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Statutory Instruments

2019 No. 427 (C. 10)

Acquisition Of Land, Wales

The Housing and Planning Act 2016 (Commencement No. 10 and Transitional Provision) Regulations 2019

Made

4th March 2019

The Secretary of State, in exercise of the powers conferred by sections 212 and 216(3) of the Housing and Planning Act 2016(1), makes the following Regulations:

Citation

1.  These Regulations may be cited as the Housing and Planning Act 2016 (Commencement No. 10 and Transitional Provision) Regulations 2019.

Interpretation

2.  In these Regulations—

“the Act” means the Housing and Planning Act 2016;

“compulsory purchase order” has the same meaning as in section 7(1) of the Acquisition of Land Act 1981(2);

“confirming authority” has the same meaning as in section 7(1) of the Acquisition of Land Act 1981.

Provision coming into force on 6th April 2019

3.  In so far as it is not already commenced, section 181 (confirmation by inspector) of the Act comes into force on 6th April 2019 in relation to a compulsory purchase order for which the confirming authority is the Welsh Ministers.

Transitional provision: confirmation by inspector

4.  The amendments made by section 181 of the Act, commenced in accordance with these Regulations, only apply to a compulsory purchase order which is submitted to the Welsh Ministers, as confirming authority, for confirmation on or after 6th April 2019.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Kit Malthouse

Minister of State

Ministry of Housing, Communities and Local Government

4th March 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force section 181 of the Housing and Planning Act 2016 (c. 22) (“the Act”) insofar as it is not already in force. Section 181 of the Act inserts new section 14D into the Acquisition of Land Act 1981 (c. 67) (“the 1981 Act”). This enables the Welsh Ministers as confirming authority to appoint an inspector to act instead of them in relation to the confirmation of a compulsory purchase order to which section 13A of the 1981 Act applies.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

ProvisionDate of CommencementS.I. No.

Sections 9 to 11

Section 12

Sections 13 to 48 (so far as not already commenced)

31st October 2016

13th July 2016

6th April 2018

2016/733

2016/733

2018/393

Section 14(3) and (4) (partially)3rd November 20172017/1052
Section 23(8)3rd November 20172017/1052
Section 26 (partially)3rd November 20172017/1052
Section 333rd November 20172017/1052
Sections 40 to 46 (partially)6th April 20172017/281
Section 47(1) and (2)6th April 20172017/281
Section 47(3)10th March 20172017/281
Section 48 (partially)6th April 20172017/281
Sections 49 to 526th April 20172017/281
Section 536th April 20172017/281
Sections 54 to 566th April 20172017/281
Sections 64 and 6526th May 20162016/609
Section 6613th July 20162016/733
Sections 67 and 6826th May 20162016/609
Sections 80 to 911st October 20162016/956
Section 926th April 20172017/75

Sections 93 and 94

Sections 95 to 101

Section 102(1)

3rd February 2017

5th July 2018

5th July 2018

2017/75

2018/805

2018/805

Section 102(2) to (6)

Sections 103 to 117

3rd February 2017

5th July 2018

2017/75

2018/805

Section 126 (partially)10th March 20172017/281
Section 1266th April 20172017/281
Sections 128 and 1296th April 20172017/281
Section 1316th April 20172017/281
Section 1321st October 20162016/733
Section 133 to 13519th March 20182018/251
Sections 141 and 1421st October 20162016/733
Sections 143 and 14413th July 20162016/733
Sections 145(1) to 145(4)1st October 20162016/733
Section 145(5)26th May 20162016/609
Sections 146 to 1481st October 20162016/733
Sections 150(4) and 150(5)13th July 20162016/733
Sections 152(2) to 152(4)13th July 20162016/733
Section 15413th July 20162016/733
Section 1561st October 20162016/733
Section 1606th April 20172017/281
Sections 169 and 17013th July 20162016/733
Section 1711st October 20162016/733

Sections 172 to 179

Section 180

Section 181 (partially)

13th July 2016

6th April 2018

6th April 2018

2016/733

2018/251

2018/251

Section 18213th July 20162016/733
Section 183 (partially)1st October 20162016/956
Section 183 (partially)3rd February 20172017/75
Section 183 (for all remaining purposes)6th April 20172017/281
Sections 184 to 1893rd February 20172017/75
Section 19013th July 20162016/733

Section 191

Sections 192 to 195

Section 196(1) to 196(2)(a)

3rd February 2017

6th April 2018

6th April 2018

2017/75

2018/251

2018/251

Section 196(3) (partially)

Sections 197 and 198

6th April 2017

6th April 2018

2017/281

2018/251

Section 199(1)3rd February 20172017/75
Section 199(2) (partially)3rd February 20172017/75
Section 2003rd February 20172017/75

Sections 201 to 206

Schedules 1 to 3 (so far as not already commenced)

Schedules 3 – paragraphs 5(3) and 9

13th July 2016

6th April 2018

3rd November 2017

2016/733

2018/393

2017/1052

Schedule 4

Schedules 5 and 6

6th April 2016

5th July 2018

2017/75

2018/805

Schedule 9 – paragraph 710th March 20172017/281
Schedule 9 (for all remaining purposes)6th April 20172017/281
Schedule 111st October 20162016/733
Schedule 12 (excluding paragraph 27)13th July 20162016/733
Schedule 1413th July 20162016/733
Schedule 15 – paragraphs 1, 2(1), 2(2), 3(1), 3(2) (partially)1st October 20162016/956
Schedule 15 – paragraphs 1 to 7 (partially)3rd February 20172017/75
Schedule 15 – paragraphs 1 to 7 (for all remaining purposes)6th April 20172017/281
Schedule 15 – paragraph 81st October 20162016/956
Schedule 1613th July 20162016/733
Schedule 173rd February 20172017/75
Schedule 18– paragraphs 1 to 93rd February 20172017/75
Schedule 1913th July 20162016/733
(2)

1981 c. 67. There are amendments to section 7 which are not relevant to this instrument.