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Planning Act 2008

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Changes over time for: Section 232

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Status:

Point in time view as at 18/06/2013.

Changes to legislation:

Planning Act 2008, Section 232 is up to date with all changes known to be in force on or before 05 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. Help about Changes to Legislation

232Orders and regulationsE+W+S

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(1)Subsections (2) and (3) apply to a power to make an order or regulations conferred on the Secretary of State by this Act, except—

(a)power to make an order granting development consent;

(b)a power conferred by paragraph 1(4) of Schedule 4;

(c)a power to make changes to, or revoke, an order granting development consent;

(d)a power conferred by Part 11 or section 237 or 241.

(2)The power is exercisable by statutory instrument.

(3)The power includes—

(a)power to make different provision for different purposes (including different areas);

(b)power to make incidental, consequential, supplementary, transitional or transitory provision or savings.

(4)A statutory instrument containing an order or regulations under this Act is subject to annulment pursuant to a resolution of either House of Parliament.

This is subject to subsection (5) (and section 222(5)).

(5)Subsection (4) does not apply to a statutory instrument containing—

(a)an order granting development consent;

(b)an order made by virtue of paragraph 1(8) of Schedule 4;

(c)an order changing or revoking an order granting development consent;

(d)an order under section 14(3), [F133(5),] 111, 160(3), 161(5), 172(1), 203(5) or 227(3)(g);

(e)regulations under section [F235(2)(a)(ii),] 104(2)(c) or 105(2)(b).

(6)No order may be made under section 14(3), [F333(5),] 111, 160(3), 161(5), 203(5) or 227(3)(g) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.

(7)No regulations may be made under section [F435(2)(a)(ii),] 104(2)(c) or 105(2)(b) unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.

Textual Amendments

F1Word in s. 232(5)(d) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 131(3)(a), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F2Words in s. 232(5)(e) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 26(4)(a), 35(2)

F3Word in s. 232(6) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 131(3)(b), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F4Words in s. 232(7) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 26(4)(b), 35(2)

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