Statement by the Slovak EU Presidency on the situation in and around Ukraine
In section 129 of the Housing Act 1985 (discount on exercise of right to buy), for subsections (1) and (2) substitute—.
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the tenant's notice claiming to exercise the right to buy or, as the case may be, to acquire an additional share under a shared ownership lease was served before the commencement of that subsection, and
the landlord has before commencement served its notice as to the terms of exercise of that right, that is, its notice under section 125 of, or paragraph 1(3) of Schedule 8 to, the Housing Act 1985,
In the following provisions (which in the case of disposals at a discount require a covenant for repayment of a proportion of the discount if the dwelling-house is disposed of within five years)— section 35(2) of the Housing Act 1985 (voluntary disposals by local authorities), section 155(2) of that Act (disposals in pursuance of the right to buy), section 155(3) of that Act (disposals in pursuance of the right to be granted a shared ownership lease), and . . .
A conveyance or lease containing the covenant required by any of the provisions mentioned in subsection (3) which was executed before the amendments made by that subsection came into force shall, provided no amount was then or had previously been payable under the covenant, have effect with such modifications as may be necessary to bring it into conformity with the amendments.
subject to an order under subsection (5B) below,
After subsection (5A) of the said section 1 insert—.
In section 125 of the Housing Act 1985 (landlord’s notice of purchase price and other matters), for subsection (4) (notice to include estimate of amount of service charges) substitute—.
After that section insert—.
In section 127 of the Housing Act 1985 (valuation of dwelling-house for purposes of right to buy) in subsection (1) (basis of valuation), after paragraph (b) insert—, and .
In Part III of Schedule 6 to the Housing Act 1985 (terms of lease granted in pursuance of right :to buy), after paragraph 16 insert—.
For paragraph 18 of Schedule 6 to the Housing Act 1985 (avoidance of certain provisions relating to service charges) substitute—.
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the tenant's notice claiming to exercise the right to buy was served before the commencement of this section, and
the landlord has before commencement served his notice under section 125 of the Housing Act 1985 (notice of terms of exercise of right);
In Part XIV of the Housing Act 1985 (loans for acquisition or improvement of housing), after section 450 insert—.
In Part IV of the Housing Act 1985 (secure tenancies and rights of secure tenants), after section 106 insert—.
After Schedule 3 to the Housing Act 1985 insert as Schedule 3A the Schedule set out in Schedule 1 to this Act (consultation before disposal to private sector landlord).
The amendments made by this section apply to disposals after the commencement of this section.
In section 69 of the Rent Act 1977 (certificates of fair rent), after subsection (1) insert—.
In section 69(1) of the Rent Act 1977—
after " improvements ", in both places where it occurs, insert " or repairs ", and
No application shall be made under this subsection if an application could be made under subsection (1A) below.
In Part V of the Housing Act 1985 (the right to buy), after section 171 insert—.
After Schedule 9 to the Housing Act 1985 insert as Schedule 9A the Schedule set out in Schedule 2 to this Act (land registration and related matters where right to buy preserved).
The amendments made by this section apply to qualifying disposals on or after the commencement of this section.
In Schedule 2 to the Housing Act 1985 (grounds for possession of dwelling houses let under secure tenancies), in Part II (grounds on which court may order possession if suitable alternative accommodation is available), after ground 10 (redevelopinent by landlord) insert—.
At the end of that Schedule insert—.
Section 29 of the Land Compensation Act 1973 (home loss payments) is amended as follows—
in subsection (1) (circumstances in which, and persons by whom, payment to be made) after paragraph (d) insert— ; and
in the same subsection, after paragraph (iv) insert—; and
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In section 32 of the Land Compensation Act 1973 (supplementary provisions about home loss payments), after subsection (7A) insert—.
For section 27 of the Housing Act 1985 (agreements with housing co-operatives), and the heading preceding it, substitute—.
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In section 56(1) of the Housing Act 1980 (tenancies which are assured tenancies), for paragraphs (a) and (b) substitute—.
After that section insert—.
In section 57 of the Housing Act 1980 (effect of interest of landlord ceasing to belong to approved body), in subsections (1) and (2) for " section 56(3)(a) " substitute " section 56(1)(b) ".
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For the purposes of sub-paragraph (1)(b) the terms of a tenancy shall not be treated as affording the required security by reason only of the fact that the tenancy is an assured tenancy within the meaning of section 56 of the Housing Act 1980.
For the purposes of sub-paragraph (1)(b) the terms of a tenancy shall not be treated as affording the required security by reason only of the fact that the tenancy is an assured tenancy within the meaning of section 56 of the Housing Act 1980.
In section 37 of the Landlord and Tenant Act 1954 (compensation where an order for new tenancy precluded on certain grounds), in subsection (2) (computation of compensation) as set out in paragraph 7 of Schedule 5 to the Housing Act 1980 (application of 1.954 Act to assured tenancies), after “be” insert “the product of the appropriate multiplier and”. The above amendment applies notwithstanding that the application to the court under section 24 of the Landlord and Tenant Act 1954 was made before the commencement of this section, unless the application has been finally disposed of within the meaning of section 64(2) of that Act before commencement.
In Schedule 5 to the Housing Act 1980 (application of Landlord and Tenant Act 1954 to assured tenancies), for paragraph 8 (modification of provisions relating to contracting out) substitute— The above amendment, so far as it relates to section 38(4) of the Landlord and Tenant Act 1954, does not apply to an agreement both approved by the court under that provision and entered into before the commencement of this section.
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In Schedule 5 to the Housing Act 1980 (application of Landlord and Tenant Act 1954 to assured tenancies), for paragraph 8 (modification of provisions relating to contracting out) substitute— The above amendment, so far as it relates to section 38(4) of the Landlord and Tenant Act 1954, does not apply to an agreement both approved by the court under that provision and entered into before the commencement of this section.
The Housing Act 1985 shall be amended in accordance with the following provisions.
In section 58 (definition of homelessness) after subsection (2) there shall be inserted the following subsections—.
For section 69(1) (provisions supplementary to ss. 63, 65 and 68) there shall be substituted the following subsection—.
Part XV of the Housing Act 1985 (grants for works of improvement, repair and conversion) is amended in accordance with Schedule 3 so as to provide for a new form of grant towards the costs of works required for the improvement or repair of the common parts of a building containing one or more flats.
In Part XIII of the Housing Act 1985 (general financial provisions), after section 429 insert—.
Section 70 of the Rent Act 1977 (determination of fair rent) is amended as follows.
, and
After subsection (4) insert—.
The above amendments apply to every decision made by a rent officer or rent assessment committee after the commencement of this section, notwithstanding that the application was made before commencement or, in the case of a decision of a rent assessment committee, that the rent officer’s decision was made before commencement.
The provisions of Schedule 4 have effect to exclude certain shared ownership leases from the operation of the provisions of—
the Rent Act 1977 and the Rent (Agriculture) Act 1976, and
Part I of the Leasehold Reform Act 1967 (right of long leaseholder to enfranchisement or extension of lease).
Part III of the New Towns Act 1981 (transfer of new town housing to district councils), is amended as follows.
After section 57 insert—.
The following provisions (which relate to the initiation of consultations with a view to the transfer of new town housing to a district council) are repealed— section 43(3) and (4), section 49(b) and (c).
In Part VIII of the Housing Act 1985 (area improvement) before section 260, under the heading “Supplementary provisions” insert—.
In consequence of the above amendment, Part VIII of the Housing Act 1985 is further amended as follows—
in section 239(4) (duration of housing action area), omit “beginning with the date on which the resolution is passed” ;
in section 240(1) (steps to be taken after declaration of housing action area) omit “passing a resolution” ;
in section 242(2) (incorporation into housing action area of land comprised in general improvement area), for “the resolution is passed declaring such an area” substitute “the area is declared” ;
in section 250(1) (exclusion of land from, or termination of, housing action area), omit “on the date on which the resolution is passed” ;
in section 257 (duty to publish information) for “have declared” substitute “have passed a resolution declaring” and for “assistance available” substitute “assistance which is or will be available” ;
in section 258(1)(b) (resolution terminating general improvement area), for “an area to be no longer” substitute “that an area shall cease to be” ;
in section 258(2) (effect of resolution excluding land from or terminating general improvement area) for “the date on which the resolution takes effect” substitute “the date on which the exclusion or cessation takes effect” and for “the exclusion or cessation” substitute “the resolution”.
Section 16 of the Consumer Credit Act 1974 (exempt agreements) is amended as follows.
section 156(4), 444(1) or 447(2)(a) of the Housing Act 1985, section 2 of the Home Purchase Assistance and Housing Corporation Guarantee Act 1978 or section 31 of the Tenant’s Rights, &c. (Scotland) Act 1980, or Article 154(1)(a) or 156AA of the Housing (Northern Ireland) Order 1981 or Article 10(6A) of the Housing (Northern Ireland) Order 1983; or and in subsection (3) (requirements as to consultation), in paragraph (d) (consultation with responsible Minister), for “or (f)” substitute “, (f) or (ff)”.
After subsection (6) insert—.
The above amendments apply to agreements made after the commencement of this section.
In section 9(1A) of the Leasehold Reform Act 1967 (determination of price payable for enfranchisement of higher value houses), in paragraph (a) (assumption that vendor is selling subject to existing tenancy) after “no right to acquire the freehold” insert “or an extended lease and, where the tenancy has been extended under this Part of this Act, that the tenancy will terminate on the original term date.”.
In section 23(5) of the Leasehold Reform Act 1967 (provisions as to tenancy granted in satisfaction of tenant’s rights under Part I), in paragraph (b) (provisions which apply as if the tenancy were granted by way of extension) at the beginning insert “section 9(1) and (1A) above,”.
The above amendments do not apply—
where the price for enfranchisement has been determined, by agreement or otherwise, before the commencement of this section; or
where the notice under section 8 of the Leasehold Reform Act 1967 (notice of desire to have the freehold) was given before the passing of this Act; or
where notice under section 14 of that Act (notice of desire to have extended lease) was given before 5th March 1986.
