Chapter 4: Grant and Implementation of Planning Permission Chapter 6: Other Provision Section 130: Regulations and orders under the Planning Acts Effect
This section makes amendments to the general powers to make statutory instruments under the Town and Country Planning Act, the Planning (Listed Buildings and Conservation Areas) Act and the Planning (Hazardous Substances) Act 1990 ("the relevant Acts"). The effect of these amendments is to provide express powers to make ancillary provision – namely, consequential, supplementary, incidental, transitional, transitory or saving provision.
	These amendments are required to avoid having to rely on implied powers to make necessary ancillary provision when making a statutory instrument and so make the legal position clear and coherent. Express power to make ancillary provision is necessary so that the statutory instrument can make effective provision to achieve its purpose and so that the power to make secondary legislation is capable of being exercised in a satisfactory way. For example, when varying or revoking a statutory instrument it is necessary to, at least, make the required transitional provision.
	Subsection (1) of this section makes amendments to the general powers to make statutory instruments (as Regulations or Orders) contained in section 333 of the Town and Country Planning Act 1990. The amendments insert new subsections (2B) and (8) in that section of that Act which provide express powers to make ancillary provision (i.e. consequential, supplementary, incidental, transitional, transitory or saving provision). Subsections (2) and (3) of this section make consequential amendments. Subsection (3) repeals certain provisions in the 1990 Act which are no longer required given the amendments made in subsection (1); and subsection (2) makes an amendment to section 238(5)(c) of the 1990 Act to provide for the application of new section 333(2B) of that Act, whilst retaining the specific reference to the "closing of registers".
	Subsection (4) makes amendments to section 93 of The Planning (Listed Buildings and Conservation Areas) Act 1990 ("the Listed Buildings Act") to provide express powers for ancillary provision. Subsection (5) repeals certain provisions in the Listed Buildings Act which are no longer required given the amendments made in subsection (4).
	Subsection (6) makes amendments to section 40 of the Planning (Hazardous Substances) Act 1990 ("the Hazardous Substances Act") by insertion of subsection (5) to provide express powers for ancillary provision (and amends the heading of the section to include orders in addition to regulations). Subsection (7) makes consequential amendment to section 5 of the Hazardous Substances Act to provide at subsection (3) that powers to make transitional provision are powers under section 40(5) of that Act. Subsection (8) repeals certain provisions which are consequential to the insertion of subsection (5) into section 40 of the Hazardous Substances Act.