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Statutory Instrument 1987 No. 348 (C.9)

The Housing and Planning Act 1986 (Commencement No. 4) Order 1987

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1987 No. 348 (C.9)

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Housing and Planning Act 1986 (Commencement No. 4) Order 1987

Made4th March 1987

    The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 57(2) of the Housing and Planning Act 1986[1] and of all other powers enabling them in that behalf, hereby make the following Order:
        1.    This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 4) Order 1987.
        2.    Subject to the transitional provisions in article 3 below, the following provisions of the Housing and Planning Act 1986 ("the 1986 Act") shall come into force on 1st April 1987 ("the commencement date")—
       (a) section 40 (listed buildings and conservation areas); and
       (b) section 49(2) (miscellaneous repeals), in so far as it relates to the repeals specified in the Schedule hereto.
        3.—(1)  Paragraph 2 of Schedule 9 to the 1986 Act (scope of exception for urgent works) shall not have effect in relation to any works carried out before the commencement date.

        (2)  Paragraph 6 of Schedule 9 to the 1986 Act (dangerous structure orders in respect of listed buildings) shall not have effect in relation to—
       (a) an application to the court under section 77(1) of the Building Act 1984[2] or a notice under section 79(1) of that Act, or
       (b) a notice under section 62(2) of the London Buildings Acts (Amendment) Act 1939[3], or a complaint under section 65 or section 69(1) of that Act,
    where that application, notice or complaint, as the case may be, was made or served before the commencement date.

        (3)  Paragraph 7 (works for preservation of buildings) shall not have effect in relation to works commenced before the commencement date.

        (4)  Paragraph 10 (consideration whether to call in application for listed building consent) shall not apply to any notice given by the Secretary of State under paragraphs 5(2), 6(4) or 6(6) of Schedule 11 to the Town and Country Planning Act 1971[4] before the commencement date.

Notes:

[1] 1986 c. 63.

[2] 1984 c. 55.

[3] 1939 c.xcvii.

[4] 1971 c. 78.

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