|
| |
| |
| |
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 with any |
| 10 |
matter which is related to— |
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| |
|
| |
| |
(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— |
| |
| |
(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 |
| |
| 10 |
(7) | The hazardous substances Act is the Planning (Hazardous Substances) Act |
| |
| |
(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 |
| |
(c) | the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10); and |
| |
(d) | the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11). |
| |
| |
| 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. |
| |
| |
(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 |
| |
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 |
| 5 |
following provisions unless he first consults the National Assembly for |
| |
| |
| |
(b) | Part 4, except sections 44 and 50; |
| |
| 10 |
| |
| |
(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 |
| |
| |
(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. |
| |
| 40 |
(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 Acts; |
| |
(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 |
| 5 |
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 |
| 10 |
| |
(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 |
This Act may be cited as the Planning and Compulsory Purchase Act 2003. |
| |
| |
| |
|
