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Localism Act 2011
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- 2011 c. 20
- SCHEDULE 13
- PART 1
- Grant or refusal
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Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Localism Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Commencement Orders yet to be applied to the Localism Act 2011:
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. 2011/2896 art. 2 commences (2011 c. 20)
Grant or refusalE+W
55(1)Section 114 (decision-maker to grant or refuse consent) is amended as follows.E+W
(2)In subsection (1)—
(a)for “it” substitute “ the Secretary of State ”, and
(b)for “decision-maker” substitute “ Secretary of State ”.
(3)In subsection (2) for “decision-maker” substitute “ Secretary of State ”.
56Omit section 115(6) (Panel or Council to have regard to Secretary of State's guidance in deciding whether development is associated).E+W
57(1)Amend section 116 (reasons) as follows.E+W
(2)In subsection (1)—
(a)for “decision-maker” substitute “ Secretary of State ”, and
(b)for “its” substitute “the Secretary of State's”.
(3)In subsection (2) for “appropriate authority” substitute “ Secretary of State ”.
(4)In subsection (3)—
(a)for “appropriate authority” substitute “ Secretary of State ”, and
(b)for “the authority” substitute “ the Secretary of State ”.
(5)Omit subsection (4) (meaning of “appropriate authority”).
58(1)Amend section 117 (orders granting consent: formalities) as follows.E+W
(2)Omit subsections (2) and (5) (orders made by Panel or Council).
(3)In subsection (3) (duty to publish order)—
(a)for “appropriate authority” substitute “ Secretary of State ”, and
(b)for “the authority” substitute “ the Secretary of State ”.
(4)For subsection (4) (order exercising powers under section 120(5)(a) or (b) must be in statutory instrument) substitute—
“(4)If the order includes provision—
(a)made under section 120(3) for or relating to any of the matters listed in paragraphs 32A and 32B of Schedule 5, or
(b)made in the exercise of any of the powers conferred by section 120(5)(a) or (b),
the order must be contained in a statutory instrument.”
(5)In subsection (6) for “is made, the appropriate authority” substitute “ containing the order is made, the Secretary of State ”.
(6)Omit subsection (7) (meaning of “appropriate authority”).
59(1)Amend section 118 (legal challenges) as follows.E+W
(2)In subsection (3) (challenges to Commission decision not to accept application) for “Commission” (in both places) substitute “ Secretary of State ”.
(3)In subsection (7) (other challenges to things done by Secretary of State or Commission) omit “or the Commission”.
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