Chapter 4: Grant and Implementation of Planning Permission Chapter 6: Other Provision Section 130: Regulations and orders under the Planning Acts Background
This section concerns technical legal amendments to the general powers to make statutory instruments contained in the Town and Country Planning Act, the Planning (Listed Buildings and Conservation Areas) Act and the Planning (Hazardous Substances) Act 1990 ("the relevant Acts"). It is concerned with providing express powers to make ancillary provision when exercising powers to make statutory instruments under the relevant Acts.
	The current general powers to make statutory instruments (as Regulations or Orders) under the relevant Acts do not expressly refer to making ancillary provision. These amendments would correct that omission. It is usual/standard practice to expressly provide for ancillary provision to be made when exercising powers to make statutory instruments. This avoids the need to rely on implied powers. The legislative aim of this amendment is to make the legal position clear and express. The amendments do not affect the Parliamentary process which applies whenever the statutory instrument powers are exercised.