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The Planning and Compulsory Purchase Act 2004 (Commencement No. 10 and Saving) Order 2007
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2007 No. 1369 (C. 58)
town and country planning, wales
The Planning and Compulsory Purchase Act 2004 (Commencement No. 10 and Saving) Order 2007
Made
25th April 2007
Citation
1. This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 10 and Saving) Order 2007.
Provisions coming into force on 30th June 2007 in relation to Wales
2. The following provisions of the Planning and Compulsory Purchase Act 2004, in so far as not already in force, shall come into force in relation to Wales on 30th June 2007—
(a)section 42(1) and (5) to (9); and
(b)Schedule 9 so far as it gives effect to the repeal of section 76 of the Town and Country Planning Act 1990(3) (duty to draw attention to certain provisions for the benefit of the disabled).
Saving
3.—(1) Notwithstanding article 2(a), the Town and Country Planning (Applications) Regulations 1988(4) shall, subject to paragraph (2), continue to have effect on and after 30th June 2007.
(2) Regulation 3(3)(a) of the 1988 Regulations (applications for renewal of planning permissions) shall cease to have effect on the date on which section 51(3) of the Planning and Compulsory Purchase Act 2004 (amendment of section 73 of the principal Act) comes into force in relation to Wales.
Signed by the authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
25th April 2007
EXPLANATORY NOTE
(This note is not part of the Order)
Article 2 of this Order brings into force on 30th June 2007, in relation to Wales, the following provisions of the Planning and Compulsory Purchase Act 2004—
Section 42(1) and (5) to (9) (applications for planning permission and certain consents); and
Schedule 9 so far as it gives effect to the repeal of section 76 of the Town and Country Planning Act 1990 (duty to draw attention to certain provisions for the benefit of the disabled).
Article 3 contains a saving for the Town and Country Planning (Applications) Regulations 1988.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1 to 3 (partially) | 6th August 2004 | 2004/2097 |
| Sections 1 to 3 as to England (in so far as not already in force | 28th September 2004 | 2004/2202 |
| Section 4 as to England | 28th September 2004 | 2004/2202 |
| Section 5 (partially) | 6th August 2004 | 2004/2097 |
| Section 5 as to England (in so far as not already in force) | 28th September 2004 | 2004/2202 |
| Sections 6 and 7 as to England | 28th September 2004 | 2004/2202 |
| Section 8 (partially) | 6th August | 2004/2097 |
| Section 8 as to England (in so far as not already in force) | 28th September 2004 | 2004/2202 |
| Section 9 as to England | 28th September 2004 | 2004/2202 |
| Sections 10 to 15 (partially) | 6th August 2004 | 2004/2097 |
| Sections 10 to 15 as to England (in so far as not already in force) | 28th September 2004 | 2004/2202 |
| Section 16 (partially) | 6th August 2004 | 2004/2097 |
| Section 16 as to England (in so far as not already in force) | 28th September | 2004/2202 |
| Section 17 (partially) | 6th August 2004 | 2004/2097 |
| Section 17 as to England (in so far as not yet already in force) | 28th September 2004 | 2004/2202 |
| Section 18 as to England | 28th September 2004 | 2004/2202 |
| Sections 19 to 22 (partially) | 6th August 2004 | 2004/2097 |
| Sections 19 to 22 as to England (in so far as not already in force) | 28th September 2004 | 2004/2202 |
| Section 23 as to England | 28th September 2004 | 2004/2202 |
| Sections 24 to 26 (partially) | 6th August 2004 | 2004/2097 |
| Sections 24 to 26 as to England (in so far as not already in force) | 28th September 2004 | 2004/2202 |
| Section 27 as to England | 28th September 2004 | 2004/2202 |
| Sections 28 and 29 (partially) | 6th August 2004 | 2004/2097 |
| Section 28 and 29 as to England (in so far as not already in force) | 28th September 2004 | 2004/2202 |
| Section 30 as to England | 28th September 2004 | 2004/2202 |
