Planning (Consequential Provisions) Act 1990
In this Act—
“the consolidating Acts” means the principal Act, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990 and, so far as it reproduces the effect of the repealed enactments, this Act,
“the consolidating Acts” means the principal Act, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990 and, so far as it reproduces the effect of the repealed enactments, this Act,
“the principal Act” means the Town and Country Planning Act 1990, and
“the principal Act” means the Town and Country Planning Act 1990, and
“the repealed enactments” means the enactments repealed by this Act.
“the repealed enactments” means the enactments repealed by this Act.
Expressions used in this Act and in any of the other consolidating Acts have the same meaning as in those Acts.
The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.
Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for the purposes of that corresponding provision.
Any reference, whether express or implied, in the consolidating Acts or any other enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.
Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the consolidating Acts.
The enactments specified in Schedule 1 are repealed to the extent specified in the third column of that Schedule.
Those repeals include the repeal, in accordance with Recommendations of the Law Commission, of section 105(4) and (5) of the 1968 Act and section 21(7A) and (8) of the 1971 Act as no longer of practical utility.
The repeals have effect subject to any relevant savings in Schedule 3.
Schedule 2 (which makes consequential amendments) shall have effect, subject to any relevant transitional provisions in Schedule 3.
Schedule 3 (which makes transitional provision and contains savings in connection with the repeals made by this Act) shall have effect.
Nothing in that Schedule affects the general operation of section 16 of the Interpretation Act 1978 (general savings implied on repeal) or of the previous provisions of this Act.
Schedule 4 (which makes transitory modifications of the consolidating Acts) shall have effect.
This Act may be cited as the Planning (Consequential Provisions) Act 1990.
This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.
This Act does not extend to Scotland or Northern Ireland except (subject to subsection (4)) so far as it affects other enactments so extending.
The repeals in Part II of Schedule 1 extend to England and Wales only and those in Part III of that Schedule to Scotland only.
Section 3.
Chapter Short title Extent of repeal 10 & 11 Geo. 6 c. 51. The Town and Country Planning Act 1947. The whole Act. 10 & 11 Eliz. 2 c. 36. The Local Authorities (Historic Buildings) Act 1962. The whole Act. 10 & 11 Eliz. 2 c. 38. The Town and Country Planning Act 1962. The whole Act. 1963 c. 33. The London Government Act 1963. In section 85, in subsection (3) the words from “or by” to “1971” and from “(or as” to “paragraph 6)” and in subsection (4) the words from “or of” to “1971”. 1967 c. 69. The Civic Amenities Act 1967. In section 5, paragraph (a) and in section 30(1), the definition of “the Planning Act”. 1968 c. 72. The Town and Country Planning Act 1968. The whole Act. 1969 c. 22. The Redundant Churches and Other Religious Buildings Act 1969. Section 2. 1969 c. 48. The Post Office Act 1969. In Schedule 4, paragraph 89 and in paragraph 93, sub-paragraphs (1)(xxxiii) and (4)(j). 1971 c. 78. The Town and Country Planning Act 1971. The whole Act. 1972 c. 5. The Local Employment Act 1972. In Schedule 3, the entry relating to the Town and Country Planning Act 1971. 1972 c. 70. The Local Government Act 1972. In section 182, subsections (1) and (2), in subsection (3) paragraphs (a) and (c) and subsections (4) to (6). Section 183. In Schedule 16, paragraphs 4 to 54, 58 and 59. 1973 c. 26. The Land Compensation Act 1973. In section 53(5) the words from “sections 180” to “or”. Sections 68 to 82. 1973 c. 37. The Water Act 1973. In Schedule 8, paragraph 94. 1974 c. 7. The Local Government Act 1974. In Schedule 6, paragraph 25. 1974 c. 32. The Town and Country Amenities Act 1974. Section 1(1). Section 4(1). In section 6, the words from “section 116” to “and in” and the words from “Schedule 8” to “or”. Section 7(1). Section 8. Section 10. Section 13(1)(a). 1975 c. 76. The Local Land Charges Act 1975. In Schedule 1, the entry relating to the Town and Country Planning Act 1971. 1977 c. 29. The Town and Country Planning (Amendment) Act 1977. The whole Act. 1979 c. 46. The Ancient Monuments Act and Archaeological Areas 1979. In Schedule 4, paragraph 11. 