Planning (Consequential Provisions) Act 1990 (c. 11)

1990 CHAPTER 11

ARRANGEMENT OF SECTIONS

1. Meaning of “the consolidating Acts”, “the repealed enactments”, etc.
2. Continuity, and construction of references to old and new law.
3. Repeals.
4. Consequential amendments.
5. Transitional provisions and savings.
6. Transitory modifications.
7. Short title, commencement and extent.

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:—

1 Meaning of “the consolidating Acts”, “the repealed enactments”, etc

(1) In this Act—

“the consolidating Acts” means the principal Act, the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990, the [1990 c. 10.] Planning (Hazardous Substances) Act 1990 and, so far as it reproduces the effect of the repealed enactments, this Act,
“the principal Act” means the [1990 c. 8.] 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“the repealed enactments” means the enactments repealed by this Act.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.

2 Continuity, and construction of references to old 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(1) The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.

(2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for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including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.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.

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.

4 Consequential amendments

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

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 [1978 c. 30.] Interpretation Act 1978 (general savings implied on repeal) or of the previous provisions of this Act.

6 Transitory modifications

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

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.

SCHEDULES

Section 3.

SCHEDULE 1 Repeals

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 (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 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, 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 Telecom- munications 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.
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.	In Schedule 4, paragraph 53.
1984 c. 32.	The London Regional Transport Act 1984.	In Schedule 6, paragraph 9.
1985 c. 19.	The Town and Country Planning (Compensation) Act 1985.	Section 1.
1985 c. 51.	The Local Government Act 1985.	In section 3, subsections (1), (3) and (4).
		Sections 4 and 5.
		Schedule 1.
		In Schedule 2, paragraph 1.
		In Schedule 3, paragraphs 2 and 3(1) and in paragraph 4 the words “54(2) and”.
		In Schedule 4, paragraph 50.
		In Schedule 14, paragraph 48.
1985 c. 52.	The Town and Country Planning (Amendment) Act 1985.	Section 1.
1985 c. 68.	The Housing Act 1985.	In section 256(4), paragraph (b).
1985 c. 71.	The Housing (Consequen- tial Provisions) Act 1985.	In Schedule 2, paragraphs 22 and 24(8).
1986 c. 31.	The Airports Act 1986.	In Schedule 2, in paragraph 1(1) and (2), the words “the Town and Country Planning Act 1971”.
		In Schedule 4, paragraph 1.
1986 c. 44.	The Gas Act 1986.	In Schedule 7, in paragraph 2, sub-paragraph (1)(xxiv) and (xxvi) and in (xxvii) the words “and 71” and sub-paragraphs (2)(c) and (9)(e) and paragraph 12.
1986 c. 63.	The Housing and Planning Act 1986.	Section 25.
		Sections 30 to 34.
		Section 41.
		Sections 45 and 46.
		In section 58(1), the words from “in Part II” to “Schedule 6” and the words from “in Part IV” to “Schedule 7”.
		In Schedule 6, Parts I and II.
		In Schedule 7, Part I.
		In Schedule 9, paragraphs 1 to 5, 6(1) and 7 to 12.
		Schedule 10.
		In Schedule 11, paragraphs 1 to 24, 26 and 27.
1987 c. 3.	The Coal Industry Act 1987.	In Schedule 1, paragraph 19.
1988 c. 4.	The Norfolk and Suffolk Broads Act 1988.	In Schedule 3, paragraphs 4, 7 to 28, 32 and 48.
1988 c. 40.	The Education Reform Act 1988.	In Schedule 12, paragraphs 40 and 70.
1988 c. 50.	The Housing Act 1988.	In section 67, in subsection (1) the words from “in place” onwards and in subsection (3) the words from “and in place” to “them”, and subsections (5) and (6).
		In Schedule 17, paragraph 18.
1989 c. 15.	The Water Act 1989.	In Schedule 25, in paragraph 1, in sub-paragraph (2), paragraphs (xvi) and (xvii) and in paragraph (xviii) the words “and 71”, and sub-paragraphs (10)(iv) and (11)(ii), and paragraph 42.
1989 c. 29.	The Electricity Act 1989.	In Schedule 16, in paragraph 1, in sub-paragraph (1), paragraphs (xxii) and (xxiv) and in paragraph (xxv) the words “and 71”, paragraphs 2(2)(c), (4)(c) and (5)(b) and 3(1)(d).
1989 c. 42.	The Local Government and Housing Act 1989.	In Schedule 11, paragraphs 19 and 20.

