SCHEDULE 4 Transitory Modifications
1
(1)
If—
(a)
no date has been appointed as the date on which a provision mentioned in column 1 of the following Table is to come into force before the relevant commencement date for a paragraph of this Schedule mentioned in column 2 of the Table opposite that provision, or
(b)
a date has been appointed which is later than the relevant commencement date for that paragraph,
then that paragraph shall have effect until the appointed day.
Provision | Paragraph of this Schedule |
|---|---|
Section 9(4) of the 1971 Act. | Paragraph 2. |
Paragraph 1 of Part I of Schedule 7 to the Housing and Planning Act 1986 (c. 63). | Paragraph 17. |
Paragraph 9(1) of Schedule 11 to the Housing and Planning Act 1986 (c. 63). | Paragraphs 6, 11 and 14. |
Paragraph 9(2) of Schedule 11 to the Housing and Planning Act 1986 (c. 63). | Paragraphs 7, 12 and 16. |
The repeal of section 110(1) of the 1971 Act in Part III of Schedule 12 to the Housing and Planning Act 1986 (c. 63). | Paragraphs 3, 4, 5, 8, 9, 10, 13 and 15. |
(2)
If—
(a)
a date has been appointed as the date on which a provision mentioned in column 1 of the Table in sub-paragraph (1) is to come into force for some purposes of that provision but not for others, and
(b)
that date is on or before the relevant commencement date for a paragraph of this Schedule mentioned in column 2 of the Table opposite that provision,
then that paragraph shall have effect for those other purposes of that provision (in so far as it is capable of doing so) until the relevant appointed day.
(3)
In this paragraph—
“the relevant commencement date”, in relation to a paragraph of this Schedule, means the date on which the provision of the consolidating Acts referred to in that paragraph comes into force;
“the appointed day” means—
(a)
in the case mentioned in paragraph (a) of sub-paragraph (1), such day as may be appointed by the Secretary of State by order made by statutory instrument; and
(b)
in the case mentioned in paragraph (b) of that sub-paragraph, the day appointed as the day on which the provision mentioned in column 1 of the Table is to come into force.
(4)
An order under sub-paragraph (3) (other than an order appointing a day until which paragraph 2 has effect) may—
(a)
appoint different days for different provisions and for different purposes, and
(b)
make such transitional provision as the Secretary of State thinks appropriate;
and in sub-paragraph (2) “the relevant appointed day”, in relation to any purpose of a provision, means the day appointed as the day on which the provision is to come into force for that purpose.