1980 c. 65. The Local Government, Planning and Land Act 1980. Section 86(1) to (6). Sections 89 and 90. Section 91(1). Section 119. In section 122, in subsection (1) the words “section 113 of the Town and Country Planning Act 1971” and “and 113”, and in subsections (2), (3), (6) and (8) the word “113”. In section 147, in subsection (1) the words from the beginning to “and”, in subsection (3) the words from “sections 192” to “Act and” and in subsection (5) the words from the beginning to “Scotland”. In section 149, in subsection (1) the words from “in place” to “planning authority”, in subsection (3)(a) the words from “and in place” to “them” and subsection (5). Section 150. Schedule 14. In Schedule 15, paragraphs 2 to 15, 17 to 20, 22, 23 and 25 to 28. In Schedule 23, paragraphs 8 to 11. In Schedule 32, paragraph 5(7), in paragraph 15(2)(b), sub-paragraph (i), in paragraph 17(7) the words “the 1971 Act or”, in the first place where they occur, and “Part III of the 1971 Act or”, paragraphs 18, 20(1), 22(2)(a), 23 and 26(1A)(a). In Schedule 33, paragraph 12. 1980 c. 66. The Highways Act 1980. In Schedule 24, paragraphs 20 and 22, and in paragraph 23, sub-paragraphs (d) to (h). 1981 c. 36. The Town and Country Planning (Minerals) Act 1981. Sections 1 to 18. In section 34, the words from the beginning to “Act, and” and the words “in each case”. Schedule 1. 1981 c. 38. The British Telecom- munications Act 1981. In Schedule 3, paragraph 10(2)(c). 1981 c. 41. The Local Government and Planning (Amendment) Act 1981. The whole Act. 1981 c. 43. The Disabled Persons Act 1981. Section 3. 1981 c. 54. Senior Courts Act 1981 In Schedule 5, the entry relating to the Town and Country Planning Act 1971. 1981 c. 64. The New Towns Act 1981. In Schedule 12, paragraph 11. 1981 c. 67. The Acquisition of Land Act 1981. In Schedule 4, in the Table in paragraph 1, the entry relating to the Town and Country Planning Act 1971 and paragraph 21. 1981 c. 69. The Wildlife and Countryside Act 1981. In Schedule 16, paragraphs 1 to 4. 1982 c. 16. The Civil Aviation Act 1982. In Schedule 2, in paragraphs 4 and 5 the entries relating to the Town and Country Planning Act 1971 and paragraph 6. In Schedule 10, in paragraphs 4(c) and 8(c), the words from “either” to “or”. 1982 c. 21. The Planning Inquiries (Attendance of Public) Act 1982. The whole Act. 1982 c. 30. The Local Government (Miscellaneous Provisions) Act 1982. Sections 35 and 36. In Schedule 5, paragraphs 2 and 3. In Schedule 6, paragraph 7. 1982 c. 52. The Industrial Development Act 1982. In Part II of Schedule 2, paragraph 7(2). 1983 c. 47. The National Heritage Act 1983. In Schedule 4, paragraphs 15 to 17 and 19 to 21, 22(1) to (5) and (7), 23 and 24. 1984 c. 12. The Telecommunications Act 1984. In Schedule 4, paragraph 53. 1984 c. 32. The London Regional Transport Act 1984. In Schedule 6, paragraph 9. 1985 c. 19. The Town and Country Planning (Compensation) Act 1985. Section 1. 1985 c. 51. The Local Government Act 1985. In section 3, subsections (1), (3) and (4). Sections 4 and 5. Schedule 1. In Schedule 2, paragraph 1. In Schedule 3, paragraphs 2 and 3(1) and in paragraph 4 the words “54(2) and”. In Schedule 4, paragraph 50. In Schedule 14, paragraph 48. 1985 c. 52. The Town and Country Planning (Amendment) Act 1985. Section 1. 1985 c. 68. The Housing Act 1985. In section 256(4), paragraph (b). 1985 c. 71. The Housing (Consequential Provisions) Act 1985. In Schedule 2, paragraphs 22 and 24(8). 1986 c. 31. The Airports Act 1986. In Schedule 2, in paragraph 1(1) and (2), the words “the Town and Country Planning Act 1971”. In Schedule 4, paragraph 1. 1986 c. 44. The Gas Act 1986. In Schedule 7, in paragraph 2, sub-paragraph (1)(xxiv) and (xxvi) and in (xxvii) the words “and 71” and sub-paragraphs (2)(c) and (9)(e) and paragraph 12. 1986 c. 63. The Housing and Planning Act 1986. Section 25. Sections 30 to 34. Section 41. Sections 45 and 46. In section 58(1), the words from “in Part II” to “Schedule 6” and the words from “in Part IV” to “Schedule 7”. In Schedule 6, Parts I and II. In Schedule 7, Part I. In Schedule 9, paragraphs 1 to 5, 6(1) and 7 to 12. Schedule 10. In Schedule 11, paragraphs 1 to 24, 26 and 27. 1987 c. 3. The Coal Industry Act 1987. In Schedule 1, paragraph 19. 1988 c. 4. The Norfolk and Suffolk Broads Act 1988. In Schedule 3, paragraphs 4, 7 to 28, 32 and 48. 1988 c. 40. The Education Reform Act 1988. In Schedule 12, paragraphs 40 and 70. 1988 c. 50. The Housing Act 1988. In section 67, in subsection (1) the words from “in place” onwards and in subsection (3) the words from “and in place” to “them”, and subsections (5) and (6). In Schedule 17, paragraph 18. 1989 c. 15. The Water Act 1989. In Schedule 25, in paragraph 1, in sub-paragraph (2), paragraphs (xvi) and (xvii) and in paragraph (xviii) the words “and 71”, and sub-paragraphs (10)(iv) and (11)(ii), and paragraph 42. 1989 c. 29. The Electricity Act 1989. In Schedule 16, in paragraph 1, in sub-paragraph (1), paragraphs (xxii) and (xxiv) and in paragraph (xxv) the words “and 71”, paragraphs 2(2)(c), (4)(c) and (5)(b) and 3(1)(d). 1989 c. 42. The Local Government and Housing Act 1989. In Schedule 11, paragraphs 19 and 20.
