Part 13General
I1246Data protection
1
2
A duty or power to which this section applies does not operate to require or authorise the disclosure or use of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the disclosure or use would contravene that legislation).
3
In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
I2247Crown application
1
2
The amendments made by this Act bind the Crown only to the extent that the provisions amended bind the Crown.
3
Part 10 does not apply in relation to land that is Crown land for the purposes of Part 13 of TCPA 1990 (see section 293 of that Act).
4
Part 11 does not apply in relation to land belonging to His Majesty in right of His private estates (as construed in accordance with section 1 of the Crown Private Estates Act 1862).
I11248Amendments of references to “retained direct EU legislation”
In section 166(3)(e) for “retained direct EU legislation” substitute “assimilated direct legislation”
I3249Abbreviated references to certain Acts
In this Act—
“GLAA 1999” means the Greater London Authority Act 1999;
“the Hazardous Substances Act” means the Planning (Hazardous Substances) Act 1990;
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990;
“PCPA 2004” means the Planning and Compulsory Purchase Act 2004;
“TCPA 1990” means the Town and Country Planning Act 1990.
I4250Power to make consequential provision
1
The Secretary of State may by regulations make provision that is consequential on this Act or any provision made under it.
2
Regulations under this section may amend, repeal or revoke provision made by this Act or any provision made by or under primary legislation passed—
a
before this Act, or
b
in the same session of Parliament as this Act.
3
In this section “primary legislation” means—
a
an Act,
b
an Act or Measure of Senedd Cymru,
c
an Act of the Scottish Parliament, or
d
Northern Ireland legislation.
I5251Power to address conflicts with the Historic Environment (Wales) Act 2023
1
The Secretary of State may by regulations amend this Act, or any Act amended by this Act, in consequence of a relevant amending provision of the Historic Environment (Wales) Act 2023 (“HEWA 2023”) coming into force before a provision of this Act.
2
That power includes, in relation to an Act amended by this Act, the power to make amendments to serve in place of those contained in this Act.
3
Amendments made in reliance on subsection (2) must produce in substance the same effect in relation to England as the amendments contained in this Act would produce if the relevant amending provision of HEWA 2023 were ignored.
4
In this section—
“amend” includes repeal, and related terms are to be read accordingly;
a “relevant amending provision” of HEWA 2023 means a provision of that Act that amends an enactment that—
- a
is amended by this Act, or
- b
relates to an enactment amended by this Act.
- a
I6252Regulations
1
A power to make regulations under this Act includes power to make—
a
different provision for different purposes;
b
different provision for different areas;
c
consequential, incidental, supplementary, transitional, transitory or saving provision.
2
A power to make regulations under Chapter 1 of Part 2, in the case of regulations other than regulations under section 13(1) or regulations mentioned in subsection (8)(a) to (c), includes power to make provision amending, applying (with or without modifications), disapplying, repealing or revoking any enactment whenever passed or made.
3
Regulations under this Act are to be made by statutory instrument.
4
A statutory instrument containing regulations that fall within subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
5
Regulations fall within this subsection if they contain provision (whether alone or with other provision)—
b
under section 81(6)(b);
c
under section 132;
e
under section 217;
f
under Part 11;
g
under section 228;
h
under section 233;
6
A statutory instrument containing regulations which fall within subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.
7
Subsection (6) does not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
8
Regulations fall within this subsection if they contain provision (whether alone or with other provision)—
c
d
under section 81, other than section 81(6)(b);
e
under section 108;
f
under section 142(1)(a);
g
under section 187;
h
under Part 10;
j
under section 250;
k
under section 251.
9
10
Schedule 24 contains provision about regulations made under Chapter 1 of Part 3 or Part 6.
11
If a draft of a statutory instrument containing regulations under Chapter 1 of Part 2 or section 228 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
12
This section does not apply to regulations under section 255.
13
In this section “primary legislation” means—
a
an Act,
b
an Act or Measure of Senedd Cymru,
c
an Act of the Scottish Parliament, or
d
Northern Ireland legislation.
I7253Financial provisions
1
There is to be paid out of money provided by Parliament any expenditure incurred under or by virtue of this Act by a Minister of the Crown or another public authority.
2
There is to be paid out of the National Loans Fund, the Consolidated Fund or money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of the National Loans Fund, the Consolidated Fund or money so provided.
I8254Extent
1
Part 1 extends to England and Wales, Scotland and Northern Ireland.
2
Part 2 extends to England and Wales only.
3
In Part 3—
a
Chapter 1 (including Schedule 13 so far as it relates to Chapter 1 of Part 3) extends to England and Wales, Scotland and Northern Ireland;
b
d
section 133 extends to England and Wales and Scotland;
e
section 136 extends to England and Wales only.
4
5
Part 6 (including Schedule 13 so far as it relates to Part 6) extends to England and Wales, Scotland and Northern Ireland.
6
Part 7 extends to England and Wales only.
7
An amendment or repeal made by Part 8 has the same extent as the provision amended or repealed.
8
Parts 9 and 10 extend to England and Wales only.
9
Part 11 extends to England and Wales, Scotland and Northern Ireland.
10
In Part 12—
a
c
section 244 extends to England and Wales and Scotland.
11
This Part extends to England and Wales, Scotland and Northern Ireland.
I9255Commencement and transitional provision
1
In Part 1—
a
section 7 comes into force on the day on which this Act is passed, and
b
the remaining provisions come into force at the end of the period of two months beginning with the day on which this Act is passed.
2
In Part 2—
c
the remaining provisions of Chapter 1 come into force at the end of the period of two months beginning with the day on which this Act is passed;
d
section 58 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
f
section 61 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
g
section 62 comes into force on the day on which this Act is passed;
h
i
section 66 comes into force on the day on which this Act is passed;
j
l
m
section 75 comes into force on such day as the Secretary of State may by regulations appoint;
n
section 76 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
o
section 77 comes into force on the day on which this Act is passed;
p
section 78 comes into force on such day as the Secretary of State may by regulations appoint;
r
section 81 (and Schedule 5) come into force on such day as the Secretary of State may by regulations appoint;
3
In Part 3—
a
sections 108, 109 (so far as it confers a power to make regulations or to make a development order), 112, 113 and 114 (so far as conferring a power to make regulations), 121, 126 to 128, 130 to 133 and 136 come into force at the end of the period of two months beginning with the day on which this Act is passed;
4
5
Part 6 (including Schedule 13 so far as it relates to Part 6) comes into force at the end of the period of two months beginning with the day on which this Act is passed.
6
Part 7 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
7
8
Part 11 comes into force on the day on which this Act is passed.
9
In Part 12—
a
sections 229 (and Schedule 22), 230, 232, 235, 237 (and Schedule 23), 238 and 244 come into force on such day as the Secretary of State may by regulations appoint;
10
In this Part—
b
section 248 comes into force at the end of 2023.
11
A power under this section to appoint a day may be exercised to appoint different days for different purposes or areas.
12
The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
13
The power to make regulations under subsection (12) includes power to—
a
make different provision for different purposes;
b
make different provision for different areas;
c
confer a discretion on the Secretary of State to determine how something is treated under provision made under that subsection.
14
Regulations under this section are to be made by statutory instrument.
I10256Short title
This Act may be cited as the Levelling-up and Regeneration Act 2023.