OpenLegislation

The Planning and Compulsory Purchase Act 2004 (Commencement No. 8 and Saving) Order 2006

S.I. 2006/1061 · Made 5 April 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TOWN AND COUNTRY PLANNING, ENGLAND

Made 5th April 2006

The First Secretary of State, in exercise of the powers conferred by section 121 of the Planning and Compulsory Purchase Act 2004f1 and after consultationf2 with the National Assembly for Wales, makes the following Order:

Annotations to the whole text

Footnotes

f1

2004 c. 5.

f2

As to consultation with the National Assembly for Wales, see section 121(2).

Contents

  1. 1Citation and Interpretation
  2. 2Provisions coming into force on 10th May 2006
  3. 3Provisions coming into force on 10th August 2006
  4. 4Saving
  5. Signature
  6. Explanatory note

1Citation and Interpretation

(1)

This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 8 and Saving) Order 2006.

(2)

In this Order—

  • “the 2004 Act” means the Planning and Compulsory Purchase Act 2004; and

  • “the 1990 Act” means the Town and Country Planning Act 1990f1.

2Provisions coming into force on 10th May 2006

The following provisions of the 2004 Act shall come into force in relation to England on 10th May 2006—

(a)

sections 40 and 41 (in so far as they are not yet in force);

(b)

section 49 (in so far as it is not yet in force); and

(c)

Schedule 1 (in so far as it is not yet in force).

3Provisions coming into force on 10th August 2006

The following provisions of the 2004 Act shall come into force in relation to England on 10th August 2006—

(a)

subsections (1) and (5) to (9) of section 42 of the 2004 Act; and

(b)

Schedule 9 so far as it gives effect to the repeal of section 76 of the 1990 Act.

4Saving

Notwithstanding article 3(a), the Town and Country Planning (Applications) Regulations 1988f1 shall continue to have effect on and after 10th August 2006.

Signature

Signed by the authority of the First Secretary of State

Kay Andrews

Parliamentary Under Secretary of State

Office of the Deputy Prime Minister

5th April 2006

Explanatory note

(This note is not part of the Order)

Article 2 of this Order brings into force on 10th May 2006, in relation to England, the following provisions of the Planning and Compulsory Purchase Act 2004 (“the Act”)—

  • sections 40 and 41 and Schedule 1 (in so far as they are not yet in force)(local development orders); and

  • section 49 (in so far as it is not yet in force) (development to include certain internal operations).

Article 3 of this Order brings into force on 10th August 2006, in relation to England, the following provisions of the Act—

  • section 42(1) and (5) to (9) (applications for planning permission and certain consents); and

  • Schedule 9 so far as it gives effect to the repeal of section 76 of the Town and Country Planning Act 1990.

Article 4 saves the Town and Country Planning (Applications) Regulations 1988.