Chapter Short title Extent of repeal 9 & 10 Geo. 6. c. 35. The Building Restrictions (War-Time Contraventions) Act 1946. The whole Act. 14 & 15 Geo. 6. c. 60. The Mineral Workings Act 1951. Section 32. Section 40(6). 1969 c. 48. The Post Office Act 1969. In Schedule 9, paragraph 27(8). 1972 c. 42. The Town and Country Planning (Amendment) Act 1972. The whole Act. 1980 c. 65. The Local Government, Planning and Land Act 1980. Section 87. 1984 c. 10. The Town and Country Planning Act 1984. The whole Act. 1989 c. 29. The Electricity Act 1989. In Schedule 8, paragraph 7.
Chapter Short title Extent of repeal 14 & 15 Geo. 6. c. 60. The Mineral Workings Act 1951. In section 40(6), the words “section forty-nine of the principal Act or” and “as the case may be”. 1972 c. 42. The Town and Country Planning (Amendment) Act 1972. In section 10, in subsection (1), the words from “Subject” to “this section” and “section 277” to “1971 or”, subsection (1AA), in subsection (2) the words from “or” to “Commission”, subsections (3A) and (3B), in subsection (4) the words from “the appropriate” to “Monmouthshire)” and the words from “or the” to “Wales”. In section 10A, in subsection (1) the words from “or” to “Commission”, in subsections (3) and (5) the words “or (as the case may be) the Commission” and “or (as the case may be) they think”, in subsection (8) the words “or (as the case may be) the Commission” and subsection (9). 1980 c. 65. The Local Government, Planning and Land Act 1980. In section 87, in subsection (1) the words “a local planning authority in England or Wales or”, in subsection (2) paragraph (a) and in subsection (8) paragraph (a). 1984 c. 10. The Town and Country Planning Act 1984. In section 1, in subsection (1)(b) the words from “section 53” to “or”, in subsection (5)(b) the words from “a local” to “Scotland” and in subsection (6) the words from “section 277A” to “1971 or”. In section 2, in subsection (1) the words from the beginning to “Scotland” and in subsection (4) the words from “section 60” to “1971 or”. In section 3, in subsection (2), the words “a local planning authority or, in Scotland” and subsection (8). In section 4, in subsection (1) the words “a licence in writing or, in Scotland” and the words from “section 266(1)(b)” to “be” and subsections (2) and (3). In section 5, in subsection (1) the words from the beginning to “Scotland”, in subsection (2) the words “the Act of 1971 or, as the case may be”, in subsection (3) the words “local planning authority or” and subsection (4). In section 6, in subsection (1), the definition of “the Act of 1971” and in the definition of “the appropriate authority” the words from “section 266(7)” to “Scotland” and subsections (2) and (3). Section 7(2)(b). 1989 c. 29. The Electricity Act 1989. In Schedule 8, in paragraph 7(4), in the definition of “the Planning Act” the words from “the Town and Country Planning Act 1971” to “Wales and” and in the definition of “the relevant section” the words from “section 35” to “1971 and”.
Section 4.
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In section 41(2A) of the Mineral Workings Act 1951 for the words “the Town and Country Planning Act 1971”, in both places where they occur, there shall be substituted the words “the Town and Country Planning Act 1990”.
In section 1(1)(b) of the Agricultural Land (Removal of Surface Soil) Act 1953 for the words “the Town and Country Planning Act, 1947” there shall be substituted the words “the Town and Country Planning Act 1990”. In section 2(3) of that Act for the words “section seventeen of the Town and Country Planning Act, 1947” there shall be substituted the words “section 64 of the Town and Country Planning Act 1990”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 5(2) of that Act for the words “the Town and Country Planning Act, 1947” there shall be substituted the words “the Town and Country Planning Act 1990”.
In section 5A(1)(b) of the Historic Buildings and Ancient Monuments Act 1953, for the words “section 277 of the Town and Country Planning Act 1971” there shall be substituted the words “section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990”. In section 5B(1) of that Act, for the words “section 114 or 119(1)(b) or (c) of the Town and Country Planning Act 1971” there shall be substituted the words “section 47 or 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990”.
In the Opencast Coal Act 1958—
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in subsection (1) for the words from “provisions”, in the first place where it occurs, to “(which” there shall be substituted the words “provisions of section 271 of the Act of 1990 (which” and in paragraph (d) of that subsection for the words from “subsection (4)” to “shall” there shall be substituted the words “subsection (5) of the said section 271 shall”;
in subsection (2) for the words from “the said” to “shall” there shall be substituted the words “the said section 271 shall”;
in subsection (3) for the words from “by virtue” to “(which” in the second place it occurs and the words from “the said” onwards there shall be substituted respectively the words “by virtue of section 271 of the Act of 1990 as applied by either of the preceding subsections, the provisions of sections 275 to 277 of that Act (which relate to the powers, duties and obligations of statutory undertakers) and of sections 278 to 282 of that Act (which” and “the said section 271”;
in subsection (5) for the words “the said” to “shall” there shall be substituted the words “section 219 of the Town and Country Planning (Scotland) Act 1972 to roads stopped up or diverted by virtue of section 198 of that Act) shall”;
in subsection (6) for the words from “for references” in the first place they occur to ““highway”” there shall be substituted the words “for references to section 271, subsection (5) of that section and sections 275 to 282 of the Act of 1990 there shall be substituted respectively references to section 219, subsection (4) of that section, and sections 222 to 229 of the said Act of 1972; “highway””;
in section 15(6) and (7) for the words “the Act of 1971” in each place where they occur there shall be substituted the words “the Act of 1990”;
in section 51(1)—
“the Act of 1990” means the Town and Country Planning Act 1990
in the definition of “planning permission” for the words “the Act of 1971” there shall be substituted the words “the Act of 1990”.
