Statutory Instruments
2013 No. 1488
Acquisition Of Land, England
Commons, England
Electricity
Highways, England
Special Parliamentary Procedure
Town And Country Planning, England And Wales
The Growth and Infrastructure Act 2013 (Commencement No. 2 and Transitional and Saving Provisions) Order 2013
Made
18th June 2013
The Secretary of State, in exercise of the powers conferred by sections 35(1) and (6) of the Growth and Infrastructure Act 2013( 1 ), makes the following Order:
Citation and interpretation
1. β(1) This Order may be cited as the Growth and Infrastructure Act 2013 (Commencement No. 2 and Transitional and Saving Provisions) Order 2013.
(2) In this Orderβ
βthe 1964 Actβ means the Harbours Act 1964( 2 );
βthe 1981 Actβ means the Acquisition of Land Act 1981( 3 );
βthe 1992 Actβ means the Transport and Works Act 1992( 4 );
βthe Actβ means the Growth and Infrastructure Act 2013; and
βthe New Towns Actβ means the New Towns Act 1981( 5 ).
Provision coming into force on the day after the day on which this Order is made for limited purposes
2.Section 20 (variation of consents under Electricity Act 1989) of the Act, for the purpose of enabling the Secretary of State or the Scottish Ministers to make regulations, comes into force on the day after the day on which this Order is made.
Provisions coming into force on 25th June 2013
3. Subject to article 8, the following provisions of the Act come into force on 25th June 2013β
(a) section 2(7) (planning proceedings: costs etc );
(b) section 3 (compulsory purchase inquiries: costs);
(c) section 6 (limits on power to require information with planning applications);
(d) section 10 and Schedule 3 (periodic review of mineral planning permissions); and
(e) section 25(1) to (6) and (10) so far as it is not already in force and section 25(7) to (9) (modification of special parliamentary procedure in certain cases).
Provisions coming into force on 25th June 2013 for limited purposes
4. The following provisions of the Act come into force on 25th June 2013 for the purpose of making regulationsβ
(a) section 13 (declarations negativing intention to dedicate land as highway); and
(b) section 15 (registration of town or village green: statement by owner).
Provisions coming into force on 31st July 2013
5. The following provisions of the Act come into force on 31st July 2013β
(a) section 20 (variation of consents under Electricity Act 1989), in relation to England and Wales so far as it is not already in force; and
(b) section 21(1) to (3) (consents under Electricity Act 1989: deemed planning permission).
Provisions coming into force on 1st October 2013
6. Subject to article 8, section 14 (registration of town or village green: reduction of section 15(3)(c) period) of the Act comes into force on 1st October 2013.
Provision coming into force on 1st December 2013
7.Section 20 (variation of consents under Electricity Act 1989), in relation to Scotland so far as it is not already in force, comes into force on 1st December 2013.
Transitional and saving provisions
8. β(1) The amendments made to the 1981 Act by section 3 of the Act shall not apply in respect ofβ
(a) a compulsory purchase order subject to section 2(2) of the 1981 Act made before 25th June 2013; and
(b) a draft compulsory purchase order subject to section 2(3) of the 1981 Act in respect of which a notice has been published in accordance with paragraph 2( 6 ) of Schedule 1 to the 1981 Act before 25th June 2013.
(2) The coming into force of section 14 of the Act so far as it applies to land in England, has no effect in relation to any cessation referred to in section 15(3)(b) of the Commons Act 2006( 7 ) which occurs before 1st October 2013.
(3) The amendments made by section 25 of the Act shall not apply in respect ofβ
(a) a compulsory purchase order subject to section 2(2) of the 1981 Act made before 25th June 2013;
(b) a draft compulsory purchase order subject to section 2(3) of the 1981 Act in respect of which a notice has been published in accordance with paragraph 2 of Schedule 1 to the 1981 Act before 25th June 2013;
(c) an application for an order authorising compulsory purchase of land which would be subject to special parliamentary procedure by virtue of the application of section 17, 18 or 19 of, or paragraph 4, 5 or 6 of Schedule 3 to, the 1981 Act made before 25th June 2013;
(d) an application for a harbour revision order under section 14(2)( 8 ) of the 1964 Act or a harbour empowerment order under section 16(1) of the 1964 Act made to the Secretary of State before 25th June 2013;
(e) a draft harbour revision order in respect of which a notice has been published by the Secretary of State under paragraph 26(1) of Schedule 3 to the 1964 Act before 25th June 2013;
(f) an order under section 10(1) or 11(1) of the New Towns Act authorising the acquisition of land made before 25th June 2013;
(g) a draft order under section 11(2) of the New Towns Act authorising the acquisition of land published in draft in accordance with paragraph 10 of Schedule 4 to the New Towns Act before 25th June 2013;
(h) an application for an order under section 1 or 3 of the 1992 Act made to the Secretary of State under section 6 of the 1992 Act before 25th June 2013; and
(i) a draft order under section 1 or 3 of the 1992 Act in respect of which a notice has been published in accordance with section 7(3)( 9 ) of the 1992 Act before 25th June 2013.
Signed by authority of the Secretary of State for Communities and Local Government
Nick Boles
Parliamentary Under Secretary of State
Department for Communities and Local Government
18th June 2013
Paragraph 2 was amended by section 101 of the Planning and Compulsory Purchase Act 2004 (c. 5) .
Section 14(2) was amended by section 63 of, and paragraph 1 of Schedule 3 to, the 1992 Act.
Section 7(3) was amended by regulation 2 of S.I. 2006/958 .