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Statutory Instrument 1991 No. 2067 (C.61)
The Planning and Compensation Act 1991 (Commencement No.1 and Transitional Provisions) Order 1991
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1991 No. 2067 (C.61)
ACQUISITION OF LAND HIGHWAYS, ENGLAND AND WALES TOWN AND COUNTRY PLANNING, ENGLAND AND WALES
The Planning and Compensation Act 1991 (Commencement No.1 and Transitional Provisions) Order 1991
The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland, in exercise of the powers conferred on them by section 84(2) and (3) of the Planning and Compensation Act 1991[1] and all other powers enabling them in that behalf, hereby make the following Order— Citation
1. This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 1 and Transitional Provisions) Order 1991. Interpretation
2. In this Order—"commencement date" means 25th September 1991, and
"the 1991 Act" means the Planning and Compensation Act 1991.
Commencement
3. Subject to article 4, the following provisions of the 1991 Act shall come into force on 25th September 1991—
section 25, in so far as it relates to paragraph 1 of Part I of Schedule 3;
section 31(1), (4) (so far as that subsection is not yet in force), (5) and (6);
section 32, in so far as it relates to paragraphs 8, 9(2)(c), 10(1), 36, 51, 54(1), (3)(a), 56 and 57(1), (2)(b), (3)(b) and (4) of Schedule 7;
section 70, except in so far as it reltes to paragraph 32 of Schedule 15;
section 80 as it applies in relation to England and Wales, except in so far as it relates to the entries relating to the Planning (Hazardous Substances) Act 1990[2] in Part I of Schedule 18;
section 84(6), in so far as it relates to Part II of Schedule 19 (so far as it is not yet in force), Parts III and V of that Schedule and the repeals in Parts I and Iv of that Schedule specified in Schedule 1 to this Order.
Cases where commencement limited
4.—(1) The provison of the 1991 Act mentioned in Part I of Schedule 2 to this Order shall not have effect in a case where any of the following events occurs before the commencement date in relation to the matter specified— (a) in relation to a compulsory purchase order not made by a Minister, the compulsory purchase order is made; (b) in relation to a compulsory purchase order made by a Minister, paragraphs 2 and 3 of Schedule 1 to the Acquisition of Land Act 1981[3] are complied with; (c) in relation to a purchase notice within the meaning of Chapter I of Part VI of the Town and Country Planning Act 1990[4], the event mentioned in section 137(1) of that Act occurs; and (d) in relation to a blight notice within the meaning of Chapter II of that Part, the land becomes blighted land, within the meaning of that Chapter.
(2) A provision of the 1991 Act mentioned in the first column of an entry in Part II of Schedule 2 to this Order shall not have effect in a case where the date shown against that provision in the second column of the entry is, in relation to that case, before the commencement date.
(3) In Part II of that Schedule, except where a contrary intention appears,— (a) an expression used in an entry in the second column which is also used in the provision of an Act mentioned in the corresponding entry in the first column has the same meaning as in that provision; and (b) a reference in an entry in the second column to a provision or Part of an Act is a reference to a provision or Part of the Act (other than the 1991 Act) mentioned in the corresponding entry in the first column.
Signed by authority of the Secretary of State for the Environment
G. S. K. Young
Minister of State, Department of the Environment
9th September 1991
David Hunt
Secretary of State for Wales
5th September 1991
Ian Lang
Secretary of State for Scotland
6th September 1991
Notes:[1] 1991 c. 34.
[2] 1990 c. 10.
[3] 1981 c. 67.
[4] 1990 c. 8.
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