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Localism Act 2011

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This is the original version (as it was originally enacted).

129Transitional provision in connection with abolition

This section has no associated Explanatory Notes

(1)The Secretary of State may, in connection with the operation of the abolition provisions, give a direction about the handling on and after the abolition date of—

(a)an application received by the Infrastructure Planning Commission before the abolition date that purports to be an application for an order granting development consent under the Planning Act 2008,

(b)a proposed application notified to the Commission under section 46 of that Act before the abolition date, or

(c)an application received by the Secretary of State on or after the abolition date where—

(i)the application purports to be an application for an order granting development consent under that Act, and

(ii)a proposed application that has become that application was notified to the Commission under section 46 of that Act before the abolition date.

(2)A direction under subsection (1) may (in particular)—

(a)make provision about the effect on and after the abolition date of things done before that date;

(b)provide for provisions of or made under the Planning Act 2008 to apply on and after that date as they applied before that date, with or without modifications specified in the direction;

(c)provide for provisions of or made under that Act to apply on and after the abolition date with modifications specified in the direction;

(d)make provision for a person who immediately before the abolition date—

(i)is a member of the Commission, and

(ii)is a member of the Panel, or is the single Commissioner, handling an application for an order granting development consent under that Act,

to be, or to be treated as being, a member of the Panel that under Chapter 2 of Part 6 of that Act, or the appointed person who under Chapter 3 of that Part, is to handle the application on and after the abolition date;

(e)make other transitional provision and savings;

(f)make provision binding the Crown.

(3)In this section—

  • “the abolition date” means the date on which section 128(1) comes into force;

  • “the abolition provisions” means section 128, Schedule 13 and Part 20 of Schedule 25.

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