An examination of any document or plan for the purposes of Part 2 or Part 6 of
this Act is a statutory inquiry within the meaning of the Tribunals and
Inquiries Act 1992 (c. 53).
107 Grants for advice and assistance
In the 1990 Act after section 304 (grants for research and education) there is
inserted the following section—
“304A Grants for advice and assistance
(1) The appropriate authority may make grants for the purpose of assisting
any person to provide advice and assistance to the public in connection
with any matter which is related to—
(a) the planning Acts;
(b) the Planning and Compulsory Purchase Act 2003;
(c) the enactments mentioned in subsection (2).
(2) The enactments are enactments which relate to planning contained in
the following Acts—
(a) the Planning and Compensation Act 1991;
(b) the Transport and Works Act 1992;
(c) the Environment Act 1995.
(3) The appropriate authority may make a grant subject to such terms and
conditions as it thinks appropriate.
(4) Person includes a body whether or not incorporated.
(5) The appropriate authority is—
(a) the Secretary of State in relation to England;
(b) the National Assembly for Wales in relation to Wales.”
108 Isles of Scilly
(1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and
modifications as the Secretary of State may by order direct.
(2) An order may in particular provide for—
(a) the Council of the Isles of Scilly to enter into arrangements in pursuance
of section 4;
(b) the exercise by the Council of the Isles of Scilly of any function
exercisable by a local planning authority under Part 2.
(3) But an order must not be made under this section unless the Secretary of State
has consulted the Council of the Isles of Scilly.
(1) Expressions used in this Act and in the principal Act have the same meaning
in this Act as in that Act.
(2) Expressions used in this Act and in the listed buildings Act have the same
meaning in this Act as in that Act.
(3) Expressions used in this Act and in the hazardous substances Act have the
same meaning in this Act as in that Act.
(4) The planning Acts are—
(a) the principal Act;
(b) the listed buildings Act;
(c) the hazardous substances Act;
(d) the Planning (Consequential Provisions) Act 1990 (c. 11).
(5) The principal Act is the Town and Country Planning Act 1990 (c. 8).
(6) The listed buildings Act is the Planning (Listed Buildings and Conservation
Areas) Act 1990 (c. 9).
(7) The hazardous substances Act is the Planning (Hazardous Substances) Act
1990 (c. 10).
(8) The Scottish planning Acts are—
(a) the Town and Country Planning (Scotland) Act 1997 (c. 8);
(b) the Planning (Listed Buildings and Conservation Areas) (Scotland) Act
1997 (c. 9);
(c) the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10); and
(d) the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11).
(1) Schedule 6 contains amendments of the planning Acts.
(2) Schedule 7 contains amendments of other enactments.
(3) A reference in Schedule 1 to the National Assembly for Wales (Transfer of
Functions) Order 1999 to an enactment amended by this Act must be taken to
be a reference to the enactment as so amended.
(4) But subsection (3) does not affect such an enactment to the extent that the
amendment makes express provision in connection with the exercise of a
function in relation to Wales.
(1) Schedule 8 contains transitional provisions relating to Parts 1 and 2.
(2) The Scottish Ministers may by order made by statutory instrument, subject to
annulment in pursuance of a resolution of the Scottish Parliament, make such
transitional provision for Scotland, corresponding to the provisions of
Schedule 4 and to section 30B of the hazardous substances Act (inserted by
section 74(3)) as they consider necessary or expedient.
Schedule 9 contains repeals.
(1) The preceding provisions of this Act (except section 107 and the provisions
specified in subsections (3) and (4)) come into force on such day as the
Secretary of State may by order appoint.
(2) But the Secretary of State must not make an order which relates to any of the
following provisions unless he first consults the National Assembly for
(a) Part 3;
(b) Part 4, except sections 44 and 50;
(c) Part 5;
(d) Part 8;
(e) in this Part sections 105, 106, 109, 110 and 112;
(f) Schedules 6, 7 and 9.
(3) Part 6 comes into force in accordance with provision made by the National
Assembly for Wales by order.
(4) In Schedule 7, paragraph 10(7) comes into force at the end of the period of two
months starting on the day this Act is passed.
114 Regulations and orders
(1) A power to prescribe is (unless express provision is made to the contrary) a
power to prescribe by regulations exercisable—
(a) by the Secretary of State in relation to England;
(b) by the National Assembly for Wales in relation to Wales.
(2) References in this section to subordinate legislation are to any order or
regulations under this Act.
(3) Subordinate legislation—
(a) may make different provision for different purposes;
(b) may include such supplementary, incidental, consequential, saving or
transitional provisions (including provision amending, repealing or
revoking enactments) as the person making the subordinate legislation
thinks necessary or expedient.
(4) A power to make subordinate legislation must be exercised by statutory
(5) A statutory instrument is subject to annulment in pursuance of a resolution of
either House of Parliament unless it contains—
(a) an order under section 108(1) or 111(2);
(b) an order under section 113 to which subsection (6) applies;
(c) subordinate legislation made by the National Assembly for Wales.
(6) This subsection applies to an order which does not contain provision
amending or repealing an enactment contained in an Act.
(1) There is to be paid out of money provided by Parliament—
(a) any expenses of the Secretary of State in making grants in connection
with the provision of advice and assistance in relation to the planning
(b) any increase attributable to this Act in the sums payable out of money
so provided under any other enactment.
(2) There is to be paid into the Consolidated Fund any increase attributable to this
Act in the sums so payable under any other enactment.
(1) Except as otherwise provided in this section, this Act extends to England and
(2) Sections 111(2) and 112, this section, section 117 and Schedules 7 and 9 extend
also to Scotland.
(3) Sections 85 to 91, 109(8) and Schedule 5 extend to Scotland only.
(4) The extent of any amendment, repeal or revocation made by this Act is the
same as that of the enactment amended, repealed or revoked.
117 Short Title
This Act may be cited as the Planning and Compulsory Purchase Act 2003.