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

2 
The following provisions of the Housing
and Planning Act 1986
shall come into force on 7th January 1987 (“the commencement date”)—

(a) the provisions of 
Part I of the Act (housing) specified in 
Schedule 1 to this order, subject to the transitional
provisions specified in that Schedule;
(b) the provisions of 
Part III of the Act (financial assistance for
urban regeneration); and
(c) the provisions of 
Part VI of the Act (miscellaneous provisions)
specified in Schedule 2
to this order, subject to the transitional provisions specified in that Schedule.

SCHEDULE 1
1 
Sections
1 to 4.
2 
Sections
10 to 14.
3 
Sections 16
and 17.
4 
Sections 19
and 20.
5 
Sections 22
and 23.
6 
The following provisions of 
section 24—
(a) Section
24(1), insofar as it relates to paragraphs 1 to 7 of Schedule 5;

(b) Section
24(2), insofar as it relates to 
paragraphs 14, 15, 
17, 21 to 26, 
28, 30, 
32, 33, 
39, 41 and 
42 of Schedule 5; and
(c) Section
24(3) insofar as it relates to the repeals
specified in the Table below.

TABLE
Chapter
 Short title Extent of repeal

1975 c.28. 
Housing Rents and Subsidies (Scotland) Act 1975.
 Section
5(6).
1977 c.42.
 Rent Act
1977. 
In section 70(1),
the word “and” before 
paragraph (b).
1980 c.51.
 Housing
Act 1980. 
Section 56(3).
1981 c.64.
 New Towns
Act 1981. 
Section 43(3) and (4).
Section 49(b)
and (c).
1985 c.68.
 Housing
Act 1985. 
Section 30(2).
Section 46.In 
section 127, the word “and”
 at the end of paragraph (a).
In Schedule 4, in 
paragraph 7(1), the words from “a
housing co-operative” to “management functions)”
. In Schedule 6,
in paragraph 14(2), the
words following paragraph (c).


1985 c.71. 
Housing (Consequential Provisions) Act 1985.
 In Schedule
2, paragraphs 27, 35(3),
and 45(2).
Transitional provisions

Paragraph 11 of Schedule 5 to the 
Housing Act 1985 shall have effect as originally
enacted (and not as substituted by section 1
 of the Housing and Planning Act 1986
) in relation to:—
(1) the exercise of the right to buy in pursuance
of a notice under section 122
of the Housing Act 1985
served before the commencement date;
(2) the determination of whether a tenant
is a tenant to whom section
45 of the Housing Associations Act
1985 applies where that tenant has, before
the commencement date, made application to a registered housing association
for that association to make a disposal to him at a discount under such a
project as is mentioned in section 45(1)
of that Act.
SCHEDULE 2
1 
Sections
44 to 48.
2 
Section 49,
insofar as it relates to paragraphs
1 to 7, 10 to 14, 16 to 18, 
20 to 22, 24 and 
25 in Part I of Schedule 11
and the repeals specified in Part I
of the Table below.
3 
Section 53,
insofar as it relates to paragraphs
28 to 38, 41 to 56
and 59 to 62 in 
Part II of Schedule 11 and the repeals specified
in Part II of
the Table below.
4 
Sections 54
and 55.

TABLEPART I ENGLAND AND WALES
Chapter Short title Extent of repeal
62 & 63 Vict. c. 19.
 Electric
Lighting (Clauses) Act 1899. In the Schedule, in section
10(b), the words “and the express
consent of the local authority also”.
16 & 17 Geo. 5 c.
51. 
Electricity (Supply) Act 1926. In Schedule 6,
the entry relating to section 21
of the Electricity (Supply) Act 1919.


8 & 9 Geo. 6 c. 43. Requisitioned Land and War
Works Act 1945. Section 52.


10 & 11 Geo. 6 c. 51. Town and Country Planning Act
1947. 
In Schedule 8,
the entry relating to section 21
of the Electricity (Supply) Act 1919.


10 & 11 Geo. 6 c. 54. Electricity Act 1947.
 In Part
I of Schedule 4, the entry relating to 
section 21 of the Electricity (Supply)
Act 1919.
11 & 12 Geo. 6 c. 17 Requisitioned Land
and War Works Act 1948 In the Schedule, paragraph
10.

5 & 6 Eliz. 2 c. 48. Electricity Act 1957.
 In section
33(3), the words “and the next
following”.

