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Statutory Instruments

2009 No. 849

Town And Country Planning, England

The Planning (Consequential Provisions) Act 1990 (Appointed Day No. 2 and Transitional Provision) (England) Order 2009

Made

1st April 2009

The Secretary of State, in exercise of the powers conferred by paragraph 1(3) and (4) of Schedule 4 to the Planning (Consequential Provisions) Act 1990( 1 ), makes the following Order:

Citation, application and interpretation

1. —(1) This Order may be cited as the Planning (Consequential Provisions) Act 1990 (Appointed Day No. 2 and Transitional Provision) (England) Order 2009.

(2) This Order applies in relation to England only.

(3) In this Order “Schedule 4” means Schedule 4 to the Planning (Consequential Provisions) Act 1990.

Further partial commencement of provisions conferring powers to award costs

2. —(1) Subject to paragraphs (2) and (3), 6th April 2009 is the day appointed under paragraph 1(3)(a) of Schedule 4 for the purposes of paragraphs 3 to 16 of that Schedule( 2 ).

(2) Paragraph (1) has effect only for the purposes of proceedings which do not give rise to an inquiry or hearing.

(3) Paragraph (1) does not have effect for the purposes of awards of costs in relation to proceedings under section 259 of the Town and Country Planning Act 1990( 3 ) (confirmation of orders made by other authorities).

Transitional provision

3. Nothing in article 2 shall apply in relation to any proceedings occasioned by—

(a) an application referred or an appeal made to the Secretary of State before 6th April 2009, or

(b) an order or notice submitted or sent to the Secretary of State before that date for confirmation or approval.

Signed by authority of the Secretary of State

Kay Andrews

Parliamentary Under Secretary of State

Department for Communities and Local Government

1st April 2009

( 1 )

1990 c. 11 .

( 2 )

The Planning (Consequential Provisions) Act 1990 (Appointed Day No 1 and Transitional Provisions) Order 1991 ( S.I. 1991/2698 ) was also made pursuant to paragraph 1(3) and (4) of Schedule 4.

( 3 )

1990 c. 8 . There are amendments to section 259 which are not relevant to this Order.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Planning (Consequential Provisions) Act 1990 (Appointed Day No. 2 and Transitional Provision) (England) Order 2009 (2009/849)

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Schedule 4art. 1.Schedule_4_rtDnLjh

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