Statutory Instrument 1992 No. 1630 (C. 54)

The Planning and Compensation Act 1991 (Commencement No. 11 and Transitional Provisions) Order 1992

---

© Crown Copyright 1992

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Planning and Compensation Act 1991 (Commencement No. 11 and Transitional Provisions) Order 1992, ISBN 0110246306. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1992 No. 1630 (C. 54)

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Planning and Compensation Act 1991 (Commencement No. 11 and Transitional Provisions) Order 1992

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 84(2) and (3) of the Planning and Compensation Act 1991^[1] and all other powers enabling them in that behalf, hereby make the following Order—

Citation and interpretation
    1.—(1)  This order may be cited as the Planning and Compensation Act 1991 (Commencement No. 11 and Transitional Provisions) Order 1992.

    (2)  In this order—

"the 1990 Act" means the Town and Country Planning Act 1990^[2];


"the 1991 Act" means the Planning and Compensation Act 1991.

Provisions coming into force on 27th July 1992
    2.    Subject to article 3, the following provisions of the 1991 Act shall come into force on 27th July 1992—
section 2;


section 4, so far as it is not yet in force;


section 10, so far as it is not yet in force;


section 32, so far as it relates to the provisions of Schedule 7 set out in the first column of Schedule 1 to this Order, and, where there is an entry against that provision in the second column of that Schedule, to the extent therein provided; and


section 84(6), so far as it gives effect to the repeals in Part 1 of Schedule 19 specified in Schedule 2 to this Order.

Transitional provisions
    3.—(1)  The amendments to the 1990 Act brought into force by this Order shall not apply with respect to applications made under section 64(1) or 192(1) of that Act (as originally enacted) before the coming into force of this Order (and accordingly that Act shall continue to apply to such applications (and to appeals made following the refusal or it was in force immediately before the coming into force of this Order).

    (2)  Without prejudice to paragraph (1), subsection (4) of section 192 of the 1990 Act, as originally enacted, shall continue to apply for the purpose of established use certificates (within the meaning of that section) granted under that Act notwithstanding the repeal of that subsection by section 10(1) of the 1991 Act.

    (3)  The amendment made to section 2(3) of the Agricultural Land (Removal of Surface Soil) Act, 1953^[3] by paragraph 1 of Schedule 7 to the 1991 Act and the repeal of paragraph 3(2) of the Planning (Consequential Provisions) Act 1990^[4] shall not apply for the purposes of proceedings brought under the 1953 Act in respect of operations where, before the carrying out of the operations, it was determined under section 64 of the 1990 Act that the operations would not fall within section 1(1)(b) of the 1953 Act.

Signed by authority of the Secretary of State for the Environment

Sir George Young

Minister of State, Department of the Environment

25th June 1992

David Hunt

Secretary of State for Wales

29th June 1992

[1] 1991 c. 34. back

[2] 1990 c. 8. back

[3] 1953 c. 10. back

[4] 1990 c. 11. back

Explanatory Note