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Planning (Listed Buildings and Conservation Areas) Act 1990

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93 Regulations and orders.E+W

(1)The Secretary of State may make regulations under this Act [F1in relation to England and the Welsh Ministers may make regulations under this Act in relation to Wales]—

(a)for prescribing the form of any notice, order or other document authorised or required by any of the provisions of this Act to be served, made or issued by any local authority [F2or National Park authority];

(b)for any purpose for which regulations are authorised or required to be made under this Act.

(2)Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.

(3)Any statutory instrument containing regulations made under this Act [F3, other than regulations under section 2A , 26M or 56A,] shall be subject to annulment in pursuance of a resolution of either House of Parliament [F4(in the case of regulations made by the Secretary of State) or the National Assembly for Wales (in the case of regulations made by the Welsh Ministers)].

[F5(3A)A statutory instrument containing regulations under section 2A, 26M or 56A may not be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.]

(4)The power to make orders under sections 8(5), [F626C,] [F755(5B),] 60, 75(7) [F8, 88E] and 92 shall be exercisable by statutory instrument.

(5)Any statutory instrument which contains an order under section [F955(5B),] 60 or 75(7) shall be subject to annulment in pursuance of a resolution of either House of Parliament [F10(in the case of an order made by the Secretary of State) or the National Assembly for Wales (in the case of an order made by the Welsh Ministers)].

[F11(6)Regulations made under this Act and orders made under this Act by statutory instrument may make consequential, supplementary, incidental, transitional, transitory or saving provision.]

[F12(6A)Regulations and orders may make different provision for different purposes.

(6B)The powers to make regulations under sections 10(3)(b), 67(1) and 73(1) must be taken to be powers mentioned in section 100(2) of the Local Government Act 2003 (powers exercisable in relation to descriptions of certain local authorities which fall into particular categories for the purposes of section 99 of that Act).]

(7)Without prejudice to section 14 of the M1Interpretation Act 1978, any power conferred by this Act to make an order shall include power to vary or revoke any such order by a subsequent order.

Textual Amendments

F1Words in s. 93(1) inserted (21.3.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 40(3), 41(1)(f)

F2S. 93(1)(a) amended (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 33(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2

F3Words in s. 93(3) inserted (21.3.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 40(4)(a), 41(1)(f)

F4Words in s. 93(3) inserted (21.3.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 40(4)(b), 41(1)(f)

F7Word in s. 93(4) inserted (21.3.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 40(6), 41(1)(f)

F10Words in s. 93(5) inserted (21.3.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 40(7)(b), 41(1)(f)

F12S. 93(6A)(6B) inserted (6.8.2004 for specified purposes, otherwise 28.9.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118(1), 121(1), Sch. 6 para. 26 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2004/2202, art. 3(e)

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