OpenLegislation

Section 123 Provisional tree preservation ordersC1I1I2C2

(1)

If it appears to a council that a tree preservation order proposed to be made by that council should take effect immediately without previous confirmation, it may include in the order as made by it a direction that this section shall apply to the order.

(2)

Notwithstanding section 122(3), an order which contains such a direction—

(a)

shall take effect provisionally on such date as may be specified in it; and

(b)

shall continue in force by virtue of this section until—

(i)

the expiration of a period of 6 months beginning with the date on which the order was made; or

(ii)

the date on which the order is confirmed,

whichever first occurs.

Annotations

Modifications

C1

Pt. 4 (except chpts. 1, 2) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)

C2

Ss. 105-155: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))

Commencement

I1

S. 123 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2

S. 123 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)