For paragraph (c) of section 26(5) of the Town and Country Planning Act 1959 there shall be substituted—.
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At the end of section 29(4) of the Caravan Sites and Control of Development Act 1960 there shall be inserted the words “or granted on the designation of an enterprise zone under Schedule 32 to the Local Government, Planning and Land Act 1980”.
In paragraph 1 of Schedule 2 to the Land Compensation Act 1961— In paragraph 3(2) of that Schedule—
A building which is included in a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990. The Secretary of State.
In section 52(2) of the Harbours Act 1964 for the words “section 266 of the Town and Country Planning Act 1971; and the provisions of subsection (7) of that section” there shall be substituted the words “subsection (2) of section 293 of the Town and Country Planning Act 1990; and the provisions of subsection (3) of that section”.
In section 4(6) of the Gas Act 1965- In section 28(1) of that Act— In Schedule 3 to that Act—
In section 1(4) of the Compulsory Purchase Act 1965— In section 10(3) of that Act-
In section 9(4)(d) of the Forestry Act 1967, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”. In the definition of “tree preservation order” in section 35 of that Act, for the words “section 60 of the Town and Country Planning Act 1971” there shall be substituted the words “section 198 of the Town and Country Planning Act 1990”. In Schedule 3 to that Act—
In section 49(5)(a) of the Agriculture Act 1967— In section 50(3)(b) of that Act, for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”. In section 52(2)(g) of that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.
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for the words “Sections 1 and 2 of the Local Authorities (Historic Buildings) Act 1962” there shall be substituted the words “Sections 57 and 58 of the Planning (Listed Buildings and Conservation Areas) Act 1990”;
paragraph (a) shall be omitted;
in paragraph (b)—
for the words “subsection (4) of section 1” there shall be substituted the words “subsection (7) of section 57”;
“listed building” means a building for the time being included in a list of buildings of special architectural or historic interest compiled or approved under section 52 of the Scottish Planning Act
in paragraph (c) for the words “section 2” there shall be substituted the words “section 58”.
In section 28(6) of the Leasehold Reform Act 1967, for the words from “that authority” to “is situated” there shall be substituted the wordsthat authority, in order to secure— . In paragraph 1(7) of Schedule 4 to that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.
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In section 13(2) of the Agriculture (Miscellaneous Provisions) Act 1968 for the words “section 112 or 120 of the Town and Country Planning Act 1971” there shall be substituted the words “section 226 or 230 of the Town and Country Planning Act 1990”.
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In section 8(3) of the Caravan Sites Act 1968, for the words “section 35 of the Town and Country Planning Act 1971” there shall be substituted the words “section 77 of the Town and Country Planning Act 1990”. In the definition of “planning permission” in section 16 of that Act (as it applies in England and Wales), for the words “Part III of the Town and Country Planning Act 1971” there shall be substituted the words “Part III of the Town and Country Planning Act 1990”.
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In the Table in section 58(4)(c) of the Finance Act 1969, in the entry relating to the Town and Country Planning Act 1971—
in the first column for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”; and
for the entry in the second column there shall be substituted the words “Part II of the Town and Country Planning Act 1990”.
In section 57 of the Post Office Act 1969 - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 9 to that Act—
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In sections 122(2) and 126(4) of the Local Government Act 1972 for the words “section 121 of the Town and Country Planning Act 1971” and “the said section 121” there shall be substituted respectively the words “section 229 of the Town and Country Planning Act 1990” and “the said section 229”. In paragraph (a) of the definition of “local authority” in section 140A(2) of that Act, for the words “section 1 of the Town and Country Planning Act 1971” there shall be substituted the words “section 2 of the Town and Country Planning Act 1990”. In the definition of “open space” in section 270(1) of that Act, for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”. In the definition of “protected informant” in paragraph 1(1) of Part III of Schedule 12A to that Act, for the words “section 87(3) of the Town and Country Planning Act 1971” there shall be substituted the words “section 172(3) of the Town and Country Planning Act 1990”. In paragraph 55(7) of Schedule 16 to that Act for the words “paragraph 32 of this Schedule” there shall be substituted the words “paragraph 1 of Schedule 1 to the Town and Country Planning Act 1990”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 2(6) of the Land Compensation Act 1973— In section 5 of that Act— In section 26(6) of that Act, for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 34(6) of that Act, for the words “section 192 of the Town and Country Planning Act 1971” there shall be substituted the words “section 149 of the Town and Country Planning Act 1990”. In section 39(2) of that Act, for the words “section 192 of the Town and Country Planning Act 1971” there shall be substituted the words “section 149 of the Town and Country Planning Act 1990”. In section 46(2) of that Act— In section 51(6)(b) of that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”. In section 53 of that Act— In section 58(1) of that Act, for the words “section 202(2) of the Town and Country Planning Act 1971” there shall be substituted the words “section 166(2) of the Town and Country Planning Act 1990”. In the definition of “agricultural unit” in section 87(1) of that Act for the words “section 207(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 171(1) of the Town and Country Planning Act 1990”.
In section 4 of the Employment and Training Act 1973—
in subsection (3)(e), for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”; and
in subsection (5)(d), for the words “the said Act of 1971” there shall be substituted the words “the said Act of 1990”.