The enactments relating to housing are amended in accordance with Part I of Schedule 5 with respect to the following matters—
the effect of a covenant for repayment of discount given on the disposal of a dwelling-house;
the acquisition by an authority or body within section 80 of the Housing Act 1985 (the landlord condition for secure tenancies) of a dwelling-house subject to a statutory tenancy;
the contents of a landlord’s notice under section 125 of that Act (notice of terms of exercise of right to buy);
the steps to be taken where there is a change of landlord in the course of exercise of the right to buy;
the deferment of completion in pursuance of the right to buy;
the maximum penalty for voting in contravention of section 618(3) of the Housing Act 1985 (member of Common Council or committee voting on matter in which he is interested);
the withholding of consent to the assignment by way of exchange of a secure tenancy of a dwelling-house managed by a certain description of housing association;
grants for affording tax relief to housing associations;
the recovery of service charges in respect of the cost of grant-aided works;
miscellaneous corrections.
Part II of Schedule 5 contains amendments consequential on the provisions of this Part.
The enactments specified in Part I of Schedule 12 are repealed to the extent specified.
In Part III of the Town and Country Planning Act 1971 (general planning control), after section 24 insert—.
After Schedule 8 to the Town and Country Planning Act 1971 insert as Schedule 8A the Schedule set out in Part I of Schedule 6 to this Act which contains provision with respect to the making and alteration of simplified planning zone schemes and other related matters.
The Town and Country Planning Act 1971 also has effect subject to the consequential amendments specified in Part II of Schedule 6 to this Act.
In Part III of the Town and Country Planning (Scotland) Act 1972 (general planning control), after section 21 insert—.
After Schedule 6 to the Town and Country Planning (Scotland) Act 1972 insert as Schedule 6A the Schedule set out in Part III of Schedule 6 to this Act which contains provision with respect to the making and alteration of simplified planning zone schemes and other related matters.
The Town and Country Planning (Scotland) Act 1972 also has effect subject to the consequential amendments specified in Part IV of Schedule 6 to this Act.
The Secretary of State may, with the consent of the Treasury, give financial assistance to any person in respect of expenditure incurred in connection with activities contributing to the regeneration of an urban area.
Activities contributing to the regeneration of an urban area include in particular—
securing that land and buildings are brought into effective use;
developing, or encouraging the development of, existing and new industry and commerce;
creating an attractive and safe environment;
providing housing or social and recreational facilities so as to encourage people to live or work in the area;
providing employment for people who live in the area;
providing training, educational facilities or health services for people who live in the area.
Financial assistance under section 27 may be given in any form.
Assistance may, in particular, be given by way of—
grants,
loans,
guarantees, or
incurring expenditure for the benefit of the person assisted.
The Secretary of State shall not in giving financial assistance under section 27 purchase loan or share capital in a company.
Financial assistance under section 27 may be given on such terms as the Secretary of State, with the consent of the Treasury, considers appropriate.
The terms may, in particular, include provision as to—
circumstances in which the assistance must be repaid, or otherwise made good, to the Secretary of State, and the manner in which that is to be done ; or
circumstances in which the Secretary of State is entitled to recover the proceeds of part of the proceeds of any disposal of land or buildings in respect of which assistance was provided.
The person receiving assistance shall comply with the terms on which it is given and compliance may be enforced by the Secretary of State.
The following shall be inserted after section 58A of the Town and Country Planning Act 1971—
The following shall be inserted after section 101A of the Town and Country Planning Act 1971—.
The enactments mentioned in Part I of Schedule 7 to this Act shall have effect with the amendments there specified, being amendments consequential on the provisions of this Part of this Act.
Until the end of the transitional period—
no offence is committed under section 58K of the Town and Country Planning Act 1971; and
no hazardous substances contravention notice may be issued, in relation to a hazardous substance which is on, under or over any land,
if the substance was present on, under or over the land at any time within the establishment period and—
in a case in which at the commencement date notification in respect of the substance was required by any of the Notification Regulations, both the conditions specified in subsection (2) below were satisfied ; and
in a case in which at that date such notification was not so required, the condition specified in paragraph (b) of that subsection is satisfied.
The conditions mentioned in subsection (1) above are—
that notification required by the Notification Regulations was given before the commencement date ; and
that the substance has not been present during the transitional period in a quantity greater in aggregate than the established quantity.
Where a hazardous substance was present on, under or over any land at any time within the establishment period, hazardous substances consent may be claimed in respect of its presence.
A claim shall be made in the prescribed form before the end of the transitional period and shall contain the prescribed information as to the presence of the substance during the establishment period and as to how and where it was kept and used immediately before the commencement date.
Subject to subsections (6) to (8) below, the hazardous substances authority shall be deemed to have granted any hazardous substances consent which is claimed under subsection (3) above.
If at the commencement date notification in respect of the substance was required by regulation 3 or 5 of the Notification Regulations, hazardous substances consent is only to be deemed to be granted under this section if notification in respect of the substance was given before that date in accordance with those regulations.
If at the commencement date such notification was not so required, hazardous substances consent is only to be deemed to be granted under this section if an aggregate quantity of the substance not less than the controlled quantity was present at any one time within the establishment period.
If it appears to the hazardous substances authority that a claim for hazardous substances consent does not comply with subsection (4) above, it shall be their duty, before the end of the period of two weeks from their receipt of the claim.—
to notify the claimant that in their opinion the claim is invalid; and
to give him their reasons for that opinion.
Hazardous substances consent which is deemed to be granted under this section is subject to the conditions that—
the maximum aggregate quantity of the substance that may be present—
on, under or over the land to which the claim relates ;
on, under or over other land which is within 500 metres of it and controlled by the same person ; or
in or on a structure controlled by the same person any part of which is within 500 metres of it, at any one time shall not exceed the established quantity ; and
the substance shall be kept and used in the place and manner in which information supplied in pursuance of regulations made by virtue of subsection (4) above shows that it was kept and used immediately before the commencement date, and
none of the substance shall be kept or used in a container greater in capacity than the container, or the largest of the containers, in which the substance was kept or used immediately before the commencement date.
In this section— and other expressions have the same meanings as in the Town and Country Planning Act 1971.
" the transitional period " means the period of 6 months beginning with the commencement date ;
" the establishment period" means the period of 12 months immediately preceding the commencement date;
for “five years” substitute “three years” and for “20 per cent.” substitute “one-third”.
where a notification was not required before that date by any of those regulations, a quantity exceeding by 50 per cent, the maximum quantity which was present on, under or over the land at any one time within the establishment period;
Until the end of the transitional period—
no offence is committed under section 56L of the Town and Country Planning (Scotland) Act 1972; and
no hazardous substances contravention notice may be issued, in relation to a hazardous substance which is on, under or over any land,
Section 6(2).
in a case in which at the commencement date notification in respect of the substance was required by any of the Notification Regulations, both the conditions specified in subsection (2) below were satisfied ; and
Section 8(2).
in a case in which at that date such notification was not so required, the condition specified in paragraph (b) of that subsection is satisfied.
Section 15.
Section 460 of the Housing Act 1985 (general description of main grants) is amended as follows. In subsection (1) omit the word “and” after the reference to special grants and after the reference to repairs grants insert “common parts grants (sections 498A to 498G)”. In subsection (2) for paragraphs (b) and (c) substitute—.
In section 462(1) of the Housing Act 1985 (preliminary condition for grants: the age of the property), after paragraph (b) insert, or .
In section 463(1) of the Housing Act 1985 (preliminary condition for eligibility for grant: the interest of the applicant in the property) for “may entertain an application for a grant only if” substitute “shall not entertain an application for a grant, other than an application for a common parts grant, unless”.
After section 464 of the Housing Act 1985 insert—.
In section 466(1) of the Housing Act 1985 (grants requiring consent of the Secretary of State) for “or intermediate grant” substitute “, intermediate grant or common parts grant”.
After section 498 of the Housing Act 1985 insert—.
In section 499(3) of the Housing Act 1985 for “this Part” substitute “the following provisions of this Part down to section 507”.
In section 511 of the Housing Act 1985 (payment of grants: general), in subsection (3)(b) for “or repairs grant” substitute “, repairs grant or common parts grant”.
so much of section 464A(1)(b) (preliminary conditions for application for common parts grant) as requires the applicant to have a qualifying interest in the premises, and
Section 514 of the Housing Act 1985 (power of local housing authority to carry out works with agreement of person by whom application for grant might be made) is amended as follows. For subsection (2) (definition of “requisite interest”) substitute—.
In section 515 of the Housing Act 1985, for subsections (2) and (3) (effect on grant of disposal by applicant of his interest in the property) substitute—.
In section 518 of the Housing Act 1985 (meaning of “dwelling for a disabled occupant” and related expressions), for subsection (3) substitute—.
Renumber section 519 of the Housing Act 1985 (meaning of “reasonable repair”) as subsection (1) of that section and after it insert—.
Section 526 of the Housing Act 1985 (the index to Part XV) is amended as follows. At the appropriate places insert— “common parts (for the purposes of common parts grant) section 498A(2)(b)” “common parts grant sections 460 and 498A” “flat (for the purposes of common parts grant) section 498A(2)(a)” In the second column of the entry relating to the expression “eligible expense” for “and 497” substitute “, 497 and 498F”.
In section 116 of the Rent Act 1977 (consent of tenant to carrying out of works), in subsection (3) (cases in which county court may empower landlord to enter in absence of consent), for “improvement or intermediate grant” substitute “improvement grant, intermediate grant or common parts grant”.
Part IV of the Housing Act 1985 (secure tenancies and rights of secure tenants) is amended as follows. In section 100 (power to reimburse cost of improvements carried out by tenant), in subsection (2) (cost to be net of grant), for “or repairs grant” substitute “, repairs grant or common parts grant”. In section 101 (rent not to be increased on account of improvements carried out by tenant), in the second part of subsection (1) (application of provision where improvement grant-aided), for “or repairs grant” substitute “, repairs grant or common parts grant”.
In section 244 of the Housing Act 1985 (powers of local housing authority with respect to environmental works in housing action area), in subsection (3) (no assistance for grant-aided works), for “or repairs grant” substitute “, repairs grant or common parts grant”.
In section 255 of the Housing Act 1985 (powers of local housing authority in general improvement area), in subsection (2)(b) (no assistance for grant-aided works) for “or repairs grant” substitute “, repairs grant or common parts grant”.
In section 535 of the Housing Act 1985 (exclusion of assistance under Part XVI (defective housing) where grant application pending under Part XV), in subsection (1)(a) for “or repairs grant” substitute, “repairs grant or common parts grant”.
Section 18.
