The Housing and Planning Act 1986 (Commencement No. 8) Order 1987

Statutory Instruments

1987 No. 1759 (C.53)

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Housing and Planning Act 1986 (Commencement No. 8) Order 1987

Made

1st October 1987

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 57(2) of the Housing and Planning Act 1986(1), and of all other powers enabling them in that behalf, hereby make the following Order:

1.  This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 8) Order 1987.

2.  The provisions of the Housing and Planning Act 1986 listed below shall come into force on 2nd November 1987—

• section 25

• section 41(1) and (2)

• section 41(3)

• section 49(1) (insofar as it relates to paragraphs 15, 23, 26 and 27 of Schedule 11 to that Act)

• section 49(2) (insofar as it relates to the repeals specified in the Schedule to this Order).

Transitional provisions

3.—(1) Section 11A(7)(a) of the Town and Country Planning Act 1971(2) shall not apply in relation to proposals for the making, alteration, repeal or replacement of a local plan where the local planning authority have taken steps to prepare those proposals before the coming into force of that provision.

(2) Any direction given by the Secretary of State under section 15A(6) of the Town and Country Planning Act 1971 in force immediately before the making of this Order shall continue in force so far as it requires modifications to be made to the local plan or to proposals for the alteration, repeal or replacement of such a plan.

Nicholas Ridley

Secretary of State for the Environment

1st October 1987

Peter Walker

Secretary of State for Wales

1st October 1987

Article 2

SCHEDULE ENACTMENTS REPEALED

Chapter	Short title	Extent of repeal
1972 c. 70.	Local Government Act 1972.	Section 183(2). In Schedule 16, paragraphs 1 to 3.
1980 c. 65.	Local Government, Planning and Land Act 1980.	Section 88.
1982 c. 30.	Local Government (Miscellaneous Provisions) Act 1982.	In Schedule 6, in the table in paragraph 7(b), the entries relating to sections 15 and 15A of the Town and Country Planning Act 1971.

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 2nd November 1987 certain provisions of the Housing and Planning Act 1986.

In Part II of the 1986 Act, section 25 (simplified planning zones in England and Wales) is brought into force together with Parts I and II of Schedule 6 to which the section gives effect. The Town and Country Planning (Simplified Planning Zones) Regulations 1987 (S.I. 1987/1750) come into force on the same date.

In Part VI of the 1986 Act, the following provisions are brought into force—

section 41(1) and (2) which with Part I of Schedule 10 substitute (except in Greater London) new provisions for sections 10C to 15B of the Town and Country Planning Act 1971 (procedure relating to development plans);

section 41(3) which with Part II of Schedule 10 amends the Local Government Act 1985 (c. 51) (unitary development plans);

section 49(1) and (2) so far as they make certain amendments and repeals consequential on the other provisions brought into force by this Order.

Article 3 makes transitional provision for local plans.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order—

Provision	Date of commencement	S.I. No.
sections 1 to 4 sections 10 to 14 sections 16 and 17 sections 19 and 20 sections 22 and 23 sections 24 (partially) Part III (ss. 27—29) Part VI (partially)	7th January 1987	1986/2262
section 49 (insofar as it relates to paragraph 8 of Schedule II and certain repeals)	2nd March 1987	1987/304
section 40 section 49(2)	1st April 1987	1987/348
section 9	13th May 1987	1987/754
section 24(1) (in so far as it relates to paragraph 8 of Schedule 5)	1st September 1987	1987/1554
sections 26, 50 and 51	1st October 1987	1987/1607

(1)

1986 c. 63.

(2)

1971 c. 78.