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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/1990/uksi_1990614_en.html

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Statutory Instruments

1990 No. 614 (C.20)

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Housing and Planning Act 1986 (Commencement No. 15) Order 1990

Made

14th March 1990

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 57(2) of the Housing and Planning Act 1986 (1) and of all other powers enabling them in that behalf, hereby make the following Order:

1. This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 15) Order 1990.

2. The following provisions of the Housing and Planning Act 1986 ("the 1986 Act") shall come into force on 31st March 1990 ("the commencement date")-

(a)section 43 (compulsory acquisition of land on behalf of parish or community councils);

(b)section 49(2) (miscellaneous repeals), in so far as it relates to the repeal of the words "section 125(4) and (7)" in the entry relating to the Local Government Act 1972(2) in paragraph 1 of Schedule 4 to the Acquisition of Land Act 1981(3).

3. Where a compulsory purchase order has been made before the commencement date, section 125 of the Local Government Act 1972 shall apply to it as it applied immediately before that date; and for this purpose section 43 of the 1986 Act shall be treated as not having come into force.

Chris Patten

Secretary of State for the Environment

14th March 1990

Peter Walker

Secretary of State for Wales

14th March 1990

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 31st March 1990 section 43 of the Housing and Planning Act 1986 which substitutes a new section for section 125 of the Local Government Act 1972 (c. 70) (compulsory acquisition of land on behalf of parish or community councils).

The new section simplifies procedures to be followed where a district council makes a compulsory acquisition of land on behalf of a parish or community council, and brings such procedures into line with those applicable to other compulsory purchase orders.

Article 3 of the Order provides for the continued application of section 125 of the 1972 Act as originally enacted in respect of compulsory purchase orders made before 31st March 1990.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Housing and Planning Act 1986 have been brought into force by commencement orders made before the date of this Order-

ProvisionDate of commencementS.I. No.
sections 1 to 47th January 19871986/2262
sections 10 to 14
sections 16 and 17
sections 19 and 20
sections 22 and 23
section 24 (partially)
Part III (ss.27 to 29)
Part VI (partially)
section 49 (partially)2nd March 19871987/304
section 401st April 19871987/348
section 49(2) (partially)
section 913th May 19871987/754
section 24(1) (partially)1st September 19871987/1554
sections 26, 50 and 511st October 19871987/1607
section 252nd November 19871987/1759
section 41
section 49(1) (partially)
section 49(2) (partially)
section 18 (partially)11th December 19871987/1939
section 24 (partially)
Part V
section 1517th February 19881987/2277
section 24(1) (partially)
section 611th March 19881988/283
section 4217th November 19881988/1787
section 49(2) (partially)5th April 19891989/430
section 8
(3)

1981 c. 67With correction slip dated April 1990


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URL: http://www.bailii.org/uk/legis/num_reg/1990/uksi_1990614_en.html