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Welsh Statutory Instruments

2004 No. 1814 (W.199) (C.74)

TOWN AND COUNTRY PLANNING, WALES

The Planning and Compulsory Purchase Act 2004 (Commencement No.1 and Transitional Provision) (Wales) Order 2004

Made

13 July 2004

The National Assembly for Wales (“the National Assembly”), in exercise of the powers conferred upon it by sections 121(5) and 122(3)(b) of the Planning and Compulsory Purchase Act 2004 (“the Act”)(1), hereby makes the following Order:

Citation

1.  This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No.1 and Transitional Provision) (Wales) Order 2004.

Appointed day for provisions relating to the Wales Spatial Plan

2.  14 July 2004 is the day appointed for the coming into force of section 60 of the Act.

Transitional Provision

3.  Any step taken by the National Assembly in relation to the preparation of the Wales Spatial Plan(2), including any consultation with any person in relation to the provisions of the Plan, is to be regarded as having been taken pursuant to the duties imposed on the National Assembly under section 60 of the Act, whether that step was taken before, on or after the day appointed by article 2.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

D. Elis-Thomas

The Presiding Officer of the National Assembly

13 July 2004

Explanatory Note

(This note does not form part of the Order)

Section 60 of the Planning and Compulsory Purchase Act 2004 (“the Act”) imposes on the National Assembly for Wales (“the National Assembly”) the duty to prepare a spatial plan (“the Wales Spatial Plan”), to consult the public on its provisions and to approve and publish it.

Article 2 of this Order brings section 60 of the Act into force on 14 July 2004.

Work on the preparation of the Wales Spatial Plan, including public consultation, having been begun under the National Assembly’s general powers prior to the coming into force of section 60 of the Act, article 3 of this Order provides that steps taken by the National Assembly in relation to that plan before that section came into force are nevertheless to be regarded as steps taken pursuant to the relevant duties under that section.

(2)

See section 58(1) of the Act.