Part II England and Wales only

Chapter	Short title	Extent of repeal
9 & 10 Geo. 6. c. 35.	The Building Restrictions (War-Time Contraventions) Act 1946.	The whole Act.
14 & 15 Geo. 6. c. 60.	The Mineral Workings Act 1951.	Section 32.
		Section 40(6).
1969 c. 48.	The Post Office Act 1969.	In Schedule 9, paragraph 27(8).
1972 c. 42.	The Town and Country Planning (Amendment) Act 1972.	The whole Act.
1980 c. 65.	The Local Government, Planning and Land Act 1980.	Section 87.
1984 c. 10.	The Town and Country Planning Act 1984.	The whole Act.
1989 c. 29.	The Electricity Act 1989.	In Schedule 8, paragraph 7.

Part III Scotland only

Chapter	Short title	Extent of repeal
14 & 15 Geo. 6. c. 60.	The Mineral Workings Act 1951.	In section 40(6), the words “section forty-nine of the principal Act or” and “as the case may be”.
1972 c. 42.	The Town and Country Planning (Amendment) Act 1972.	In section 10, in subsection (1), the words from “Subject” to “this section” and “section 277” to “1971 or”, subsection (1AA), in subsection (2) the words from “or” to “Commission”, subsections (3A) and (3B), in subsection (4) the words from “the appropriate” to “Monmouthshire)” and the words from “or the” to “Wales”.
		In section 10A, in subsection (1) the words from “or” to “Commission”, in subsections (3) and (5) the words “or (as the case may be) the Commission” and “or (as the case may be) they think”, in subsection (8) the words “or (as the case may be) the Commission” and subsection (9).
1980 c. 65.	The Local Government, Planning and Land Act 1980.	In section 87, in subsection (1) the words “a local planning authority in England or Wales or”, in subsection (2) paragraph (a) and in subsection (8) paragraph (a).
1984 c. 10.	The Town and Country Planning Act 1984.	In section 1, in subsection (1)(b) the words from “section 53” to “or”, in subsection (5)(b) the words from “a local” to “Scotland” and in subsection (6) the words from “section 277A” to “1971 or”.
		In section 2, in subsection (1) the words from the beginning to “Scotland” and in subsection (4) the words from “section 60” to “1971 or”.
		In section 3, in subsection (2), the words “a local planning authority or, in Scotland” and subsection (8).
		In section 4, in subsection (1) the words “a licence in writing or, in Scotland” and the words from “section 266(1)(b)” to “be” and subsections (2) and (3).
		In section 5, in subsection (1) the words from the beginning to “Scotland”, in subsection (2) the words “the Act of 1971 or, as the case may be”, in subsection (3) the words “local planning authority or” and subsection (4).
		In section 6, in subsection (1), the definition of “the Act of 1971” and in the definition of “the appropriate authority” the words from “section 266(7)” to “Scotland” and subsections (2) and (3).
		Section 7(2)(b).
1989 c. 29.	The Electricity Act 1989.	In Schedule 8, in paragraph 7(4), in the definition of “the Planning Act” the words from “the Town and Country Planning Act 1971” to “Wales and” and in the definition of “the relevant section” the words from “section 35” to “1971 and”.

Section 4.

SCHEDULE 2 Consequential Amendments

The Finance Act 1931 (c. 28)

1 (1) In section 28(6) of the Finance Act 1931, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

(2) In paragraph (viii) of Schedule 2 to that Act, for the words “section 34(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 69(1) of the Town and Country Planning Act 1990”.

The Mineral Workings Act 1951 (c. 60)

2 In section 41(2A) of the Mineral Workings Act 1951 for the words “the Town and Country Planning Act 1971”, in both places where they occur, there shall be substituted the words “the Town and Country Planning Act 1990”.

The Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10)

3 (1) In section 1(1)(b) of the Agricultural Land (Removal of Surface Soil) Act 1953 for the words “the Town and Country Planning Act, 1947” there shall be substituted the words “the Town and Country Planning Act 1990”.

(2) In section 2(3) of that Act for the words “section seventeen of the Town and Country Planning Act, 1947” there shall be substituted the words “section 64 of the Town and Country Planning Act 1990”.

(3) In section 4 of that Act for the words “the Town and Country Planning Act, 1947” and “section seventeen” there shall be substituted respectively the words “the Town and Country Planning Act 1990” and “section 64”.

