The Housing and Planning Act 2016 (Commencement No.2, Transitional Provisions and Savings) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force various provisions of the Housing and Planning Act 2016 (c.22) (“the Act”) on the dates specified.

Regulation 3 brings the provisions of the Act which are listed into force on 13th July 2016. Paragraph 27 of Schedule 12 is not commenced as it amends a provision that has since been repealed.

Regulation 4 brings the provisions of the Act which are listed into force on 1st October 2016.

Regulation 5 brings the provisions of the Act which are listed into force on 31st October 2016.

Regulations 6 to 10 make saving and transitional provision in relation to compulsory purchase.

Regulation 6 makes transitional provision in relation to the coming into force of section 179 of, and Schedule 14, to the Act, so that the amendments made by that Schedule do not apply in relation to a case where a person is authorised to enter land under any of the relevant provisions and gives notice of the intended entry to the owner or occupier of the land before 13th July 2016.

Regulation 7 makes transitional provision in relation to the coming into force of section 182 of the Act. It ensures that new section 4 of the Compulsory Purchase Act 1965 (c.56) (time limit for giving notice to treat) and new section 5A of the Compulsory Purchase (Vesting Declarations) Act 1981 (c.66) (time limit for general vesting declaration) do not apply in relation to a compulsory purchase order which becomes operative before 13th July 2016.

Regulation 8 makes transitional provision in relation to the coming into force of section 201 of the Act. It ensures that the amendment made by section 201 of the Act to section 24 of the Acquisition of Land Act 1981 (c.67) (“ALA 1981”) does not apply in relation to an application under section 23 of the ALA 1981 which is made before 13th July 2016.

Regulation 9 makes transitional provision in relation to the coming into force of section 202 of the Act. It ensures that the amendments made by section 202 of the Act to the Compulsory Purchase Act 1965 and the Compulsory Purchase (Vesting Declaration) Act 1981 do not apply in relation to an application under section 23 of the ALA 1981 which is made in respect of a compulsory purchase order which becomes operative before 13th July 2016.

Regulation 10 makes saving provision, so that, despite the Regulations commencing paragraphs 12 and 16 of Schedule 19 to the Act on 13th July 2016, Part 1 of Schedule 3 to the Housing and Regeneration Act 2008 (c.17) and section 333ZB of the Greater London Authority Act 1999 (c.29) continue to apply, as they did before that date, in relation to a company or body through which the Greater London Authority exercises functions in relation to housing or regeneration and to land which has been vested in or acquired by such a company or body for the purposes of housing or regeneration (whether before or after these Regulations come into force).

Regulations 11 and 12 make minor amendments to section 2A of the Self-build and Custom Housebuilding Act 2015 (c.17) and to section 10 of the Act to specify the coming into force date of section 10 of the Act, and to sections 203 and 205 of the Act to replace references to “the day on which this section comes into force” with the actual coming into force date of these sections.