HC Deb 07 July 1971 vol 820 cc396-403W
Mr. Costain

asked the Secretary of State for the Environment whether he will list those parts of the Town and Country Planning Act, 1968, which have been brought into force, indicating on what date they became operative and under what Orders; and which parts remain to be implemented.

Mr. Graham Page

The provisions of the 1968 Act which have not yet been brought into force in England and Wales are as follows(i) ss. 1–12 inclusive, except so far as they enable any matter or thing to be prescribed. (ii) s. 14. (iii) Schedule 1 (Special provisions as to Greater London). (iv) In Schedule 9 (Adaptation and Interpretation): paragraphs 1–5 inclusive: 7; 35(a); 54; 55(a) as to the words "sections 1 to 12"; 57; and 67. (vi) In Schedule 11 (Enactments repealed), the entries related to the following enactments:

  1. (a) The Town and Country Planning Act 1962: Part 2 except:—s. 4(3)(b) and (c); in s. 4(4) the words "and designated as subject to compulsory acquisition in accordance with the provisions of the last preceding subsection"; in s. 5(1) the words "Subject to the provisions of this section"; s. 5(2) to (5); in s. 6(3) the words from "and any such amendment" to the end of the subsection; s. 6(4); s. 9; s. 10(5); s. 11(3).
  2. (b) The Town and Country Planning Act 1962: s. 210.
  3. (c) The London Government Act 1963: in s. 24(6), the words from "and in particular" onwards; ss. 25–27 inclusive; in s. 29(6) the words "8" and "199, 211(1) (a)" and the words from "and in the case" onwards.

The details requested of those parts of the Town and Country Planning Act, 1968, which have been brought into force are to be found in the register required to be kept under Section 105 of the Act, as follows:

