Search Legislation

The Localism Act 2011 (Commencement No. 7 and Transitional, Saving and Transitory Provisions) Order 2012

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2012 No. 2029 (C. 80)

Town And Country Planning, England

Housing, England

The Localism Act 2011 (Commencement No. 7 and Transitional, Saving and Transitory Provisions) Order 2012

Made

2nd August 2012

The Secretary of State for Communities and Local Government, in exercise of the powers conferred by section 240(2) and (7) of the Localism Act 2011(1), makes the following Order.

Citation and interpretation

1.  This Order may be cited as the Localism Act 2011 (Commencement No. 7 and Transitional, Saving and Transitory Provisions) Order 2012.

2.  In this Order—

“the 1990 Act” means the Town and Country Planning Act 1990(2);

“the 2004 Act” means the Planning and Compulsory Purchase Act 2004(3);

“the Act” means the Localism Act 2011;

“business referendum” means an additional referendum(4) which, by virtue of paragraph 15(1) of Schedule 4B to the 1990 Act, must be held on the making of a neighbourhood development order or neighbourhood development plan;

“the commencement date” means the day after the day on which this Order is made; and

“corresponding residential referendum” means a referendum which, by virtue of paragraph 14 of Schedule 4B to the 1990 Act, must be held on the making of the same neighbourhood development order or neighbourhood development plan as the business referendum.

Provisions coming into force on the commencement date in relation to England and Wales

3.  Subject to article 5, the following provisions of the Act (so far as they are not yet in force) come into force in relation to England and Wales on the commencement date—

(a)sections 116 and 121 and Schedules 9 to 12, but not for the purpose of holding a business referendum and its corresponding residential referendum under paragraphs 14 and 15 of Schedule 4B to the 1990 Act in a neighbourhood area which has been designated as a business area under section 61H of the 1990 Act(5); and

(b)Part 23 of Schedule 25 and section 237, so far as relating to that Part.

Revocation

4.  Article 12 of the Localism Act 2011 (Commencement Order No. 4 and Transitional, Transitory and Saving Provisions) Order 2012(6) is revoked with effect from the commencement date.

Neighbourhood planning: referendums in business areas

5.  Where a neighbourhood area has been designated as a business area under section 61H of the 1990 Act the duty to hold a business referendum and its corresponding residential referendum as to the making of a neighbourhood development order or a neighbourhood development plan imposed by paragraph 12(4) of Schedule 4B to the 1990 Act(7) does not apply until regulations in relation to the conduct of business referendums are made under paragraph 16 of Schedule 4B to the 1990 Act.

Signed by authority of the Secretary of State for Communities and Local Government

Grant Shapps

Minister of State

Department for Communities and Local Government

2nd August 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force various provisions of the Localism Act 2011 (c. 20) in relation to England and Wales.

Article 3 brings into force—

sections 116 and 121 and Schedules 10, 11 and 12 (neighbourhood planning) (partially),

Part 23 of the Schedule 25 (housing tenure).

Article 4 makes a consequential revocation of a previous transitional provision relating to neighbourhood planning in a previous commencement order.

Article 5 makes transitional, saving and transitory provisions in relation to neighbourhood planning. It provides that in an area designated as a business area the duty to hold a referendum or an additional referendum does not apply until regulations are made in relation to the holding of business referendums in such areas.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Section 1 partially and Schedule 1 as to England

18th February 2012

4th April 2012

2012/411

2012/1008

Sections 2 to 7 as to England18th February 20122012/411
Section 8 as to England and Wales

3rd December 2011

18th February 2012

2011/2896

2012/411

Sections 9 and 10 partially as to England and Wales18th February 20122012/411
Sections 11 to 14 as to England and Wales18th February 20122012/411
Sections 15 to 19 as to England and Wales

3rd December 2011

15th January 2012

2011/2896

2012/57

Section 20 partially as to England and Wales

3rd December 2011

15th January 2012

2011/2896

2012/57

Section 21 and Schedule 2 as to England and Wales

3rd December 2011

15th January 2012

9th March 2012

4th May 2012

2011/2896

2012/57

2012/628

2012/1008

Section 22 and Schedule 3 as to England and Wales

15th January 2012

9th March 2012

4th May 2012

2012/57

2012/628

2012/1008

Section 24 as to England and Wales15th January 20122012/57
Section 26 and Schedule 4 partially as to England and Wales