(4) In section 5(2) of that Act for the words “the Town and Country Planning Act, 1947” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Historic Buildings and Ancient Monuments Act 1953 (c. 49)

4 (1) In section 5A(1)(b) of the Historic Buildings and Ancient Monuments Act 1953, for the words “section 277 of the Town and Country Planning Act 1971” there shall be substituted the words “section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990”.

(2) In section 5B(1) of that Act, for the words “section 114 or 119(1)(b) or (c) of the Town and Country Planning Act 1971” there shall be substituted the words “section 47 or 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990”.

The Opencast Coal Act 1958 (c. 69)

5 In the Opencast Coal Act 1958—

(a) in section 13—

(i) in subsection (1) for the words from “provisions”, in the first place where it occurs, to “(which” there shall be substituted the words “provisions of section 271 of the Act of 1990 (which” and in paragraph (d) of that subsection for the words from “subsection (4)” to “shall” there shall be substituted the words “subsection (5) of the said section 271 shall”;

(ii) in subsection (2) for the words from “the said” to “shall” there shall be substituted the words “the said section 271 shall”;

(iii) in subsection (3) for the words from “by virtue” to “(which” in the second place it occurs and the words from “the said” onwards there shall be substituted respectively the words “by virtue of section 271 of the Act of 1990 as applied by either of the preceding subsections, the provisions of sections 275 to 277 of that Act (which relate to the powers, duties and obligations of statutory undertakers) and of sections 278 to 282 of that Act (which” and “the said section 271”;

(iv) in subsection (5) for the words “the said” to “shall” there shall be substituted the words “section 219 of the Town and Country Planning (Scotland) Act 1972 to roads stopped up or diverted by virtue of section 198 of that Act) shall”;

(v) in subsection (6) for the words from “for references” in the first place they occur to ““highway”” there shall be substituted the words “for references to section 271, subsection (5) of that section and sections 275 to 282 of the Act of 1990 there shall be substituted respectively references to section 219, subsection (4) of that section, and sections 222 to 229 of the said Act of 1972; “highway””;

(b) in section 15(6) and (7) for the words “the Act of 1971” in each place where they occur there shall be substituted the words “the Act of 1990”;

(i) there shall be inserted at the appropriate place

““the Act of 1990” means the Town and Country Planning Act 1990”; and

(ii) in the definition of “planning permission” for the words “the Act of 1971” there shall be substituted the words “the Act of 1990”.

The Town and Country Planning Act 1959 (c. 53)

6 For paragraph (c) of section 26(5) of the Town and Country Planning Act 1959 there shall be substituted—

“(c) to section 233 of the Town and Country Planning Act 1990 (which relates to the disposal of land for planning purposes)”.

The Radioactive Substances Act 1960 (c. 34)

7 After paragraph 8A of Schedule 1 to the Radioactive Substances Act 1960, there shall be inserted—

“8AA The Planning (Hazardous Substances) Act 1990”.

The Caravan Sites and Control of Development Act 1960 (c. 62)

8 At the end of section 29(4) of the Caravan Sites and Control of Development Act 1960 there shall be inserted the words “or granted on the designation of an enterprise zone under Schedule 32 to the Local Government, Planning and Land Act 1980”.

The Land Compensation Act 1961 (c. 33)

9 (1) In paragraph 1 of Schedule 2 to the Land Compensation Act 1961—

(a) in sub-paragraph (2)(b) for the words from “under” to “1971” there shall be substituted the words “under Part IX of the Town and Country Planning Act 1990 or sections 47 to 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990”;

(b) in sub-paragraph (2)(c) for the words “Part IX of that Act” there shall be substituted the words “Part VI of the Town and Country Planning Act 1990 or sections 32 to 37 of the Planning (Listed Buildings and Conservation Areas) Act 1990”.

(2) In paragraph 3(2) of that Schedule—

(a) in paragraph (a) for the words from “section 180” to “1971” there shall be substituted the words “section 137 of the Town and Country Planning Act 1990”;

(b) in paragraph (b) for the words “Part IX” there shall be substituted the words “Part VI” and at the end of that paragraph there shall be added the words “or

The Public Health Act 1961 (c. 64)

10 In Schedule 4 to the Public Health Act 1961 for the second item in the Table there shall be substituted—

“A building which is included in a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

The Secretary of State.”

