Citation and interpretation

1. —(1) These Regulations may be cited as the Levelling-up and Regeneration Act 2023 (Commencement No. 2 and Transitional Provisions) Regulations 2024.

(2) In these Regulations “ the Act ” means the Levelling-up and Regeneration Act 2023.

Provisions coming into force on 31st January 2024

2. The following provisions of the Act come into force on 31st January 2024—

(a) section 78 (capital finance risk management);

(b) section 81 (alteration of street names: England);

(c) section 94 (national development management policies: meaning);

(d) section 106 (street votes), so far as it confers a power to make regulations and so far as it relates to the provisions of Schedule 9 brought into force by paragraph (q);

(e) section 107 (street votes: community infrastructure levy), so far as it confers a power to make regulations;

(f) section 123 (duty in relation to self-build and custom housebuilding);

(g) section 129 (hazardous substances consent: connected applications to the Secretary of State);

(h) section 140 (enforcement of community infrastructure levy);

(i) section 180 (acquisition by local authorities for purpose of regeneration);

(j) section 181 (online publicity), so far as it confers a power to make regulations;

(k) section 184 (corresponding provision for purchases by Ministers), so far as it relates to the provisions of Schedule 19 brought into force by paragraph (r);

(l) section 185 (time limits for implementation);

(m) section 186 (agreement to vary vesting date);

(n) section 187 (common standards for compulsory purchase data);

(o) section 188 (‘no-scheme’ principle: minor amendments);

(p) Schedule 5 (alteration of street names: consequential amendments);

(q) paragraph 1 (Town and Country Planning Act 1990), sub-paragraphs (6) to (10) of Schedule 9 (street votes: minor and consequential amendments), so far as they confer a power to make a development order;

(r) paragraph 1 (online publicity) of Schedule 19 (compulsory purchase: corresponding provision for purchases by Ministers), so far as it confers a power to make regulations.

Provision coming into force on 12th February 2024

3. Section 135 of the Act (biodiversity net gain: pre-development biodiversity value and habitat enhancement) comes into force on 12th February 2024.

Provision coming into force on 30th April 2024

4. Section 190 of the Act (power to require prospects of planning permission to be ignored) comes into force, in relation to England, on 30th April 2024.

Provision coming into force on 31st January 2025

5. Section 189 of the Act (prospects of planning permission for alternative development) comes into force on 31st January 2025.

Transitional provisions relating to compulsory purchase

6. —(1) The amendments made to the Acquisition of Land Act 1981( 2 ), and consequential amendments to the Compulsory Purchase Act 1965( 3 ), Compulsory Purchase (Vesting Declarations) Act 1981( 4 ) and Housing Act 1985( 5 ), by section 185 of the Act do not apply in relation to a compulsory purchase order where—

(a) notice of the making of the order pursuant to section 11(1) of the Acquisition of Land Act 1981, or

(b) notice of the preparation in draft of the order pursuant to paragraph 2(1) of Schedule 1 of the Acquisition of Land Act 1981,

has already been published before the day on which that section comes into force.

(2) The amendments made to the Compulsory Purchase (Vesting Declarations) Act 1981 by section 186 of the Act do not apply to a general vesting declaration that has been executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 before the day on which that section comes into force.

(3) The amendments made to the Land Compensation Act 1961( 6 ) by section 189 of the Act do not apply to any acquisition where the first relevant notification date is before the date on which section 189 of the Act comes into force.

(4) In paragraph (3) “ relevant notification date ” means the date on which—

(a) in the case of an acquisition authorised by a compulsory purchase order—

(i) notice of the making of the order, or

(ii) where the order was made by a Minister, notice of the preparation in draft of the order,

has been published or served,

(b) in the case of an acquisition authorised by a special enactment, the special enactment was introduced to Parliament,

(c) an offer in writing has been made by or on behalf of a relevant authority to negotiate for the purchase of an interest,

(d) in the case of a notice served under any enactment requiring the purchase of an interest (other than as set out in sub-paragraphs (e) to (g) below), the relevant authority is to be deemed to have served a notice to treat in respect of that interest,

(e) in the case of an acquisition authorised by an order made under the Transport and Works Act 1992( 7 ), notice of the application for such order was published under article 14 (publicity for application) of The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006( 8 ),

(f) in the case of an acquisition authorised by an order made under the Planning Act 2008( 9 ), the applicant first gave notice of its application under section 56 (notifying persons of accepted application) of that Act, or

(g) in the case of an acquisition authorised by an order made under the Harbours Act 1964( 10 ), notice of the application for such order was served under paragraph 11 of Schedule 3 (procedure for making harbour revision and empowerment orders) of that Act.

(5) In paragraph (4) “ special enactment ” means—

(a) a local or private Act which authorises the compulsory purchase of land specifically identified in that Act, or

(b) a provision which—

(i) is contained in an Act other than a local or private Act, and

(ii) authorises the compulsory purchase of land specifically identified in that Act.

(6) The amendments made to the Acquisition of Land Act 1981, the Land Compensation Act 1961, the New Towns Act 1981( 11 ), the Welsh Development Agency Act 1975( 12 ), and the Town and Country Planning Act 1990( 13 ) by section 190 of the Act do not apply in relation to a compulsory purchase order where—

(a) notice of the making of the order pursuant to section 11(1) of the Acquisition of Land Act 1981, or

(b) notice of the preparation in draft of the order pursuant to paragraph 2(1) of Schedule 1 of the Acquisition of Land Act 1981,

has already been published before the day on which that section comes into force.