Part I of the Rent Act 1977 (preliminary provisions) is amended as follows. After section 5 insert—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 5A (exclusion of certain shared ownership leases), in subsection (2)(g) (condition that lease states landlord’s opinion that 1977 Act does not apply) for the reference to the 1977 Act substitute a reference to this Act.
In section 1 of the Leasehold Reform Act 1967 (tenants entitled to enfranchisement or extension), after subsection (1) insert—.
In section 3(2) of the Leasehold Reform Act 1967 after “long tenancy at a low rent” insert “(other than a lease excluded from the operation of this Part by section 33A of and Schedule 4A to this Act)”.
After section 33 of the Leasehold Reform Act 1967 insert—.
After Schedule 4 to the Leasehold Reform Act 1967 insert—.
In the Housing Act 1980, omit section 140.
In the Local Government, Planning and Land Act 1980, omit section 156(3).
The Local Government Act 1985 is amended as follows. In Schedule 13 (application of local authority provisions to residuary bodies), in paragraph 14, after sub-paragraph (a) insert—and at the end of sub-paragraph (b) insert “and” and omit sub-paragraph (d) and the word “and” preceding it. In Schedule 14, omit paragraph 58(e).
In Part IV of the Housing Act 1985 (secure tenancies), in section 115 (meaning of “long tenancy”), in subsection (2)(c) after “1980” insert “or paragraph 3(2)(b) of Schedule 4A to the Leasehold Reform Act 1967”.
The amendments made by this Schedule apply only in relation to leases granted after the commencement of this Schedule. This Schedule does not affect the operation of section 140 of the Housing Act 1980, the enactments applying that section and regulations made under it, in relation to leases granted before the commencement of this Schedule.
Section 24(1),(2).
In section 36 of the Housing Act 1985 (charge to secure repayment of discount given on voluntary disposal), after subsection (3) insert—. In section 156 of the Housing Act 1985 (charge to secure repayment of discount given on exercise of right to buy), after subsection (3) insert—. In section 158 of the Housing Act 1985 (consideration for reconveyance or surrender of dwelling-house in National Park, etc. acquired in pursuance of right to buy) in subsection (3) (reduction of consideration where discount to be repaid or outstanding share to be paid for) after “shall be reduced” insert “, subject to subsection (4),”, and after that subsection insert—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The above amendments apply to covenants entered into before as well as after the commencement of this paragraph.
In Part IV of the Housing Act 1985 (secure tenancies), before section 110 under the heading “Supplementary provisions” insert—.
In section 125 of the Housing Act 1985 (exercise of right to buy: landlord’s notice of purchase price and certain other matters), after subsection (4) insert—.
Section 137 of the Housing Act 1985 (change of landlord after notice claiming right to buy or right to a mortgage) is amended as follows. Make the existing provision subsection (1) and in it after “all parties shall” insert “, subject to subsection (2),”. After that subsection insert—.
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In section 618(4) of the Housing Act 1985 (penalty for member of Common Council or committee voting on housing matter relating to land in which he is interested), for “level 2 on the standard scale” substitute “level 4 on the standard scale”. The above amendment does not apply to offences committed before the commencement of this paragraph.
In Schedule 3 to the Housing Act 1985 (grounds for withholding consent to assignment by way of exchange), after Ground 9 add—.
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In the Landlord and Tenant Act 1985, after section 20 insert—. In section 21 of the Landlord and Tenant Act 1985 (request for summary of relevant costs), in subsection (5) (contents of summary) after “shall” insert “state whether any of the costs relate to works in respect of which a grant has been or is to be paid under Part XV of the Housing Act 1985 (grants for works of improvement, repair or conversion) and”. In section 47 of the Housing Act 1985 (limitation on service charges payable after disposal of house by public sector authority), after subsection (3) add—. In section 48 of the Housing Act 1985 (request for summary of relevant costs), after subsection (3) (contents of summary) insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In sections 207 and 322 of the Housing Act 1985, in the definition of “person having control” for “house” substitute “premises”. In section 251(5)(b) of the Housing Act 1985 after “housing action” insert “area”. In section 256(4)(b) of the Housing Act 1985 for “to the local planning authority” substitute “of the local planning authority”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 10(2)(b) of the Housing Associations Act 1985, for “Schedule 3 to the Housing Act 1985” substitute “Schedule 1 to the Housing Act 1985”. In paragraph 27 of Schedule 2 to the Housing (Consequential Provisions) Act 1985 for “(4)”, in both places where it occurs, substitute “(6)”. Any order made under section 115(11) of the Housing Act 1974 (form of notice of compensation where land in clearance area deemed appropriated for provision of housing) which was in force immediately before the repeal of that section by this Act may be revoked or amended by regulations under section 614 of the Housing Act 1985 (general power to prescribe forms, etc. by regulations). The above amendments have effect from 1st April 1986.
In sections 80(1)(a) and 81(1)(a), (3)(b) and (4)(b) of the Building Act 1984 (service of notices in respect of proposed demolition), after “demolition order” insert “or obstructive building order”. The above amendment to section 80 of the Building Act 1984 has effect from 1st April 1986.
In paragraph 14(2) of Schedule 11 and paragraph 8(2) of Schedule 22 to the Housing Act 1985 (procedure after compulsory purchase order has become operative), for “a copy of the notice” substitute “a copy of the order”.
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in section 67(1) (loans by Public Works Loan Commissioners : England and Wales), and
in section 68(1) (loans by Public Works Loan Commissioners: Scotland),
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In section 16 of the Rent Act 1977 (tenancy not protected if interest of landlord belongs to housing co-operative) for the words from “within the meaning of section 27” to the end substitute “within the meaning of section 27B of the Housing Act 1985 (agreements with housing co-operatives under certain superseded provisions) and the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section”.
Schedule 12 to the Rent Act 1977 (procedure on application for certificate of fair rent) is amended as follows. In paragraph (1)(c)— in the case of— and omit “unless the dwelling-house is subject to a regulated tenancy”. In paragraph 4, for the words from “an application” to “regulated tenancy” substitute— . In the case of— In paragraphs 8(2) and 11, after “regulated” insert “or secure”. After paragraph 11 add—
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In section 107 of the Finance Act 1981 (stamp duty payable on disposal of dwelling-house at a discount by certain authorities), after subsection (3A) insert—
In paragraph 22 of Schedule 13 to the Local Government Act 1985 (provisions of Housing Act 1985 applying to residuary bodies) after “444,” insert “450A to 450C,”.
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In section 20 of the Housing Act 1985 (houses of local authority to which management provisions apply), for “down to section 26” substitute “down to section 27B”.
In section 21 of the Housing Act 1985 (management powers to be exercised by local housing authority), in subsection (2) (general proposition subject to section 27), for “(agreements for exercise of housing management functions by co operative)” substitute “(management agreements)”.
In section 30 of the Housing Act 1985 (application of housing management provisions to new town corporations and the Development Board for Rural Wales), omit subsection (2) (which relates to section 27: management agreements).
Omit section 46 of the Housing Act 1985 (definition of “service charge” for the purposes of certain provisions of Part II).
In section 57 of the Housing Act 1985 (the index to Part II), in the entries relating to the expressions “payee and payer”, “relevant costs” and “service charge” for “section 46” substitute “section 621A”.
In section 80 of the Housing Act 1985 (the landlord condition for secure tenancies), for subsection (4) (housing co-operatives to which the section applies) substitute—.
In section 117 of the Housing Act 1985 (the index to Part IV) at the appropriate places insert— “consent (in Schedule 3A) paragraph 2(3) of that Schedule” “landlord (in Part V of Schedule 2) paragraph 5 of that Part” “management agreement and manager sections 27(2) and 27B(4)”.
In section 127(1) of the Housing Act 1985, omit the word “and” at the end of paragraph (a).
In section 130 of the Housing Act 1985 (reduction of discount where previous discount given), in subsection (2) (meaning of “previous discount”) in paragraph (a) after “7” insert “or 7A” and after that paragraph insert—.
Section 187 of the Housing Act 1985 (minor definitions for purposes of Part V (the right to buy)) is amended as follows. In the definition of “improvement”— “improvement contribution” means an amount payable by a tenant of a flat in respect of improvements to the flat, the building in which it is situated or any other building or land, other than works carried out in discharge of any such obligations as are referred to in paragraph 16A(1) of Schedule 6 (obligations to repair, reinstate, etc.);
In section 188 of the Housing Act 1985 (the index to Part V) at the appropriate places insert— “disposal and instrument effecting disposal (in Schedule 9A) paragraph 10 of that Schedule” “former landlord and former secure tenant (in relation to a qualifying disposal) section 171A(2)(c)” “improvement contribution section 187” “preserved right to buy section 171A(2)(a)” “qualifying disposal (in relation to the preserved right to buy) section 171A(2)(b)” “qualifying dwelling-house and qualifying person (in relation to the preserved right to buy) section 171B(1)” “reference period (for purposes of s.125A or 125B) section 125C” “service charge section 621A”.
In Part XIII of the Housing Act 1985 (general financial provisions), after section 427 insert—.
In section 434 of the Housing Act 1985 (the index to Part XIII) at the appropriate place insert— “management agreement sections 27(2) and 27B(4)”.
In section 444(4) of the Housing Act 1985 (advances relevant to certain powers of local authority to give assistance), for the words from “by” to the end substitute “a housing authority”.
In section 452 of the Housing Act 1985 (vesting of house in authority entitled to exercise power of sale), in subsection (2) omit the definition of “housing authority”.
In section 453 of the Housing Act 1985 (power of authority which has granted shared ownership lease to make further advances), omit subsection (2) (which defines “housing authority”).
“housing authority” includes any local authority, an urban development corporation, the Housing Corporation and a registered housing association;
In section 459 of the Housing Act 1985 (the index to Part XIV), at the appropriate places insert— “housing authority sections 4(a) and 458” “service charge section 621 A”.
After section 621 of the Housing Act 1985 insert—.
Schedule 4 to the Housing Act 1985 (the qualifying period for the right to buy) is amended as follows. After paragraph 5 insert—. In paragraph 7 (the landlord condition for qualifying period)— After paragraph 7 insert—.
Paragraph 14 of Schedule 6 to the Housing Act 1985 (terms of lease granted in pursuance of right to buy: implied covenants by landlord) is amended as follows. In sub-paragraph (2), omit the words following paragraph (c). In sub-paragraph (3), for the words from the beginning to “requirement” insert “There is an implied covenant”. After sub-paragraph (3) insert—.
