The Housing and Planning Act 2016 (Commencement No. 10 and Transitional Provision) Regulations 2019

Statutory Instruments

2019 No. 427 (C. 10)

Acquisition Of Land, Wales

The Housing and Planning Act 2016 (Commencement No. 10 and Transitional Provision) Regulations 2019

Made

4th March 2019

The Secretary of State, in exercise of the powers conferred by sections 212 and 216(3) of the Housing and Planning Act 2016(1), makes the following Regulations:

Citation

1.  These Regulations may be cited as the Housing and Planning Act 2016 (Commencement No. 10 and Transitional Provision) Regulations 2019.

Interpretation

2.  In these Regulations—

“the Act” means the Housing and Planning Act 2016;

“compulsory purchase order” has the same meaning as in section 7(1) of the Acquisition of Land Act 1981(2);

“confirming authority” has the same meaning as in section 7(1) of the Acquisition of Land Act 1981.

Provision coming into force on 6th April 2019

3.  In so far as it is not already commenced, section 181 (confirmation by inspector) of the Act comes into force on 6th April 2019 in relation to a compulsory purchase order for which the confirming authority is the Welsh Ministers.

Transitional provision: confirmation by inspector

4.  The amendments made by section 181 of the Act, commenced in accordance with these Regulations, only apply to a compulsory purchase order which is submitted to the Welsh Ministers, as confirming authority, for confirmation on or after 6th April 2019.

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

Kit Malthouse

Minister of State

Ministry of Housing, Communities and Local Government

4th March 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force section 181 of the Housing and Planning Act 2016 (c. 22) (“the Act”) insofar as it is not already in force. Section 181 of the Act inserts new section 14D into the Acquisition of Land Act 1981 (c. 67) (“the 1981 Act”). This enables the Welsh Ministers as confirming authority to appoint an inspector to act instead of them in relation to the confirmation of a compulsory purchase order to which section 13A of the 1981 Act applies.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

Provision	Date of Commencement	S.I. No.
Sections 9 to 11 Section 12 Sections 13 to 48 (so far as not already commenced)	31st October 2016 13th July 2016 6th April 2018	2016/733 2016/733 2018/393
Section 14(3) and (4) (partially)	3rd November 2017	2017/1052
Section 23(8)	3rd November 2017	2017/1052
Section 26 (partially)	3rd November 2017	2017/1052
Section 33	3rd November 2017	2017/1052
Sections 40 to 46 (partially)	6th April 2017	2017/281
Section 47(1) and (2)	6th April 2017	2017/281
Section 47(3)	10th March 2017	2017/281
Section 48 (partially)	6th April 2017	2017/281
Sections 49 to 52	6th April 2017	2017/281
Section 53	6th April 2017	2017/281
Sections 54 to 56	6th April 2017	2017/281
Sections 64 and 65	26th May 2016	2016/609
Section 66	13th July 2016	2016/733
Sections 67 and 68	26th May 2016	2016/609
Sections 80 to 91	1st October 2016	2016/956
Section 92	6th April 2017	2017/75
Sections 93 and 94 Sections 95 to 101 Section 102(1)	3rd February 2017 5th July 2018 5th July 2018	2017/75 2018/805 2018/805
Section 102(2) to (6) Sections 103 to 117	3rd February 2017 5th July 2018	2017/75 2018/805
Section 126 (partially)	10th March 2017	2017/281
Section 126	6th April 2017	2017/281
Sections 128 and 129	6th April 2017	2017/281
Section 131	6th April 2017	2017/281
Section 132	1st October 2016	2016/733
Section 133 to 135	19th March 2018	2018/251
Sections 141 and 142	1st October 2016	2016/733
Sections 143 and 144	13th July 2016	2016/733
Sections 145(1) to 145(4)	1st October 2016	2016/733
Section 145(5)	26th May 2016	2016/609
Sections 146 to 148	1st October 2016	2016/733
Sections 150(4) and 150(5)	13th July 2016	2016/733
Sections 152(2) to 152(4)	13th July 2016	2016/733
Section 154	13th July 2016	2016/733
Section 156	1st October 2016	2016/733
Section 160	6th April 2017	2017/281
Sections 169 and 170	13th July 2016	2016/733
Section 171	1st October 2016	2016/733
Sections 172 to 179 Section 180 Section 181 (partially)	13th July 2016 6th April 2018 6th April 2018	2016/733 2018/251 2018/251
Section 182	13th July 2016	2016/733
Section 183 (partially)	1st October 2016	2016/956
Section 183 (partially)	3rd February 2017	2017/75
Section 183 (for all remaining purposes)	6th April 2017	2017/281
Sections 184 to 189	3rd February 2017	2017/75
Section 190	13th July 2016	2016/733
Section 191 Sections 192 to 195 Section 196(1) to 196(2)(a)	3rd February 2017 6th April 2018 6th April 2018	2017/75 2018/251 2018/251
Section 196(3) (partially) Sections 197 and 198	6th April 2017 6th April 2018	2017/281 2018/251
Section 199(1)	3rd February 2017	2017/75
Section 199(2) (partially)	3rd February 2017	2017/75
Section 200	3rd February 2017	2017/75
Sections 201 to 206 Schedules 1 to 3 (so far as not already commenced) Schedules 3 – paragraphs 5(3) and 9	13th July 2016 6th April 2018 3rd November 2017	2016/733 2018/393 2017/1052
Schedule 4 Schedules 5 and 6	6th April 2016 5th July 2018	2017/75 2018/805
Schedule 9 – paragraph 7	10th March 2017	2017/281
Schedule 9 (for all remaining purposes)	6th April 2017	2017/281
Schedule 11	1st October 2016	2016/733
Schedule 12 (excluding paragraph 27)	13th July 2016	2016/733
Schedule 14	13th July 2016	2016/733
Schedule 15 – paragraphs 1, 2(1), 2(2), 3(1), 3(2) (partially)	1st October 2016	2016/956
Schedule 15 – paragraphs 1 to 7 (partially)	3rd February 2017	2017/75
Schedule 15 – paragraphs 1 to 7 (for all remaining purposes)	6th April 2017	2017/281
Schedule 15 – paragraph 8	1st October 2016	2016/956
Schedule 16	13th July 2016	2016/733
Schedule 17	3rd February 2017	2017/75
Schedule 18– paragraphs 1 to 9	3rd February 2017	2017/75
Schedule 19	13th July 2016	2016/733

(1)

2016 c. 22.

(2)

1981 c. 67. There are amendments to section 7 which are not relevant to this instrument.