2012 No. 2029 (C. 80)
The Localism Act 2011 (Commencement No. 7 and Transitional, Saving and Transitory Provisions) Order 2012
Made
The Secretary of State for Communities and Local Government, in exercise of the powers conferred by section 240(2) and (7) of the Localism Act 20111, makes the following Order.
Citation and interpretation
1
This Order may be cited as the Localism Act 2011 (Commencement No. 7 and Transitional, Saving and Transitory Provisions) Order 2012.
2
In this Order—
“the 1990 Act” means the Town and Country Planning Act 19902;
“the 2004 Act” means the Planning and Compulsory Purchase Act 20043;
“the Act” means the Localism Act 2011;
“business referendum” means an additional referendum4 which, by virtue of paragraph 15(1) of Schedule 4B to the 1990 Act, must be held on the making of a neighbourhood development order or neighbourhood development plan;
“the commencement date” means the day after the day on which this Order is made; and
“corresponding residential referendum” means a referendum which, by virtue of paragraph 14 of Schedule 4B to the 1990 Act, must be held on the making of the same neighbourhood development order or neighbourhood development plan as the business referendum.
Provisions coming into force on the commencement date in relation to England and Wales3
Subject to article 5, the following provisions of the Act (so far as they are not yet in force) come into force in relation to England and Wales on the commencement date—
a
sections 116 and 121 and Schedules 9 to 12, but not for the purpose of holding a business referendum and its corresponding residential referendum under paragraphs 14 and 15 of Schedule 4B to the 1990 Act in a neighbourhood area which has been designated as a business area under section 61H of the 1990 Act5; and
b
Part 23 of Schedule 25 and section 237, so far as relating to that Part.
Revocation4
Article 12 of the Localism Act 2011 (Commencement Order No. 4 and Transitional, Transitory and Saving Provisions) Order 20126 is revoked with effect from the commencement date.
Neighbourhood planning: referendums in business areas5
Where a neighbourhood area has been designated as a business area under section 61H of the 1990 Act the duty to hold a business referendum and its corresponding residential referendum as to the making of a neighbourhood development order or a neighbourhood development plan imposed by paragraph 12(4) of Schedule 4B to the 1990 Act7 does not apply until regulations in relation to the conduct of business referendums are made under paragraph 16 of Schedule 4B to the 1990 Act.
Signed by authority of the Secretary of State for Communities and Local Government
(This note is not part of the Order)
(This note is not part of the Order)
Provision | Date of Commencement | S.I.No. |
---|---|---|
Section 1 partially and Schedule 1 as to England | 18th February 2012 4th April 2012 | |
Sections 2 to 7 as to England | 18th February 2012 | |
Section 8 as to England and Wales | 3rd December 2011 18th February 2012 | |
Sections 9 and 10 partially as to England and Wales | 18th February 2012 | |
Sections 11 to 14 as to England and Wales | 18th February 2012 | |
Sections 15 to 19 as to England and Wales | 3rd December 2011 15th January 2012 | |
Section 20 partially as to England and Wales | 3rd December 2011 15th January 2012 | |
Section 21 and Schedule 2 as to England and Wales | 3rd December 2011 15th January 2012 9th March 2012 4th May 2012 | |
Section 22 and Schedule 3 as to England and Wales | 15th January 2012 9th March 2012 4th May 2012 | |
Section 24 as to England and Wales | 15th January 2012 | |
Section 26 and Schedule 4 partially as to England and Wales | 31st January 2012 1st April 2012 7th June 2012 1st July 2012 | |
Sections 27 to 29 partially as to England and Wales | 7th June 2012 1st July 2012 | |
Section 30 partially as to England and Wales | 31st January 2012 | |
Section 30 as to England and Wales so far as not yet in force | 1st July 2012 | |
Sections 31 and 33 partially as to England and Wales | 7th June 2012 1st July 2012 | |
Section 35 partially as to England and Wales | 7th June 2012 | |
Section 36 partially as to England and Wales | 15th January 2012 | |
Section 46 as to England | 1st April 2012 | |
Sections 48 to 57 as to England, Wales, Scotland and Northern Ireland | 31st May 2012 | |
Section 68 and 69 as to England | 3rd December 2011 15th January 2012 1st April 2012 | |
Section 70 as to England and Wales | 15th January 2012 | |
Sections 72 to 79 and Schedules 5 to 7 as to England and Wales | 3rd December 2011 | |
Sections 81 to 85 partially as to England and Wales | 27th June 2012 | |
Section 115 as to England and Wales | 15th January 2012 | |
Sections 116 and 121 and Schedules 9 to 12 partially as to England and Wales | 15th January 2012 6th April 2012 | |
Sections 123 to 127 as to England and Wales | 15th January 2012 6th April 2012 | |
Sections 128 to 142 and Schedule 13 as to England, Wales and Scotland | 15th January 2012 1st April 2012 | |
Section 145 to 147 partially as to England and Wales | 15th January 2012 7th June 2012 | |
Sections 150 to 153 as to England and Wales | 15th January 2012 18th June 2012 15th January 2013 | |
Sections 154 and 155 as to England and Wales | 15th January 2012 1st April 2012 | |
Sections 156 to 161 and Schedule 14 as to England and Wales | 15th January 2012 1st April 2012 4th April 2012 | |
Section 162 partially as to England and Wales | 1st April 2012 | |
Sections 163 and 164 | 1st April 2012 | |
Section 165 partially as to England and Wales | 15th January 2012 | |
Section 165 as to England and Wales so far as not yet in force | 1st April 2012 | |
Section 166 as to England and Wales | 1st April 2012 | |
Section 176 as to England and Wales | 15th January 2012 | |
Sections 178 and 179 and Schedules 16 and 17 as to England and Wales | 15th January 2012 1st April 2012 | |
Section 184 as to England and Wales | 6th April 2012 | |
Section 185 as to England and Wales | 1st April 2012 | |
Sections 186 to 195 as to England and Wales | 15th January 2012 31st March 2012 1st April 2012 3rd May 2012 | |
Section 197 partially as to England and Wales | 15th January 2012 | |
Sections 223 to 231 and Schedule 23 as to England and Wales | 15th January 2012 3rd May 2012 | |
Section 232 as to England and Wales | 6th April 2012 | |
Section 233 and Schedule 24 as to England and Wales | 30th March 2012 | |
Section 237 partially and Parts 1, 2 (partially), 3 to 5, 7, 9 to 13, 18 to 21, 26, 27, and 30 to 34 of Schedule 25 as to England and Wales | 15th January 2012 31 January 2012 18th February 2012 9th March 2012 31st March 2012 1st April 2012 4th April 2012 6th April 2012 3rd May 2012 7th June 2012 |