| Section 31 (partially) | 6th August 2004 | 2004/2097 |
| Section 31 as to England (in so far as not yet already in force) | 28th September 2004 | 2004/2202 |
| Section 32 to 34 as to England | 28th September 2004 | 2004/2202 |
| Sections 35 and 36 (partially) | 6th August 2004 | 2004/2097 |
| Sections 35 and 36 as to England (in so far as not already in force) | 28th September 2004 | 2004/2202 |
Sections 37 to 39 as to England Sections 38 and 39 as to Wales | 28th September 2004 15th October 2005 | |
| Sections 40 to 42 (partially) | 6th August 2004 | 2004/2097 |
| Sections 40 and 41 as to England | 10th May 2006 | 2006/1061 |
| Section 42(1) and (5) to (9) as to England | 10th August 2006 | 2006/1061 |
| Section 43 (partially) as to England | 24th August 2005 | 2005/2081 |
| Section 44 (partially) | 6th August 2004 | 2004/2097 |
| Section 44 (in so far as not already in force) | 24th August 2005 | 2005/2081 |
| Sections 46 to 50 (partially) as to England | 6th August 2004 | 2004/2097 |
| Section 49 as to England | 10th May 2006 | 2006/1061 |
| Section 51 as to England | 24th August 2005 | 2005/2081 |
| Sections 52 to 54 (partially) | 6th August 2004 | 2004/2097 |
| Sections 52 and 53 as to England (in so far as not already in force) | 7th March 2005 | 2005/204 |
| Section 53 as to Wales (in so far as not already in force) | 27th March 2006 | 2006/931 |
| Section 54 (in so far as not already in force) | 25th August 2005 | 2005/2081 |
| Sections 55 as to England (in so far as not already in force) | 1st April 2005 | 2005/204 |
| Section 56 as to England and Wales | 28th September 2004 | 2004/2202 |
| Section 57 (partially) | 6th August 2004 | 2004/2097 |
| Section 57 as to England and Wales (in so far as not already in force) | 28th September 2004 | 2004/2202 |
| Section 58 as to England and Wales | 28th September 2004 | 2004/2202 |
| Section 59 (partially) | 6th August 2004 | 2004/2097 |
| Section 59 as to England and Wales (in so far as not already in force) | 28th September 2004 | 2004/2202 |
| Sections 79 to 83 (partially) | 6th August 2004 | 2004/2097 |
| Sections 79 to 89 (in so far as not already in force) | 7th June 2006 | 2006/1281 |
| Section 88 (partially) | 6th August 2004 | 2004/2097 |
| Section 91 (partially) | 6th August 2004 | 2004/2097 |
| Section 91 (in so far as not already in force) | 7th June 2006 | 2006/1281 |
| Sections 100 and 101 (partially) | 6th August 2004 | 2004/2097 |
| Sections 99 to 110 as to England and Wales (in so far as not already in force) | 31st October 2004 | 2004/2593 |
| Section 111(1) | 7th June 2006 | 2006/1281 |
| Section 111(2) as to England and Wales | 31st October 2004 | 2004/2593 |
| Section 112 | 7th June 2006 | 2006/1281 |
Section 113 as to England Section 113 as to Wales | 28th September 2004 15th October 2005 | |
Section 114 as to England (partially) Section 114 as to Wales | 28th September 2004 15th October 2005 | |
| Section 116 (partially) | 6th August 2004 | 2004/2097 |
| Section 116 (in so far as not already in force) | 25th August 2005 | 2005/2081 |
| Section 118 except subsection (2) in so far as it relates to the Town and Country Planning (Scotland) Act 1997 (partially) | 6th August 2004 | 2004/2097 |
| Section 118 except subsection (2) in so far as it relates to the Town and Country Planning (Scotland) Act 1997 (in so far as not already in force) | 28th September 2004 | 2004/2202 |
| Section 119 (1) (partially) | 6th August 2004 | 2004/2097 |
| Section 119(1) as to England (in so far as not already in force) | 28th September 2004 | 2004/2202 |
| Section 120 except in so far as it relates to the Town and Country Planning (Scotland) Act 1997, to the Planning (Hazardous Substances) (Scotland) Act 1997 or to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (partially) | 6th August 2004 | 2004/2097 |
| Section 120 except in so far as it relates to the Town and Country Planning (Scotland) Act 1997, to the Planning (Hazardous Substances) (Scotland) Act 1997 or to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 | 28th September 2004 | 2004/2202 |
