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The Planning and Compulsory Purchase Act 2004 (Commencement No.4 and Savings) Order 2005

S.I. 2005/204 · Made 3 February 2005

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 3rd February 2005

The Secretary of State, in exercise of the powers conferred upon him by section 121(1) and (2) and section 122(3) of the Planning and Compulsory Purchase Act 2004f1, and after consultationf2 with the National Assembly for Wales, hereby 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 7th March 2005 in relation to England
  3. 3Provisions coming into force on 1st April 2005 in relation to England
  4. 4Savings
  5. Signature
  6. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Savings) Order 2005.

(2)

In this Order “the Act” means the Planning and Compulsory Purchase Act 2004.

2Provisions coming into force on 7th March 2005 in relation to England

To the extent to which they are not already in force, sections 52 and 53 of the Act shall come into force in relation to England on 7th March 2005.

3Provisions coming into force on 1st April 2005 in relation to England

Subject to article 4 and to the extent to which they are not already in force, section 55 of, and Schedule 2 to, the Act shall come into force in relation to England on 1st April 2005.

4Savings

(1)

This paragraph applies to a decision mentioned in paragraph (1) or (2) of Schedule 2 to the Act which is to be taken on or after 1st April 2005 following the holding of an inquiryf1 or hearingf2 which closed before that date.

(2)

This paragraph applies to a decision mentioned in paragraph (1) or (2) of Schedule 2 to the Act which is to be taken on or after 1st April 2005 where–

(a)

the decision relates to an appeal which is to be disposed of on the basis of written representationsf3 following a visit to the site which is the subject of the appeal; and

(b)

that visit took place before that date.

(3)

Schedule 2 to the Act shall have no effect in relation to a decision to which paragraph (1) or (2) above applies.

Signature

Signed by the authority of the First Secretary of State

Keith Hill

Minister of State, Office of the Deputy Prime Minister

3rd February 2005

Explanatory note

(This note is not part of the Order)

Article 2 of this Order brings into force on 7th March 2005, in relation to England, the following provisions of the Planning and Compulsory Purchase Act 2004 (“the Act”) in so far as they are not already in force–

  • Section 52 (temporary stop notice)

  • Section 53 (fees and charges)

Article 3 of this Order brings into force on 1st April 2005, in relation to England, the following provisions of the Act in so far as they are not already in force–

  • Section 55 (time in which Secretary of State to take decisions)

  • Schedule 2 (timetable for decisions).

Article 4 of this Order makes a saving for the purposes of the provisions contained in Schedule 2 to the Act.