Neighbourhood Planning Act 2017

Part 3 Final provisions

43 Financial provisions

The following are to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by a Minister of the Crown, a person holding office under Her Majesty or a government department, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

44 Regulations

(1) Regulations under this Act are to be made by statutory instrument.

(2) A statutory instrument containing (whether alone or with any other provision) any of the following regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

(a) regulations under section 29(1), (2) or (3) made by the Secretary of State;

(b) regulations under section 42(1) which amend or repeal a provision of primary legislation.

(3) A statutory instrument containing (whether alone or with any other provision) regulations under section 29(1) or (3) made by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(4) A statutory instrument containing any of the following regulations and to which subsection (2) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament—

(a) regulations under section 25(4);

(b) regulations under section 42(1) which do not amend or repeal a provision of primary legislation.

(5) Regulations under this Act—

(a) may make different provision for different purposes or areas;

(b) may make provision which applies generally or for particular purposes or areas;

(c) may make transitional, transitory or saving provision;

(d) may make incidental, supplementary or consequential provision.

(6) If a draft of regulations under section 29(3) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the Standing Orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

(7) In this section “primary legislation” means—

(a) an Act of Parliament, or

(b) a Measure or Act of the National Assembly for Wales.

45 Extent

(1) This Act extends to England and Wales only, subject to subsection (2).

(2) Section 42 and this Part extend to England and Wales, Scotland and Northern Ireland.

46 Commencement

(1) This Act comes into force on such day as the Secretary of State appoints by regulations, subject to subsection (3).

(2) Regulations under subsection (1) may appoint different days for different purposes or areas.

(3) The following provisions come into force on the day on which this Act is passed—

(a) section 2, for the purposes only of enabling the Secretary of State to make provision by development order under paragraph 8(6) of Schedule 1 to the Town and Country Planning Act 1990;

(b) sections 4, 9, 12 and 13 and Schedule 1, to the extent that they confer power on the Secretary of State to make regulations;

(c) section 15;

(d) section 17;

(e) section 42;

(f) this Part.

(4) 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.

47 Short title

This Act may be cited as the Neighbourhood Planning Act 2017.