases shall, if in force or effective on the commencement date, have effect as if done by or in relation to the HCA so far as that is required for continuing its effect on or after the commencement date.
Section 8A of the Town and Country Planning Act 1990 and section 3 of the Planning (Hazardous Substances) Act 1990 continue to apply unamended in such cases but as if references to the URA (however expressed) were references to the HCA.
The references in paragraphs (3) and (4) to things done include references to things omitted to be done.
Section 4 of the Act applies as if the reference in subsection (6)(a) of that section to sections 13 and 14 included a reference to paragraph (2) above.
The reference to Part 1 of the Act in section 26(7)(ba) of the Local Government Act 1974 shall be treated as including a reference to Part 3 of the 1993 Act for the purposes of any complaint about the conduct of the URA which is treated as conduct of the HCA by virtue of paragraphs (2) and (3) above.
Annotations
Footnotes
- f1
-
1990 c.8. Section 8A was amended by section 187(1) of and Schedule 21 to the Leasehold Reform, Housing and Urban Development Act 1993.
- f2
-
1990 c.10. Section 3 was amended by section 162 of and Schedule 16 to the Environmental Protection Act 1990 (c. 43), section 20 of and Schedule 6 to the Local Government (Wales) Act 1994 (c. 19), section 120 of and Schedule 24 to the Environment Act 1995 and section 187 of and Schedule 21 to the Leasehold Reform, Housing and Urban Development Act 1993.