The Harbours Act 1964 (c. 40)

11 In section 52(2) of the Harbours Act 1964 for the words “section 266 of the Town and Country Planning Act 1971; and the provisions of subsection (7) of that section” there shall be substituted the words “subsection (2) of section 293 of the Town and Country Planning Act 1990; and the provisions of subsection (3) of that section”.

The Gas Act 1965 (c. 36)

12 (1) In section 4(6) of the Gas Act 1965-

(a) for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”;

(b) for the words “section 40 of that Act” there shall be substituted the words “section 90 of that Act”.

(2) In section 28(1) of that Act—

(a) in the definition of “local planning authority”, for the words “section 1 of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”;

(b) in the definition of “planning permission”, for the words “Part III of the Town and Country Planning Act 1971” there shall be substituted the words “Part III of the Town and Country Planning Act 1990 (other than sections 88 and 89)”.

(3) In Schedule 3 to that Act—

(a) in paragraph 3, for the words “section 146 of the Town and Country Planning Act 1971” and “Part VII of that Act, together with sections 38 and 39” there shall be substituted respectively the words “section 120 of the Town and Country Planning Act 1990” and “Part V of that Act, together with sections 80 and 81”;

(b) in paragraph 7(2), for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”;

(c) in paragraph 9(a) for the words “section 146 of the Town and Country Planning Act 1971”, “Part VII of the said Act of 1971” and “sections 38 and 39 of the said Act of 1971” there shall be substituted respectively “section 120 of the Town and Country Planning Act 1990”, “Part V of the said Act of 1990” and “sections 80 and 81 of the said Act of 1990”.

The Compulsory Purchase Act 1965 (c. 56)

13 (1) In section 1(4) of the Compulsory Purchase Act 1965—

(a) for the words “Part VI of the Town and Country Planning Act 1971” there shall be substituted the words “Part IX of the Town and Country Planning Act 1990 or section 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990”;

(b) for the words “section 132(4) of that Act” there shall be substituted the words “section 245(4) of the Town and Country Planning Act 1990 or, as the case may be, section 52(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990”.

(2) In section 10(3) of that Act-

(a) for the words “Part VI of the Town and Country Planning Act 1971” there shall be substituted the words “Part IX of the Town and Country Planning Act 1990”;

(b) for the words “section 132(4)(b) of that Act” there shall be substituted the words “section 245(4)(b) of that Act”.

The Forestry Act 1967 (c. 10)

14 (1) In section 9(4)(d) of the Forestry Act 1967, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

(2) In the definition of “tree preservation order” in section 35 of that Act, for the words “section 60 of the Town and Country Planning Act 1971” there shall be substituted the words “section 198 of the Town and Country Planning Act 1990”.

(3) In Schedule 3 to that Act—

(a) in paragraph 2—

(i) in sub-paragraph (a), for the words “section 35 of the Town and Country Planning Act 1971” there shall be substituted the words “section 77 of the Town and Country Planning Act 1990”;

(ii) in sub-paragraph (b), for the words “the said section 35” there shall be substituted the words “the said section 77”;

(b) in paragraph 3, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Agriculture Act 1967 (c. 22)

15 (1) In section 49(5)(a) of the Agriculture Act 1967—

(a) for the words “section 246 of the Town and Country Planning Act 1971” there shall be substituted the words “section 289 of the Town and Country Planning Act 1990”;

(b) for the words “Part V of that Act” there shall be substituted the words “Part VII of that Act”.

(2) In section 50(3)(b) of that Act, for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”.

(3) In section 52(2)(g) of that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Civic Amenities Act 1967 (c. 69)

16 In section 5 of the Civic Amenities Act 1967—

(a) for the words “Sections 1 and 2 of the Local Authorities (Historic Buildings) Act 1962” there shall be substituted the words “Sections 57 and 58 of the Planning (Listed Buildings and Conservation Areas) Act 1990”;

(b) paragraph (a) shall be omitted;

(i) for the words “subsection (4) of section 1” there shall be substituted the words “subsection (7) of section 57”;

(ii) after the definition of “local authority” there shall be inserted—

““listed building” means a building for the time being included in a list of buildings of special architectural or historic interest compiled or approved under section 52 of the Scottish Planning Act”;

(d) in paragraph (c) for the words “section 2” there shall be substituted the words “section 58”.