In Part II of the Housing Associations Act 1985 (financial provisions), after section 69 insert—.
Sections 25(2)(3), 26(2), (3).
In section 34(1) of the Town and Country Planning Act 1971 (registers to be kept by local planning authorities) at the end add " and also containing such information as may be so prescribed with respect to simplified planning zone schemes relating to zones in the authority's area ".
In section 41 of the Town and Country Planning Act 1971 (limit of duration of planning permission), in subsection (3) (exceptions) after paragraph (aa) insert—.
In section 53(1) of the Town and Country Planning Act 1971 (application to determine whether planning permission required) after " scheme " insert" or simplified planning zone scheme ".
In section 242(1) of the Town and Country Planning Act 1971 (validity of certain instruments to be questioned under that Act and not otherwise), after paragraph (a) insert—.
In section 244 of the Town and Country Planning Act 1971 (procedure for questioning certain instruments), after subsection (6) insert—.
In section 287 of the Town and Country Planning Act 1971 (general provisions as to regulations and orders}—
in subsection (4) (orders to be made by statutory instrument) after " 24," insert " 24E, ", and
in subsection (5)(a) (orders subject to negative resolution procedure), after " section " insert " 24E, ".
In section 290(1) of the Town and Country Planning Act 1971 (interpretation), at the appropriate place insert—.
At the end of subsection (2) of section 31 of the Town and Country Planning (Scotland) Act 1972 (registers) insert " and also containing such information as may be so prescribed with respect to simplified planning zone schemes relating to zones in the authority's area ".
In section 38 of the Town and Country Planning (Scotland) Act 1972 (limit of duration of planning permission), in subsection (3) (exceptions) after paragraph (ad) insert—.
In section 51(1) of the Town and Country Planning (Scotland) Act 1972 (applications to determine whether planning permission required) after the word " scheme " insert " or simplified planning zone scheme ".
After subsection (1)(a) of section 231 of the Town and Country Planning (Scotland) Act 1972 (validity of plans, &c.) insert—.
In section 232 of the Town and Country Planning (Scotland) Act 1972 (proceedings for questioning plans, &c), after subsection (3) insert—.
In section 273 of the Town and Country Planning (Scotland) Act 1972 (orders)—
in subsection (4), after " 21," insert " 21E, ", and
in subsection (5), after " 1(3)," insert " 21E, ".
In section 275(1) of the Town and Country Planning (Scotland) Act 1972 after the definition of " road " insert—.
Sections 33 and 37.
The following paragraph shall be inserted after paragraph 8A of Schedule 1 to the Radioactive Substances Act 1960 (duty of public and local authorities not to take account of any radioactivity in performing their functions)—.
In subsection (3) (action on the part of the Secretary of State that may be questioned in legal proceedings) of section 242 of the Town and Country Planning Act 1971, the following paragraph shall be inserted after paragraph (d)—.
In subsection (2)(a) of section 266 of that Act (orders which, in relation to Crown land, may only be made with consent of appropriate authority)—
after " 5 IB " there shall be inserted " 58H " ; and
for " or 96 " there shall be substituted " 96 or 101B "
Section 269 of that Act (application to Isles of Scilly) shall have effect as if sections 58B to 58N and 101B were included among the provisions specified in Part III of Schedule 21 (provisions that may be applied to Isles as if they were a district).
The following section shall be inserted after section 271 of that Act—
In section 280 of that Act (rights of entry)—
the following subsection shall be inserted after subsection (1) —;
at the end of subsection (4) there shall be added the words " and any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 58K of this Act. " ;
the following subsection shall be inserted after subsection (6) —; and
in subsection (8), after the word " section " there shall be inserted the words " or a hazardous substances contravention notice has been issued ".
In section 290(1) of that Act (Interpretation)—
the following shall be inserted after the definition of " conservation area " —;
the following shall be inserted after the definition of " the Greater London development plan " — ; and
the following shall be inserted after the definition of " tree preservation order " —.
In section 1 of the Town and Country Planning Act 1984 (applications in anticipation of disposal of Crown interest)—
in subsection (1)(a), after the words "listed building consent " there shall be inserted the words " , hazardous substances consent " ; and
the following subsection shall be inserted after subsection (3)—.
In sub-paragraph (1)(xxiv) of paragraph 2 of Schedule 7 to the Gas Act 1986 (enactments for the purposes of which a public gas supplier is deemed to be a statutory undertaker and his undertaking a statutory undertaking)—
after " sections " there shall be inserted " 1B, " ; and
after " 49," there shall be inserted " 58F, ".
The following paragraph shall be inserted after the entry relating to the Sewerage (Scotland) Act 1968 in Part II of the first Schedule to the Radioactive Substances Act 1960 (duty of public and local authorities not to take account of any radioactivity in performing their functions)—.
In subsection (3) (action on the part of the Secretary of State that may be questioned in legal proceedings) of section 231 of the Town and Country Planning (Scotland) Act 1972, the following paragraph shall be inserted after paragraph (d)—.
In subsection (3) (action on the part of the Secretary of State that may be questioned in legal proceedings) of section 231 of the Town and Country Planning (Scotland) Act 1972, the following paragraph shall be inserted after paragraph (d)—.
In subsection (2)(a) of section 253 of that Act (orders, which, in relation to Crown land, may only be made with consent of appropriate authority)— after “49B” there shall be inserted “ 56J ” ; and for “or 92” there shall be substituted “ 92 or 97B ”.
In subsection (2)(a) of section 253 of that Act (orders which, in relation to Crown land, may only be made with consent of appropriate authority)—
after " 49B " there shall be inserted " 56J " ; and
for " or 92 " there shall be substituted " 92 or 97B ".
The following section shall be inserted after section 257 of that Act—.
The following section shall be inserted after section 257 of that Act—.
In section 265 of that Act (rights of entry)—
the following subsection shall be inserted after subsection (1)—;
In section 265 of that Act (rights of entry)— (a) the following subsection shall be inserted after subsection (1) ;
the following subsection shall be inserted after subsection (4)— ; and
the following subsection shall be inserted after subsection (7)—.
In section 275(1) of that Act (interpretation)— “contravention of hazardous substances control” has the meaning assigned to it by section 56L(2) of this Act ; “hazardous substances consent” means consent required by section 56C of this Act ; “hazardous substances contravention notice” has the meaning assigned to it by section 97B(3) of this Act ; “urban development area” and “urban development corporation” have the same meaning as in Part XVI of the Local Government, Planning and Land Act 1980 ;
In section 275(1) of that Act (interpretation)—
the following shall be inserted after the definition of " conservation area " —;
the following shall be inserted after the definition of " government department " —; and
the following shall be inserted after the definition of " tree preservation order " —.
In section 1 of the Town and Country Planning Act 1984 (applications in anticipation of disposal of Crown interests)— in subsection (1)(a), after the words “listed building consent” there shall be inserted the words “ , hazardous substances consent ” ; and the following subsection shall be inserted after subsection (3)—.
In section 1 of the Town and Country Planning Act 1984 (applications in anticipation of disposal of Crown interests)—
in subsection (1)(a), after the words " listed building consent" there shall be inserted the words " , hazardous substances consent "; and
the following subsection shall be inserted after subsection (3) —.
In sub-paragraph (1)(xxv) of paragraph 2 of Schedule 7 to the Gas Act 1986 after “46”, there shall be inserted “ . . ., 56G,”.
In sub-paragraph (1)(xxv) of paragraph 2 of Schedule 7 to the Gas Act 1986 after " 46 ", there shall be inserted " 56B, 56G, ".
Section 39(3).
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In section 4(1), for the words “the land comprised in an authorisation under section 1 of this Act” there shall be substituted the words “any land on which they desire to work coal by such operations or to carry out operations incidental to such working”. The following subsections shall be substituted for section 4(6)—.
In section 5(5)—
for the word “authorisation” there shall be substituted the words “opencast planning permission”; and
for the words “fulfilment of the authorised purposes” there shall be substituted the words “permitted activities.”
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in subsection (1)—
for the words from "which", in the second place where it occurs, to " Act", in the second place where it occurs; and
for the words from " comprised", in the second place where it occurs, to " Act", in the third place where it occurs;
in subsection (2), for the words from " which " to " Act" ;
in subsection (4)—
for the words from " which " to " Act" ; and
for the words "comprised in such an authorisation " ; and
in subsection (5), for the words from "which", in the second place where it occurs, to the end of the subsection.
The following sections shall be substituted for section 14—.
The following sections shall be substituted for section 15—.
In section 16—
in subsections (1) and (2), for the words from “which” to “Act” there shall be substituted the words “in respect of which opencast planning permission has been granted”;
in subsection (3), for the words from “comprised” to “Act” there shall be substituted the words “in respect of which the permission was granted”.
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for the word "authorisation", in the first place where it occurs, there shall be substituted the words " opencast planning permission "; and
for the words " an authorisation " there shall be substituted the word " permission ".
In section 38—
in paragraph (a)—
for the words from “which” to “Act” there shall be substituted the words “in respect of which opencast planning permission has been granted”; and
for the words “authorised purposes” there shall be substituted the words “purpose of carrying on the permitted activities”;
in paragraph (b), for the words “comprised in the authorisation” there shall be substituted the words “in respect of which the permission was granted and”; and
for the words from “fulfilment” to the end of the subsection there shall be substituted the words “permitted activities”
In section 39(3)—
in paragraph (a), for the words “an authorisation under section one of this Act” there shall be substituted the words “opencast planning permission”;
in paragraph (b)—
for the words from “an” to “Act”, in the first place where it occurs, there shall be substituted the words “opencast planning permission”; and
for the words “out of any authorised operations” there shall be substituted the words “on of any of the permitted activities”; and
in paragraph (d), for the words “any of the provisions of the First” there shall be substituted the words “section 15A(4)(c) or any of the provisions of the”.
In the proviso to section 39(5), for the words “any of the provisions of the First” there shall be substituted the words “section 15A(4)(c) or any of the provisions of the”.
In section 45(2)—
for the words from “an” to “Act” there shall be substituted the words “opencast planning permission has been granted”; . . .
