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Housing and Planning Act 2016

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Housing and Planning Act 2016, SCHEDULE 14 is up to date with all changes known to be in force on or before 20 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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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.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 179

SCHEDULE 14E+WRight to enter and survey land: consequential amendments

This schedule has no associated Explanatory Notes

Defence Act 1842 (5 & 6 Vict c. 94)E+W

1In section 16 of the Defence Act 1842, at the end insert—E+W

(3)A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

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Commencement Information

I1Sch. 14 para. 1 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Coast Protection Act 1949 (12 & 13 Geo 6 c. 74)E+W

2In section 25 of the Coast Protection Act 1949, after subsection (1) insert—E+W

(1A)A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 14 para. 2 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

National Parks and Access to the Countryside Act 1949 (12, 13 & 14 Geo 6 c. 97)E+W

3(1)Section 108 of the National Parks and Access to the Countryside Act 1949 is amended as follows.E+W

(2)In subsection (1)(a), after “therein” insert “ in relation to land in Scotland ”.

(3)After subsection (1) insert—

(1A)A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 14 para. 3 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Land Powers (Defence) Act 1958 (6 & 7 Eliz 2 c. 30)E+W

4In section 21 of the Land Powers (Defence) Act 1958, after subsection (1) insert—E+W

(1A)A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

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Commencement Information

I4Sch. 14 para. 4 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Caravan Sites and Control of Development Act 1960 (8 & 9 Eliz 2 c. 62)E+W

5In section 26 of the Caravan Sites and Control of Development Act 1960, after subsection (1) insert—E+W

(1A)A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

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Commencement Information

I5Sch. 14 para. 5 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Compulsory Purchase Act 1965 (c. 56)E+W

6In section 11(3) of the Compulsory Purchase Act 1965 for “surveying and taking levels” substitute “ surveying, valuing or taking levels ”.E+W

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Commencement Information

I6Sch. 14 para. 6 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Criminal Justice Act 1972 (c. 71)E+W

7In the Criminal Justice Act 1972 omit section 60.E+W

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Commencement Information

I7Sch. 14 para. 7 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Welsh Development Agency Act 1975 (c. 70)E+W

8In Schedule 4 to the Welsh Development Agency Act 1975 omit paragraph 14(1).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 14 para. 8 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)E+W

9In the Local Government (Miscellaneous Provisions) Act 1976 omit section 15.E+W

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Commencement Information

I9Sch. 14 para. 9 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)E+W

10In section 43 of the Ancient Monuments and Archaeological Areas Act 1979, for subsection (1) substitute—E+W

(1)Any person authorised under this section may at any reasonable time enter any land in Scotland for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that or any other land under this Act or in connection with any claim for compensation under this Act in respect of any such acquisition.

(1A)Any person authorised under this section may at any reasonable time enter any land in England and Wales or Scotland for the purpose of surveying it, or estimating its value, in connection with any claim for compensation under this Act for any damage to that or any other land.

(1B)See section 172 of the Housing and Planning Act 2016 for a power to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land.

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Commencement Information

I10Sch. 14 para. 10 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Local Government, Planning and Land Act 1980 (c. 65)E+W

11(1)Section 167 of the Local Government, Planning and Land Act 1980 is amended as follows.E+W

(2)In the heading, after “land” insert “ in Scotland ”.

(3)In subsection (1)—

(a)in paragraph (a) after “any land” insert “ in Scotland ”;

(b)in paragraph (b) after “other land” insert “ in Scotland ”.

(4)In subsection (7)—

(a)for the words before paragraph (a) substitute “ Where it is proposed to search or bore in pursuance of this section in a road within the meaning of Part 4 of the New Roads and Street Works Act 1991— ”;

(b)in paragraph (a) omit “55 or”;

(c)in paragraph (b) omit “69 or”;

(d)in paragraph (c) omit “82 or”;

(e)for the words after paragraph (c) substitute “ have effect in relation to the searching or boring as if they were road works within the meaning of Part 4 of that Act. ”

(5)In subsection (9)—

(a)for “Upper Tribunal” substitute “ Lands Tribunal for Scotland ”;

(b)for the words from “section 4” to “costs)” substitute “ sections 9(2) to (5) and 11 of the Land Compensation (Scotland) Act 1963 (procedure and expenses) ”.

(6)Omit subsection (13).

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Commencement Information

I11Sch. 14 para. 11 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Highways Act 1980 (c. 66)E+W

12In section 289 of the Highways Act 1980, after subsection (1) insert—E+W

(1A)A person may not be authorised under subsection (1) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 14 para. 12 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

New Towns Act 1981 (c. 64)E+W

13In section 73(1) of the New Towns Act 1981 omit paragraph (b) (and the “or” before it).E+W

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Commencement Information

I13Sch. 14 para. 13 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Civil Aviation Act 1982 (c. 16)E+W

14(1)Section 50 of the Civil Aviation Act 1982 is amended as follows.E+W

(2)In subsection (1), for paragraph (e) substitute—

(e)in any case not falling within paragraphs (a) to (d) above where the Secretary of State has made an order under or in pursuance of this Part of this Act—

(i)authorising the compulsory purchase of land,

(ii)providing for the creation in favour of a particular person of a right in or in relation to land, or

(iii)declaring that an area of land shall be subject to control by directions.

