The Growth and Infrastructure Act 2013 (Commencement No. 1 and Transitional and Saving Provisions) Order 2013

• Citation: S.I. 2013/1124
• Sections: 11

Section 1 Citation and interpretation

(1) This Order may be cited as the Growth and Infrastructure (Commencement No.1 and Transitional and Saving Provisions) Order 2013.

(2) In this Order—

“the 1945 Act ” means the Statutory Orders (Special Procedure) Act 1945 ;

“the 2008 Act ” means the Planning Act 2008 ;

“ the Act ” means the Growth and Infrastructure Act 2013”;

“development consent” means an order granting development consent under section 37 of the Planning Act 2008; and

“Examining authority” has the same meaning as set out in section 86 to the 2008 Act.

Section 2 Provisions coming into force in relation to England on the day after the day on which this Order is made

Section 1 and Schedule 1, to the extent that the provisions inserted into the Town and Country Planning Act 1990 by that section and Schedule enable the Secretary of State to make regulations or orders, come into force on the day after the day on which this Order is made.

Section 3 Provisions coming into force in relation to England on 25th June 2013

Section 8 of the Act comes into force on 25th June 2013.

Section 4 Provisions coming into force in relation to England and Wales and Scotland on 25th June 2013

Subject to articles 5 to 8, the following provisions of the Act come into force on 25th June 2013—

(a) section 22;

(b) section 23;

(c) section 24; and

(d) section 25(1) to (6) and (10) insofar as it relates to an order which is subject to the provisions of the 1945 Act by virtue of section 130 , 131 or 132 of the 2008 Act.

Section 5 Transitional and savings provisions

The following transitional and savings provisions have effect.

Section 6 Transitional and savings provisions

The amendments made to the 2008 Act by section 23 of the Act shall apply only in respect of applications for development consent made on or after 25th June 2013.

Section 7 Transitional and savings provisions

(1) Subject to paragraphs (2) to (3), the repeals and amendments of the 2008 Act made by section 24 of the Act shall apply only in respect of applications for development consent made on or after 19th October 2012.

(2) Where the Examining authority has completed its examination of an application referred to in paragraph (1) for the purposes of section 99 of the 2008 Act on or before 25th June 2013, the 2008 Act shall apply without any of the repeals or amendments in section 24.

(3) Except where paragraph (2) applies, where an application for development consent referred to in paragraph (1) is made on or after 19th October 2012 but on or before 24th June 2013 the 2008 Act shall apply subject to the repeals and amendments made by section 24 as modified as follows—

(a) section 131(3)(b) is to be read as if it said “the Secretary of State issues a certificate to that effect”,

(b) section 131(6) to (10) (provision about certificates under section (3)(b)) is to apply as if the repeal in section 24(2)(c) were omitted,

(c) section 132(2)(b) is to be read as if it said “the Secretary of State issues a certificate to that effect”, and

(d) section 132(6) to (10) (provision about certificates under section (2)(b)) is to apply as if the repeal in section 24(3)(c) were omitted.

Section 8 Transitional and savings provisions

(1) Subject to paragraph (2), the amendments to the 1945 Act made by section 25(1) to (6) and (10) shall apply only in respect of applications for development consent made on or after 19 October 2012.

(2) Where the Examining authority has completed its examination of an application for the purposes of section 99 of the 2008 Act on or before 25 June 2013 then any order made in respect of that application shall be subject to the provisions of the 1945 Act without any of the amendments made by section 25 of the Act.

Section 9 Provisions coming into force in relation to England and Wales on 25th June 2013

Subject to articles 10 and 11, section 27 of the Act comes into force on 25 June 2013.

Section 10 Transitional provisions

The following transitional provisions have effect.

Section 11 Transitional provisions

The amendments made by section 27 of the Act shall apply only in respect of applications for development consent made to the Secretary of State on or after 25 June 2013.