TOWN AND COUNTRY PLANNING ACT 1968 (COMMENCEMENT ORDERS) REGISTER OF COMMENCEMENT ORDERS: PART I
Areas affected If not whole of England
Provisions of the Act of 1968 S.I. Number Whole of England (excluding Monmouthshire) Whole of Greater London Other areas (listed in Part II of register) Date of commencement Articles or Schedules containing transitional provisions
(1) (2) (3) (4) (5) (6) (7)
Sections 39; 61; 62; 63; 69; 70; 71; 72; 73; 74; 75; 79; 82; 98; 99; 100; 101; 102; 103; 104; 105; 106; 107; 108; 109 (except so far as it relates to amendments to s 24(9) of the Industrial Development Act l966 and s. 8(3) of the Civic Amenities Act 1967). 1968/1908 (c. 25) Yes 6th December, 1968 Sch. 2
Schedules 6; 8; 9 (paras. 18, 19, 30,34,43,44,45(a), 46,47,48(a), 51, 52(a), 52(b), 53(a), 58 (except so far as it relates to applications under Part V of the Act of 1968 for listed building consent) and 59 (except so far as it relates to Part II of the Act of 1968)); 10 (paras. 1, 8, 9 and 21); and in Schedule 11 the entries relating to s. 26(5)(b) of the Town and Country Planning Act 1959 and ss. 13(6), 13(10), 34(4), 37(1), 159(2), 160(1), 161(2), 162(2), 163(3)(b), 165(3), 200(2) and 203(1) of the Town and Country Planning Act 1962.
Parts III and V—
Schedules 5; 9 (paras. 10, 12 (so far as it relates to functions under Part V of the Act of 1968), 17, 22 (so far as it relates to Part IV of Sch. 5 to the Act of 1968), 23 (so far as it relates to Part IV of Sch. 5 to the Act of 1968), 25, 31 (so far as it relates to Part V of the Act of 1968), 32 (so far as it relates to Part V of the Act of 1968), 35(c), 35(d) (so far as it relates to listed building purchase notices and to the following decisions:— 1968/1909 (c. 26) Yes 1st January, 1969 Sch. 2.
(k) any decision of the Minister on an application referred to him under para. 3 of Sch. 5 to the Act of 1968, being an application for listed building consent for any works;
(l) any decision of the Minister on an appeal to him under para. 7 of that Schedule;
(m) any decision of the Minister under para. 18 (5)(a) of that Schedule to grant listed building consent for any works or under para. 18(5)(b) of that Schedule to grant planning permission in respect of any works),
36 (so far as it relates to listed building enforcement notices).
Areas affected If not whole of England
Provisions of the Act of 1968 S.l. Number Whole of England (excluding Monmouthshire) Whole of Greater London Other areas (listed in Part If of register) Date of commencement Articles or Schedules containing transitional provisions
(1) (2) (3) (4) (5) (6) (7)
39 (so far as it relates to appeals under Part IV of Sch. 5 to the Act of 1968), 41 (so far as it relates to Part III or V of the Act of 1968), 42 (so far as it relates to Part V of, or Sch. 5 to, the Act of 1968), 45(b) (in relation to the references to ss. 30 and 31 of the Town and Country Planning Act 1962 and s. 44 of the Act of 1968), 45(c) (so far as it relates to enforcement notices under s. 44 of the Act of 1968), 45(d), 48(b) (so far as it relates to s. 49 of the Act of 1968), 49 (so far as it relates to enforcement notices under s. 44 of the Act of 1968), 50 (so far as it relates to listed buildings and buildings proposed to be listed), 58 (so far as it relates to applications under Part V of the Act of 1968 for listed building consent), 60, 68 69, 70, 71 and 74); 10 (paras. 18 19 and 20); and 11 (the entries relating to the Housing Act 1957, the Local Authorities (Historic Buildings) Act 1962, ss. 23(3), 30, 31, 33, 52, 53,54,55, 62(2), 62(4), 64(2)(b), 125(1), 125(2) and 199(2)(b) of the Town and Country Planning Act 1962, ss. 28(2) and 28(3) of the London Government Act 1963, and ss. 1(6), 2, 6(2), 7, 9 and 10 of the Civic Amenities Act 1967.
Section 81.
Schedule 9 (paras. 49(a) and 73); and in Schedule 11 the entries relating to s. 29(5) of the Town and Country Planning Act 1962 and s. 16(1) of the Civic Amenities Act 1967. 1969/16 (c 1) Yes 10th February, 1969
Parts II and IV (except s. 39). 1969/275 (c. 6) Yes 1st April, 1969 Sch. 3
Sections 13; 64; 65; 66; 67; 68; 76; 77; 78; 80; 83; 84; 85; 86; 87; 88; 92; 93; 97 (so far as it applies to orders under s. 92 of the Act of 1968); 109 (so far as it relates to amendments to s. 24(9) of the Industrial Development Act 1966 and s. 8(3) of the Civic Amenities Act 1967.
Schedules 2; 3; 4; 9 (paras. 6,8,11, 12 (except so far as it relates to functions under Part V of the Act of 1968), 13, 14, 15, 16, 20, 21, 22 (so far as it relates to Part 11 of the Act of 1968), 23 (so far as it relates to Part II of the Act of 1968), 24, 26, 27, 28, 29, 31 (except so far as it relates to
Areas affected If not whole of England
Provisions of the Act of 1968 S.I. Number Whole of England (excluding Monmouthshire) Whole of Greater London Other areas (listed in Part II of register) Date of commencement Articles or Schedules containing transitional provisions
(1) (2) (3) (4) (5) (6) (7)
Part V of the Act of 1968), 32 (except so far as it relates to Part V of the Act of 1968), 33, 35(b) (so far as it relates to orders under s. 92 of the Act of 1968), 15(d) (so far as it relates to purchase notices other than listed buildings purchase notices and to the following decisions under the Act of 1968:—
(g) any decision of the Minister to grant planning permission under s. 16(5)(a) of the Act of 1968;
(h) any decision of the Minister on an application for an established use certificate referred to him under s. 18(1) of the Act of 1968;
(i) any decision of the Minister on an appeal under s. 18(2) of the Act of 1968;
(j) any decision by the Minister to confirm a completion notice under s. 68 of the Act of 1968,
para. 36 (so far as it relates to enforcement notices other than listed building enforcement notices), 37, 38, 39 (so far as it relates to appeals under Part II of the Act of 1968 against enforcement notices), 40 (so far as it relates to s. 92 of the Act of 1968), 41 (so far as it relates to Part II of the Act of 1968), 42 (so far as it relates to Part II of the Act of 1968), 45(6) (in relation to the references to ss. 28, 29, and 36 of the Act of 1962 and s. 15 of the Act of 1968), 45(c) (so far as it relates to enforcement notices under s. 15 of the Act of 1968), 48(6) (so far as it relates to ss. 20 and 92 of the Act of 1968), 49 (except so far as it relates to tree preservation orders and enforcement notices under s. 44 of the Act of 1968), 50 (except so far as it relates to listed buildings and buildings proposed to be listed), 53(6) and (c), 55 (except so far as it relates to ss. 1 to 12 of the Act of 1962), 56, 59 (so far as it relates to Part II of the Act of 1968), 62, 63, 64, 65, 66, 72 and 75, Schedule 10 (paras. 2 to 7 and 10 to 17) and Schedule 11 (the entries relating to the Post Office Act 1953, the Electricity Act 1957, the Land Powers (Defence) Act 1958, the Post Office Act 1961, the Land Compensation Act 1961, the Town and Country Planning Act 1962 ss. 9 (in Part II), 45, 46,
Areas affected If not whole of England
Provisions of the Act of 1968 S.I. Number Whole of England (excluding Monmouthshire) Whole of Greater London Other areas (listed in Part II of register) Date of commencement Articles or Schedules containing transitional provisions
(1) (2) (3) (4) (5) (6) (7)
47(7), 62(3), 64 (except as to subsection (2)(b)), 67, 68, 69, 71, 73,74,75,76, 86, 128, 138, 139, 143, 145, 150, 163 (except as to subsection (3)(b)), 176, 179, 180, 183, 199(1)(a), 221 (except as to the definition of "development plan") and Sch. 4 and Sch. 13 of the Town and Country Planning Act 1962, s. 29(1) and (2) of the London Government Act 1963, the New Towns Act 1965 and the Land Commission Act 1967).
Sections 89; 90; 91; 94; 95; 96; 97. 1969/275 (c. 6) Yes 1st May, 1969 Sch. 3
Schedules 7; and 9 (paras. 9. 35(b)) (so far as it relates to orders under ss. 91, 94, and 95 of the Act of 1968), 37 (so far as it relates to orders under ss. 91, 94, and 95 of the Act of 1968), 40 and 52(c).
Part I, except sections 13 and 14, so far as it enables any matter or thing to be prescribed. 1971/842 (c. 20) Yes 1st June, 1971 Sch. 2
In Schedule 11 the entry relating to Part II of the Town and Country Planning Act 1962 as respects the following provisions:—
section 4(3)(b) and (c);
in section 4(4) the words "and designated as subject to compulsory acquisition in accordance with the provisions of the last preceding subsection,";
in section 5(1) the words "Subject to the provisions of this section";
section 5(2) to (5);
in section 6(3) the words from "and any such amendment" to the end of the subsection;
and sections 6(4), 10(5) and 11(3).

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