Statutory Instruments
2005 No. 2847 (C.118)
TOWN AND COUNTRY PLANNING, WALES
The Planning and Compulsory Purchase Act 2004 (Commencement No.6, Transitional Provisions and Savings) Order 2005
Made
12th October 2005
Citation and interpretation
1. —(1) This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005.
(2) In this Order—
“the 2004 Act” means the Planning and Compulsory Purchase Act 2004;
“the 1990 Act” means the Town and Country Planning Act 1990( 3 ).
Provisions coming into force on 15th October 2005 in relation to Wales
2. Subject to article 3, the following provisions of the 2004 Act shall come into force in relation to Wales on 15th October 2005—
(a) section 38;
(b) section 39;
(c) section 113;
(d) section 114;
(e) in Schedule 6, paragraphs 1, 8 to 13, 15, 17, 18 and 19 (so far as it is not yet in force), 21, 22 and 25;
(f) in Schedule 7, paragraphs 2, 3, 11(1) to (3), 16, 17, 19(2) (so far as it is not yet in force) and 23; and
(g) Schedule 9, so far as it gives effect to the repeals specified in Schedule 1 to this Order.
Transitional provisions and savings
3. —(1) During the transitional period a reference in an enactment mentioned in section 38(7) of the 2004 Act to the development plan for an area in Wales is a reference to the development plan for that area for the purposes of section 27A of the 1990 Act( 4 ).
(2) The transitional period is the period starting on 15th October 2005 and ending for each area on the date that a local development plan is adopted or approved for that area.
(3) The provisions set out in Schedule 2 to this Order shall continue to have effect on and after 15th October 2005 for the purposes of the transitional arrangements contained in articles 5 and 7 of the Planning and Compulsory Purchase Act 2004 (Commencement No.4 and Consequential and Transitional Provisions)(Wales) Order 2005( 5 ) as if those provisions had not been amended or repealed by the 2004 Act.
Signed by the authority of the First Secretary of State
Yvette Cooper
Minister or Housing and Planning
Office of the Deputy Prime Minister
12th October 2005
Article 2
SCHEDULE 1 REPEALS
| Repeals |
|---|
| Town and Country Planning Act 1990 (c. 8) |
| Part 2 |
| Section 284(1), paragraph (a) |
| Section 287, in subsection (5), paragraph (a) and in each of paragraphs (b) to (e) the words “by virtue of subsection (3)” and subsection (6) |
| Section 303(6) |
| Section 303A to the extent set out in Schedule 9 to the 2004 Act |
| Schedule 2, Part 3 |
| Schedule 13, paragraphs 1 to 4 |
| Planning and Compensation Act 1991 (c. 34) |
| Schedule 4, Part 3 |
| Local Government Act 1992 (c. 19) |
| Section 14(5), paragraph (d) |
| Environment Act 1995 (c. 25) |
| Section 67, subsections (2) to (4) |
| Countryside and Rights of Way Act 2000 (c. 37) |
| In section 86(4) “II”. |
Article 3(3)
SCHEDULE 2 SAVINGS
| Savings |
|---|
| Town and Country Planning Act 1990 (c. 8) |
| Part 2 |
| Section 284 |
| Section 287 |
| Section 296(1)(a) |
| Section 303A. |
As to consultation with the National Assembly for Wales, see section 121(2).
Inserted by the Local Government (Wales) Act 1994 (c. 19) section 20(3)