Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Part 12 — Final provisions
139

“railway” has the meaning given by section 67(1) of the Transport and
Works Act 1992 (c. 42);
“renewable energy installation” has the same meaning as in Chapter 2 of
Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act);
“Renewable Energy Zone” has the meaning given by section 84(4) of the
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Energy Act 2004;
“special road” means a highway which is a special road in accordance
with section 16 of the Highways Act 1980 (c. 66) or by virtue of an order
granting development consent;
“standard”, in relation to a volume of gas, means the volume of gas at a
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pressure of 101.325 kiloPascals and a temperature of 273 Kelvin;
“trunk road” means a highway which is a trunk road by virtue of—
(a)
section 10(1) or 19 of the Highways Act 1980,
(b)
an order or direction under section 10 of that Act, or
(c)
an order granting development consent,
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or under any other enactment;
“underground gas storage facilities” must be read in accordance with
section 17(6);
“use” has the meaning given by section 336(1) of TCPA 1990.
(2)
A reference in this Act to a right over land includes a reference to a right to do,
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or to place and maintain, anything in, on or under land or in the air-space
above its surface.
(3)
Subsection (4) applies to the question of which parts of waters up to the
seaward limits of the territorial sea—
(a)
are adjacent to Wales (and, in consequence, are not adjacent to
25
England), or
(b)
are not adjacent to Wales (and, in consequence, are adjacent to
England).
(4)
The question is to be determined by reference to an order or Order in Council
made under or by virtue of section 158(3) or (4) of the Government of Wales
30
Act 2006 (c. 32) (apportionment of sea areas) if, or to the extent that, the order
or Order in Council is expressed to apply—
(a)
by virtue of this subsection, for the purposes of this Act, or
(b)
if no provision has been made by virtue of paragraph (a), for the
general or residual purposes of that Act.
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(5)
Subsection (6) applies to the question of which parts of waters up to the
seaward limits of the territorial sea—
(a)
are adjacent to Scotland (and, in consequence, are not adjacent to
England), or
(b)
are not adjacent to Scotland (and, in consequence, are adjacent to
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England).
(6)
The question is to be determined by reference to an Order in Council made
under section 126(2) of the Scotland Act 1998 (c. 46) if, or to the extent that, the
Order in Council is expressed to apply—
(a)
by virtue of this subsection, for the purposes of this Act, or
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(b)
if no provision has been made by virtue of paragraph (a), for the
general or residual purposes of that Act.

Planning Bill
Part 12 — Final provisions
140

235
Application of Act to Scotland: modifications
The modifications set out in Schedule 12 have effect in the application of this
Act to Scotland for the purpose mentioned in section 239(4).
236
Supplementary and consequential provision
(1)
The Secretary of State may by order made by statutory instrument make—
5
(a)
such supplementary, incidental or consequential provision, or
(b)
such transitory, transitional or saving provision,

as the Secretary of State thinks appropriate for the general purposes, or any
particular purpose, of this Act or in consequence of, or for giving full effect to,
any provision made by this Act.
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(2)
The power conferred by subsection (1) includes power to make different
provision for different purposes (including different areas).
(3)
An order under subsection (1) may amend, repeal, revoke or otherwise
modify—
(a)
an Act passed on or before the last day of the Session in which this Act
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is passed, or
(b)
an instrument made under an Act before the passing of this Act.
(4)
An order under this section which amends or repeals any provision of an Act
may not be made unless a draft of the instrument containing the order has been
laid before, and approved by resolution of, each House of Parliament.
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(5)
A statutory instrument containing an order under this section which does not
amend or repeal any provision of an Act is subject to annulment pursuant to a
resolution of either House of Parliament.
(6)
In this section any reference to an Act (other than this Act) includes a reference
to an Act of the Scottish Parliament.
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237
Repeals
Schedule 13 contains repeals (including repeals of spent provisions).
238
Financial provisions
There is to be paid out of money provided by Parliament—
(a)
any expenditure incurred under or by virtue of this Act by the Secretary
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of State, and
(b)
any increase attributable to this Act in the sums payable under or by
virtue of any other Act out of money so provided.
239
Extent
(1)
The following provisions of this Act extend to England and Wales only—
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(a)
in Part 2, section 13;
(b)
in Part 3, sections 15 to 20 and 22 to 30;
(c)
in Part 6, section 118;
(d)
in Part 7, sections 133 and 139 to 148;
(e)
in Part 9, sections 191 and 192;
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Planning Bill
Part 12 — Final provisions
141

