The Planning and Compensation Act 1991 (Commencement No. 5 and Transitional Provisions) Order 1991

Article 3

SCHEDULE 1 EXTENT OF COMMENCEMENT OF SCHEDULE 7

Provision	Extent of commencement
Paragraphs 2 and 4
Paragraph 5	except so far as it relates to the reference to section 187A
Paragraph 7
Paragraph 9(1)
Paragraph 9(2)(d)	so far as it relates to the reference to section 171C
Paragraph 9(2)(e)
Paragraph 9(2)(f)	so far as it relates to the reference to section 187B
Paragraph 9(2)(g)
Paragraph 9(2)(i)	except so far as it relates to the substitution of a reference to “section 316(1) to (3)” by a reference to “section 316”
Paragraphs 11, 13, 16
Paragraphs 18 and 19	so far as they relate to the inclusion in sections 77(4) and 79(4) of the 1990 Act respectively of a reference to section 73A
Paragraphs 20 to 23, 24(1)(a), (2), (3), 25
Paragraph 26	except so far as it relates to breach of condition notices
Paragraphs 27 to 29, 31, 35, 42
Paragraph 45(1)
Paragraph 45(2)	except so far as it relates to the reference to section 187A
Paragraphs 47 and 50
Paragraph 52(1)
Paragraph 52(2)(a)	except so far as it relates to the definition of “breach of condition notice”
Paragraph 52(2)(b), (f), (g), (4)
Paragraph 53(3)	except so far as it relates to applications for consent to the display of advertisements
Paragraph 53(5)	so far as it confers on the Secretary of State a power to make provision by development order
Paragraph 53(6)	so far as it relates to the insertion of the words “planning contravention notices under section 171C or”
Paragraph 53(7), (8)
Paragraph 54(3)(c), (e)
Paragraph 57(2)(a)	so far as it relates to the omission of the reference to section 63
Paragraph 57(2)(c)
Paragraph 57(2)(g)	so far as it relates to the reference to sections 196A to 196C
Paragraph 57(2)(h), (i)
Paragraph 57(3)(c)
Paragraph 57(3)(d)	except so far as it relates to section 187A
Paragraphs 58 to 61

Article 3

SCHEDULE 2 REPEALS IN PART I OF SCHEDULE 19 COMING INTO FORCE ON 2ND JANUARY 1992

Chapter	Short Title	Extent of Repeal
1990 c. 8.	Town and Country Planning Act 1990.	Section 63.
		In section 69, in subsection (1) “made to that authority” and in subsection (3) “made to the authority”.
		In section 178(2) “(as defined in section 172(3))”.
		In section 186(1)(c) the words from “or for its retention” to “granted”.
		Section 190(4).
		In section 210, in subsection (3) “on indictment” and subsection (5).
		In section 285, in subsection (1) “Subject to the provisions of this section”, in subsection (2) “(6) to (8)” and subsections (5) and (6).
		In section 324, in subsection (1)(b) “198 to 200”, in subsection (1)(c) “Part VII” and subsection (2).
		In section 336(1), in the definition of “planning permission” the words from “and in construing” to the end.
		In Schedule 1, paragraph 4(1).
		In Schedule 16, in the entry relating to section 285 “except subsections (5) and (6)”.
1990 c. 9.	Planning (Listed Buildings and Conservation Areas) Act 1990.	In section 38(2) “within such period as may be so specified”.
		In section 39(7) “in writing”.
		Section 42(7).
		Section 55(6).
		In section 88(6) “or the presence of minerals in it”.
		In section 90(6)(b) “and 42(6)”.
		In section 92(2)(b) “and 42(6)”.
1990 c. 10.	Planning (Hazardous Substances) Act 1990.	In section 25(1)(c) “(1) to (5) and (7)”.
		In section 36(5) “Subject to subsection (6)”.
1990 c. 11.	Planning (Consequential Provisions) Act 1990.	In Schedule 2, paragraph 38.

Article 4

SCHEDULE 3 REPEALS IN PART I OF SCHEDULE 19 COMING INTO FORCE ON 10TH FEBRUARY 1992

Chapter	Short Title	Extent of Repeal
1990 c. 8.	Town and Country Planning Act 1990.	In section 12(4)(a), “other” (in the second place where it occurs) and “or for any description of development or other use of such land”.
		Section 14(3).
		In section 21(2) “Subject to section 22”.
		Section 22.
		Section 23(2) to (4), (9) and (10).
		In section 49 “repeal”.
		In section 50, in subsection (1) “for the repeal and”, subsections (2) and (3), in subsections (4) and (5) “repeal and”, in subsection (6) “repeal”, in paragraph (a) the words from the beginning to “except that”, “or 40(2)(a)” and “or 40(3)” and in paragraph (b) “and they may do so as respects any part of their area to which the proposals relate” and in subsection (8) “repeal” and “in accordance with the provisions of the relevant local plan scheme”.
		In section 51(1) “repeal” (in both places).
		Section 52(2) and (3).
		In section 53, in subsections (1) and (2)(b) “repeal”, in subsection (2)(g) “repealing” and subsection (5).
		In section 284, in subsection (1)(a) “repeal” (in both places).
		In section 287(1), (2), (3) and (5) “repeal” in each place where it occurs.
		In section 306(2) “repeal”.
		In Schedule 2, in Part I paragraphs 3, 5 and 6, and in Part II paragraphs 3 to 16 and 18.
		In Schedule 13, Notes (2) and (5) to paragraph 2, in Note (3) to paragraph 2 “also”, in Note (1)(b) to paragraph 3 “or under section 22”, in Note (2) to paragraph 3 “13(7) or”, in Note (1)(b) to paragraph 4 “or under section 22” and in Note (2) to paragraph 4 “13(7) or”.
1990 c. 11.	Planning (Consequential Provisions) Act 1990.	In Schedule 4, in paragraph 1, in the Table the entry relating to section 9(4) of the 1971 Act and paragraph 2 of the Schedule, and paragraph 2 of the Schedule.