The Leasehold Reform Act 1967 (c. 88)

17 (1) In section 28(6) of the Leasehold Reform Act 1967, for the words from “that authority” to “is situated” there shall be substituted the words “that authority, in order to secure—

(a) the development or redevelopment of an area defined by a development plan under the Town and Country Planning Act 1990 as an area of comprehensive development; or

(b) the treatment as a whole, by development, redevelopment or improvement, or partly by one and partly by another method, of any area in which the property is situated”.

(2) In paragraph 1(7) of Schedule 4 to that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Public Expenditure and Receipts Act 1968 (c. 14)

18 For paragraph 7(b) of Schedule 3 to the Public Expenditure and Receipts Act 1968 there shall be substituted—

“(b) The Town and Country Planning Act 1990 (c. 8), paragraph 20(9) of Schedule 12.”.

The Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

19 In section 13(2) of the Agriculture (Miscellaneous Provisions) Act 1968 for the words “section 112 or 120 of the Town and Country Planning Act 1971” there shall be substituted the words “section 226 or 230 of the Town and Country Planning Act 1990”.

The Countryside Act 1968 (c. 41)

20 In section 40(1) of the Countryside Act 1968, for the words “section 1 of the Town and Country Planning Act 1971” there shall be substituted the words “section 2 of the Town and Country Planning Act 1990”.

The Caravan Sites Act 1968 (c. 52)

21 (1) In section 8(3) of the Caravan Sites Act 1968, for the words “section 35 of the Town and Country Planning Act 1971” there shall be substituted the words “section 77 of the Town and Country Planning Act 1990”.

(2) In the definition of “planning permission” in section 16 of that Act (as it applies in England and Wales), for the words “Part III of the Town and Country Planning Act 1971” there shall be substituted the words “Part III of the Town and Country Planning Act 1990”.

The Transport Act 1968 (c. 73)

22 (1) In paragraph (a) of the definition of “planning authority” in section 63(6) of the Transport Act 1968, for the words “Part III of the Town and Country Planning Act 1971” there shall be substituted the words “Part III of the Town and Country Planning Act 1990”.

(2) In section 108 of that Act—

(a) in subsection (1) for paragraph (b) there shall be substituted—

“(b) land to which section 215 of the Town and Country Planning Act 1990 applies;”;

and for the words “the said Act of 1971” and “the said section 65” there shall be substituted respectively the words “the said Act of 1990” and “the said section 215”; and

(b) in subsection (3) for the words from “Part III” to “or” there shall be substituted the words “Part III of the Town and Country Planning Act 1962 or”.

(3) In section 112(3)(d) of that Act, for the words “section 65 of the Town and Country Planning Act 1971” there shall be substituted the words “section 215 of the Town and Country Planning Act 1990”.

(4) In section 141(2) of that Act, for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”.

(5) In section 142(2) of that Act—

(a) for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990 or the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990”;

(b) for the words from “Part III” to “notices” there shall be substituted the words “Part III or Part VIII of the Town and Country Planning Act 1990 or the provisions of Part VI of that Act relating to purchase notices or the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990”.

The Finance Act 1969 (c. 32)

23 In the Table in section 58(4)(c) of the Finance Act 1969, in the entry relating to the Town and Country Planning Act 1971—

(a) in the first column for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”; and

(b) for the entry in the second column there shall be substituted the words “Part II of the Town and Country Planning Act 1990”.

The Post Office Act 1969 (c. 48)

24 (1) In section 57 of the Post Office Act 1969—

(a) in subsection (2)-

(i) for the words “Sections 280(9) and 281(1) to (3) and (6) of the Town and Country Planning Act 1971” there shall be substituted the words “Sections 324(8), 325(1) to (5), (8) and (9) of the Town and Country Planning Act 1990”;

(ii) for the words “section 280(1) to (8) thereof” there shall be substituted the words “section 324(1) to (7) and (9) thereof”;

(iii) for the words “the said section 280” there shall be substituted the words “the said section 324”;

(iv) in paragraph (a) for the words “section 280(9)” and the word “therein”, in both places where it occurs, there shall be substituted respectively the words “section 324(8)” and “in it”;

(v) in paragraph (b) for the words “section 281(1)” there shall be substituted the words “section 325(1)”;

(b) in subsection (4)—

(i) for the words “Section 179 of the Town and Country Planning Act 1971” there shall be substituted the words “Section 118 of the Town and Country Planning Act 1990”;

(ii) for the words “Part VIII of that Act” there shall be substituted the words “Part IV of that Act”.

