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Statutory Instruments

2012 No. 2029 (C. 80)

Town And Country Planning, England

Housing, England

The Localism Act 2011 (Commencement No. 7 and Transitional, Saving and Transitory Provisions) Order 2012

Made

2nd August 2012

The Secretary of State for Communities and Local Government, in exercise of the powers conferred by section 240(2) and (7) of the Localism Act 2011( 1 ), makes the following Order.

Citation and interpretation

1. This Order may be cited as the Localism Act 2011 (Commencement No. 7 and Transitional, Saving and Transitory Provisions) Order 2012.

2. In this Orderβ€”

β€œthe 1990 Act” means the Town and Country Planning Act 1990( 2 );

β€œthe 2004 Act” means the Planning and Compulsory Purchase Act 2004( 3 );

β€œthe Act” means the Localism Act 2011;

β€œbusiness referendum” means an additional referendum( 4 ) which, by virtue of paragraph 15(1) of Schedule 4B to the 1990 Act, must be held on the making of a neighbourhood development order or neighbourhood development plan;

β€œthe commencement date” means the day after the day on which this Order is made; and

β€œcorresponding residential referendum” means a referendum which, by virtue of paragraph 14 of Schedule 4B to the 1990 Act, must be held on the making of the same neighbourhood development order or neighbourhood development plan as the business referendum.

Provisions coming into force on the commencement date in relation to England and Wales

3. Subject to article 5, the following provisions of the Act (so far as they are not yet in force) come into force in relation to England and Wales on the commencement dateβ€”

(a) sections 116 and 121 and Schedules 9 to 12, but not for the purpose of holding a business referendum and its corresponding residential referendum under paragraphs 14 and 15 of Schedule 4B to the 1990 Act in a neighbourhood area which has been designated as a business area under section 61H of the 1990 Act( 5 ); and

(b) Part 23 of Schedule 25 and section 237, so far as relating to that Part.

Revocation

4.Article 12 of the Localism Act 2011 (Commencement Order No. 4 and Transitional, Transitory and Saving Provisions) Order 2012( 6 ) is revoked with effect from the commencement date.

Neighbourhood planning: referendums in business areas

5. Where a neighbourhood area has been designated as a business area under section 61H of the 1990 Act the duty to hold a business referendum and its corresponding residential referendum as to the making of a neighbourhood development order or a neighbourhood development plan imposed by paragraph 12(4) of Schedule 4B to the 1990 Act( 7 ) does not apply until regulations in relation to the conduct of business referendums are made under paragraph 16 of Schedule 4B to the 1990 Act.

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

Grant Shapps

Minister of State

Department for Communities and Local Government

2nd August 2012

( 1 )

2011 c. 20 .

( 2 )

1990 c. 8 .

( 3 )

2004 c. 5 .

( 4 )

Additional referendums are referred to in paragraph 12(4) of Schedule 4B to the 1990 Act.

( 5 )

Section 61H and Schedule 4B were inserted into the 1990 Act by paragraph 2 of Schedule 9 to, and Schedule 10 to, the Localism Act 2011.

( 7 )

Section 61H and Schedule 4B were inserted into the 1990 Act by paragraph 2 of Schedule 9 to, and Schedule 10 to, the Localism Act 2011. Those provisions are applied to neighbourhood development plans by virtue of section 38 A of the Planning and Compulsory Purchase Act 2004 (c. 5) .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Localism Act 2011 (Commencement No. 7 and Transitional, Saving and Transitory Provisions) Order 2012 (2012/2029)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
business referendumart. 1.business_r_rtNOdMm
corresponding residential referendumart. 1.correspond_rtSN3tz
the 1990 Actart. 1.the_1990_A_rt6X1IX
the 2004 Actart. 1.the_2004_A_rtwlKgI
the Actart. 1.the_Act_rtS9xt3
the commencement dateart. 1.the_commen_rt3mqpT
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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