(f)
in Part 10, sections 202 and 203;
(g)
Part 11.
(2)
Section 177 extends to Scotland only.
(3)
The following provisions of this Act extend to England and Wales and (subject
to subsection (4)) to Scotland—
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(a)
Parts 1 to 8 (except the sections listed in paragraphs (a) to (d) of
subsection (1));
(b)
this Part.
(4)
Those provisions extend to Scotland only so far as required for the purpose of
the construction (other than by a gas transporter) of an oil or gas cross-country
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pipe-line—
(a)
one end of which is in England or Wales, and
(b)
the other end of which is in Scotland.
(5)
Subsections (3) and (4) are subject to subsection (6).
(6)
So far as it amends or repeals an enactment, this Act has the same extent as the
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enactment amended or repealed.
(7)
An order under section 224(2) shall extend to each part of the United Kingdom.
240
Commencement
(1)
The following provisions of this Act come into force on the day on which this
Act is passed—
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(a)
the provisions of Parts 1 to 9 (except section 192(2) to (5) and paragraph
7 of Schedule 7) which—
(i)
confer power to make orders (other than orders granting, or
making changes to orders granting, development consent),
regulations or rules, or
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(ii)
make provision about what is (or is not) permitted to be done,
or what is required to be done, in the exercise of any such
power;
(b)
Part 11, except sections 205, 210(7), 223 and 224;
(c)
this Part, except section 237.
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(2)
Nothing in subsection (1)(a) affects the operation of section 13 of the
Interpretation Act 1978 (c. 30) in relation to this Act.
(3)
Except as provided by subsection (1)(a), the provisions listed in subsection (4)
come into force on such day as may be appointed by order made by—
(a)
the Welsh Ministers, in relation to Wales;
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(b)
the Secretary of State, in relation to England.
(4)
The provisions are—
(a)
sections 183, 185, 186, 189(1) and (3), 190, 191, 195 to 198;
(b)
paragraphs 1, 2(1) and (2), 3(1), (2) and (4) and 4 to 6 of Schedule 7;
(c)
Schedules 8 and 11;
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(d)
the repeals in—
(i)
TCPA 1990 (except those in Schedules 1 and 1A to that Act);
(ii)
the Environmental Protection Act 1990 (c. 43);
(iii)
the Planning and Compensation Act 1991 (c. 34);

Planning Bill
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(iv)
sections 42(3) and 53 of PCPA 2004.
(5)
Section 184 and the repeal in Schedule 1A to TCPA 1990 come into force on
such day as the Welsh Ministers may by order appoint.
(6)
Sections 192(2) to (5), 199, 201, 202 and 224 (together with related entries in
Schedule 13), and paragraph 7 of Schedule 7, come into force at the end of two
5
months beginning with the day on which this Act is passed.
(7)
Section 203 comes into force in accordance with subsection (5) of that section.
(8)
The other provisions of this Act come into force on such day as the Secretary of
State may by order appoint.
(9)
The powers conferred by this section are exercisable by statutory instrument.
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(10)
An order under this section may—
(a)
appoint different days for different purposes (including different
areas);
(b)
contain transitional, transitory or saving provision in connection with
the coming into force of this Act.
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241
Short title
This Act may be cited as the Planning Act 2008.