# The Levelling-up and Regeneration Act 2023 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026, Note: Explanatory note

Extent: E+W

(This note is not part of the Regulations)
These Regulations are the eleventh commencement regulations under the Levelling-up and Regeneration Act 2023 (c. 55) (“the Act”).
Regulation 2 brings into force sections 97 and 100 of, and parts of Schedule 7 to, the Act on 3rd March 2026 for the purpose of the exercise of the power to make regulations only.
Regulation 3 sets out the provisions of the Act which come into force on 25th March 2026. In particular, exclusions are made for parts of Schedule 7 and Schedule 8 to the Act which refer to joint spatial development strategies.
Regulation 4 introduces Schedule 1, which provides transitional provisions between the Planning and Compulsory Act 2004 (“PCPA 2004”) plan making system and the new plan making system introduced by the Act. Much of Part 2 of the PCPA 2004, as it had effect before the commencement date in regulation 3, and of the Town and Country Planning (Local Planning) (England) Regulations 2012, are saved for the purposes of existing development plan documents proceeding through examination and adoption in accordance with these provisions, including where the Secretary of State may wish to take intervention action in relation to such a document. Schedule 1 provides that local planning development plan documents which have effect as part of the development plan for an authority’s area before the commencement date continue to have effect as part of the development plan until a new local plan is adopted. In the case of development plan documents containing provision relating to minerals and waste, these continue to have effect until such time as the Secretary of State directs that the saving for these documents no longer has effect. A saving is provided for a regional strategy where it has effect as part of the development plan, until a new local plan is adopted for the area. There is also a saving for supplementary planning documents until such time as the development plan document to which the supplementary planning document relates no longer has effect. No further supplementary planning documents can be adopted after 30th June 2026. The last date for submitting a development plan document for examination under Part 2 of the PCPA 2004, as saved, is 31st December 2026, although the Secretary of State has discretion to direct a later date. Schedule 1 also provides that some of the minor and consequential amendments in relation to the coming into force of the new plan making system, made by Schedule 8 to the Act, do not apply for the purposes of an authority preparing a local development document under Part 2 of the PCPA 2004 as saved.
Regulation 5 introduces Schedule 2, which makes savings for certain joint committee Orders which were constituted under section 29 of the PCPA 2004, so that these continue to have effect.
A Regulatory Impact Assessment under the Better Regulation Framework has not been produced for this instrument. The Regulatory Impact Assessment for the Levelling-up and Regeneration Act 2023 provides analysis of the primary legislative measures from which the measures set out in this instrument derive. Copies can be obtained at https://publications.parliament.uk/pa/bills/cbill/58-03/0169/LevellingUpandRegenerationBillImpactAssessment.pdf or from the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF. The Annexes to that document can be obtained at https://publications.parliament.uk/pa/bills/cbill/58-03/0169/LevellingUpandRegenerationBillImpactAssessmentAnnexes.pdf or from the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF.

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Source: https://www.legislation.gov.uk/uksi/2026/169/note (the official version)
Page: https://openlegislation.uk/levelling-up-and-regeneration-act-2023-commencement-no-11-and-saving-and-transitional-provisions-regulations-2026/note/enacted
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.