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Levelling-up And Regeneration Act 2023

Contents

Territorial extent and application

  1. Section 254 (Extent) in Part 13 (General) sets out the territorial extent of the Act, that is the jurisdictions in which the Act forms part of the law. The extent of an Act can be different from its application. Application is about where an Act produces a practical effect.
  2. The Act extends to England and Wales only, except for:
    1. Part 1 (Levelling Up Missions) which extends UK-wide.
    2. Part 3 (Planning) Chapter 1 (Planning Data) which extends UK-wide.
    3. Part 3 (Planning) Chapters 2-6; an amendment or repeal in these chapters has the same extent as the provision amended or repealed.
    4. Part 3 (Planning) Chapter 4 (Grant and implementation of planning permission) section 108 (Street votes: modifications of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017) which extends UK-wide.
    5. Part 3 (Planning) Chapter 6 (Other Provision) section 132 (Pre-consolidation amendment of planning, development and compulsory purchase legislation) which extends UK-wide.
    6. Part 3 (Planning) Chapter 6 section 133 (Participation in certain proceedings conducted by, or on behalf of, the Secretary of State) extends to England and Wales and Scotland.
    7. Part 6 (Environmental Outcomes Reports) which extends UK-wide.
    8. Part 8 (Development corporations): amendments or repeal in this Part have the same extent as the provision amended or repealed.
    9. Part 11 (Information about interests and dealings in land) which extends UK wide.
    10. Part 12 (Miscellaneous) section 231 (Review of governance etc of RICS) which extends UK-wide.
    11. Part 12 section 232 (Marine Licensing) which extends UK-wide.
    12. Part 12 section 239 (Amendments of Schedule 7B to the Government of Wales Act 2006) which extends UK-wide.
    13. Part 12 section 242 (Report on enforcement of the Vagrancy Act 1824) which extends UK-wide.
    14. Part 12 section 244 (road user charging schemes in London) which extends to England and Wales and Scotland.
    15. Part 13 (General) which extends UK-wide.
    16. Schedules 13, 14 and 24 extend UK wide.
  3. The Act applies to England only, except for:
    1. Part 1 (Levelling Up Missions) which applies UK-wide.
    2. Part 3 (Planning) Chapter 1 (Planning Data) which applies UK-wide (except sections 87-88).
    3. Part 3 (Planning) Chapter 4 (Grant and implementation of planning permission), section 107(2)(b) (street votes: community infrastructure levy) which applies to England and Wales.
    4. Part 3 (Planning) Chapter 6 (Other Provision).
    5. Sections 126, 127 and 128 (Nationally Significant Infrastructure Projects- NSIP related sections) which apply to England and Wales, and Scotland (the NSIP regime only applies to Scotland in the case of the construction of an oil or gas pipe-line, one end of which is in England or Wales and the other end of which is in Scotland).
    6. Section 130 (Regulations and order under the Planning Acts) which applies to England and Wales.
    7. Section 132 (Pre-consolidation amendment of planning, development and compulsory purchase legislation) which applies UK-wide.
    8. Section 133 (Participation in certain proceedings) applies to England and Wales and Scotland.
    9. Part 6 (Environmental Outcomes Reports) which applies UK-wide.
    10. Part 9 (Compulsory Purchase) which applies to England and Wales (except section 180).
    11. Part 11 (Information About Interests and Dealings in land) which applies UK Wide.
    12. Part 12 (Miscellaneous) section 231 (Review of governance etc of RICS) which applies UK-wide.
    13. Part 12 section 232 (Marine Licensing) which applies where the Secretary of State is the appropriate licensing authority in the inshore and offshore regions in England, and the offshore region only in Northern Ireland (and in the UK marine licensing area for certain reserved or excepted matters), and where the Scottish Ministers are the appropriate marine licensing authority in the Scottish offshore region.
    14. Part 12 section 239 (Amendments of Schedule 7B to the Government of Wales Act 2006) applies to England and Wales.
    15. Part 12 section 242 (Report on enforcement of the Vagrancy Act 1894) which applies to England and Wales and Northern Ireland.
    16. Part 13 (General) which applies UK-wide.
    17. Schedules 13, 14 and 24 apply UK-wide.
    18. Schedules 18 and 19 (compulsory purchase) apply to England and Wales.
  4. See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom.

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