In section 5(2) of the Control of Pollution Act 1974, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”. In section 105(3) of that Act, for the words “subsection (7) of section 266 of the Town and Country Planning Act 1971” there shall be substituted the words “subsection (1) of section 293 of the Town and Country Planning Act 1990”.
In Part II of Schedule 1 to the House of Commons Disqualification Act 1975, in the first entry relating to “A Planning Inquiry Commission”, for the words “Part III of the Town and Country Planning Act 1971” there shall be substituted the words “Part III of the Town and Country Planning Act 1990”.
In section 2(3) of the Coal Industry Act 1975, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”
In section 7(1) of the Welsh Development Agency Act 1975, for the words “section 29 of the Town and Country Planning Act 1971” there shall be substituted the words “section 70 of the Town and Country Planning Act 1990”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 27(1) of that Act-
In section 7(5) of the Local Government (Miscellaneous Provisions) Act 1976— In section 15(9) of that Act, for the words “section 280(7) of the Town and Country Planning Act 1971” there shall be substituted the words “section 324(6) of the Town and Country Planning Act 1990, section 88(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990”. In section 26(6) of that Act, for the words “section 222 of the Town and Country Planning Act 1971” there shall be substituted the words “section 263 of the Town and Country Planning Act 1990”.
In section 19A(3)(a) of the Race Relations Act 1976, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Hazardous Substances) Act 1990”.
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In section 12(1)(b) of the Health Services Act 1976, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”. In section 15(5) of that Act—
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In section 8 of the Refuse Disposal (Amenity) Act 1978—
in subsection (2)—
for the words “Section 281(1) to (5) of the Town and Country Planning Act 1971” there shall be substituted the words “Section 325(1) to (7) of the Town and Country Planning Act 1990”;
for the words “section 280”, in both places where they occur, there shall be substituted the words “section 324”;
in subsection (3), for the words from “Sections” to “1971” there shall be substituted the words “Sections 320, 322, 323, 329 and 330 of the said Act of 1990”.
In section 1(2)(e) of the Estate Agents Act 1979, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990”.
In section 32(1) of the Ancient Monuments and Archaeological Areas Act 1979— In section 61 of that Act, in the definition of “works” in subsection (1) and in subsection (2)(b), for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.
In section 3(5)(c) of the Local Government, Planning and Land Act 1980, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”. In section 99(6)(a) of that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 148 of that Act— In section 149 of that Act— In section 170(1)(b) and (3)(a) of that Act for the words “the 1971 Act” there shall be substituted the words “the 1990 Act”. In section 171 of that Act, for the word “1971” in both places where it occurs there shall be substituted the word “1990”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 28 to that Act— Sections 172, 173, 178, 183, 184, 188, 197, 198, 199, 201, 206, 207, 209, 211, 213 to 215, 219, 220 and 224 of the 1990 Act. Sections 3, 4, 8, 10, 11, 13 to 16, 20, 23 to 25, 38, 42, 47, 48, 50, 53, 54, 60, 69 to 72, 74, 75 and 82 of the Planning (Listed Buildings and Conservation Areas) Act 1990. For paragraphs 1 to 9 of Part II of that Schedule there shall be substituted— In Schedule 32 to that Act—
In section 21 of the Highways Act 1980- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 36(2)(d) of that Act, for the words “section 209 of the Town and Country Planning Act 1971 or by a competent authority under section 210 of that Act” there shall be substituted the words “section 247 of the Town and Country Planning Act 1990 or by a competent authority under section 257 of that Act”. In section 80(3)(c) of that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”. In section 105A(4)(b) of that Act for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Planning (Listed Buildings and Conservation Areas) Act 1990”. In the definition of “pedestrian planning order” in section 115A(2) of that Act, for the words “section 212(2) of the Town and Country Planning Act 1971” there shall be substituted the words “section 249(2) of the Town and Country Planning Act 1990”. In sections 115H(1)(b)(ii), . . . and 123(2) of that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”. In section 125 of that Act— In section 126(1)(b) of that Act, for the words “section 211 of the Town and Country Planning Act 1971” there shall be substituted the words “section 248 of the Town and Country Planning Act 1990”. In section 166(3) of that Act for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”. In sections 184(3) and 203(2)(b)(i) of that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”. In section 232 of that Act— In section 246(2) of that Act— In section 253(5) of that Act, for the words “section 52 of the Town and Country Planning Act 1971” there shall be substituted the words “section 106 of the Town and Country Planning Act 1990”. In section 262 of that Act— In section 272(1)(i) of that Act, for the words “section 211 of the Town and Country Planning Act 1971” there shall be substituted the words “section 248 of the Town and Country Planning Act 1990”. In the definition of “local planning authority” in section 329(1) of that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”. In section 337 of that Act, for the words “section 23 of the Town and Country Planning Act 1971” there shall be substituted the words “section 57 of the Town and Country Planning Act 1990”. In Schedule 5 to that Act—
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In section 7 of the Disused Burial Grounds (Amendment) Act 1981, for the words “the Town and Country Planning Acts 1971 and 1972” there shall be substituted the words “the planning Acts (within the meaning of the Town and Country Planning Act 1990)”.
In section 4(6) of the Zoo Licensing Act 1981, for the words “the Town and Country Planning Act 1971” and “the said Act of 1971” there shall be substituted respectively the words “the Town and Country Planning Act 1990” and “the said Act of 1990”.
In paragraph 9 of Schedule 4 to the Transport Act 1981, for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 262(1) of the Town and Country Planning Act 1990”.
