OpenLegislation

Article 2 InterpretationI1

England and Wales

In this Order—

  • “enactment” includes subordinate legislation;

  • “licensing decision” means—

    1. (a)

      any decision in relation to—

      1. (i)

        an application for the authorisation within the meaning of section 2 of the Licensing Act 2003f1; or

      2. (ii)

        a request for a review of any such decision F1(including an application under section 172G(1) of that Act); or

    2. (b)

      any enforcement decision made under that Act or subordinate legislation made under that Act;

  • “the Planning Acts” means—

    1. (a)

      the Town and Country Planning Act 1990f2;

    2. (b)

      the Planning (Listed Buildings and Conservation Areas) Act 1990f3;

    3. (c)

      the Planning (Hazardous Substances) Act 1990f4; and

    4. (d)

      the Planning Act 2008f5;

  • “planning decision” means—

    1. (a)

      any decision on an application under the Planning Acts or subordinate legislation made under those Acts for any agreement, approval, consent or permission; or

    2. (b)

      any enforcement decision relating to any development within the meaning of those Acts; and

  • “right of recourse to a review” does not include any right to make a complaint to the Commission for Local Administration pursuant to the Local Government Act 1974f6.

Annotations

Textual amendments

F1

Words in art. 2 inserted (temp. until 1.4.2025) (22.7.2020) by Business and Planning Act 2020 (c. 16), ss. 11(9), 25(1) (with s. 11(13)) (as amended (29.9.2022) by S.I. 2022/978, regs. 1(2), 2; and (28.9.2023) by S.I. 2023/990, regs. 1(2), 2)

Commencement

I1

Art. 2 in force at 4.5.2012, see art. 1

Footnotes

f1

2003 c.17.

f2

1990 c.8.

f3

1990 c.9.

f4

1990 c.10.

f5

2008 c.29.

f6

1974 c.7.