Section 77 Regulations and orders.

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 77(3) word inserted by Levelling-up and Regeneration Act 2023 s. 172(4)
s. 77(3B) word inserted by Levelling-up and Regeneration Act 2023 s. 172(4)
s. 77(3C) word inserted by Levelling-up and Regeneration Act 2023 s. 172(4)
s. 77(2A) words inserted by Planning and Infrastructure Act 2025 s. 101(5)(a)
s. 77(3C) words inserted by Planning and Infrastructure Act 2025 s. 101(5)(b)
s. 77(4)(a)(ii) word omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 162

(1)

The Secretary of State may make regulations for the purpose of prescribing anything which is authorised or required to be prescribed under this Act.

(2)

Regulations under this Act shall be made by statutory instrument, which F1, subject to subsection (2A), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F2(2A)

A statutory instrument containing regulations under section 1A(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3)

The power to make orders under sections 1, 2, F339 40 to 42 F4and 6060, 62A and 62B above F5... is exercisable by statutory instrument, . . . F6

F7(3ZA)

The power of the Secretary of State to make orders under section 3 is also exercisable by statutory instrument.

F8(3A)

Any provision of this Act conferring a power to make orders (whether exercisable by statutory instrument or otherwise), except section 40, implies a power exercisable in the same manner and subject to the same conditions or limitations, to revoke or amend any instrument made under the power.

F9(3B)

A statutory instrument containing an order made by the Secretary of State under section 1, 2 or 3 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3C)

If a draft of an instrument containing an order of the Secretary of State under section 1, 2 or 3 would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

F10(3E)

A statutory instrument, other than one to which subsection (3B) applies, containing an order under section 7A is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

F11A statutory instrument that is made by the Welsh Ministers (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) under any of the following provisions of this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales—

F12(a)

an order under section 1 where—

(i)

the order is one designating an area as the site of a proposed new town, or one designating an additional area of not less than 500 acres which would extend the area of a new town by not less than 10 per cent., and

(ii)

an objection to the order was duly made by F13... F14the local planning authority and had not been withdrawn at the time the order was made; or

(b)

F15an order under section 2 F1642 or 62B(1).

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Annotations

Textual amendments

F1: Words in s. 77(2) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 16(3)(a), 46(1); S.I. 2017/767, reg. 2(f)
F2: S. 77(2A) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 16(3)(b), 46(1); S.I. 2017/767, reg. 2(f)
F3: Words inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 12(1)(a)
F4: “60, 62A and 62B” substituted (E.W.) for “and 60” by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 8(2)
F5: Words in s. 77(3) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 27, Sch. 16; S.I. 2009/803, arts. 3(1), 10
F6: Words repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1)(2), Sch. 3 para. 12(c), Sch. 4
F7: S. 77(3ZA) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(4)(a), 216(3); S.I. 2016/733, reg. 3(g)
F8: S. 77(3A) inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 12(2)
F9: S. 77(3B)(3C) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(4)(b), 216(3); S.I. 2016/733, reg. 3(g)
F10: S. 77(3E) inserted (14.4.2026) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(7), Sch. 17 para. 1(3) (with s. 247); S.I. 2026/168, reg. 2(g)
F11: Words in s. 77(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(4)(c), 216(3); S.I. 2016/733, reg. 3(g)
F12: Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 12(3)(b)
F13: Words in s. 77(4)(a)(ii) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), ss. 169(4)(d), 216(3); S.I. 2016/733, reg. 3(g)
F14: Words in s. 77(4)(a)(ii) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 63(8) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F15: Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 12(3)(c)
F16: Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 8(2)(b)
F17: S. 77(5) repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(2), Sch. 4