Article 7 Revocation, transitional and saving provisions

(1)

Subject to paragraphs (2) and (3), the instruments specified in the first column of the table in the Schedule are revoked, in so far as they are still in force in relation to England, to the extent specified in the corresponding row of the third column of the table.

(2)

Notwithstanding the revocations in paragraph (1), the 1974 Rules shall continue to apply^f1 to any advertisement appeal made before 6th April 2015 which has not been determined by that date.

(3)

If, after 6th April 2015, a decision on an advertisement appeal made before 6th April 2015 is quashed in proceedings before any court, then instead of the 1974 Rules—

(a)

where the decision quashed was of the Secretary of State on an appeal in respect of which an inquiry was held, rule 19 of the Town and Country Planning (Inquiries Procedure) (England) Rules 2000 applies;

(b)

where the decision quashed was of an inspector on an appeal in respect of which an inquiry was held, rule 20 of the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 applies; or

(c)

where the decision quashed was of the Secretary of State or an inspector on an appeal in respect of which a hearing was held, rule 17 of the Town and Country Planning (Hearings Procedure) (England) Rules 2000 applies.

(4)

In this rule—

“advertisement appeal” means an appeal made under section 78 of the Town and Country Planning Act 1990^f2 as applied by regulations made under section 220 of that Act;
“the 1974 Rules” means the Town and Country Planning (Inquiries Procedure) Rules 1974^f3.

Annotations

Footnotes

f1: The Town and Country Planning (Inquiries Procedure) Rules 1974 (S.I. 1974/419) were revoked by rule 21 of S.I. 1988/944 except for the purposes of advertisement appeals.
f2: 1990 c. 8.
f3: S.I. 1974/419, amended by S.I. 1986/420.