(f)in any case not falling within paragraphs (a) to (d) above where the Secretary of State is considering making an order under or in pursuance of this Part of this Act—

(i)authorising the compulsory purchase of land in Scotland or Northern Ireland,

(ii)providing for the creation in favour of a particular person of a right in or in relation to land in Scotland or Northern Ireland, or

(iii)declaring that an area of land in England and Wales, Scotland or Northern Ireland shall be subject to control by directions.

(3)In subsection (3)(e), after “(1)(e)” insert “ or (f) ”.

(4)In subsection (4)(b), after “(1)(e)” insert “ or (f) ”.

(5)In subsection (7)(c), after “(1)(e)” insert “ or (f) ”.

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Commencement Information

I14Sch. 14 para. 14 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Industrial Development Act 1982 (c. 52)E+W

15In section 14 of the Industrial Development Act 1982 omit subsection (6).E+W

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Commencement Information

I15Sch. 14 para. 15 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Housing Act 1985 (c. 68)E+W

16In section 54 of the Housing Act 1985, after subsection (2) insert—E+W

(3)A person may not be authorised by a local housing authority under subsection (1)(a) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

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Commencement Information

I16Sch. 14 para. 16 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Local Government and Housing Act 1989 (c. 42)E+W

17In section 97 of the Local Government and Housing Act 1989, after subsection (1) insert—E+W

(1A)A person may not be authorised by a local housing authority under subsection (1)(a) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

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Commencement Information

I17Sch. 14 para. 17 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Electricity Act 1989 (c. 29)E+W

18In Schedule 4 to the Electricity Act 1989, in paragraph 10, after sub-paragraph (1) insert—E+W

(1A)A person may not be authorised under sub-paragraph (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

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Commencement Information

I18Sch. 14 para. 18 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Town and Country Planning Act 1990 (c. 8)E+W

19In section 324 of the Town and Country Planning Act 1990 omit subsection (6).E+W

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Commencement Information

I19Sch. 14 para. 19 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)E+W

20In section 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 omit subsection (5).E+W

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Commencement Information

I20Sch. 14 para. 20 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Land Drainage Act 1991 (c. 59)E+W

21In section 64 of the Land Drainage Act 1991, after subsection (1) insert—E+W

(1A)A person may not be authorised under subsection (1)(a) or (b) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21Sch. 14 para. 21 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Water Industry Act 1991 (c. 56)E+W

22(1)Section 169 of the Water Industry Act 1991 is amended as follows.E+W

(2)In subsection (2) omit paragraph (a) (and the “or” at the end of it).

(3)In subsection (4), for the words before paragraph (a) substitute “ The powers conferred by this section or section 172 of the Housing and Planning Act 2016 shall not be exercised on behalf of a water undertaker in any case for purposes connected with the determination of— ”.

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Commencement Information

I22Sch. 14 para. 22 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Water Resources Act 1991 (c. 57)E+W

23(1)Section 171 of the Water Resources Act 1991 is amended as follows.E+W

(2)In subsection (2) omit paragraph (a) (and the “or” at the end of it).

(3)In subsection (4), for the words before paragraph (a) substitute “ The powers conferred by this section or section 172 of the Housing and Planning Act 2016 shall not be exercised on behalf of the Agency or the NRBW in any case for purposes connected with the determination of— ”.

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Commencement Information

I23Sch. 14 para. 23 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Environment Act 1995 (c. 25)E+W

24(1)Schedule 8 to the Environment Act 1995 is amended as follows.E+W

(2)In paragraph 1(2) omit paragraph (b).

(3)In paragraph 2(3)—

(a)at the end of paragraph (a) insert “ and ”;

(b)omit paragraph (c) (and the “and” before it).

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Commencement Information

I24Sch. 14 para. 24 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Greater London Authority Act 1999 (c. 29)E+W

25In the Greater London Authority Act 1999 omit section 333ZD.E+W

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Commencement Information

I25Sch. 14 para. 25 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Postal Services Act 2000 (c. 26)E+W

26In Schedule 6 to the Postal Services Act 2000, in paragraph 2, after sub-paragraph (2) insert—E+W

(2A)A person may not be authorised under sub-paragraph (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

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Commencement Information

I26Sch. 14 para. 26 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Housing and Regeneration Act 2008 (c. 17)E+W

27In the Housing and Regeneration Act 2008 omit sections 17 and 18.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27Sch. 14 para. 27 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

Localism Act 2011 (c. 20)E+W

28In the Localism Act 2011 omit section 210.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28Sch. 14 para. 28 in force at 13.7.2016 by S.I. 2016/733, reg. 3(h) (with reg. 6)

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