The Planning and Compensation Act 1991 (Commencement No.1 and Transitional Provisions) Order 1991

• Citation: S.I. 1991/2067
• Sections: 20

Section 1 Citation

This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 1 and Transitional Provisions) Order 1991.

Section 2 Interpretation

In this Order—

“commencement date” means 25th September 1991, and

“the 1991 Act ” means the Planning and Compensation Act 1991.

Section 3 Commencement

Subject to article 4, the following provisions of the 1991 Act shall come into force on 25th September 1991—

section 15;

section 17;

section 18;

section 21;

section 22;

section 25, in so far as it relates to paragraph 1 of Part I of Schedule 3;

section 26;

section 29;

section 31(1), (4) (so far as that subsection is not yet in force), (5) and (6);

section 32, in so far as it relates to paragraphs 8, 9(2)(c), 10(1), 36, 51, 54(1), (3)(a), 56 and 57(1), (2)(b), (3)(b) and (4) of Schedule 7;

sections 62 to 69;

section 70, except in so far as it reltes to paragraph 32 of Schedule 15;

section 80 as it applies in relation to England and Wales, except in so far as it relates to the entries relating to the Planning (Hazardous Substances) Act 1990 in Part I of Schedule 18;

section 81; and

section 84(6), in so far as it relates to Part II of Schedule 19 (so far as it is not yet in force), Parts III and V of that Schedule and the repeals in Parts I and Iv of that Schedule specified in Schedule 1 to this Order.

Section 4 Cases where commencement limited

(1) The provison of the 1991 Act mentioned in Part I of Schedule 2 to this Order shall not have effect in a case where any of the following events occurs before the commencement date in relation to the matter specified—

(a) in relation to a compulsory purchase order not made by a Minister, the compulsory purchase order is made;

(b) in relation to a compulsory purchase order made by a Minister, paragraphs 2 and 3 of Schedule 1 to the Acquisition of Land Act 1981 are complied with;

(c) in relation to a purchase notice within the meaning of Chapter I of Part VI of the Town and Country Planning Act 1990 , the event mentioned in section 137(1) of that Act occurs; and

(d) in relation to a blight notice within the meaning of Chapter II of that Part, the land becomes blighted land, within the meaning of that Chapter.

(2) A provision of the 1991 Act mentioned in the first column of an entry in Part II of Schedule 2 to this Order shall not have effect in a case where the date shown against that provision in the second column of the entry is, in relation to that case, before the commencement date.

(3) In Part II of that Schedule, except where a contrary intention appears,—

(a) an expression used in an entry in the second column which is also used in the provision of an Act mentioned in the corresponding entry in the first column has the same meaning as in that provision; and

(b) a reference in an entry in the second column to a provision or Part of an Act is a reference to a provision or Part of the Act (other than the 1991 Act) mentioned in the corresponding entry in the first column.

Section 1

Section 63 (advance payments of compensation and interest).

Section 1

Section 17(1) (power of local planning authority to decline to determine applications).

Section 1

The date the application is received

Section 2

Section 64 (planning assumptions in connection with highway schemes).

Section 2

Section 31(4) (planning compensation repeals: minor and consequential amendments) in so far as it relates to the following paragraphs of Schedule 6—

Section 3

Section 67 (time limit on validity of notice to treat).

Section 3

Section 65 (certification of appropriate alternative development).

Section 3

The date any of the circumstances mentioned in section 22(2) of the Land Compennsation Act 1961 arises.

Section 4

Section 70 in so far as it relates to the following paragraphs of Schedule 15—

paragraph 1 (rules for assessing compensation),

paragraph 2 (expenses in acquiring replacement land),

paragraph 4 (acquisition of part from tenants at will etc. ),

paragraph 6 (farm loss payments),

paragraph 7 (notice to quit agricultural holding: right to opt for notice of entry compensation),

paragraphs 9 to 12 (amendments to the Acquisition of Land Act 1981 ),

paragraph 19 (diocesan glebe land),

paragraph 24 (advance payments of compensation and interest), and

paragraph 27 (diocesan glebe land.)

Section 4

Section 69 (home loss payments).

Section 4

(1) In a case where paragraph (a) or (b) of subsection (1) of section 29 of the Land Compensation Act 1973 applies, the date the event mentioned in paragraph (a) or (b) occurs;

(2) in a case where paragraph (c) or (d) of that subsection applies, the date the land is acquired or (as the case may be) appropriated; and

(3) in a case where paragraph (e) of that subsection applies, the date the proceedings for the order for possession mentioned in that paragraph are started.

Section 5

Section 80(1) (interest on compensation) in so far as it relates to section 31(3) of the Land Compensation Act 1961 .

Section 5

Section 70 (further amendments relating to land compensation) in so far as it relates to the following paragraphs of Schedule 15—

Section 6

Section 84(6) in so far as it relates to the repeals in Part III of Schedule 19 in section 5 of the Land Compensation Act 1961 and sections 34 and 52 of the Land Compensation Act 1973.

Section 6

Section 80(1) (interest on compensation) in so far as it relates to—

Section 7

Section 84(6) in so far as it relates to—