The Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order brings into force on 7th June 2006, in relation to England and Wales, the following provisions of the Planning and Compulsory Purchase Act 2004 (“the Act”)—

• sections 79 to 89 (Crown application of planning Acts)(in so far as they are not yet in force);

• section 112 (application of planning Acts and the Act to Parliament);

• Schedule 3 (Crown application of planning Acts)(in so far as it is not yet in force);

• Schedule 4 (transitional provisions: Crown Application);

• Paragraph 2 of Schedule 6 (amendment of section 55(2)(b) of the Town and Country Planning Act 1990 (“the 1990 Act”)); and

• Schedule 9 (repeals) so far as it gives effect to the following repeals—

  (i)

  the word “local” in section 55(2)(b) of the 1990 Act;

  (ii)

  sections 293(4), 294 to 297, 298(1) and (2) and 299 to 301 of the 1990 Act;

  (iii)

  sections 83 and 84 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the consequential repeal in section 92(2)(a) of the Planning (Listed Buildings and Conservation Areas) Act 1990; and

  (iv)

  sections 31(1) and (2) and 32 of the Planning (Hazardous Substances) Act 1990.

Article 3 brings into force on 7th June 2006, in relation to England, Scotland and Wales, section 111(1) of the Act (application of the Act to the Crown).

Article 4 brings into force on 7th June 2006, in relation to Scotland, section 91 of the Act (special provision for certain circumstances where disclosure of information as to national security may occur: Scotland)(in so far as it is not yet in force).

Articles 5 to 10 contain consequential provisions so that references to decisions made or permission granted under Part III of the 1990 Act also include decisions made and planning permission granted under section 293A of that Act. Section 293A of the 1990 Act (urgent Crown development: application) was inserted by section 82 of the Act.