(2) In paragraph 93(1) of Schedule 4 to that Act for the words from “Subject” to “1958” there shall be substituted the words “Subject to this exception, namely, that in relation to Scotland it shall not be so deemed for the purposes of section 271 of the Town and Country Planning Act 1990, as applied by section 13 of the Opencast Coal Act 1958”.

(3) In Schedule 9 to that Act—

(a) in paragraph 27—

(i) in sub-paragraph (7) (as it applies in England and Wales), for the words “Parts VII and XII of the Town and Country Planning Act 1971” there shall be substituted the words “Parts V and XII of the Town and Country Planning Act 1990”;

(ii) in sub-paragraph (9) (as it applies in England and Wales), for the words “section 34 of the Town and Country Planning Act 1971” there shall be substituted the words “section 69 of the Town and Country Planning Act 1990”;

(iii) in sub-paragraph (12)(a), for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”;

(iv) in sub-paragraph (14), for the words “Sections 41 and 42 of the Town and Country Planning Act 1971” there shall be substituted the words “Sections 91 and 92 of the Town and Country Planning Act 1990”;

(v) in sub-paragraph (15) (as it applies in England and Wales), for the words “Subsections (5) and (7) of section 43 of the Town and Country Planning Act 1971” there shall be substituted the words “Subsections (2) and (4) of section 93 of the Town and Country Planning Act 1990”; and for the words “sections 41 and 42 of that Act” there shall be substituted the words “sections 91 and 92 of that Act of 1990”;

(b) in paragraph 28—

(i) in sub-paragraph (1), for the words “section 266 of the Town and Country Planning Act 1971” and “section 27 of the said Act of 1971” there shall be substituted respectively the words “section 296 of the Town and Country Planning Act 1990” and “sections 66 and 67 of the said Act of 1990”;

(ii) in sub-paragraph (2), for the words “the said Act of 1971” there shall be substituted the words “the said Act of 1990”;

(c) in paragraph 29 for the words “paragraph 34 of Schedule 24 to the Town and Country Planning Act 1971” and “section 87 of the said Act of 1971” there shall be substituted respectively the words “paragraph 34 of Schedule 24 to the Town and Country Planning Act 1971 (as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions) Act 1990)” and “section 172 of the Town and Country Planning Act 1990”.

The Courts Act 1971 (c. 23)

25 In section 28(2) of the Courts Act 1971 for paragraph (b) there shall be substituted—

“(b) section 228(1) of the Town and Country Planning Act 1990 (power of Secretary of State to acquire compulsorily land necessary for the public service)”.

The Town and Country Planning (Amendment) Act 1972 (c. 42)

26 In section 10C(10) of the Town and Country Planning (Amendment) Act 1972, for the words “Section 2 of the Local Authorities (Historic Buildings) Act 1962” there shall be substituted the words “Section 58 of the Planning (Listed Buildings and Conservation Areas) Act 1990”.

The Town and Country Planning (Scotland) Act 1972 (c. 52)

27 (1) In section 47(1) of the Town and Country Planning (Scotland) Act 1972, for the words “section 48 of the Town and Country Planning Act 1971” there shall be substituted the words “section 101 of the Town and Country Planning Act 1990”.

(2) In Schedule 9 to that Act—

(a) in the Table in paragraph 1 for the words “section 225(1) of the Act of 1971” and “section 40 of the Act of 1971” there shall be substituted respectively the words “section 266(1) of the Act of 1990” and “section 90(1) of the Act of 1990”;

(b) in paragraph 2, for the words ““Act of 1971” means the Town and Country Planning Act 1971” there shall be substituted the words ““Act of 1990” means the Town and Country Planning Act 1990”;

(i) in sub-paragraph (2), for the words “section 35 of the Act of 1971”, “section 36 of the Act of 1971” and “section 29(2) or (3) of the Act of 1971” there shall be substituted respectively the words “section 77 of the Act of 1990”, “section 78 of the Act of 1990” and “section 71(1) or (2) of the Act of 1990”;

(ii) in sub-paragraph (3), for the words “section 40 of the Act of 1971” there shall be substituted the words “section 90(1) of the Act of 1990”;

(iii) in sub-paragraph (4), for the words “the Act of 1971” there shall be substituted the words “the Act of 1990”;