31st January 2012

1st April 2012

7th June 2012

1st July 2012

2012/57

2012/628

2012/1463

2012/1463

Sections 27 to 29 partially as to England and Wales

7th June 2012

1st July 2012

2012/1463

2012/1463

Section 30 partially as to England and Wales31st January 20122012/57
Section 30 as to England and Wales so far as not yet in force1st July 20122012/1463
Sections 31 and 33 partially as to England and Wales

7th June 2012

1st July 2012

2012/1463

2012/1463

Section 35 partially as to England and Wales7th June 20122012/1463
Section 36 partially as to England and Wales15th January 20122012/57
Section 46 as to England1st April 20122012/628
Sections 48 to 57 as to England, Wales, Scotland and Northern Ireland31st May 20122012/1008
Section 68 and 69 as to England

3rd December 2011

15th January 2012

1st April 2012

2011/2896

2012/57

2012/628

Section 70 as to England and Wales15th January 20122012/57
Sections 72 to 79 and Schedules 5 to 7 as to England and Wales3rd December 20112011/2896
Sections 81 to 85 partially as to England and Wales27th June 20122012/1463
Section 115 as to England and Wales15th January 20122012/57
Sections 116 and 121 and Schedules 9 to 12 partially as to England and Wales

15th January 2012

6th April 2012

2012/57

2012/628

Sections 123 to 127 as to England and Wales

15th January 2012

6th April 2012

2012/57

2012/628

Sections 128 to 142 and Schedule 13 as to England, Wales and Scotland

15th January 2012

1st April 2012

2012/57

2012/628

Section 145 to 147 partially as to England and Wales

15th January 2012

7th June 2012

2012/57

2012/1463

Sections 150 to 153 as to England and Wales

15th January 2012

18th June 2012

15th January 2013

2012/57

2012/1463

2012/1008

Sections 154 and 155 as to England and Wales

15th January 2012

1st April 2012

2012/57

2012/628

Sections 156 to 161 and Schedule 14 as to England and Wales

15th January 2012

1st April 2012

4th April 2012

2012/57

2012/628

2012/1008

Section 162 partially as to England and Wales1st April 20122012/628
Sections 163 and 1641st April 20122012/628
Section 165 partially as to England and Wales15th January 20122012/57
Section 165 as to England and Wales so far as not yet in force1st April 20122012/628
Section 166 as to England and Wales1st April 20122012/628
Section 176 as to England and Wales15th January 20122012/57
Sections 178 and 179 and Schedules 16 and 17 as to England and Wales

15th January 2012

1st April 2012

2012/57

2012/628

Section 184 as to England and Wales6th April 20122012/628
Section 185 as to England and Wales1st April 20122012/628
Sections 186 to 195 as to England and Wales

15th January 2012

31st March 2012

1st April 2012

3rd May 2012

2012/57

2012/628

2012/628

2012/1008

Section 197 partially as to England and Wales15th January 20122012/57
Sections 223 to 231 and Schedule 23 as to England and Wales

15th January 2012

3rd May 2012

2012/57

2012/1008

Section 232 as to England and Wales6th April 20122012/628
Section 233 and Schedule 24 as to England and Wales30th March 20122012/628
Section 237 partially and Parts 1, 2 (partially), 3 to 5, 7, 9 to 13, 18 to 21, 26, 27, and 30 to 34 of Schedule 25 as to England and Wales

15th January 2012

31 January 2012

18th February 2012

9th March 2012

31st March 2012

1st April 2012

4th April 2012

6th April 2012

3rd May 2012

7th June 2012

2012/57

2012/57

2012/411

2012/628

2012/628

2012/628

2012/1008

2012/628

2012/1008

2012/1463

(4)

Additional referendums are referred to in paragraph 12(4) of Schedule 4B to the 1990 Act.

(5)

Section 61H and Schedule 4B were inserted into the 1990 Act by paragraph 2 of Schedule 9 to, and Schedule 10 to, the Localism Act 2011.

(7)

Section 61H and Schedule 4B were inserted into the 1990 Act by paragraph 2 of Schedule 9 to, and Schedule 10 to, the Localism Act 2011. Those provisions are applied to neighbourhood development plans by virtue of section 38 A of the Planning and Compulsory Purchase Act 2004 (c. 5).

Back to top

Options/Help

Print Options

Close

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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 enactedversion 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
Close

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 made 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