In section 7 of the New Towns Act 1981— In section 8 of that Act, for the words “section 54(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990”. In the definition of “planning permission” in section 80(1) of that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”. In paragraph 3(3)(a) of Schedule 10 to that Act, for the words “section 24 of the Town and Country Planning Act 1971” there shall be substituted the words “section 59 of the Town and Country Planning Act 1990”.
In section 2(3) of the Compulsory Purchase (Vesting Declarations) Act 1981, for the words “Section 284 of the Town and Country Planning Act 1971” there shall be substituted the words “Section 330 of the Town and Country Planning Act 1990”. In section 6(2) of that Act, for the words “Section 283 of the Town and Country Planning Act 1971” there shall be substituted the words “Section 329 of the Town and Country Planning Act 1990”. In section 11(6) of that Act, for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”.
In the definition of “listed building” in section 20(5) of the Acquisition of Land Act 1981, for the words “section 54 of the Town and Country Planning Act 1971” there shall be substituted the words “section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990”. In section 31 of that Act— In section 32(7) of that Act, for the words “section 214 of the Town and Country Planning Act 1971” there shall be substituted the words “section 251 or 258 of the Town and Country Planning Act 1990”. In the definition of “listed building” in paragraph 7(5) of Schedule 3 to that Act, for the words “section 54 of the Town and Country Planning Act 1971” there shall be substituted the words “section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990”.
In sections 28(8)(a), 29(9)(a) and 34(5) of the Wildlife and Countryside Act 1981, for the words “Part III of the Town and Country Planning Act 1971” there shall be substituted the words “Part III of the Town and Country Planning Act 1990”. In section 70A of that Act—
In section 48(9) of the Civil Aviation Act 1982, for the words “subsections (1) and (2) of section 220 of the Town and Country Planning Act 1971” and “section 209 of the said Act of 1971” there shall be substituted respectively the words “subsections (1) to (4) of section 256 of the Town and Country Planning Act 1990” and “section 247 of the said Act of 1990”. In section 51 of that Act— In section 53 of that Act— In section 54 of that Act— In Schedule 10 to that Act—
In section 33(9)(a) of the Local Government (Miscellaneous Provisions) Act 1982, for the words “section 1 of the Town and Country Planning Act 1971” there shall be substituted the words “section 2 of the Town and Country Planning Act 1990”. In section 37(8) of that Act, for the words “Part III of the Town and Country Planning Act 1971” there shall be substituted the words “Part III of the Town and Country Planning Act 1990”. In paragraph (b) of the definition of “local authority” in section 41(13) and in section 45(2)(b) of that Act, for the words “section 1 of the Town and Country Planning Act 1971” there shall be substituted the words “section 2 of the Town and Country Planning Act 1990”.
In section 14(6) of the Industrial Development Act 1982, for the words “subsection (9) of section 280 and subsections (1) to (4) and (6) of section 281 of the Town and Country Planning Act 1971” and “the said section 280” there shall be substituted respectively the words “subsection (8) of section 324 and subsections (1) to (6), (8) and (9) of section 325 of the Town and Country Planning Act 1990” and “the said section 324”.
In the definition of “Crown land” in section 22(1) of the Conwy Tunnel (Supplementary Powers) Act 1983, for the words “Part XIV of the Town and Country Planning Act 1971” there shall be substituted the words “Part XIII of the Town and Country Planning Act 1990”. In paragraph 8(1) of Schedule 1 to that Act— In paragraph 1(2) of Schedule 3 to that Act, for the words “section 230(1)(b) of the Town and Country Planning Act 1971” there shall be substituted the words “paragraph (b) of section 271(1) or of section 272(1) of the Town and Country Planning Act 1990”.
In the definition of “planning permission” in section 5(1) of the Mobile Homes Act 1983, for the words “Part III of the Town and Country Planning Act 1971” there shall be substituted the words “Part III of the Town and Country Planning Act 1990”.
In the definition of “conservation area” in section 33(8) of the National Heritage Act 1983, for the words “section 277 of the Town and Country Planning Act 1971” there shall be substituted the words “section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990”.
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in Note (1)(a)(i) for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Planning (Listed Buildings and Conservation Areas) Act 1990”;
in Note (3)(c)(i) for the words “Part IV of the Town and Country Planning Act 1971” there shall be substituted the words “Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990”.
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In section 75(3)(b) of the Road Traffic Regulation Act 1984, for the words “section 54 of the Town and Country Planning Act 1971” there shall be substituted the words “section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990”. In Schedule 4 to that Act—
In section 7(9) of the London Regional Transport Act 1984, for the words “section 20 of the Town and Country Planning Act 1971” there shall be substituted the words “sections 27 and 54 of the Town and Country Planning Act 1990”.
In section 3(10) of the Cycle Tracks Act 1984 for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.
In section 19(1) of the Building Act 1984, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”. In section 20(1) of that Act, for the words “Part III or IV of the Town and Country Planning Act 1971” there shall be substituted the words “Part III or Part VIII of the Town and Country Planning Act 1990 or under the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990”. In section 77(3) of that Act, for the words “the Town and Country Planning Act 1971” and “orders” there shall be substituted respectively the words “the Planning (Listed Buildings and Conservation Areas) Act 1990” and “notices”. In section 79 of that Act—
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in subsection (2) for the words “Sections 1(1) and 2(1) above have” there shall be substituted the words “Section 2(1) above has”; and
in subsection (3) for the words “Sections 1(2) and 2(2) above have” there shall be substituted the words “Section 2(2) above has”.
