Planning and Development (Amendment) Act 2018

1.

Short title, collective citation, construction and commencement

1. (1) This Act may be cited as the Planning and Development (Amendment) Act 2018.

(2) This Act, other than Part 4 and Schedule 3 at reference numbers 12 to 18, and the Planning and Development Acts 2000 to 2017 may be cited together as the Planning and Development Acts 2000 to 2018 and shall be construed together as one.

(3) This Act (other than section 2 and Part 4 and where otherwise expressly provided for) comes into operation on such day or days as the Minister may appoint by order or orders, either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

Annotations:

Modifications (not altering text):

C1

Certain commencement arrangements qualified (15.07.2019) by Local Government Rates and other Matters Act 2019 (24/2019), s. 23, S.I. No. 355 of 2019.

Certain regional spatial and economic strategies

23. (1) Notwithstanding paragraphs (a) and (b) of Article 2 of the Planning and Development (Amendment) Act 2018 (Commencement) Order 2019 (S.I. No. 133 of 2019)—

(a) sections 31AQ and 31AR (inserted by section 4 of the Act of 2018) of the Act of 2000, and

(b) the specified amendment,

shall, in so far only as they apply in relation to a relevant instrument, be deemed never to have come into operation.

(2) Section 31A (as, by virtue of subsection (1), it is deemed to operate in relation to a relevant instrument) of the Act of 2000 is amended, in so far only as it applies in relation to a relevant instrument, by—

(a) the substitution, in subsection (3), of “6 weeks” for “4 weeks”,

(b) the substitution—

(i) in paragraph (a) of subsection (10), of “Minister” for “Office of the Planning Regulator”, and

(ii) in paragraph (b) of subsection (10), of “Office of the Planning Regulator” for “Minister”,

(c) in subsection (19), by the substitution of—

(i) “assembly” for “authority” in each place that it occurs,

(ii) “assemblies” for “authorities”, and

(iii) “assembly’s” for “authority’s”,

and

(d) the insertion of the following subsection:

“(21) The Minister may, at any time, request the Office of the Planning Regulator to—

(a) advise him or her in relation to any matter in connection with a regional spatial and economic strategy or any report under this section, or

(b) prepare, and submit to the Minister, a report in relation to any such matter,

and the Office of the Planning Regulator shall, within such period as the Minister shall specify, comply with that request.”,

and the said section 31A as so amended in relation to a relevant instrument is set out in the Table to this section.

(3) In this section—

“Act of 2000” means the Planning and Development Act 2000 ;

“Act of 2018” means the Planning and Development (Amendment) Act 2018 ;

“relevant instrument” means—

(a) a notice in respect of which the functions under subsection (2) of section 24 of the Act of 2000 were performed (in whole or in part) by a regional assembly before 3 April 2019,

(b) a notice or draft regional spatial and economic strategy in respect of which the functions under subsection (4) of the said section 24 were performed (in whole or in part) by a regional assembly before that date, or

(c) any regional spatial and economic strategy made before that date;

“specified amendment” means the amendment of section 31A of the Act of 2000 specified in column (3) of Schedule 1 of the Act of 2018 opposite reference numbers 36, 37, 38, 39, 40, 43, 44 and 45 specified in column (1) of that Schedule.

Editorial Notes:

E1

Power pursuant to subs. (3) exercised (8.02.2020) by Planning and Development (Amendment) Act 2018 (Commencement) Order 2020 (S.I. No. 44 of 2020).

2. The day immediately following the day on which this Order is made is appointed to be the day on which section 8 of the Planning and Development (Amendment) Act 2018 (No. 16 of 2018) shall come into operation.

E2

Power pursuant to subs. (3) exercised (3.04.2019) by Planning And Development (Amendment) Act 2018 (Commencement) Order 2019 (S.I. No. 133 of 2019).

2. The 3rd day of April 2019 is appointed to be the day on which the following provisions of the Planning and Development (Amendment) Act 2018 (No. 16 of 2018) shall come into operation:

(a) Part 2;

(b) section 5 and Schedule 1 (except to the extent that they relate to the amendments of the Principal Act specified in column (3) of that Schedule opposite reference numbers 3, 4, 5, 6, 11, 12 and 16 in column (1) of that Schedule);

(c) paragraph (c) of subsection (5) of section 23; and

(d) section 45.

E3

Power pursuant to section exercised (22.10.2018) by Planning and Development (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 436 of 2018).

2. The 22nd day of October 2018 is appointed to be the day on which the following provisions of the Planning and Development (Amendment) Act 2018 (No. 16 of 2018) shall come into operation:

(a) Part 1 in so far as it is not already in operation;

(b) Part 3 (other than paragraph (c) of section 21, subsection (4) of section 23, paragraph (c) of subsection (5) of section 23, and sections 5, 8, 33, 34, 40, 42, 45 and 49) in so far as it is not already in operation;

(c) Part 5; and

(d) Schedules 2, 3 and 4.