Sixty-second Report of Session 2017-19 Contents

Appendix 3

S.I. 2019/907

Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019

1.The Committee has requested a memorandum on the following points:

Given that regulation 17 omits the whole of Class 16 and the definitions of “electronic communications code operator” and “telephone kiosk” from Schedule 3 to the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, explain how residual references to that class and those terms are to be understood (see in particular the description of class 12 in Part 1 of Schedule 3; and the definition of “statutory undertaker” in Part 2 of Schedule 3).

2.In relation to the residual reference to “telephone kiosk” in class 12 in Part 1 of Schedule 3 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (“the 2007 Regulations”) the Department considers that the omission of the definition of “telephone kiosk” in Part 2 of Schedule 3 is an error and will re-instate the definition at the earliest opportunity. In the meantime, the term will take a common English meaning.

3.In relation to the residual references to Class 16 and telephone kiosks in regulation 31 of the 2007 Regulations, the Department considers that regulation 31 of the 2007 Regulations no longer has effect. This is because the transitional provisions referred to in column 2 in relation to advertisements on telephone kiosks expired on 6th April 2009.

4.We have checked for any other references to Class 16 within the Regulations and connected legislation and we are satisfied there are none.

5.The Department did not identify a definition of “statutory undertaker” in Part 2 of Schedule 3 of the 2007 Regulations. In the interpretation provisions in regulation 2 of the 2007 Regulations there is a definition of “statutory undertaker” which makes reference to “any electronic communications code operator”. “Electronic communications code operator” is defined in regulation 2 in the same terms as it was defined in Part 2 of Schedule 3. The definition in regulation 2 will continue to apply.

6.We have checked for other residual references to “electronic communications code operator” in Schedule 3 to the 2007 Regulations and are satisfied that there are none. When we reinstate the definition of “telephone kiosk” in Part 2 of Schedule 3 we do not consider that it will be necessary to reinstate the definition of “electronic communications code operator” in Part 2 of Schedule 3 because the definition in regulation 2 will apply.

Ministry of Housing, Communities and Local Government

29 May 2019





Published: 14 June 2019