Section 92 Application of Act to Isles of Scilly.

England and Wales

C1(1)

The Secretary of State shall, after consultation with the Council of the Isles of Scilly, by order provide for the application to those Isles of the provisions of this Act specified in subsection (2) as if those Isles were a separate county.

(2)

The provisions referred to in subsection (1) are—

(a)

sections 1(1) to (5), 2(1) to (3) F141(8), 51, 52, 64, 65, 66(2), 82(1) and (4)(b), F2. . . 86 (except subsection (2)(a)), 87, 88 (except subsection (3)), 90(1) to (4) and any other provisions of the planning Acts in so far as they apply, or have effect for the purposes of, any of those provisions; and

(b)

sections 1(6), 3, 4, 5, 7 to F328A, 32 to 50 (except 39(6) F4and 42(6)), 60(1) to (4), 61, 66(1), 67(2)(b),(6) and (7), 73(1) (so far as it applies to section 67(2)(b), (6) and (7)), 75(1), (5) and (6), 82(2), (3) and (4)(a) and Schedules 1, 2 F5, 2A and 3.

(3)

The Secretary of State, may, after consultation with the Council of the Isles of Scilly, by order provide for the application to those Isles of sections 2(4) and (5), 53 to 55, 59, 67(1) to (6), 69 to 72, 73(1), 74 to 76 and 88(3) and paragraph 4 of Schedule 4 as if those Isles were a separate county or district.

(4)

Any order under this section may provide for the application of provisions to the Isles subject to such modifications as may be specified in the order.

Annotations

Textual amendments

F1: “41(8)” inserted (temp.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 10 (which temp. insertion ceases to have effect (2.1.1992 for specified purposes and 6.4.2009 for further specified purposes) by virtue of S.I. 1991/2698, art. 3 (with art. 4); S.I. 2009/849, art. 2 (with art. 3))
F2: Words in s. 92(2)(a) repealed (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 120, 121(1), Sch. 9 (with s. 111); S.I. 2006/1281, art. 2(f)(iv)
F3: Word in s. 92(2)(b) substituted (4.11.2024) by 2023 asc 3, Sch. 13 para. 154A (with Sch. 14 paras. 1-3) (as inserted by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024 (S.I. 2024/1061), regs. 1(2), 17; S.I. 2024/860, art. 3(d))
F4: Words in s. 92(2)(b) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 25, 84(6), 84(2), Schs. 3 Pt. II para. 27, 19 Pt. I; S.I. 1991/2905, art. 3, Sch. 2
F5: Word in s. 92(2)(b) inserted (W.) (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 17 para. 17; S.I. 2014/416, art. 3(e)

Modifications

C1: S. 92(1) applied by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 5, Sch. 3 para. 11(4)

Notes on Part IV

Modifications

C1: Pt. IV applied (with modifications) (E.) (6.4.2014) by The Planning (Listed Buildings and Conservation Areas) (Heritage Partnership Agreements) Regulations 2014 (S.I. 2014/550), regs. 1(1), 7