(d) in paragraph 9(b), for the words “section 48(1)(a), (b) or (c) of the Act of 1971” there shall be substituted the words “section 101(2)(a), (b) or (c) of the Act of 1990”;

(e) in paragraph 9(c)—

(i) for the words “the said section 48(1)(a) or (b)” there shall be substituted the words “the said section 101(2)(a) or (b)”;

(ii) for the words “section 29(2) or (3) of the Act of 1971” there shall be substituted the words “section 71(1) or (2) of the Act of 1990”;

(f) in paragraph 10—

(i) for the words “sections 35(5) and 36(4) of the Act of 1971” there shall be substituted the words “sections 77(5) and 79(2) of the Act of 1990”;

(ii) for the words “Schedule 9 to the Act of 1971” there shall be substituted the words “Schedule 6 to the Act of 1990”.

The Local Government Act 1972 (c. 70)

28 (1) In sections 122(2) and 126(4) of the Local Government Act 1972 for the words “section 121 of the Town and Country Planning Act 1971” and “the said section 121” there shall be substituted respectively the words “section 229 of the Town and Country Planning Act 1990” and “the said section 229”.

(2) In paragraph (a) of the definition of “local authority” in section 140A(2) of that Act, for the words “section 1 of the Town and Country Planning Act 1971” there shall be substituted the words “section 2 of the Town and Country Planning Act 1990”.

(3) In the definition of “open space” in section 270(1) of that Act, for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”.

(4) In the definition of “protected informant” in paragraph 1(1) of Part III of Schedule 12A to that Act, for the words “section 87(3) of the Town and Country Planning Act 1971” there shall be substituted the words “section 172(3) of the Town and Country Planning Act 1990”.

(5) In paragraph 55(7) of Schedule 16 to that Act for the words “paragraph 32 of this Schedule” there shall be substituted the words “paragraph 1 of Schedule 1 to the Town and Country Planning Act 1990”.

(6) In Schedule 17 to that Act—

(a) in paragraph 1 for the words “Schedule 1 to that Act” there shall be substituted the words “section 2 of the Town and Country Planning Act 1990”;

(b) in paragraph 2 for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990”;

(c) in paragraph 3 for the words “section 1 of the Town and Country Planning Act 1971” there shall be substituted the words “section 2 of the Town and Country Planning Act 1990”;

(d) in paragraph 4 for the words “section 1” there shall be substituted the words “section 2”;

(e) in paragraph 6 for the words “the Town and Country Planning Act 1971” and the words “Part V” there shall be substituted respectively the words “the Town and Country Planning Act 1990” and “Part VII”;

(f) in paragraph 7 for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”;

(g) in paragraph 15 for the words “section 1 of the Town and Country Planning Act 1971” there shall be substituted the words “section 2 of the Town and Country Planning Act 1990”;

(h) in paragraph 20 for the words “and the Town and Country Planning Act 1971” there shall be substituted the words “and the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Consequential Provisions) Act 1990”.

The Land Compensation Act 1973 (c. 26)

29 (1) In section 2(6) of the Land Compensation Act 1973—

(a) for the words “section 192(4)(a) of the Town and Country Planning Act 1971” there shall be substituted the words “section 149(3)(a) of the Town and Country Planning Act 1990”;

(b) for the words “section 207” there shall be substituted the words “section 171”;

(2) In section 5 of that Act—

(a) in subsection (2), for the words “Schedule 8 to the Town and Country Planning Act 1971” there shall be substituted the words “Schedule 3 to the Town and Country Planning Act 1990”;

(b) in subsection (3)—

(i) in paragraph (a), for the words “Part II of the said Schedule 8” there shall be substituted the words “Part II of the said Schedule 3” and for the words “section 169 of the said Act of 1971” there shall be substituted the words “section 114 of the said Act of 1990”;

(ii) in paragraph (b), for the words “the said section 169” there shall be substituted the words “the said section 114”;

(iii) in paragraph (c), for the words “section 51 of the said Act of 1971” and “section 170” there shall be substituted respectively the words “section 102 of or paragraph 1 of Schedule 9 to the said Act of 1990” and “section 115”;

(e) in subsection (5), for the words “the said Act of 1971” there shall be substituted the words “the said Act of 1990”.

(3) In section 26(6) of that Act, for the words “section 290(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 336(1) of the Town and Country Planning Act 1990”.

(4) In section 29(5) of that Act, for the words “section 192 of the Town and Country Planning Act 1971” there shall be substituted the words “section 149 of the Town and Country Planning Act 1990”.

