OpenLegislation

Regulation 2 InterpretationF1I1

England and Wales

(1)

In these Regulations—

  • “the Act” means the Town and Country Planning Act 1990;

  • “advertisement” does not include anything employed wholly as a memorial or as a railway signal;

  • “area of outstanding natural beauty” means an area designated as such by an order made under section 87 of the National Parks and Access to the Countryside Act 1949f1;

  • “area of special control” means an area designated by an order under regulation 18;

  • “balloon” means a tethered balloon or similar object;

  • “deemed consent” has the meaning given by regulation 5;

  • “discontinuance notice” means a notice served under regulation 8;

  • F2...

  • “express consent” has the meaning given by regulation 5;

  • “illuminated advertisement” means an advertisement which is designed or adapted to be illuminated by artificial lighting, directly or by reflection, and which is so illuminated;

  • “National Park” has the meaning given by section 5 of the National Parks and Access to the Countryside Act 1949;

  • “site” means any land or building, other than an advertisement, on which an advertisement is displayed;

  • “standard conditions” means the conditions specified in Schedule 1;

  • “statutory undertaker” includes, in addition to any person mentioned in section 262(1) of the Act, the Civil Aviation Authority, F3, a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services), the British Airports Authority, F4the Coal Authority or any licensed operator within the meaning of section 65(1) of the Coal Industry Act 1994, any F5public gas transporter within the meaning of Part I of the Gas Act 1986f2, any public electricity supplier within the meaning of Part I of the Electricity Act 1989f3, F6any person who is a licence holder, or who has the benefit of a licence exemption, within the meaning of Part I of the Railways Act 1993, F7any person who holds a F8railway undertaking licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005 F9...; F10a universal postal service provider in connection with the provision of a universal F11postal service, the Environment Agency, the Natural Resources Body for Wales, any water or sewerage undertaker and any F12electronic communications code operator; and F13, subject to paragraph (1A), statutory undertaking shall be interpreted accordingly;

  • F14...

  • “vehicle” includes a vessel on any inland waterway; and

  • “waterway” includes coastal waters.

(F151A)

The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of these regulations; and references in these regulations to his undertaking shall be construed accordingly.

(2)

F16In the application of these Regulations in England, “local planning authority” means—

(a)

for land in the area of an urban development corporation, except in regulation 18, that corporation where it is the local planning authority for the purposes of sections 220 and 224 of the Act;

(b)

for land in a National Park which is land that is not in a metropolitan county, the county planning authority for the area where the land is situated; and

(c)

in any other case, the relevant district planning authority or metropolitan district or London borough council.

(F172A)

In the application of these Regulations in Wales “local planning authority” means—

(a)

subject to sub-paragraph (b) below, the local planning authority for the area in which the land in question is situated;

(b)

for land in the area of any urban development corporation, except in regulation 18, that corporation where it is the local planning authority for the purposes of sections 220 and 224 of the Act.

(F182B)

For the purposes of these Regulations—

(a)

a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence; and

(b)

the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.

(3)

Any reference in these Regulations to a person displaying an advertisement includes—

(a)

the owner and occupier of the land on which the advertisement is displayed;

(b)

any person to whose goods, trade, business or other concerns publicity is given by the advertisement; and

(c)

the person who undertakes or maintains the display of the advertisement.

(4)

Except in Class A in Schedule 2, any reference in these Regulations to the land, the building, the site or the premises on which an advertisement is displayed includes, in the case of an advertisement which is displayed on, or which consists of, a balloon, a reference to the land, the building, the site or other premises to which the balloon is attached and to all land, buildings or other premises normally occupied therewith.

Annotations

Textual amendments

F1

Regulations repealed (E.) (6.4.2007) by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2007/783), regs. 1(1), 32(1) (with reg. 32(2)-(4))

F2

Words in reg. 2(1) omitted (31.12.2020) by virtue of The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/456), regs. 1, 2(a); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in reg. 2(1) inserted (21.12.2001) by The Transport Act 2000 (Consequential Amendments) Order 2001 (S.I. 2001/4050), art. 1, Sch. para. 10(a)

F4

Words in reg. 2(1) substituted (1.10.1994) by The Town and Country Planning (Control of Advertisements) (Amendment) Regulations 1994 (S.I. 1994/2351), regs. 1(1), 3(a)

F5

Words in reg. 2(1) substituted (1.3.1996) by The Gas Act 1995 (Consequential Modifications of Subordinate Legislation) Order 1996 (S.I. 1996/252), art. 1, Sch.

F6

Words in reg. 2(1) inserted (1.10.1994) by The Town and Country Planning (Control of Advertisements) (Amendment) Regulations 1994 (S.I. 1994/2351), regs. 1(1), 3(b)

F7

Words in reg. 2(1) inserted (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 1(1), Sch. 1 para. 7(3)

F8

Words in reg. 2(1) substituted (31.12.2020) by The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/456), regs. 1, 2(b)(i) (with reg. 6) (as amended by S.I. 2020/1324, regs. 1(2), 3(3)); 2020 c. 1, Sch. 5 para. 1(1)

F9

Words in reg. 2(1) omitted (31.12.2020) by virtue of The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/456), regs. 1, 2(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10

Words in reg. 2(1) substituted (26.3.2001) by The Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001 (S.I. 2001/1149), art. 1(2), Sch. 1 para. 96(2)(a)

F11

Words in reg. 2(1) substituted (W.) (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 31 (with Sch. 7)

F12

Words in reg. 2(1) substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 33

F13

Words in reg. 2(1) inserted (26.3.2001) by The Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001 (S.I. 2001/1149), art. 1(2), Sch. 1 para. 96(2)(b)

F14

Words in reg. 2(1) revoked (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 2 Table 2

F15

Reg. 2(1A) inserted (26.3.2001) by The Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001 (S.I. 2001/1149), art. 1(2), Sch. 1 para. 96(3)

F16

Words in reg. 2(2) inserted (1.4.1996) by The Local Government Reorganisation (Wales) (Consequential Amendments) Order 1996 (S.I. 1996/525), arts. 1, 3, Sch. para. 14(1)(a)

F17

Reg. 2(2A) inserted (1.4.1996) by The Local Government Reorganisation (Wales) (Consequential Amendments) Order 1996 (S.I. 1996/525), arts. 1, 3, Sch. para. 14(1)(b)

F18

Reg. 2(2B) inserted (21.12.2001) by The Transport Act 2000 (Consequential Amendments) Order 2001 (S.I. 2001/4050), art. 1, Sch. para. 10(b)

Commencement

I1

Reg. 2 in force at 6.4.1992, see reg. 1

Footnotes

f1

1949 c. 97.

f2

1986 c. 44.

f3

1989 c. 29.