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In section 51(1)—
“opencast planning permission” means planning permission which permits the Board to work coal by opencast operations or to carry out operations incidental to such working;
“permitted activities” means—
“planning permission” means planning permission under Part III of the Act of 1971;
“planning permission” means planning permission under Part III of the Act of 1972 ;
In paragraph 5(1) of Part I of Schedule 2 (compulsory rights orders)—
for the words “an authorisation under section one of this Act” there shall be substituted the words “ opencast planning permission ” ; and
for the words from “an authorisation”, in the second place where those words occur, to “operations” there shall be substituted the words “ opencast planning permission should be granted or should have been granted. ”.
In Schedule 6, in paragraph 18(2)(c), for the words from “purposes”, in the first place where it occurs, to the end there shall be substituted the words “ activities which, in relation to the opencast planning permission referred to in the order, constitute the permitted activities ”.
In Schedule 7, in paragraph 24(3)(a)—
for the word “authorisation”, in the first place where it occurs, there shall be substituted the words “ opencast planning permission ” ; and
for the words “had been made for such an authorisation” there shall be substituted the words “ for opencast planning permission had been made ”.
In section 29—
in subsection (6)—
for the words “an authorisation under section 1 of the Opencase Coal Act 1958” there shall be substituted the words “opencast planning permission”; and
for the words from “an authorisation”, in the second place where they occur, to “operations” there shall be substituted the words “opencast planning permission should be granted or should have been granted”; and
the following subsection shall be substituted for subsection (11)—.
Sections 40 and 50.
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In section 55 of the Town and Country Planning Act 1971 (control of works for demolition, alteration or extension of listed buildings), for subsection (6) (exception for certain urgent works) substitute—. In section 97 of the Town and Country Planning Act 1971 (appeal against listed building enforcement notice) in subsection (1) (grounds of appeal), for paragraph (d) substitute—.
In section 56 of the Town and Country Planning Act 1971 (supplementary provisions with respect to listed building consent), after subsection (4A) insert—. Where an application is made to the local planning authority— and the consent or approval is refused Sub-paragraph (1) of this paragraph applies to an application to the local planning authority for approval by the authority required by a condition imposed on the granting of listed building consent with respect to details of the works as it applies to an application for listed building consent, with the following modifications—
After section 56A of the Town and Country Planning Act 1971 insert—.
After section 58A of the Town and Country Planning Act 1971 insert—. In section 287 of the Town and Country Planning Act 1971 (regulations and orders)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( ) This section has effect subject to the provisions of the Town and Country Planning Act 1971 relating to listed buildings, buildings subject to building preservation orders and buildings in conservation areas.
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Section 277A of the Town and Country Planning Act 1971 (control of demolition in conservation areas) is amended as follows. For subsection (8) (application of provisions relating to listed buildings) substitute—. In subsection (11) (authorities exercising functions of local planning authority), in paragraph (c) (non-metropolitan counties, excluding areas in National Parks) omit " the county planning authority and ".
An application for listed building consent shall be made in such form as the local planning authority may require and shall contain— and such other particulars as may be required by the local planning authority. Provision may be made by regulations under this Act with respect to the manner in which applications for listed building consent are to be made, the manner in which such applications are to be advertised and the time within which they are to be dealt with by local planning authorities or, as the case may be, by the Secretary of State.
In paragraph 5(2) of Schedule 11 to the Town and Country Planning Act 1971 (notice to local planning authority that Secretary of State requires further time to consider whether to call in an application for listed building consent), for the words from " and sub-paragraph (1)" to the end substitute " ; and if he gives such a notice the authority shall not grant the listed building consent until he has notified them that he does not intend to require the reference of the application. ". In paragraph 6(4) of Schedule 11 to the Town and Country Planning Act 1971 (notice to Historic Buildings and Monuments Commission that Secretary of State requires further time to consider whether to call in an application for listed building consent), for the words from " and sub-paragraph (3)" to the end substitute " ; and if he gives such a notice the Commission shall not authorise the local planning authority as mentioned in sub-paragraph (2)(a) of this paragraph, nor under sub-paragraph (2)(6) of this paragraph direct them to grant listed building consent, until he has notified them that he does not intend to require the reference of the application. ". In paragraph 6(6) of Schedule 11 to the Town and Country Planning Act 1971 (notice to local planning authority that Secretary of State requires further time to consider whether to call in application for fisted building consent which the Historic Buildings and Monuments Commission have directed the authority to refuse), for the words from " and sub-paragraph (5)(a) " to the end substitute " ; and if he gives such a notice the authority shall not give effect to the Commission's direction until he has notified them that he does not intend to require the reference of the application. ".
Paragraph 7 of Schedule 11 to the Town and Country Planning Act 1971 (directions as to which applications need not be notified to Secretary of State) is amended as follows. Before giving a direction under sub-paragraph (1) of this paragraph in respect of any description of application for consent to the demolition of a building in England, the Secretary of State shall consult the Historic Buildings and Monuments Commission for England. Where a direction is in force under sub-paragraph (1) of this paragraph, the Secretary of State may give to a local planning authority a direction that paragraph 5 or (as the case may be) paragraph 6 of this Schedule shall nevertheless apply— and such a direction has effect in relation to any such application which has not been disposed of by the authority by their granting or refusing consent. Directions under sub-paragraph (1) or (2) of this paragraph may be given to authorities generally or to particular authorities or descriptions of authority.
In Part VI of Schedule 21 to the Town and Country Planning Act 1971 (provisions of Act applying to applications by local planning authorities with respect to listed buildings), at the appropriate place insert " Sections 242, 243, 245 and 246. ".
and, for the purposes of the provisions of this Act relating to listed buildings and building preservation notices, the following shall be treated as part of the building— Where by virtue of this paragraph an object or structure ceases to be treated as part of a listed building— except for the purposes of criminal proceedings begun before the commencement of this paragraph.
In subsection (1) of section 53 (control of works for demolition, alteration or extension of listed buildings) of the Town and Country Planning (Scotland) Act 1972, for the words “this Part of this Act” where they appear for the second time, substitute “ subsection (2) of this section ”. After subsection (2) of the said section 53 insert— After subsection (3) of the said section insert—. At the end of section 54A (limit on duration of listed building consent) of the Town and Country Planning (Scotland) Act 1972 there shall be added—.
In section 53 of the Town and Country Planning (Scotland) Act 1972 (control of works for demolition, alteration or extension of listed buildings), for subsection (6) (exception for certain urgent works) substitute—. In section 93 of the Town and Country Planning (Scotland) Act 1972 (appeal against listed building enforcement notice), in subsection (1) (grounds of appeal), for paragraph (c) substitute—.
In section 54 of the Town and Country Planning (Scotland Act 1972 (supplementary provisions with respect to listed building consent), after subsection (4) insert—. Where an application is made to the planning authority— for listed building consent, or for approval of the authority required by a condition imposed on the granting of listed building consent with respect to details of the works, and the consent or approval is refused Sub-paragraph (1) of this paragraph applies to an application to the planning authority for approval by the authority required by a condition imposed on the granting of listed building consent with respect to details of the works as it applies to an application for listed building consent, with the following modifications—
After section 54C of the Town and Country Planning (Scotland) Act 1972 insert—.
After section 56 of the Town and Country Planning (Scotland) Act 1972 insert—. In section 273 (regulations and orders) of the Town and Country Planning (Scotland) Act 1972—
After section 95 of the Town and Country Planning (Scotland) Act 1972 insert—.
For section 97 of the Town and Country Planning (Scotland) Act 1972 (urgent works for preservation of unoccupied buildings) substitute—.
Section 262A(8) of the Town and Country Planning (Scotland) Act 1972 (application to buildings in conservation areas of provisions relating to listed buildings) is amended as follows—
for the words from “section 53” to “section 54C” substitute “ sections 53 to 54D and 56AA ” ;
for “sections 92 to 95” substitute “ sections 92 to 96 ” ;
after “section 179” insert “ sections 231 and 233, section 242 ” ;
after “section 253(1)(b)” insert “ ,(4) and (5), section 257 ” ;
after “Schedule 17” insert “ Part IV of Schedule 19 ”.
An application for listed building consent shall be made in such form as the planning authority may require and shall contain— and such other particulars as may be required by the planning authority. Provision may be made by regulations under this Act with respect to the manner in which applications for listed building consent are to be made, the manner in which such applications are to be advertised and the time within which they are to be dealt with by planning authorities or, as the case may be, by the Secretary of State.
In paragraph 5(2) of Schedule 10 to the Town and Country Planning (Scotland) Act 1972 (notice, to planning authority that Secretary of State requires further time to consider whether to call in application for listed building consent), for the words from “and sub-paragraph (1)” to the end substitute “ ; and if he gives such a notice the authority shall not grant the listed building consent until he has notified them that he does not intend to require the reference of the application. ”.
In Part IV of Schedule 19 to the Town and Country Planning (Scotland) Act 1972 (provisions of Act applying to applications by planning authorities with respect to listed buildings), at the appropriate place insert “ Sections 231 and 233 ”.
ARRANGEMENT OF SECTIONSLocal Plans11Local plans11ALocal plan schemes11BPower of Secretary of State to direct making of local plan, &c12Publicity and consultation: general12APublicity and consultation: short procedure for certain alterations, &c12BPowers of Secretary of State to secure adequate publicity and consultation13Objections: local inquiry or other hearing14Adoption of proposals14ACalling in of proposals for approval by Secretary of State14BApproval of proposals by Secretary of State15Conformity between plans: certificate of conformity. 15A. Conformity between plans: alteration of structure plan. 15B. Conformity between plans: local plan prevails15AConformity between plans: alteration of structure plan15BConformity between plans: local plan prevails
Part I of Schedule 1 to the Local Government Act 1985 (unitary development plans) is amended as follows.
After paragraph 6 insert—.
In paragraph 10(2) (provisions applicable to making of unitary development plan also apply to alteration or replacement of plan), at the beginning insert " Subject to paragraph 10A below, ".
After paragraph 10 insert—.
Sections 49 and 53.
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In section 24 of the Town and Country Planning Act 1971 (development orders), for subsection (3) (general and special orders) substitute—. In paragraph 17 of Schedule 16 to the Local Government Act 1972 (inclusion of provision in development orders empowering local highway authority to impose restrictions on grant of planning permission in certain cases) for " shall include in a development order under section 24 provision" substitute " may include in a development order under section 24 such provision as he thinks fit ".
