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The Localism Act 2011 (Commencement No. 7 and Transitional, Saving and Transitory Provisions) Order 2012

S.I. 2012/2029 · Made 2 August 2012 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2013.

Town And Country Planning, England

Housing, England

Made 2nd August 2012

The Secretary of State for Communities and Local Government, in exercise of the powers conferred by section 240(2) and (7) of the Localism Act 2011f1, makes the following Order.

Annotations to the whole text

Footnotes

f1

2011 c. 20.

Contents

  1. 1Citation and interpretation
  2. 2Citation and interpretation
  3. 3Provisions coming into force on the commencement date in relation to England and Wales
  4. 4Revocation
  5. 5Neighbourhood planning: referendums in business areas Repealed
  6. Signature
  7. Explanatory note

1Citation and interpretationI1

This Order may be cited as the Localism Act 2011 (Commencement No. 7 and Transitional, Saving and Transitory Provisions) Order 2012.

2Citation and interpretationI1

In this Order—

  • “the 1990 Act” means the Town and Country Planning Act 1990f1;

  • “the 2004 Act” means the Planning and Compulsory Purchase Act 2004f2;

  • “the Act” means the Localism Act 2011;

  • “business referendum” means an additional referendumf3 which, by virtue of paragraph 15(1) of Schedule 4B to the 1990 Act, must be held on the making of a neighbourhood development order or neighbourhood development plan;

  • “the commencement date” means the day after the day on which this Order is made; and

  • “corresponding residential referendum” means a referendum which, by virtue of paragraph 14 of Schedule 4B to the 1990 Act, must be held on the making of the same neighbourhood development order or neighbourhood development plan as the business referendum.

3Provisions coming into force on the commencement date in relation to England and WalesI1

Subject to article 5, the following provisions of the Act (so far as they are not yet in force) come into force in relation to England and Wales on the commencement date—

(a)

sections 116 and 121 and Schedules 9 to 12, but not for the purpose of holding a business referendum and its corresponding residential referendum under paragraphs 14 and 15 of Schedule 4B to the 1990 Act in a neighbourhood area which has been designated as a business area under section 61H of the 1990 Actf1; and

(b)

Part 23 of Schedule 25 and section 237, so far as relating to that Part.

4RevocationI1

Article 12 of the Localism Act 2011 (Commencement Order No. 4 and Transitional, Transitory and Saving Provisions) Order 2012f1 is revoked with effect from the commencement date.

5Neighbourhood planning: referendums in business areasF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

Signed by authority of the Secretary of State for Communities and Local Government

Grant Shapps

Minister of State

Department for Communities and Local Government

2nd August 2012

Explanatory note

(This note is not part of the Order)

This Order brings into force various provisions of the Localism Act 2011 (c. 20) in relation to England and Wales.

Article 3 brings into force—

sections 116 and 121 and Schedules 10, 11 and 12 (neighbourhood planning) (partially),

Part 23 of the Schedule 25 (housing tenure).

Article 4 makes a consequential revocation of a previous transitional provision relating to neighbourhood planning in a previous commencement order.

Article 5 makes transitional, saving and transitory provisions in relation to neighbourhood planning. It provides that in an area designated as a business area the duty to hold a referendum or an additional referendum does not apply until regulations are made in relation to the holding of business referendums in such areas.