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SCHEDULES

Section 6.

SCHEDULE 4Transitory Modifications

1(1)If—

(a)no date has been appointed as the date on which a provision mentioned in column 1 of the following Table is to come into force before the relevant commencement date for a paragraph of this Schedule mentioned in column 2 of the Table opposite that provision, or

(b)a date has been appointed which is later than the relevant commencement date for that paragraph,

then that paragraph shall have effect until the appointed day.

TABLE

ProvisionParagraph of this Schedule
Section 9(4) of the 1971 Act.Paragraph 2.
Paragraph 1 of Part I of Schedule 7 to the Housing and Planning Act 1986 (c. 63).Paragraph 17.
Paragraph 9(1) of Schedule 11 to the Housing and Planning Act 1986 (c. 63).Paragraphs 6, 11 and 14.
Paragraph 9(2) of Schedule 11 to the Housing and Planning Act 1986 (c. 63).Paragraphs 7, 12 and 16.
The repeal of section 110(1) of the 1971 Act in Part III of Schedule 12 to the Housing and Planning Act 1986 (c. 63).Paragraphs 3, 4, 5, 8, 9, 10, 13 and 15.

(2)If—

(a)a date has been appointed as the date on which a provision mentioned in column 1 of the Table in sub-paragraph (1) is to come into force for some purposes of that provision but not for others, and

(b)that date is on or before the relevant commencement date for a paragraph of this Schedule mentioned in column 2 of the Table opposite that provision,

then that paragraph shall have effect for those other purposes of that provision (in so far as it is capable of doing so) until the relevant appointed day.

(3)In this paragraph—

(4)An order under sub-paragraph (3) (other than an order appointing a day until which paragraph 2 has effect) may—

(a)appoint different days for different provisions and for different purposes, and

(b)make such transitional provision as the Secretary of State thinks appropriate;

and in sub-paragraph (2) “the relevant appointed day”, in relation to any purpose of a provision, means the day appointed as the day on which the provision is to come into force for that purpose.

The principal Act

2In section 35 of the principal Act subsection (5) shall be omitted.

3At the end of section 175 of that Act there shall be inserted—

(7)Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings before the Secretary of State on an appeal under section 174 as if those proceedings were an inquiry held by the Secretary of State under section 250..

4At the end of section 196 of that Act there shall be inserted—

(8)Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings before the Secretary of State on an appeal under section 195 as if those proceedings were an inquiry held by the Secretary of State under section 250..

5At the end of section 208 of that Act there shall be inserted—

(11)Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250..

6Section 322 of that Act shall be omitted.

7In paragraph 6 of Schedule 6 to that Act sub-paragraph (5) shall be omitted.

8In Schedule 16 to that Act—

(a)in Part I the words “Section 175(7)”, “Section 196(8)” and “Section 208(11)”; and

(b)in Part V the words “Section 208(11)”,

shall be inserted at the appropriate places.

The Planning (Listed Buildings and Conservation Areas) Act 1990

9At the end of section 41 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 there shall be inserted—

(8)Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings before the Secretary of State on an appeal under section 39 as if those proceedings were an inquiry held by the Secretary of State under section 250..

10In sections 85(1), 90(6)(a) and 92(2)(a) of that Act after “2(1) to (3)”, and in section 82(1) after “39(6)”, there shall be inserted “41(8)”.

11In section 89(1) of that Act the words from “section 322” to “held)” shall be omitted.

12In paragraph 6 of Schedule 3 to that Act sub-paragraph (8) shall be omitted.

The Planning (Hazardous Substances) Act 1990

13In section 25 of the [1990 c. 10.] Planning (Hazardous Substances) Act 1990, at the end there shall be inserted—

(5)Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings before the Secretary of State on an appeal under this section as if those proceedings were an inquiry held by the Secretary of State under section 250..

14In section 37 of that Act the words from “section 322” to “held)” shall be omitted.

15In section 38(5) of that Act, after “21” there shall be inserted “25(5)”.

16In paragraph 6 of the Schedule to that Act sub-paragraph (8) shall be omitted.

This Act

17The amendment of the [1960 c. 34.] Radioactive Substances Act 1960 in Schedule 2 to this Act shall be omitted.