In section 29A of the Town and Country Planning Act 1971 (duty to draw attention to certain provisions for the benefit of the disabled: public buildings and places of work), in subsection (1) for paragraph (ii) substitute—. In section 29B of the Town and Country Planning Act 1971 (duty to draw attention to certain provisions for the benefit of the disabled: educational buildings), in subsection (1) for paragraph (ii) substitute—.
After section 31 of the Town and Country Planning Act 1971 insert—.
In section 181 of the Town and Country Planning Act 1971 (action by council on whom purchase notice is served)— In paragraph 1 of Schedule 19 to the Town and Country Planning Act 1971 (action by council on whom listed building purchase notice is served)—
In section 184 of the Town and Country Planning Act 1971 (power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission)—
in subsection (1) (cases to which the section applies) for " land which has a restricted use" substitute " land which consists in whole or in part of land which has a restricted use "; and
in subsection (3) (power of Secretary of State to refuse to confirm purchase notice), for the words "the land ought, in accordance with the previous planning permission ", substitute " the land having a restricted use by virtue of a previous planning permission ought, in accordance with that permission, ",
In section 186(3) of the Town and Country Planning Act 1971 (relevant period at end of which purchase notice is deemed to have been confirmed) after " relevant period is" insert " , subject to subsection (3A) of this section, ", and after that subsection insert— The relevant period does not run if the Secretary of State has before him at the same time both a copy of the listed building purchase notice transmitted to him under paragraph 1(3) of this Schedule and an appeal notice under any of the following provisions of this Act relating to any of the land to which the purchase notice relates— section 97 (appeal against listed building enforcement notice), or paragraph 8 or 9 of Schedule 11 (appeal against refusal of listed building consent, &c.).
In section 282 of the Town and Country Planning Act 1971 (local inquiries held by Secretary of State), for subsection (2) substitute—. The provisions of subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry held by virtue of this paragraph, with the following adaptations—
After section 282 of the Town and Country Planning Act 1971 (local inquiries: application of general provisions of Local Government Act) insert—. The person appointed to determine the appeal or the Secretary of State has the same power to make orders under section 250(5) of the Local Government Act 1972 (orders with respect to the costs of the parties) in relation to proceedings under this Schedule which do not give rise to an inquiry under this paragraph as he has in relation to such an inquiry.
After section 282A of the Town and Country Planning Act 1971 insert—.
In Schedule 9 to the Town and Country Planning Act 1971 (determination of certain appeals by persons appointed by the Secretary of State), after paragraph 3 (power of Secretary of State to direct that appeal should be determined by him) insert—.
Where a person appointed under this Schedule to determine an appeal— an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising notwithstanding that the appointed person is to determine the appeal.
In the provisions of the Town and Country Planning Act 1971 listed in column 1 of the following Table, which impose daily penalties for certain offences whose general nature is indicated in column 2, for the amount shown in column 3 substitute the amount shown in column 4. Provision of 1971 Act Nature of offence Present maximum daily fine New maximum daily fine Section 57(3) Damage to listed building. £20 £40 Section 89(4) Non-compliance with enforcement notice. £100 £200 Section 89(5) Use of land in contravention of enforcement notice. £100 £200 Section 90(7) Non-compliance with stop notice. £100 £200 Section 98(4) Failure to secure compliance with listed building enforcement notice. £100 £200 Section 104(7) Failure to secure compliance with notice as to condition of land. £20 £40 Section 109(2) Contravention of advertisement control regulations. £20 £40 The increased amounts applicable by virtue of sub-paragraph (1) apply to every day after the commencement of this paragraph, notwithstanding that the offence began before.
In section 1 of the Town and Country Planning Act 1971 for subsection (2A) substitute—.
In section 18(1)(f) of that Act, except as respects Greater London—
for "section 12(1)(a)" substitute " section 12(2)(a) ", and
for " section 12(2)" substitute " section 12(4) or 12A(2) ".
In section 29(1)(a) of that Act for " sections 41, 42, 70 and 77 to 80 " substitute " sections 41 and 42 ".
In sections 35(4) and 36(5) of that Act for " and 30A " substitute " , 30A and 31A ".
In sections 36(7) of that Act for " sections 29(1), 30(1), 67 and 74 " substitute " sections 29(1) and 30(1) ".
In section 55(4) of that Act omit " under section 56 of this Act ".
In section 105 of that Act-
in paragraph (a) for " seriously injure " substitute " adversary affect ",
omit paragraph (c), and
in paragraph (a) for " seriously injuring " substitute " adversely affecting ".
In Schedule 21, in Parts I and V for "Sections 63 to 68" substitute " Sections 63 to 65 ".
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Part I of Schedule 16 to the Local Government Act 1972 (functions under and modification of Town and Country Planning Act 1971) is amended as follows. For paragraphs 10 to 12 (joint local plans) substitute, except as respects Greater London—. In paragraph 19(2) (planning applications subject to duty to consult county planning authority)—
In section 8(3) of the Refuse Disposal (Amenity) Act 1978 (application of general provisions of Town and Country Planning Act 1971 relating to local inquiries and service of notices) for " to 284 " substitute " 283 and 284 ".
The Industrial Development Act 1982 is amended as follows. In section 14 (power of Secretary of State to provide premises and sites), in subsection (2) (restriction on acquisition of buildings) for “section 66 of the Town and Country Planning Act 1971” substitute “section 14A of this Act”. After that section insert—.
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In Part II of Schedule 1 to the Local Government Act 1985 (transitional provisions), paragraph 20 (local plans between abolition date and commencement of unitary planning provisions) is amended as follows. In sub-paragraph (2) (application of provisions of Part II of Town and Country Planning Act 1971) omit the words from " and in respect of those matters " to the end. In respect of the matters referred to in sub-paragraph (2) the following provisions (which relate to county planning authorities) do not apply to metropolitan district councils, namely, sections 11 A, 11B(4), 12(3) and (4)(c), 12A(2)(c). 15, 15A and 15B(2). In section 15(1) and (2) (alteration of local plans), as applying in Greater London, the reference to a local plan adopted by a local planning authority includes, in the case of a London borough council, a local plan adopted by the Greater London Council and in force in respect of the area of that authority on the abolition date. A metropolitan district council may at any time—
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in subsection (1) (cases to which the section applies) for " land which has a restricted use " substitute " land which consists in whole or in part of land which has a restricted use "; and
in subsection (3) (power of Secretary of State to refuse to confirm purchase notice), for the words " the land ought, in accordance with the previous planning permission," substitute " the land having a restricted use by virtue of a previous planning permission ought, in accordance with that permission, ".
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at the end of subsection (2)(a) insert " or as applied under section 181 of the Local Government (Scotland) Act 1973 ", and
at the end of subsection (2)(&) insert " or under the provisions of that section as applied by or under any other provision of this Act or as applied under section 181 of the Local Government (Scotland) Act 1973. ".
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Sections 24(3), 39(4), 49(2) and 53(2).
Chapter Short title Extent of Repeal 1985 c. 71. Housing (Consequential Provisions) Act 1985. In Schedule 2, in paragraph 24(8)— (a) in sub-paragraph (d), the words from “for ’section 60” to “1985’ and”; (b) in sub-paragraph (e), the words from “for the” to “Schedule’ and”; (c) sub-paragraph (f).
Chapter Short title Extent of repeal 1975 c. 28. Housing Rents and Subsidies (Scotland) Act 1975. Section 5(6). 1977 c. 42. Rent Act 1977. In section 69(1), the words “(to be known as a certificate of fair rent)”. In section 70(1), the word “and” before paragraph (b). In Schedule 12, in paragraph 3, the words “unless the dwelling-house is subject to a regulated tenancy”. 1980 c. 51. Housing Act 1980. Section 56(3). Section 140. 1980 c. 65. Local Government, Planning and Land Act 1980. Section 156(3). 1981 c. 64. New Towns Act 1981. Section 43(3) and (4). Section 49(b) and (c). 1985 c. 51. Local Government Act 1985. In Schedule 13, in paragraph 14, sub-paragraph (d) and the word “and” preceding it. In Schedule 14, paragraph 58(e). 1985 c. 68. Housing Act 1985. Section 30(2). Section 46. In section 127, the word “and” at the end of paragraph (a). In section 452(2), the definition of “housing authority”. Section 453(2). In Schedule 4, in paragraph 7(1), the words from “a housing co-operative” to “management functions)”. In Schedule 6, in paragraph 14(2), the words following paragraph (c). 1985 c. 71. Housing (Consequential Provisions) Act 1985. In Schedule 2, paragraphs 27, 35(3), 44(3), and 45(2).
Chapter Short title Extent of repeal 6 & 7 Eliz. 2 c. 69. Opencast Coal Act 1958. Sections 1 and 2. Section 9(2). In section 18(2), the words “(apart from this Act)”. In section 39(10), the words “First or”. Section 46(2). Section 48. In section 51, in subsection (1), the definitions of “the authorised purposes” and “authorised operations”. Section 53(2). Schedule 1. In Schedule 9, in paragraph 3(2), the words “under the First Schedule to this Act, or”. Schedule 10. 1971 c. 78. Town and Country Planning Act 1971. Section 60(10)(a). In section 216(3), in paragraph (a), the words “or the National Coal Board” and in paragraph (b), the words from “or” to “1958”. 1972 c. 52. Town and Country Planning (Scotland) Act 1972. Section 58(10)(a). In section 205(3) and 205A(3), in paragraph (a) the words “or the National Coal Board” and in paragraph (b) the words from “or” to “1958”. 1975 c. 56. Coal Industry Act 1975. Section 5. In Schedule 3, paragraphs 3 and 11. Schedule 4. 1981 c. 67. Acquisition of Land Act 1981. In Schedule 4, paragraph 11(5). 1986 c. 5. Agricultural Holdings Act 1986. In Schedule 14, paragraph 25.
