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Planning (Listed Buildings and Conservation Areas) Act 1990
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Changes over time for: Section 46
Changes to legislation:
Planning (Listed Buildings and Conservation Areas) Act 1990, Section 46 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 46:
- s. 12(4A) inserted by 2008 c. 29 Sch. 10 para. 16
- s. 16(2A) inserted by 2023 c. 55 s. 102(3)
- s. 16(2A) words substituted in earlier amending provision 2023 c. 55, s. 102(3) by S.I. 2024/1061 reg. 21
- s. 22(2A) inserted by 2008 c. 29 Sch. 10 para. 18(2)
- s. 40(2A) inserted by 2008 c. 29 Sch. 10 para. 19
- s. 54(8) inserted by 2023 c. 55 s. 104(2)(c)
- s. 55(2A) inserted by 2023 c. 55 s. 104(3)(a)
- s. 55(5H)(5I) inserted by 2023 c. 55 s. 104(3)(f)
- s. 55(5BA) inserted by 2023 c. 55 s. 104(3)(d)
- s. 56A and cross-heading inserted by 2016 anaw 4 s. 31(1)
- s. 66(1A) inserted by 2023 c. 55 s. 102(4)(a)
- s. 66(2A) inserted by 2023 c. 55 s. 102(4)(b)
- s. 82A(2)(ha) inserted by 2016 anaw 4 s. 31(2)
- s. 89(1ZA) inserted by 2008 c. 29 Sch. 10 para. 22
- s. 93(5A) inserted by 2008 c. 29 Sch. 10 para. 23(3)
- Sch. 3 para. 2(4A) inserted by 2008 c. 29 Sch. 10 para. 24(2)
- Sch. 3 para. 2(9) inserted by 2008 c. 29 Sch. 10 para. 24(3)
- Sch. 3 para. 3(4A) (4B) inserted by 2008 c. 29 Sch. 10 para. 24(4)
- Sch. 3 para. 6(1A) inserted by 2008 c. 29 Sch. 10 para. 24(6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12(4A) inserted by 2008 c. 29 Sch. 10 para. 16
- s. 16(2A) inserted by 2023 c. 55 s. 102(3)
- s. 16(2A) words substituted in earlier amending provision 2023 c. 55, s. 102(3) by S.I. 2024/1061 reg. 21
- s. 22(2A) inserted by 2008 c. 29 Sch. 10 para. 18(2)
- s. 40(2A) inserted by 2008 c. 29 Sch. 10 para. 19
- s. 54(8) inserted by 2023 c. 55 s. 104(2)(c)
- s. 55(2A) inserted by 2023 c. 55 s. 104(3)(a)
- s. 55(5H)(5I) inserted by 2023 c. 55 s. 104(3)(f)
- s. 55(5BA) inserted by 2023 c. 55 s. 104(3)(d)
- s. 56A and cross-heading inserted by 2016 anaw 4 s. 31(1)
- s. 66(1A) inserted by 2023 c. 55 s. 102(4)(a)
- s. 66(2A) inserted by 2023 c. 55 s. 102(4)(b)
- s. 82A(2)(ha) inserted by 2016 anaw 4 s. 31(2)
- s. 89(1ZA) inserted by 2008 c. 29 Sch. 10 para. 22
- s. 93(5A) inserted by 2008 c. 29 Sch. 10 para. 23(3)
- Sch. 3 para. 2(4A) inserted by 2008 c. 29 Sch. 10 para. 24(2)
- Sch. 3 para. 2(9) inserted by 2008 c. 29 Sch. 10 para. 24(3)
- Sch. 3 para. 3(4A) (4B) inserted by 2008 c. 29 Sch. 10 para. 24(4)
- Sch. 3 para. 6(1A) inserted by 2008 c. 29 Sch. 10 para. 24(6)
46 Enforcement by the Secretary of State. E+W
(1)If it appears to the Secretary of State to be expedient that a listed building enforcement notice should be issued in respect of any land, he may issue such a notice.
[F1(1A)If it appears to the Secretary of State to be expedient that a temporary stop notice should be issued in respect of any land F2..., the Secretary of State may issue such a notice.]
(2)Before the Secretary of State serves a notice under subsection (1) [F3or (1A)] he shall consult—
(a)the local planning authority; and
(b)F4... the Commission.
(3)A listed building enforcement notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority.
[F5(3A)A temporary stop notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority under section 44AA.]
(4)In relation to a listed building enforcement notice issued by the Secretary of State, [F6section 42] shall apply as if for any reference in [F6that section] to the local planning authority there were substituted a reference to the Secretary of State.
(5)References in this section to the local planning authority shall in the case of an authority for an area F7... outside Greater London be construed as references to the district planning authority.
Textual Amendments
F1S. 46(1A) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 103(8)(a), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(a)
F2Words in s. 46(1A) omitted (4.11.2024) by virtue of 2023 asc 3, Sch. 13 para. 124(za) (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), 10; S.I. 2024/860, art. 3(d))
F3Words in s. 46(2) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 103(8)(b), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(a)
F4Words in s. 46(2)(b) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 124(a) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
F5S. 46(3A) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 103(8)(c), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(a)
F6Words in s. 46(4) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. II para. 22; S.I. 1991/2905, art. 3
F7Words in s. 46(5) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 124(b) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
Modifications etc. (not altering text)
C1Ss. 43–46 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3
C2S. 46 modified (W.) (30.4.2012) by The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 (No. 793), regs. 1, 16, Sch. 3
C3Ss. 32-50 applied in part (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))
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