(5) In section 34(6) of that Act, for the words “section 192 of the Town and Country Planning Act 1971” there shall be substituted the words “section 149 of the Town and Country Planning Act 1990”.

(6) In section 39(2) of that Act, for the words “section 192 of the Town and Country Planning Act 1971” there shall be substituted the words “section 149 of the Town and Country Planning Act 1990”.

(7) In section 46(2) of that Act—

(a) for the words “section 192(4)(a) of the Town and Country Planning Act 1971” there shall be substituted the words “section 149(3)(a) of the Town and Country Planning Act 1990”;

(b) for the words “section 207” there shall be substituted the words “section 171”;

(8) In section 51(6)(b) of that Act, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

(9) In section 53 of that Act—

(a) in subsection (4), after the words “(3) above” there shall be inserted the words “or such a notice is deemed to have been served by virtue of sections 137 to 144 of the Town and Country Planning Act 1990”; and

(b) in subsection (5) the words from “sections 180” to “or” shall be omitted.

(10) In section 58(1) of that Act, for the words “section 202(2) of the Town and Country Planning Act 1971” there shall be substituted the words “section 166(2) of the Town and Country Planning Act 1990”.

(11) In the definition of “agricultural unit” in section 87(1) of that Act for the words “section 207(1) of the Town and Country Planning Act 1971” there shall be substituted the words “section 171(1) of the Town and Country Planning Act 1990”.

The Employment and Training Act 1973 (c. 50)

30 In section 4 of the Employment and Training Act 1973—

(a) in subsection (3)(e), for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”; and

(b) in subsection (5)(d), for the words “the said Act of 1971” there shall be substituted the words “the said Act of 1990”.

The Control of Pollution Act 1974 (c. 40)

31 (1) In section 5(2) of the Control of Pollution Act 1974, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

(2) In section 105(3) of that Act, for the words “subsection (7) of section 266 of the Town and Country Planning Act 1971” there shall be substituted the words “subsection (1) of section 293 of the Town and Country Planning Act 1990”.

The House of Commons Disqualification Act 1975 (c. 24)

32 In Part II of Schedule 1 to the House of Commons Disqualification Act 1975, in the first entry relating to “A Planning Inquiry Commission”, for the words “Part III of the Town and Country Planning Act 1971” there shall be substituted the words “Part III of the Town and Country Planning Act 1990”.

The Coal Industry Act 1975 (c. 56)

33 In section 2(3) of the Coal Industry Act 1975, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Welsh Development Agency Act 1975 (c. 70)

34 (1) In section 7(1) of the Welsh Development Agency Act 1975, for the words “section 29 of the Town and Country Planning Act 1971” there shall be substituted the words “section 70 of the Town and Country Planning Act 1990”.

(2) In section 26 of that Act, for the words “section 266(7) of the Town and Country Planning Act 1971” and “that subsection” there shall be substituted respectively the words “section 293(1) and (2) of the Town and Country Planning Act 1990” and “those subsections”.

(3) In section 27(1) of that Act-

(a) in the definition of “the appropriate Minister”, for the words “section 224 of the Town and Country Planning Act 1971” there shall be substituted the words “section 265 of the Town and Country Planning Act 1990”;

(b) in paragraph (b) of the definition of “statutory undertakers”, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”.

The Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

35 (1) In section 7(5) of the Local Government (Miscellaneous Provisions) Act 1976—

(a) in paragraph (a)(i), for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990”;

(b) in paragraph (a)(iii), for the words “section 87 of that Act” there shall be substituted the words “section 172 of that Act”.

(2) In section 15(9) of that Act, for the words “section 280(7) of the Town and Country Planning Act 1971” there shall be substituted the words “section 324(6) of the Town and Country Planning Act 1990, section 88(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990”.

(3) In section 26(6) of that Act, for the words “section 222 of the Town and Country Planning Act 1971” there shall be substituted the words “section 263 of the Town and Country Planning Act 1990”.

The Race Relations Act 1976 (c. 74)

36 In section 19A(3)(a) of the Race Relations Act 1976, for the words “the Town and Country Planning Act 1971” there shall be substituted the words “the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Hazardous Substances) Act 1990”.

The Development of Rural Wales Act 1976 (c. 75)

37 (1) In section 30 of the Development of Rural Wales Act 1976, for the words “section 266(7) of the Town and Count