Chapter Short title Extent of repeal 62 & 63 Vict. c. 19. Electric Lighting (Clauses) Act 1899. In the Schedule, in section 10(b), the words “and the express consent of the local authority also”. 16 & 17 Geo. 5 c. 51. Electricity (Supply) Act 1926. In Schedule 6, the entry relating to section 21 of the Electricity (Supply) Act 1919. 8 & 9 Geo. 6 c. 43. Requisitioned Land and War Works Act 1945. Section 52. 10 & 11 Geo. 6 c. 51. Town and Country Planning Act 1947. In Schedule 8, the entry relating to section 21 of the Electricity (Supply) Act 1919. 10 & 11 Geo. 6 c. 54. Electricity Act 1947. In Part I of Schedule 4, the entry relating to section 21 of the Electricity (Supply) Act 1919. 11 & 12 Geo. 6 c. 17. Requisitioned Land and War Works Act 1948. In the Schedule, paragraph 10. 5 & 6 Eliz. 2 c. 48. Electricity Act 1957. In section 33(3), the words “and the next following”. 1968 c. 14. Public Expenditure and Receipts Act 1968. In Schedule 3, in paragraph 6, the entry relating to section 290(4) of the Local Government Act 1933. 1971 c. 78. Town and Country Planning Act 1971. In section 29A— (a) in subsection (2), the definition of “the Code of Practice for Access of the Disabled to Buildings”; (b) subsection (3). Section 29B(2) and (3). In section 32(2), in the proviso, the words “of sections 66 to 86”. In section 55(4), the words “under section 56 of this Act”. Sections 66 to 86. Section 88B(4). Section 105(1)(c). Section 110(1). In section 147(3), the words from “or in respect of” to the end. Section 151. Section 165(4). In section 169— (a) subsection (5); (b) in subsection (7), the words from “and no compensation” to the end. In section 180(4), the words from “and no account” to the end. Section 185. Section 191(2). In section 237(5), the words from “and no compensation” to the end. Sections 250 to 252. In section 260(1)(d), the words “grants in accordance with regulations made under section 250 of this Act or”. In section 287— (a) in subsection (4), the words “69, 73(6), 74(4), 75(8)”; (b) in subsection (5)(b), the words “69, 73(6), 75(8) or” and the words from “or an order under section 74(4)” to the end; (c) subsection (7); (d) subsection (9). In section 290(1)— (a) in the definition of “building”, the words in parenthesis; (b) the definition of “industrial development certificate”. Schedules 12 and 13. In Schedule 21— (a) in Part I, the references to sections 250, 251(1) and 252; (b) in Part II, the references to sections 79 to 81; (c) in Part III, the references to sections 72 and 251(2) to (5); (d) in Part V, the references to sections 72 and 73 to 86. In Schedule 24, paragraphs 20A, 26 to 30 and 70. 1972 c. 42. Town and Country Planning (Amendment) Act 1972. Sections 5 and 6. 1972 c. 70. Local Government Act 1972. In section 182(1), the words from “(2A)” to the end. Section 183(2). In section 250(4), the words from “(including” to “in the inquiry)”. In Schedule 16, paragraphs 1 to 3. 1974 c. 7. Local Government Act 1974. In Schedule 6, paragraph 25(4). 1974 c. 32. Town and Country Amenities Act 1974. Section 3(1). Section 5. 1976 c. 70. Land Drainage Act 1976. In section 96(5), the words from “including” to “in the inquiry)”. 1977 c. 40. Control of Office Development Act 1977. The whole Act. 1980 c. 65. Local Government, Planning and Land Act 1980. Section 88. In section 134— (a) in subsection (1), the words “Subject to subsection (2) below,”; (b) subsection (2). In Schedule 14, paragraphs 6 to 8. In Schedule 15, paragraphs 1 and 16. In Part I of Schedule 29, in the entry relating to section 65, the word “waste”. 1981 c. 67. Acquisition of Land Act 1981. In Schedule 4, in paragraph 1, in the entry relating to the Local Government Act 1972, the words “section 125(4) and (7)”. 1982 c. 30. Local Government (Miscellaneous Provisions) Act 1982. In Schedule 6, in the Table in paragraph 7(b) the entries relating to ss. 15 and 15A of the Town and Country Planning Act 1971. 1982 c. 52. Industrial Development Act 1982. Section 15(1)(b). In Part II of Schedule 2, paragraph 7(1). 1983 c. 47. National Heritage Act 1983. In Schedule 4, paragraph 18. Schedule 5, paragraph 6. 1984 c. 27. Road Traffic Regulation Act 1984. In section 129(1)(d), the words from “(including” to “in the inquiry)”. 1985 c. 51. Local Government Act 1985. Section 3(2). In Schedule 2, paragraph 1(8).
Chapter Short title Extent of repeal 1968 c. 14. Public Expenditure and Receipts Act 1968. In Schedule 3, in paragraph 6, the entry relating to section 355(8) of the Local Government (Scotland) Act 1947. 1972 c. 52. Town and Country Planning (Scotland) Act 1972. In section 29(2), in the proviso, the words “of sections 64 to 83”. In section 53(2), the word “only” and the words “(in this Act referred to as listed building consent)”. In section 53(4) the words “under section 54 of this Act,”. In section 63(1A), the words from “ ; and references” to “construed”. Sections 64 to 83. Section 85(8). In section 136(3) the words from “or in respect of” to the end. Section 140. Section 154(4). In section 158— (a) Subsection (5). (b) In subsection (7) the words from “and no compensation” to the end. In section 169(4) the words from “and no account” to the end. Section 174. Section 180(2). In section 226(5) the words from “and no compensation” to the end. Section 231(2)(e). In section 233(3), the words “(other than an order under section 203(1)(a) of this Act)”. Sections 237 to 239. In section 247(1)(d), the words from “in accordance” to “grants”. In section 273— (a) In subsection (4), the words “67, 71(6), 72(4), 73(8)”. (b) In subsection (5) the words “67, 71(6), 73(8)”. (c) Subsections (7) to (9). In section 275(1)— (a) In the definition of “building”, the words “, except in sections 71 to 83 of this Act,”. (b) the definition of “industrial development certificate”. In Schedule 19— (a) in Part I, the reference to sections 237, 238(1) and 239; (b) in Part II, the references to sections 77 to 79 and 83; (c) in Part III, the reference to section 70. In Schedule 22, paragraphs 22 to 25 and 60. 1974 c. 32. Town and Country Amendment Act 1974. Section 5. 1980 c. 65. Local Government Planning and Land Act 1980. In section 134(1) the words “Subject to subsection (2) below,”. In Part I of Schedule 30, in the entry relating to section 63, the word “waste”. 1982 c. 52. Industrial Development Act 1982. Section 15(1)(b). Paragraph 10 of Part II of Schedule 2. 1984 c. 27. Road Traffic Regulation Act 1984. In section 129(1)(d) the words from “(including” to “in the inquiry”.
The conditions mentioned in subsection (1) above are—
that notification required by the Notification Regulations was given before the commencement date ; and
that the substance has not been present during the transitional period in a quantity greater in aggregate than the established quantity.
Where a hazardous substance was present on, under or over any land at any time within the establishment period, hazardous substances consent may be claimed in respect of its presence.
A claim shall be made in the prescribed form before the end of the transitional period and shall contain the prescribed information as to the presence of the substance during the establishment period and as to how and where it was kept and used immediately before the commencement date.
Subject to subsections (6) to (8) below, the planning authority shall be deemed to have granted any hazardous substances consent which is claimed under subsection (2) above.
If at the commencement date notification in respect of the substance was required by regulation 3 or 5 of the Notification Regulations, hazardous substances consent is only to be deemed to be granted under this section if notification in respect of the substance was given before that date in accordance with those regulations.
If at the commencement date such notification was not so required, hazardous substances consent is only to be deemed to be granted under this section if an aggregate quantity of the substance not less than the controlled quantity was present at any one time within the establishment period.
If it appears to the planning authority that a claim for hazardous substances consent does not comply with subsection (4) above, it shall be their duty, before the end of the period of two weeks from their receipt of the claim.—
to notify the claimant that in their opinion the claim is invalid; and
to give him their reasons for that opinion.
Hazardous substances consent which is deemed to be granted under this section is subject to the conditions that—
the maximum aggregate quantity of the substance that may be present—
on, under or over the land to which the claim relates ;
on, under or over other land which is within 500 metres of it and controlled by the same person ; or
in or on a structure controlled by the same person any part of which is within 500 metres of it, at any one time shall not exceed the established quantity ; and
the substance shall be kept and used in the place and manner in which information supplied in pursuance of regulations made by virtue of subsection (4) above shows that it was kept and used immediately before the commencement date; and
none of the substance shall be kept or used in a vessel or container greater in capacity than the container, or the largest of the containers, in which the substance was kept or used immediately before the commencement date.
In this section—
" the transitional period " means the period of 6 months beginning with the commencement date ; and other expressions have the same meaning as in the Town and Country Planning (Scotland) Act 1972.
paragraph 18 of Schedule 5 (amendment relating to stamp duty),
" established quantity " means, in relation to any land—
this Part.
where a notification was not required before that date by any of those regulations, a quantity exceeding by 50 per cent, the maximum quantity which was present on, under or over the land at any one time within the establishment period ;
The following provisions of the Opencast Coal Act 1958 (“the 1958 Act”) shall cease to have effect— but this subsection does not affect a direction given under section 2 of the 1958 Act before the day on which the repeal of that section by paragraph (a) above comes into operation, and any repeal by this Act of an enactment which relates to directions under section 2 of the 1958 Act shall have no effect in relation to directions whose effect is continued by this subsection.
sections 1 and 2 (authorisation by Secretary of State of opencast working of coal and associated provisions); and
section 9(2) (buildings on land comprised in a compulsory rights order),
The repeal of section 2(4) of the 1958 Act shall not prevent the felling of a tree that could not have been felled but for paragraph (a) of that subsection (which negatived tree preservation orders).
The 1958 Act shall have effect with the amendments specified in Part I of Schedule 8 to this Act and section 29 of the Acquisition of Land Act 1981 shall have effect with the amendments specified in Part II of that Schedule.
The enactments specified in Part II of Schedule 12 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Schedule.
The enactments relating to listed buildings and conservation areas are amended in accordance with Part I of Schedule 9 with respect to the following matters—
the treatment of free-standing objects and structures within the curtilage of a listed building;
the scope of the exception for urgent works to a listed building;
the grant of listed building consent subject to the subsequent approval of detail;
applications for the variation or discharge of conditions attached to listed building consent;
the extent of the exemption accorded to ecclesiastical buildings;
dangerous structure orders in respect of listed buildings;
the power of a local authority, the Secretary of State or the Historic Buildings and Monuments Commission for England to carry out urgent works for the preservation of a building;
the control of demolition in a conservation area;
the form of an application for listed building consent; and
the powers of the Secretary of State with respect to applications for listed building consent.
