In this Act, except in so far as the context otherwise requires—

• F1 “address”, in relation to electronic communications, means any number or address used for the purpose of such communications;

• “building preservation notice” has the meaning given in F31sections 3(1) and 3A(1);

• “the Commission” means the Historic Buildings and Monuments Commission for England;

• “conservation area” means an area for the time being designated under section 69;

• “conservation area consent” has the meaning given in section 74(1);

• F2 “electronic communication” has the same meaning as in the Electronic Communications Act 2000;

• F32“interim protection” has the meaning given in section 2B(3);

• “listed building” has the meaning given in section 1(5);

• “listed building consent” has the meaning given in section 8(7);

• “listed building enforcement notice” has the meaning given in section 38(1);

• “listed building purchase notice” has the meaning given in section 32(1);

• “local planning authority” shall be construed in accordance with section 81;

• “prescribed”, except in relation to matters expressly required or authorised by this Act to be prescribed in some other way, means prescribed by regulations under this Act;

• “the principal Act” means the M1Town and Country Planning Act 1990;

• “town scheme agreement” has the meaning given in section 79.

Subject to subsections (6) and (7) and except in so far as the context otherwise requires, the following expressions have the same meaning as in the principal Act—

• “the 1962 Act”

• “acquiring authority”

• “the Broads”

• “building”

• “compulsory acquisition”

• “development”

• “development order”

• F3. . .

• “disposal”

• “enactment”

• “functions”

• “government department”

• “joint planning board”

• “land”

• “lease”

• “local authority”

• “London borough”

• “minerals”

• “Minister”

• F4 . . .

• “owner”

• F30“permission in principle”

• “the planning Acts”

• “planning permission”

• “public gas supplier”

• “use”

• “Valuation Office”,

but this subsection does not affect the meaning of “owner” in section 11 F21, 26L or 26M.

The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.

In subsections (3) and (3A) “universal service provider” has the same meaning as in F9Part 3 of the Postal Services Act 2011; and the references to the provision of a universal postal service shall be construed in accordance with F10that Part.

References in the planning Acts to any of the provisions mentioned in section 82 include, except where the context otherwise requires, references to those provisions as modified under that section.

Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

In sections 33 to 36, 53(1) 54, 55 and 88(3) “local authority”, in relation to a building or land in the Broads, includes the Broads Authority.

For the purposes of subsection (1)(b) of section 57 and subsection (2) of that section as it applies for the purposes of that subsection the definition of “building” in the principal Act shall apply with the omission of the words “but does not include any plant or machinery comprised in a building”.

The Secretary of State shall, after consultation with the Council of the Isles of Scilly, by order provide for the application to those Isles of the provisions of this Act specified in subsection (2) as if those Isles were a separate county.

The Secretary of State, may, after consultation with the Council of the Isles of Scilly, by order provide for the application to those Isles of sections 2(4) and (5), 53 to 55, 59, 67(1) to (6), 69 to 72, 73(1), 74 to 76 and 88(3) and paragraph 4 of Schedule 4 as if those Isles were a separate county or district.

Any order under this section may provide for the application of provisions to the Isles subject to such modifications as may be specified in the order.

Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.

Any statutory instrument containing regulations made under this Act F25, other than regulations under section 2A , 26M or 56A, shall be subject to annulment in pursuance of a resolution of either House of Parliament F26(in the case of regulations made by the Secretary of State) or the National Assembly for Wales (in the case of regulations made by the Welsh Ministers).

A statutory instrument containing regulations under section 2A, 26M or 56A may not be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

The power to make orders under sections 8(5), F1926C,F2355(5B), 60, 75(7) F20, 88E and 92 shall be exercisable by statutory instrument.

Any statutory instrument which contains an order under section F2755(5B), 60 or 75(7) shall be subject to annulment in pursuance of a resolution of either House of Parliament F28(in the case of an order made by the Secretary of State) or the National Assembly for Wales (in the case of an order made by the Welsh Ministers).

Any order under section 60 or 75(7) may contain such supplementary and incidental provisions as may appear to the Secretary of State F29or (as the case may be) the Welsh Ministers appropriate.

Regulations and orders may make different provision for different purposes.

The powers to make regulations under sections 10(3)(b), 67(1) and 73(1) must be taken to be powers mentioned in section 100(2) of the Local Government Act 2003 (powers exercisable in relation to descriptions of certain local authorities which fall into particular categories for the purposes of section 99 of that Act).

Without prejudice to section 14 of the M3Interpretation Act 1978, any power conferred by this Act to make an order shall include power to vary or revoke any such order by a subsequent order.

This Act may be cited as the Planning (Listed Buildings and Conservation Areas) Act 1990.

Except as provided in Schedule 4 to the M4Planning (Consequential Provisions) Act 1990, this Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

This Act extends to England and Wales only.