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Part 7E+WCrown application of planning Acts

Chapter 1E+WEngland and Wales

MiscellaneousE+W

87Old mining permissionsE+W

(1)Subsection (2) applies if—

(a)an old mining permission relates to land which is Crown land, and

(b)the permission has not been registered in pursuance of Schedule 2 to the Planning and Compensation Act 1991.

(2)Section 22 of and Schedule 2 to that Act apply to the old mining permission subject to the following modifications—

(a)in section 22(3) for “May 1, 1991” there is substituted “ the date of commencement of section 87(2) of the Planning and Compulsory Purchase Act 2004 ”;

(b)in paragraph 1(3) of Schedule 2 for “the day on which this Schedule comes into force” there is substituted “ the date of commencement of section 87(2) of the Planning and Compulsory Purchase Act 2004 ”.

(3)Old mining permission must be construed in accordance with section 22 of the Planning and Compensation Act 1991.

(4)Crown land must be construed in accordance with Part 13 of the principal Act.

Commencement Information

I1S. 87 in force at 7.6.2006 by S.I. 2006/1281, art. 2(a)

88Subordinate legislationE+W

(1)The Secretary of State may by order provide that relevant subordinate legislation applies to the Crown.

(2)The order may modify such subordinate legislation to the extent that the Secretary of State thinks appropriate for the purposes of its application to the Crown.

(3)Relevant subordinate legislation is an instrument which—

(a)is made under or (wholly or in part) for the purposes of any of the planning Acts,

(b)is made before the commencement of section 79 of this Act, and

(c)is specified in the order.

Commencement Information

I2S. 88 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I3S. 88 in force at 7.6.2006 in so far as not already in force by S.I. 2006/1281, art. 2(a)

89Crown application: transitionalE+W

Schedule 4 (which makes transitional provisions in consequence of the application to the Crown of the planning Acts) has effect.

Commencement Information

I4S. 89 in force at 7.6.2006 by S.I. 2006/1281, art. 2(a)