In Part II of the Town and Country Planning Act 1971 (development plans), the sections set out in Part I of Schedule 10 are substituted, except as to Greater London, for sections 10C to 15B (local plans), the main changes being—
to provide for the coordination by county planning authorities, in conjunction with the district planning authorities, of the process of making, altering, repealing or replacing local plans ;
to provide a short procedure for altering a local plan where the issues are not of sufficient importance to warrant the full procedure : and
to enable the Secretary of State to direct a local planning authority to reconsider proposals for making, altering, repealing or replacing a local plan ; and
to omit provisions which are spent in consequence of the approval of structure plans for the whole of England and Wales.
The substituted sections have effect in relation to metropolitan counties until the coming into force of Part I of Schedule 1 to the Local Government Act 1985 (unitary development plans), but subject to the provisions of Part II of that Schedule.
Part I of Schedule 1 to the Local Government Act 1985 (unitary development plans) is amended in accordance with Part II of Schedule 10 to this Act, so as to—
provide a short procedure for altering a unitary development plan where the issues are not of sufficient importance to warrant the full procedure ; and
enable the Secretary of State to direct a local planning authority to reconsider proposals for making, altering or replacing a unitary development plan.
The following provisions of this section apply where a Minister is authorised under or by virtue of any of the following statutory provisions to recover costs incurred by him in relation to an inquiry—
section 250(4) of the Local Government Act 1972 (general provision as to costs of inquiries),
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section 129(1)(d) of the Road Traffic Regulation Act 1984 (costs of inquiry under that Act),
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any other statutory provision to which this section is applied by order of the Minister.
What may be recovered by the Minister is the entire administrative cost of the inquiry, so that, in particular—
there shall be treated as costs incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff costs and overheads of his department, and
there shall be treated as costs incurred by the Minister holding the inquiry any costs incurred in relation to the inquiry by any other Minister or government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff costs and overheads.
The cost of an inquiry which does not take place may be recovered by the Minister from any person who would have been a party to the inquiry to the same extent, and in the same way, as the cost of an inquiry which does take place.
The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—
the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,
costs actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry,
any costs attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and
any legal costs or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.
An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An order applying this section to a statutory provision may provide for the consequential repeal of so much of that provision, or any other provision, as restricts the sum recoverable by the Minister in respect of the services of any officer engaged in the inquiry or is otherwise inconsistent with the application of the provisions of this section.
For section 125 of the Local Government Act 1972 (compulsory acquisition of land on behalf of parish or community councils) substitute—.
For section 21 of the Electricity (Supply) Act 1919 (overhead wires) substitute—.
In section 34 of the Electricity Act 1975 (public inquiries), after subsection (1) (inquiry to be held if local planning authority object) insert—.
Section 149(3)(a) of the Local Government, Planning and Land Act 1980 (power of Secretary of State to confer functions of local planning authority on urban development corporation) has effect in relation to— section 21 of the Electricity (Supply) Act 1919, and section 34 of the Electricity Act 1957, so far as applying to an application for consent or authorisation under section 10(b) of the Schedule to the Electric Lighting (Clauses) Act 1899, as it has effect in relation to the provisions listed in Part I of Schedule 29 to the 1980 Act.
For section 65 of the Town and Country Planning Act 1971 (proper maintenance of waste land), and the heading preceding it, substitute—.
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The following enactments are repealed—
section 52 of the Requisitioned Land and War Works Act 1945 and paragraph 10 of the Schedule to the Requisitioned Land and War Works Act 1948 (reimbursement of expense of restoring land affected by war works, &c.);
sections 66 to 72 of the Town and Country Planning Act 1971 (special control over industrial development);
sections 250 to 252 of that Act (grants to local authorities for development of land, &c.).
The repeal does not affect the operation—
of section 52 of the Requisitioned Land and War Works Act 1945 or paragraph 10 of the Schedule to the Requisitioned Land and War Works Act 1948 in relation to undertakings given before the repeal;
of sections 250 to 252 of the 1971 Act in relation to land for which approval for the purposes of regulations under section 250 was sought before 1st April 1986.
The Town and Country Planning Act 1971, and certain related enactments, are amended in accordance with Part I of Schedule 11 with respect to the following matters— and that Part also contains amendments consequential on the provisions of this Part.
the operation of the Use Classes Order on the subdivision of the planning unit;
the provision which may be made by development orders;
the construction of references to certain documents relating to access for the disabled;
applications to vary or revoke conditions attached to planning permission;
the procedure on appeals and applications disposed of without a local inquiry or hearing;
purchase notices;
local inquiries;
the determination of appeals by inspectors; and
daily penalties for offences;
The enactments specified in Part III of Schedule 12 are repealed to the extent specified.
the treatment of free-standing objects and structures within the curtilage of a listed building ;
late applications for listed building consent;
defence to proceedings under section 53 ;
the grant of listed building consent subject to subsequent approval of detail;
applications for the variation or discharge of conditions attached to listed building consent;
the extent of the exemption accorded to ecclesiastical buildings;
the effect of a listed building enforcement notice ;
the power of a local authority or the Secretary of State to carry out urgent works for the preservation of a building;
the control of demolition in a conservation area ;
the form of an application for listed building consent;
the calling in of applications for listed building consent; and
the application to planning authorities of provisions relating to listed buildings.
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No payment of grant under— shall be made for the financial year 1986-87 or for any subsequent financial year.
sections 237 to 239 of the Town and Country Planning (Scotland) Act 1972,
section 14 of the Housing and Town Development (Scotland) Act 1957, and
section 9 of the Local Government (Scotland) Act 1966
No claim for grant under the enactments mentioned in subsection (1)(a) and (b) above in respect of financial years prior to 1986-87 shall be entertained by the Secretary of State unless—
it is received by him before this Act is passed, and
any information reasonably required by him in relation to any such claim is received by him before the expiry of the period of two months after this Act is passed.
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directions as to modifications of local plans;
the operation of the Use Classes Order on the subdivision of the planning unit;
the provision that may be made by development orders ;
applications to vary or revoke conditions attached to planning permission;
land adversely affecting the amenity of the neighbourhood ;
purchase notices;
National Scenic Areas ;
local inquiries;
procedure on applications and appeals disposed of without an inquiry or hearing;
the determination of appeals by appointed persons ;
daily penalties for offences ;
The enactments mentioned in Part IV of Schedule 12 to this Act are repealed to the extent specified.
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In Schedule 32 to the Local Government, Planning and Land Act 1980 (enterprise zones), for paragraphs 21 and 22 (effect of modification or termination of scheme on planning permission) substitute—.
The following provisions apply in determining for the purposes of this Schedule when development shall be taken to be begun—
— In Part III of the Race Relations Act 1976 (discrimination in fields other than employment), after section 19 insert—.
There shall be paid out of money provided by Parliament any expenses of the Secretary of State under this Act and any increase attributable to this Act in the sums so payable under any other enactment.
Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.
There shall be paid out of or into the Consolidated Fund or the National Loans Fund any increase attributable to this Act in the sums so payable under any other enactment.
The following provisions of this Act come into force on the day this Act is passed— section 21 (effect of resolutions relating to housing action area or general improvement area); section 24(1)(j), paragraphs 10 to 13 of Schedule 5, the repeals specified in the first part of Part I of Schedule 12 and section 24(3) so far as relating to those repeals (miscellaneous corrections); section 52 (termination of grants for redevelopment in Scotland); this Part.
The other provisions of this Act come into force on such day as may be appointed by the Secretary of State by order made by statutory instrument and—
different days may be appointed for different provisions or different purposes; and
an order may make such transitional provision as the Secretary of State thinks appropriate.
For the purpose of any transitional provision in this Act or an order which refers to the date of service of a notice under the Housing Act 1985, no account shall be taken of any steps taken under section 177 of that Act (amendment or withdrawal and re-service of notice to correct mistakes).
For the purpose of any transitional provision in this Act or an order which refers to the date of service of a notice under the Housing Act 1985, no account shall be taken of any steps taken under section 177 of that Act (amendment or withdrawal and re-service of notice to correct mistakes).
The following provisions of this Act extend to England and Wales— Part I (housing), except section 3, paragraphs 10(7), 14 and 17 of Schedule 5 and the associated repeals in Part I of Schedule 12; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; Part V (opencast coal); in Part VI (miscellaneous provisions), sections 40 to 49, 54 and 55, Part I of Schedule 9, ... Part I of Schedule 11 and Part III of Schedule 12; this Part.
The following provisions of this Act extend to Scotland— in Part I (housing), sections 3, 19 and 22, paragraphs 8, 10(7), 13, 14, 17, 18 and 42 of Schedule 5 and the associated repeals in Part I of Schedule 12; . . . . . . . . . Part V (opencast coal), except so far as it repeals enactments which extend to England and Wales only; in Part VI (miscellaneous provisions), sections 50 to 55, . . ., ... and Part IV of Schedule 12; this Part.
The following provisions of this Act extend to Northern Ireland— section 22 (amendments of Consumer Credit Act 1974), paragraph 18 of Schedule 5 (amendment relating to stamp duty), this Part.
section 22 (amendments of Consumer Credit Act 1974),
This Act may be cited as the Housing and Planning Act 1986.
At the end of subsection (2) of section 31 of the Town and Country Planning (Scotland) Act 1972 (registers) insert “and also containing such information as may be so prescribed with respect to simplified planning zone schemes relating to zones in the authority’s area”.
In section 38 of the Town and Country Planning (Scotland) Act 1972 (limit of duration of planning permission), in subsection (3) (exceptions) after paragraph (aa) insert—.
In section 51(1) of the Town and Country Planning (Scotland) Act 1972 (applications to determine whether planning permission required) after the word “scheme” insert “ or simplified planning zone scheme ”.
After subsection (1)(a) of section 231 of the Town and Country Planning (Scotland) Act 1972 (validity of plans, &c.) insert—.
In section 232 of the Town and Country Planning (Scotland) Act 1972 (proceedings for questioning plans, &c.), after subsection (3) insert—.
In section 273 of the Town and Country Planning (Scotland) Act 1972 (orders)— in subsection (4), after “21,” insert “ 21E, ”, and in subsection (5), after “1(3),” insert “ 21E, ”.
“simplified planning zone” and “simplified planning zone scheme” shall be construed in accordance with section 21A of this Act ;