In section 3(5) of the Local Government Act 1985 for the words from the beginning to “that Schedule” there shall be substituted the words “In paragraph 55(1) of Schedule 16 to the Local Government Act 1972”. In Schedule 13 to that Act—
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In section 256 of the Housing Act 1985— In section 303 of that Act, for the words “section 54 of the Town and Country Planning Act 1971” there shall be substituted the words “section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990”. In section 305 of that Act— In section 306 of that Act— In section 610(1)(b) of that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”. In paragraph 3(2) of Schedule 1 to that Act, for the words “section 22 of the Town and Country Planning Act 1971” there shall be substituted the words “section 55 of the Town and Country Planning Act 1990”.
In paragraph 8(2) of Part II of Schedule 3 to the Agricultural Holdings Act 1986, for the words “section 30A(2) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”.
In section 59(6) of the Airports Act 1986, for the words “section 128 of the Town and Country Planning Act 1971” and “Part VI of that Act of 1971” there shall be substituted respectively the words “sections 238 to 240 of the Town and Country Planning Act 1990” and “Part IX of that Act of 1990”. In section 61 of that Act—
In paragraph (a) of the definition of “the relevant planning enactment” in paragraph 1(1) of Schedule 13 to the Finance Act 1986, for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”.
In Part III of Schedule 2 to the Channel Tunnel Act 1987, in paragraph 27(8) for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”.
In section 25(1) of the Norfolk and Suffolk Broads Act 1988, in paragraph (a) of the definition of “statutory undertaker” for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.
In section 30 of the Dartford-Thurrock Crossing Act 1988, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.
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In section 28(6) of the Housing Act 1988, for the words “has the same meaning as in section 43(3) of the Town and Country Planning Act 1971” there shall be substituted the words “has the meaning given in section 56(6) of the Town and Country Planning Act 1990”. In section 66 of that Act— In section 67 of that Act— For paragraph (g) of section 92(1) of that Act there shall be substituted—. In Part I of Schedule 9 to that Act— In Part II of Schedule 10 to that Act—
In section 1(4) of the National Maritime Museum Act 1989, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990”.
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In Schedule 4 to the Road Traffic (Driver Licensing and Information Systems) Act 1989, in paragraph 1 for the words “Sections 230 to 232 of the Town and Country Planning Act 1971” and “the 1971 Act” there shall be substituted respectively the words “Sections 271 to 274 of the Town and Country Planning Act 1990” and “the 1990 Act”.
In paragraph 2(5) of Schedule 3, paragraph 12 of Schedule 4 and paragraph 2(6)(a) of Schedule 8 to the Electricity Act 1989, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”. In Part II of Schedule 17 to that Act, in paragraph 37(1)(b) for the words “section 1B of the Town and Country Planning Act 1971” there shall be substituted the words “section 2 of the Planning (Hazardous Substances) Act 1990”.
In section 94 of the Local Government and Housing Act 1989—
in subsection (1) for the words “section 212 of the Town and Country Planning Act 1971” there shall be substituted the words “sections 249 and 250 of the Town and Country Planning Act 1990”;
in subsection (2) for the words “subsection (2) or subsection (8) of that section” there shall be substituted the words “subsection (2) or subsection (6) of section 249”;
in subsection (4) for the words “subsection (2) of that section” and “subsection (5) of that section” there shall be substituted respectively the words “subsection (2) of section 249” and “subsection (1) of section 250”.
Sections 3, 4 and 5.
The repeal by this Act of a provision relating to the coming into force of a provision reproduced in the consolidating Acts does not affect the operation of that provision, in so far as it is not specifically reproduced in the consolidating Acts but remains capable of having effect, in relation to the corresponding provision of the consolidating Acts.
The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings. The repeal by this Act of a saving to which a previous repeal of an enactment is subject does not affect the operation of the saving in so far as it is not specifically reproduced in the consolidating Acts but remains capable of having effect.
Without prejudice to the generality of paragraphs 1 and 2, notwithstanding the repeal by this Act of Schedule 24 to the 1971 Act, the provisions of that Schedule shall continue to have effect, in so far as they are not specifically reproduced in this Schedule and remain capable of having effect, with any reference in those provisions to any provision of the repealed enactments which is reproduced in the consolidating Acts being taken, so far as the context permits, as including a reference to the corresponding provision of those Acts.
The repeal by this Act of an enactment which has effect as respects any provision of the repealed enactments (being a provision which is not reproduced in the consolidating Acts but continues in effect by virtue of this Schedule or the Interpretation Act 1978) does not affect its operation as respects that provision.
Any document made, served or issued after this Act comes into force which contains a reference to any of the repealed enactments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Acts.
Where any provision of the repealed enactments amends an enactment (not being an enactment reproduced in the consolidating Acts) which is repealed or partly repealed by another enactment which is not in force when this Act comes into force, that provision shall continue to have effect, notwithstanding its repeal by this Act, but subject to section 2(4) of this Act.
In any regulations in force under section 91 of the 1971 Act (execution and cost of works required by enforcement notice) references to an enforcement notice, and an enforcement notice a copy of which has been served in respect of any breach of planning control, include a reference to a notice served under section 103 of that Act or section 207 of the principal Act (enforcement of duties as to replacement of trees). Section 319(3) of the principal Act shall apply to this paragraph as it applies to the provisions there mentioned.