| Schedule 1 (partially) | 6th August 2004 | 2004/2097 |
| Schedule 1 as to England (in so far as not already in force) | 10th May 2006 | 2006/1061 |
| Schedule 2 paragraph 3 (partially) | 6th August 2004 | 2004/2097 |
| Schedule 2 as to England (in so far as not already in force) | 1st April 2005 | 2005/204 |
| Section 117(1) to (7) (partially) | 6th August 2004 | 2004/2097 |
| Section 117(1) to (7) as to England and Wales (in so far as not in force) | 28th September 2004 | 2004/2202 |
| Schedule 3 paragraph 6 to 8 and 10 to 12 (partially) | 6th August 2004 | 2004/2097 |
| Schedule 3 (in so far as not already in force) | 7th June 2006 | 2006/1281 |
| Schedule 4 | 7th June 2006 | 2006/1281 |
| Schedule 6 paragraphs 1, 3, 14, 16, 19, 20, 23, 24, 26 and 27 (partially) | 6th August 2004 | 2004/2097 |
| Schedule 6 paragraphs 1, 8 to 13, 15, 16(1) and (2), 17 to 19, 21, 22 and 25 as to England (in so far as not already in force) | 28th September 2004 | 2004/2202 |
| Schedule 6 paragraphs 1, 8 to 13, 15, 17, 18 and 19 (in so far as not already in force), 21, 22 and 25 as to Wales | 15th October 2005 | 2005/2847 |
| Schedule 6 paragraph 7 as to England and Wales | 31st October 2004 | 2004/2593 |
| Schedule 6 paragraph 16(4) (in so far as not already in force) | 25th July 2005 | 2004/2081 |
| Schedule 6 paragraphs 20, 23, 24 and 26 as to England and Wales (in so far as not already in force) | 28th September 2004 | 2004/2202 |
| Schedule 6 paragraph 2 | 7th June 2006 | 2006/1281 |
| Schedule 7 paragraph 19 (partially) | 6th August 2004 | 2004/2097 |
| Schedule 7 paragraphs 2, 3, 6, 8, 11(1) to (3), 16, 17, 19(2), 22 and 23 as to England (in so far as not already in force) | 28th September 2004 | 2004/2202 |
| Schedule 7, paragraphs 2, 3, 11(1) to (3), 16, 17, 19(2) and 23 as to Wales (in so far as not already in force). | 15th October 2005 | 2005/2847 |
| Schedule 7 paragraphs 4, 5, 7, 9, 10(1) to (6), 11(4) and (5), 12 to 15, 18 and 21 as to England and Wales | 31st October 2004 | 2004/2593 |
| Schedule 8 paragraph 4,9,17 and 18 (partially) | 6th August 2004 | 2004/2097 |
| Schedule 8 as to England (so far as not already in force) | 28th September 2004 | 2004/2202 |
| Schedule 9 as to England (partially) | 28th September 2004 | 2004/2202 |
| Schedule 9 as to England and Wales (partially) | 28th September 2004 | 2004/2202 |
Schedule 9 as to England and Wales (partially) Schedule 9 as to Wales (partially) | 31st October 2004 15th October 2005 | |
| Schedule 9 as to England and Wales (partially) | 10th August 2006 | 2006/1061 |
| Schedule 9 (partially) | 7th June 2006 | 2006/1281 |
WALES
The following commencement orders have been made by the National Assembly for Wales in relation to Wales—
The Planning and Compulsory Purchase Act 2004 (Commencement No 1 and Transitional Provision) (Wales) Order 2004 (S.I. 2004/1814 (W. 199)).
The Planning and Compulsory Purchase Act 2004 (Commencement No 2) (Wales) Order 2004 (S.I. 2004/1813 (W.198)).
The Planning and Compulsory Purchase Act 2004 (Commencement No 3 and Consequential and Transitional Provisions) (Wales) Order 2005 (S.I. 2005/1229 (W.87)).
The Planning and Compulsory Purchase Act 2004 (Commencement No 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (S.I 2005/2722 (W.193)).
The Planning and Compulsory Purchase Act 2004 (Commencement No 4 and Consequential, Transitional and Savings Provisions) (Wales) (Amendment) Order 2006 (S.I 2006/842 (W.77)).
The Planning and Compulsory Purchase Act 2004 (Commencement No 4 and Consequential, Transitional and Savings Provisions) (Wales) (Amendment No 2) Order 2006 (S.I. 2006/1700 (W.162)).
The Planning and Compulsory Purchase Act 2004 (Commencement No 4 and Consequential, Transitional and Savings Provisions) (Wales) (Amendment No 3) Order 2006 (S.I 2006/3119 (W289)).
(1)
(2)
As to consultation with the National Assembly for Wales, see section 121(2).
(3)
(4)
S.I. 1988/1812 amended by S.I. 2003/956 in relation to England and by S.I. 2004/3156 in relation to Wales.
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