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Section 202 Power for Secretary of State to make tree preservation orders.C1C2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If it appears to the Secretary of State, after consultation with the local planning authority, to be expedient that a tree preservation order or an order amending or revoking such an order should be made, he may himself make such an order.

(2)

Any order so made by the Secretary of State shall F1have the same effect as if it had been made by the local planning authority and confirmed by them under this Chapter. , once it has taken effect in accordance with tree preservation regulations, have the same effect as if it had been made by the local planning authority under section 198(1).

(3)

F2The provisions of this Chapter and of any regulations made under it with respect to the procedure to be followed in connection with the making and confirmation of any order to which subsection (1) applies and the service of copies of it as confirmed shall have effect, subject to any necessary modifications—

(a)

in relation to any proposal by the Secretary of State to make such an order,

(b)

in relation to the making of it by the Secretary of State, and

(c)

in relation to the service of copies of it as so made.

Annotations

Textual amendments

F1

Words in s. 202(2) substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 10 (with s. 226); S.I. 2012/601, art. 2(a)

F2

S. 202(3) repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), ss. 192(5), 241(3)(4), Sch. 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.

Modifications

C1

S. 202: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C2

S. 202: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Notes on Part VIII

Modifications

C1

Pt. VIII (ss. 197-225) except s. 223 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(1)(b)

Pt. VIII (ss. 197-225) applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(2)

Pt. VIII (ss. 197-225) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2