Section 54A “Developments of national significance” etc.: special procedureF1

Scotland

(F21)

Subsection (4) below applies to a harbour revision order or harbour empowerment order which falls within subsection (2) below.

(2)

F3An order falls within this subsection if—

(a)

F4it authorises the carrying out of work which would constitute a national development; or

(b)

F5it is the subject of a direction by the Scottish Ministers under this paragraph.

(3)

In subsection (2) above and subsection (5) below, references to a “national development” are to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the time being designated under section 3A(4)(b) of that Act as a national development.

(F64)

The order is subject to the affirmative procedure.

(5)

F7An order (“the new order”) which revokes, amends or re-enacts an F8order (“the old order”) which was subject to the affirmative procedure by virtue of subsection (4) above is subject to the procedure in that subsection only if—

(a)

the F9new order authorises the carrying out of work which would constitute a national development (other than a national development to which the F10old order relates); or

(b)

the Scottish Ministers so direct.

Annotations

Textual amendments

F1: S. 54A inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(3), 30(4); S.S.I. 2007/516, art. 2
F2: S. 54A(1) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(a) (with art. 8)
F3: Words in s. 54A(2) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(b)(i) (with art. 8)
F4: Word in s. 54A(2)(a) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(b)(ii) (with art. 8)
F5: Word in s. 54A(2)(b) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(b)(iii) (with art. 8)
F6: S. 54A(4) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(c) (with art. 8)
F7: Words in s. 54A(5) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(d)(i) (with arts. 8, 9)
F8: Words in s. 54A(5) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(d)(ii) (with arts. 8, 9)
F9: Word in s. 54A(5)(a) inserted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(d)(aa)(iii) (with arts. 8, 9)
F10: Words in s. 54A(5)(a) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(d)(bb)(iii) (with arts. 8, 9)