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The expression “statutory undertakers” in any provision of the consolidating Acts shall, as respects any time when the corresponding provision in the repealed enactments (or any enactment replaced by them) was in force, have the same meaning as that expression had at that time in that provision.
In the case of an enforcement notice served before 27th July 1981, section 285(2) of the principal Act has effect with the following modifications. In paragraph (a) for the words “issued under that Part” there shall be substituted the words “served under Part V of the 1971 Act”. For paragraph (b) there shall be substituted—. In paragraph (c)— References in the principal Act to section 285(2) shall, so far as the context permits, be construed as including references to this paragraph.
The repeal by Part II of Schedule 1 to this Act of section 1(8) of the Town and Country Planning Act 1984 (which validates certain permissions granted in respect of Crown land before 12th August 1984) shall not affect any permission to which that section applies immediately before the date on which the principal Act comes into force (and accordingly any such permission has effect and is deemed always to have had effect as provided in section 299(3) of the principal Act). The repeal by that Part of that Schedule of section 2(7) of that Act of 1984 (which makes similar provision as to orders for the preservation of trees) shall not affect any order to which that section applies immediately before the date on which the principal Act comes into force (and accordingly any such order has effect and is deemed always to have had effect as provided in section 300(3) of the principal Act). The repeal by that Part of that Schedule of section 1(8) of that Act of 1984 (which makes similar provision as to listed building consents and conservation area consents) shall not affect any order to which that section applies immediately before the date on which the Planning (Listed Buildings and Conservation Areas) Act 1990 comes into force (and accordingly any such consent has effect and is deemed always to have had effect as provided in section 84(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990). Section 319(1) of the principal Act applies to sub-paragraphs (1) and (2) as it applies to the provisions there mentioned, and section 92(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 applies to sub-paragraph (3) as it applies to the provisions mentioned in subsection (2)(a) of that section.
The repeal by this Act of section 266(1)(a) of the 1971 Act shall not affect the validity of anything contained in the Greater London Development Plan.
The expression “local authority” in any provision of the consolidating Acts shall, as respects any time when the corresponding provision in the repealed enactments (or any enactment replaced by them) was in force, have the same meaning as that expression had at that time in that provision.
References in the consolidating Acts to the British Coal Corporation have effect as respects any time before 5th March 1987 as references to the National Coal Board.
Where the functions of a Minister under any enactment re-enacted or referred to in this Act have at any time been exercisable by another Minister or other Ministers, references in the relevant provision of this Act shall, as respects any such time, be construed as references to the other Minister or Ministers. In this paragraph “Minister” includes the Board of Trade and the Treasury.
The repeal by this Act of section 56A of the 1971 Act (duration of listed building consents granted before 13th November 1980) shall not affect any consent to which that section applies immediately before this Act comes into force.
No sum may be recovered under section 58(4) of the Planning (Listed Buildings and Conservation Areas) Act 1990 or under subsection (7) of section 78 of that Act, as applied by section 80(7) of that Act, in respect of any grant made before that Act comes into force.
Section 6.
If— then that paragraph shall have effect until the appointed day. Provision Paragraph of this Schedule . . . . . . . . . . . . Paragraph 9(1) of Schedule 11 to the Housing and Planning Act 1986 (c. 63). Paragraphs 6, 11 and 14. Paragraph 9(2) of Schedule 11 to the Housing and Planning Act 1986 (c. 63). Paragraphs 7, 12 and 16. The repeal of section 110(1) of the 1971 Act in Part III of Schedule 12 to the Housing and Planning Act 1986 (c. 63). Paragraphs 3, 4, 5, 8, 9, 10, 13 and 15. If— then that paragraph shall have effect for those other purposes of that provision (in so far as it is capable of doing so) until the relevant appointed day. In this paragraph— An order under sub-paragraph (3) (other than an order appointing a day until which paragraph 2 has effect) may— and in sub-paragraph (2) “the relevant appointed day”, in relation to any purpose of a provision, means the day appointed as the day on which the provision is to come into force for that purpose.
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At the end of section 175 of that Act there shall be inserted—.
At the end of section 196 of that Act there shall be inserted—.
At the end of section 208 of that Act there shall be inserted—.
Section 322 of that Act shall be omitted.
In paragraph 6 of Schedule 6 to that Act sub-paragraph (5) shall be omitted.
In Schedule 16 to that Act— shall be inserted at the appropriate places.
in Part I the words “Section 175(7)”, “Section 196(8)” and “Section 208(11)”; and
in Part V the words “Section 208(11)”,
At the end of section 41 of the Planning (Listed Buildings and Conservation Areas) Act 1990 there shall be inserted—.
In sections 85(1), 90(6)(a) and 92(2)(a) of that Act after “2(1) to (3)”, and in section 82(1) after “39(6)”, there shall be inserted “41(8)”.
In section 89(1) of that Act the words from “section 322” to “held)” shall be omitted.
In paragraph 6 of Schedule 3 to that Act sub-paragraph (8) shall be omitted.
In section 25 of the Planning (Hazardous Substances) Act 1990, at the end there shall be inserted—.
In section 37 of that Act the words from “section 322” to “held)” shall be omitted.
In section 38(5) of that Act, after “21” there shall be inserted “25(5)”.
In paragraph 6 of the Schedule to that Act sub-paragraph (8) shall be omitted.
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