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106 Examinations | |
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 | 5 |
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 | 10 |
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 | 15 |
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 | 20 |
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.” | 25 |
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 | 30 |
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. | 35 |
109 Interpretation | |
(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. | 40 |
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(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; | 5 |
(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). | 10 |
(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 | 15 |
1997 (c. 9); | |
(c) the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10); and | |
(d) the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11). | |
General | |
110 Amendments | 20 |
(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. | 25 |
(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. | |
111 Transitionals | |
(1) Schedule 8 contains transitional provisions relating to Parts 1 and 2. | 30 |
(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. | 35 |
112 Repeals | |
Schedule 9 contains repeals. | |
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113 Commencement | |
(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 | 5 |
following provisions unless he first consults the National Assembly for | |
Wales— | |
(a) Part 3; | |
(b) Part 4, except sections 44 and 50; | |
(c) Part 5; | 10 |
(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. | 15 |
(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— | 20 |
(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— | 25 |
(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. | 30 |
(4) A power to make subordinate legislation must be exercised by statutory | |
instrument. | |
(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); | 35 |
(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. | |
115 Finance |
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(1) There is to be paid out of money provided by Parliament— | |
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(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 | |
Acts; | |
(b) any increase attributable to this Act in the sums payable out of money | |
so provided under any other enactment. | 5 |
(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. | |
116 Extent | |
(1) Except as otherwise provided in this section, this Act extends to England and | |
Wales only. | 10 |
(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. | 15 |
117 Short Title | |
This Act may be cited as the Planning and Compulsory Purchase Act 2003. | |
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