- Latest available (Revised)
- Original (As enacted)
Planning and Compulsory Purchase Act 2004
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Planning and Compulsory Purchase Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by S.I. 2005/2085 art. 4(1)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4A inserted by 2008 c. 29 s. 179(1)
- specified provision(s) Appointed Day(s) by S.I. 2006/931 art. 2
- specified provision(s) and purposes Appointed Day(s) by S.S.I. 2006/101 art. 2
Commencement Orders yet to be applied to the Planning and Compulsory Purchase Act 2004:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/1813 art. 2 commences (2004 c. 5)
- S.I. 2004/1814 art. 2 commences (2004 c. 5)
- S.I. 2004/2097 art. 2 commences (2004 c. 5)
- S.I. 2004/2202 art. 2 3 commences (2004 c. 5)
- S.I. 2004/2593 art. 2 commences (2004 c. 5)
- S.I. 2005/204 art. 3 commences (2004 c. 5)
- S.I. 2005/1229 art. 2 commences (2004 c. 5)
- S.I. 2005/2081 art. 2 commences (2004 c. 5)
- S.I. 2005/2722 art. 2 commences (2004 c. 5)
- S.I. 2005/2847 art. 2 commences (2004 c. 5)
- S.I. 2006/842 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2006/1061 art. 2 3 commences (2004 c. 5)
- S.I. 2006/1281 art. 2-4 commences (2004 c. 5)
- S.I. 2006/1700 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2007/1369 art. 2 commences (2004 c. 5)
- S.I. 2007/2449 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2009/384 art. 2 commences (2004 c. 5)
- S.I. 2009/2645 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2010/321 art. 3 amendment to earlier commencing SI 2006/1061 art. 4
- S.I. 2010/321 art. 4 amendment to earlier commencing SI 2007/1369 art. 3
- S.I. 2010/2002 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2011/101 art. 1 amendment to earlier commencing SI 2005/2722
- S.S.I. 2006/243 art. 3 commences (2004 c. 5)
- S.S.I. 2006/268 art. 3 commences (2004 c. 5)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2007/1023 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2007/2371 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2007/2447 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
- S.I. 2008/10 art. 2 amendment to earlier commencing SI 2005/2722
- S.I. 2008/582 art. 2 commences (2007 c. 24)
- S.I. 2008/1372 art. 2 commences (2007 c. 24)
- S.I. 2008/2162 art. 2 amendment to earlier commencing SI 2005/2722 Sch.
- S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
- S.I. 2009/400 art. 2-5 commences (2008 c. 29)
- S.I. 2009/3272 art. 2-4 Sch. 1-3 commences (2009 nawm 2)
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2010/566 art. 2 commences (2008 c. 29)
Prospective
21Intervention by Secretary of StateE+W
This section has no associated Explanatory Notes
(1)If the Secretary of State thinks that a local development document is unsatisfactory—
(a)he may at any time before the document is adopted under section 23 direct the local planning authority to modify the document in accordance with the direction;
(b)if he gives such a direction he must state his reasons for doing so.
(2)The authority—
(a)must comply with the direction;
(b)must not adopt the document unless the Secretary of State gives notice that he is satisfied that they have complied with the direction.
(3)But subsection (2) does not apply if the Secretary of State withdraws the direction.
(4)At any time before a development plan document is adopted by a local planning authority the Secretary of State may direct that the document (or any part of it) is submitted to him for his approval.
(5)The following paragraphs apply if the Secretary of State gives a direction under subsection (4)—
(a)the authority must not take any step in connection with the adoption of the document until the Secretary of State gives his decision;
(b)if the direction is given before the authority have submitted the document under section 20(1) the Secretary of State must hold an independent examination and section 20(4) to (7) applies accordingly;
(c)if the direction is given after the authority have submitted the document but before the person appointed to carry out the examination has made his recommendations he must make his recommendations to the Secretary of State;
(d)the document has no effect unless it or (if the direction relates to only part of a document) the part has been approved by the Secretary of State.
(6)The Secretary of State must publish the recommendations made to him by virtue of subsection (5)(b) or (c) and the reasons of the person making the recommendations.
(7)In considering a document or part of a document submitted under subsection (4) the Secretary of State may take account of any matter which he thinks is relevant.
(8)It is immaterial whether any such matter was taken account of by the authority.
(9)In relation to a document or part of a document submitted to him under subsection (4) the Secretary of State—
(a)may approve, approve subject to specified modifications or reject the document or part;
(b)must give reasons for his decision under paragraph (a).
(10)In the exercise of any function under this section the Secretary of State must have regard to the local development scheme.
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print The Whole Cross Heading
Print This Section only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open The Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act without Schedules as a PDF
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open the Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources