Planning (Consequential Provisions) Act 1990

JurisdictionUK Non-devolved
Citation1990 c. 11


Planning (Consequential Provisions) Act 1990

1990 CHAPTER 11

An Act to make provision for repeals, consequential amendments, transitional and transitory matters and savings in connection with the consolidation of enactments in the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Hazardous Substances) Act 1990 (including provisions to give effect to recommendations of the Law Commission).

[24th May 1990]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Meaning of ‘the consolidating Acts’,‘the repealed enactments’, etc.

1 Meaning of ‘the consolidating Acts’,‘the repealed enactments’, etc.

(1) In this Act—

‘the consolidating Acts’ means the principal Act, the Planning (Listed Buildings and Conservation Areas) Act 1990 , the Planning (Hazardous Substances) Act 1990 and, so far as it reproduces the effect of the repealed enactments, this Act,

‘the principal Act’ means the Town and Country Planning Act 1990 , and

‘the repealed enactments’ means the enactments repealed by this Act.

(2) Expressions used in this Act and in any of the other consolidating Acts have the same meaning as in those Acts.

S-2 Continuity, and construction of references toold and new law.

2 Continuity, and construction of references toold and new law.

(1) The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.

(2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for the purposes of that corresponding provision.

(3) Any reference, whether express or implied, in the consolidating Acts or any other enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.

(4) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the consolidating Acts.

S-3 Repeals.

3 Repeals.

(1) The enactments specified in Schedule 1 are repealed to the extent specified in the third column of that Schedule.

(2) Those repeals include the repeal, in accordance with Recommendations of the Law Commission, of section 105(4) and (5) of the 1968 Act and section 21(7A) and (8) of the 1971 Act as no longer of practical utility.

(3) The repeals have effect subject to any relevant savings in Schedule 3.

S-4 Consequential amendments.

4 Consequential amendments.

4. Schedule 2 (which makes consequential amendments) shall have effect, subject to any relevant transitional provisions in Schedule 3.

S-5 Transitional provisions and savings.

5 Transitional provisions and savings.

(1) Schedule 3 (which makes transitional provision and contains savings in connection with the repeals made by this Act) shall have effect.

(2) Nothing in that Schedule affects the general operation of section 16 of the Interpretation Act 1978 (general savings implied on repeal) or of the previous provisions of this Act.

S-6 Transitory modifications.

6 Transitory modifications.

6. Schedule 4 (which makes transitory modifications of the consolidating Acts) shall have effect.

S-7 Short title, commencement and extent.

7 Short title, commencement and extent.

(1) This Act may be cited as the Planning (Consequential Provisions) Act 1990.

(2) This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(3) This Act does not extend to Scotland or Northern Ireland except (subject to subsection (4)) so far as it affects other enactments so extending.

(4) The repeals in Part II of Schedule 1 extend to England and Wales only and those in Part III of that Schedule to Scotland only.

S C H E D U L E S

SCHEDULE 1

Repeals

I General

Part I

General

Chapter Short title Extent of repeal

10 & 11 Geo. 6 c. 51.

The Town and Country Planning Act 1947.

The whole Act.

10 & 11 Eliz. 2 c. 36.

The Local Authorities (Historic Buildings) Act 1962.

The whole Act.

10 & 11 Eliz. 2 c. 38.

The Town and Country Planning Act 1962.

The whole Act.
1963 c. 33.

The London Government Act 1963.

In section 85, in subsection (3) the words from ‘or by’ to ‘1971’ and from ‘(or as’ to ‘paragraph 6)’ and in subsection (4) the words from ‘or of’ to ‘1971’.

1967 c. 69.

The Civic Amenities Act 1967.

In section 5, paragraph (a) and in section 30(1), the definition of ‘the Planning Act’.

1968 c. 72.

The Town and Country Planning Act 1968.

The whole Act.
1969 c. 22.

The Redundant Churches and Other Religious Buildings Act 1969.

Section 2.
1969 c. 48.

The Post Office Act 1969.

In Schedule 4, paragraph 89 and in paragraph 93, sub-paragraphs (1)(xxxiii) and (4)(j).

1971 c. 78.

The Town and Country Planning Act 1971.

The whole Act.
1972 c. 5.

The Local Employment Act 1972.

In Schedule 3, the entry relating to the Town and Country Planning Act 1971.

1972 c. 70.

The Local Government Act 1972.

In section 182, subsections (1) and

Chapter Short title Extent of repeal
1972 c. 70.

The Local Government Act 1972.

(2), in subsection (3) paragraphs (a) and (c) and subsections (4) to (6).

Section 183.

In Schedule 16, paragraphs 4 to 54, 58 and 59.

1973 c. 26.

The Land Compensation Act 1973.

In section 53(5) the words from ‘sections 180’ to ‘or’.

Sections 68 to 82.

1973 c. 37. The Water Act 1973.

In Schedule 8, paragraph 94.

1974 c. 7.

The Local Government Act 1974.

In Schedule 6, paragraph 25.

1974 c. 32.

The Town and Country Amenities Act 1974.

Section 1(1).

Section 4(1).

In section 6, the words from ‘section 116’ to ‘and in’ and the words from ‘Schedule 8’ to ‘or’.

Section 7(1).

Section 8.

Section 10.

Section 13(1)(a).

1975 c. 76.

The Local Land Charges Act 1975.

In Schedule 1, the entry relating to the Town and Country Planning Act 1971.

1977 c. 29.

The Town and Country Planning (Amendment) Act 1977.

The whole Act.
1979 c. 46.

The Ancient Monuments Act and Archaeological Areas 1979.

In Schedule 4, paragraph 11.

1980 c. 65.

The Local Government, Planning and Land Act 1980.

Section 86(1) to (6).

Sections 89 and 90.

Section 91(1).

Section 119.

In section 122, in subsection (1) the words ‘section 113 of the Town and

Chapter Short title Extent of repeal
1980 c. 65.

The Local Government, Planning and Land Act 1980.

Country Planning Act 1971’ and ‘and 113’, and in subsections (2), (3), (6) and (8) the word ‘113’.

In section 147, in subsection (1) the words from the beginning to ‘and’, in subsection (3) the words from ‘sections 192’ to ‘Act and’ and in subsection (5) the words from the beginning to ‘Scotland’.

In section 149, in subsection (1) the words from ‘in place’ to ‘planning authority’, in subsection (3)(a) the words from ‘and in place’ to ‘them’ and subsection (5).

Section 150.

Schedule 14.

In Schedule 15, paragraphs 2 to 15, 17 to 20, 22, 23 and 25 to 28.

In Schedule 23, paragraphs 8 to 11.

In Schedule 32, paragraph 5(7), in paragraph 15(2)(b), sub-paragraph (i), in paragraph 17(7) the words ‘the 1971 Act or’, in the first place where they occur, and ‘Part III of the 1971 Act or’, paragraphs 18, 20(1), 22(2)(a), 23 and 26(1A)(a).

In Schedule 33, paragraph 12.

1980 c. 66. The Highways Act 1980.

In Schedule 24, paragraphs 20 and 22,

Chapter Short title Extent of repeal
1980 c. 66.

The Highways Act 1980.

and in paragraph 23, sub-paragraphs (d) to (h).

1981 c. 36.

The Town and Country Planning (Minerals) Act 1981.

Sections 1 to 18.

In section 34, the words from the beginning to ‘Act, and’ and the words ‘in each case’.

Schedule 1.

1981 c. 38.

The British Telecommunications Act 1981.

In Schedule 3, paragraph 10(2)(c).

1981 c. 41.

The Local Government and Planning (Amendment) Act 1981.

The whole Act.
1981 c. 43.

The Disabled Persons Act 1981.

Section 3.
1981 c. 54.

The Supreme Court Act 1981.

In Schedule 5, the entry relating to the Town and Country Planning Act 1971.

1981 c. 64.

The New Towns Act 1981.

In Schedule 12, paragraph 11.

1981 c. 67.

The Acquisition of Land Act 1981.

In Schedule 4, in the Table in paragraph 1, the entry relating to the Town and Country Planning Act 1971 and paragraph 21.

1981 c. 69.

The Wildlife and Countryside Act 1981.

In Schedule 16, paragraphs 1 to 4.

1982 c. 16.

The Civil Aviation Act 1982.

In Schedule 2, in paragraphs 4 and 5 the entries relating to the Town and Country Planning Act 1971 and paragraph 6.

In Schedule 10, in paragraphs 4(c) and 8(c), the words from ‘either’ to ‘or’.

1982 c. 21.

The Planning Inquiries (Attendance of Public Act 1982.

The whole Act.
Chapter Short title Extent of repeal
1982 c. 30.

The Local Government (Miscellaneous Provisions) Act 1982.

Sections 35 and 36.

In Schedule 5, paragraphs 2 and 3.

In Schedule 6, paragraph 7.

1982 c. 52.

The Industrial Development Act 1982.

In Part II of Schedule 2, paragraph 7(2).

1983 c. 47.

The National Heritage Act 1983.

In Schedule 4, paragraphs 15 to 17 and 19 to 21, 22(1) to (5) and (7), 23 and 24.

1984 c. 12.

The Telecommunications Act 1984.

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