1971 c. 78. 
Town and Country Planning Act 1971. In section 29A—

 (a) in subsection (2),
the definition of “the Code of Practice
for Access of the Disabled to Buildings”
;
 (b) subsection (3).
Section 29B(2)
and (3).
In section 32(2),
in the proviso, the words “of 
sections 66 to 86”.Sections 66 to 86.
Section 88B(4).
Section 105(1)(c).
In section 147(3),
the words from “or in respect of” to the end.Section 151.
Section 165(4).
In section 169—

 (a) subsection (5);

 (b) in subsection (7),
the words from “and no compensation” to the end.
In section 180(4),
the words from “and no account” to the end.Section 185.
Section 191(2).
In section 237(5),
the words from “and no compensation” to the end.
Sections
250 to 252.In 
section 260(1)(d), the words “grants
in accordance with regulations made under section
250 of this Act or”.In section 287—

 (a) in subsection (4),
the words “69, 73(6), 74(4), 75(8)”;
 (b) in subsection (5)(b),
the words “69, 73(6), 75(8) or” and the words from 
“or an order under section 74(4)”
 to the end;
 (c) subsection (7).
In section 290(1)—

 (a) in the definition of “building”, the
words in parenthesis;
 (b) the definition of “industrial development certificate”
.Schedules 12 and 
13.In 
Schedule 21—
 (a) in Part I,
the references to sections 250, 
251(1) and 252;

 (b) in Part II,
the references to sections 79 to
81;
 (c) in Part III,
the references to sections 72
and 251(2) to (5);

 (d) in Part V,
the references to sections 72
and 73 to 86.
In Schedule 24, paragraphs 20A, 26 to 30 and 70.


1972 c. 42. 
Town and Country Planning (Amendment) Act 1972.
 Sections
5 and 6.


1972 c. 70. 
Local Government Act 1972. In section 182(1),
the words from “(2A)” to the end.
1974 c. 7.
 Local Government
Act 1974. 
In Schedule 6, paragraph 25(4).


1974 c.32. 
Town and Country Amenities Act 1974. Section 3(1).


1977 c. 40. 
Control of Office Development Act 1977. The whole Act.
1980 c. 65.
 Local Government,
Planning and Land Act 1980. In section 134—

 (a) in subsection (1),
the words “Subject to subsection
(2) below,”;
 (b) subsection (2).
In Schedule 14, paragraphs
6 to 8.In 
Schedule 15, paragraphs 1 and 16.
In Part I of Schedule
29, in the entry relating to 
section 65, the word “waste”
.

1982 c. 52. 
Industrial Development Act 1982. Section 15(1)(b).
In Part II of Schedule
2, paragraph 7(1).
1985 c. 51.
 Local Government
Act 1985. 
Section 3(2).
PART II

SCOTLAND

Chapter Short title Extent of repeal
1972 c.52.
 Town and
Country Planning (Scotland) Act 1972. In section 29(2),
in the proviso, the words “of 
sections 64 to 83”.In section 63(1A),
the words from “; and references” to “construed”
.
Sections 64 to 83.
Section 85(8).In 
section 136(3) the words from “or
in respect of” to the end.
Section 140.
Section 154(4).In 
section 158—
 (a) Subsection (5).

 (b) In subsection (7)
the words from “and no compensation” to the end.
In section 169(4)
the words from “and no account” to the end.Section 174.
Section 180(2).
In section 226(5)
the words from “and no compensation” to the end.
Section 231(2)(e).
In section 233(3),
the words “(other than an order under 
section 203(1)(a) of this Act)”.
Sections
237 to 239.In 
section 247(1)(d), the words from “in
accordance” to “grants”.In section 273—

 (a) In subsection (4),
the words “67, 71(6), 72(4), 73(8)”.
 (b) In subsection (5)
the words “67, 71(6), 73(8)”.
 (c) Subsections (7)
and (8).In section 275(1)—

 (a) In the definition of “building” the words 
“, except in sections 71 to
83 of this Act,”.
 (b) the definition of “industrial development certificate”
.In Schedule 19—

 (a) in Part I,
the reference to sections 237, 
238(1) and 239;

 (b) in Part II,
the references to sections 77 to
79 and 83;

 (c) in Part III,
the reference to section 70.
In Schedule 22, paragraphs
22 to 25 and 60.


1980 c.65. 
Local Government, Planning and Land Act 1980.
 In section
134(1) the words “Subject to 
subsection (2) below,”.In Part I of Schedule 30,
in the entry relating to section 63,
the word “waste”.
1982 c.52.
 Industrial
Development Act 1982. Section 15(1)(b).
Paragraph 10 of Part II
of Schedule 2.
Transitional Provisions


Section 21 of the Electricity Supply
Act 1919 and 
section 34 of the Electricity Act 1957
 shall continue to have effect as enacted immediately
before the commencement date (and not as substituted or amended by 
section 44(1) and (2)
of the Housing and Planning Act 1986)
in relation to applications for consent or authorisation made before the commencement
date.
Nicholas Ridley
Secretary of State for the Environment
16th December 1986Nicholas Edwards
Secretary of State for Wales
16th December 1986Malcolm Rifkind
Secretary of State for Scotland
17th December 1986