Search Legislation

The Neighbourhood Planning Act 2017 (Commencement No. 4 and Transitional Provisions) Regulations 2018

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This is the original version (as it was originally made).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

2018 No. 252 (C. 25)

Acquisition Of Land, England And Wales

The Neighbourhood Planning Act 2017 (Commencement No. 4 and Transitional Provisions) Regulations 2018

Made

26th February 2018

The Secretary of State, in exercise of the powers conferred by section 46(1), (2) and (4) of the Neighbourhood Planning Act 2017(1), makes the following Regulations:

Citation

1.  These Regulations may be cited as the Neighbourhood Planning Act 2017 (Commencement No. 4 and Transitional Provisions) Regulations 2018.

Interpretation

2.  In these Regulations—

“the Act” means the Neighbourhood Planning Act 2017;

“special enactment” means—

(a)

a local or private Act which authorises the compulsory purchase of land specifically identified in that Act; or

(b)

a provision which—

(i)

is contained in an Act other than a local or private Act, and

(ii)

authorises the compulsory purchase of land specifically identified in that Act.

Provision coming into force on 6th April 2018

3.  The following provision of the Act comes into force on 6th April 2018—

(a)section 38(2) (Timing of advance payments of compensation).

Transitional provisions: Timing of advance payments of compensation

4.—(1) The amendments made by section 38 of the Act only apply in relation to a compulsory purchase of land which is authorised on or after 6th April 2018.

(2) For the purposes of this regulation, a compulsory purchase of land is authorised—

(a)by a compulsory purchase order, on the day on which the order is—

(i)confirmed by a Minister, the Welsh Ministers or another authority; or

(ii)made by a Minister or the Welsh Ministers;

(b)by an order under section 1 or 3 of the Transport and Works Act 1992(3), on the day on which the Secretary of State or the Welsh Ministers determine under section 13(1) of that Act to make the order;

(c)by a harbour revision order, a harbour empowerment order or a harbour closure order under the Harbours Act 1964(4), on the day on which the order is made by a Minister, the Welsh Ministers or a person who is designated in an order made under section 42A(5) of that Act;

(d)by any other order, on the day on which the order is made by a Minister or the Welsh Ministers; or

(e)by a special enactment, on the day on which the special enactment is enacted.

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

Dominic Raab

Minister of State

Ministry of Housing, Communities and Local Government

26th February 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force a compulsory purchase provision of the Neighbourhood Planning Act 2017 (c. 20) (“the Act”) on 6th April 2018.

Regulation 3(a) brings into force section 38 of the Act which amends section 52 and section 52ZC of the Land Compensation Act 1973 (c. 26) (the “1973 Act”) to ensure that, where an acquiring authority is required to make an advance payment to a claimant or a payment to a mortgagee, the payment does not have to be made before the acquiring authority has received any further information required under section 52(2A)(b) of the 1973 Act (to estimate the amount of compensation) or under section 52ZC(2)(b) of the 1973 Act (to establish the amount of the mortgage).

Regulation 4 makes transitional provision in relation to the coming into force of section 38 of the Act. The amendments made by section 38 of the Act only apply in relation to a compulsory purchase of land which is authorised on or after 6th April 2018.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

ProvisionDate of CommencementS.I. No.
Section 119th July 20172017/767
Section 2 (remainder)31st January 20182018/038
Section 319th July 20172017/767
Section 4 (remainder)31st January 20182018/038
Section 531st January 20182018/038
Section 631st July 20182018/038
Section 8(1) and section 8(3)16th January 20182018/038
Section 9 (remainder)16th January 20182018/038
Section 1016th January 20182018/038
Section 1119th July 20172017/767
Section 12 (remainder)19th July 20172017/767
Section 13(2)31st July 20182018/038
Section 14 (partially)19th July 20172017/767
Section 1619th July 20172017/767
Section 26(8)(b)22nd September 20172017/936
Sections 29 and 3019th July 20172017/767
Section 32 to 3622nd September 20172017/936
Section 3719th July 20172017/767
Section 4119th July 20172017/767
Schedu1e 1 (remainder)31st January 20182018/038
Schedule 2 (remainder)16th January 20182018/038
(2)

The Housing and Planning Act 2016 (Commencement No.7 and Transitional Provisions) Regulations 2018 (to be made on the same date as these Regulations) will bring into force section 195 of the Housing and Planning Act 2016 on 6th April 2018. That section makes amendments to the Land Compensation Act1973 that section 38 of the Act further amends.

(5)

Section 42A was inserted by section 315 of, and paragraphs 1 and 3(1) of Schedule 21 to, the Marine and Coastal Access Act 2009 (c. 23).

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 enacted version 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