Levelling-up and Regeneration Act 2023 in Scotland
2023 c. 55 · Enacted 26 October 2023 · Extends to United Kingdom
An Act to make provision for the setting of levelling-up missions and reporting on progress in delivering them; about local democracy; about town and country planning; about Community Infrastructure Levy; about the imposition of Infrastructure Levy; about environmental outcome reports for certain consents and plans; about nutrient pollution standards; about regeneration; about the compulsory purchase of land; about information and records relating to land, the environment or heritage; about the registration of short-term rental properties; for the provision for pavement licences to be permanent; about governance of the Royal Institution of Chartered Surveyors; about the charging of fees in connection with marine licences; for a body to replace the Health and Safety Executive as the building safety regulator; about the transfer of land for Academy schools; about the review of maps of open country and registered common land; about the regulation of childminding; about qualifying leases under the Building Safety Act 2022; about road user charging schemes in London; about National Parks, areas of outstanding natural beauty and the Broads; and for connected purposes.
[26th October 2023]
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Levelling-up missions
- Setting missions
- 1Statement of levelling-up missions
- 2Statement of levelling-up missions: devolution
- Reporting on missions
- 3Annual etc reports on delivery of levelling-up missions
- 4Reports: Parliamentary scrutiny and publication
- Revision of methodology and metrics or target dates
- 5Changes to mission progress methodology and metrics or target dates
- Review of missions
- 6Reviews of statements of levelling-up missions
- Levelling-up funding
- 7Levelling Up Fund Round 3
- General
- 8Interpretation of Part 1
- 13ADecision-making
- 13BValidity of proceedings
- 17AThe functions of CCAs
- Collaboration
- 17BMayoral power to convene meetings with local partners
- 17CRequest to collaborate
- 17DResponding to a collaboration request
- 17ECollaboration requests made by or to several mayors
- 23AHighways and traffic functions: directions by mayors
- 23BContraventions of section 23A
- 24AHealth improvement and health inequalities duty
- 24BCo-operation with local government pension scheme managers
- 24CPowers not limited by other provision or powers
- 24DNon-mayoral CCA: consent to budget
- 24ENon-mayoral CCA: functions imposing financial liability
- 25ADesignation as an established mayoral strategic authority
- 29AAppointment of commissioners by the mayor
- 30ALimitation on delegation of mayoral functions
- Mayoral CCAs: local growth plans
- 32ALocal growth plans
- 32BSecretary of State guidance on local growth plans
- 32CPublic authorities: duty to have regard to shared local growth priorities
- 33AThe “eligibility” and “transfer” conditions
- 48ARequirements in connection with boundary changes or dissolution of CCA
- 48BRelevant consenting authorities in relation to regulations under section 25
- 48CRelevant consenting authorities in relation to regulations under section 26
- 52AAllowances for members with special responsibilities
- Part 3: Planning
- Chapter 1: Planning data
- 84Power in relation to the processing of planning data
- 85Power in relation to the provision of planning data
- 86Power to require certain planning data to be made publicly available
- 87Power to require use of approved planning data software in England Not yet in force
- 88Disclosure of planning data does not infringe copyright in certain cases Not yet in force
- 89Requirements to consult devolved administrations
- 90Planning data regulations made by devolved authorities
- 91Interpretation of Chapter
- Chapter 2: Development plans etc
- Development plans and national policy
- 92Development plans: content
- 93Role of development plan and national policy in England Not yet in force
- 94National development management policies: meaning
- Spatial development strategy for London Not yet in force
- 95Contents of the spatial development strategy Not yet in force
- 96Adjustment of terminology Not yet in force
- Local planning
- 97Plan making
- Neighbourhood planning
- 98Contents of a neighbourhood development plan
- 99Neighbourhood development plans and orders: basic conditions
- Requirement to assist with plan making
- 100Requirement to assist with certain plan making
- Minor and consequential amendments
- 101Minor and consequential amendments in connection with Chapter 2
- Chapter 3: Heritage
- 102Regard to certain heritage assets in exercise of planning functions Not yet in force
- 103Temporary stop notices in relation to listed buildings
- 104Urgent works to listed buildings: occupied buildings and recovery of costs Not yet in force
- 105Removal of compensation for building preservation notice
- Chapter 4: Grant and implementation of planning permission
- 106Street votes
- 107Street votes: community infrastructure levy
- 108Street votes: modifications of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017
- 109Crown development
- 110Material variations in planning permission Not yet in force
- 111Development commencement notices
- 112Completion notices
- 113Power to decline to determine applications in cases of earlier non-implementation etc
- 114Condition relating to development progress reports
- Chapter 5: Enforcement of planning controls
- 115Time limits for enforcement
- 116Duration of temporary stop notices
- 117Enforcement warning notices
- 118Restriction on appeals against enforcement notices
- 119Undue delays in appeals
- 120Penalties for non-compliance
- 121Power to provide relief from enforcement of planning conditions
- Chapter 6: Other provision
- 122Consultation before applying for planning permission
- 123Duty in relation to self-build and custom housebuilding
- 124Powers as to form and content of planning applications
- 125Additional powers in relation to planning obligations Not yet in force
- 126Fees for certain services in relation to nationally significant infrastructure projects
- 127Power to shorten deadline for examination of development consent order applications
- 128Additional powers in relation to non-material changes to development consent orders
- 129Hazardous substances consent: connected applications to the Secretary of State
- 130Regulations and orders under the Planning Acts
- 131Power for appointees to vary determinations as to procedure
- 132Pre-consolidation amendment of planning, development and compulsory purchase legislation
- 133Participation in certain proceedings conducted by, or on behalf of, the Secretary of State
- 134Power of certain bodies to charge fees for advice in relation to applications under the Planning Acts Not yet in force
- 135Biodiversity net gain: pre-development biodiversity value and habitat enhancement
- Part 6: Environmental outcomes reports
- Setting environmental outcomes
- 152Power to specify environmental outcomes
- Power to require environmental outcomes reports
- 153Environmental outcomes reports for relevant consents and relevant plans
- Defining the consents and plans to which this Part applies
- 154Power to define “relevant consent” and “relevant plan” etc
- Assessment and monitoring
- 155Assessing and monitoring impact on outcomes etc
- Safeguards, devolution and exemptions
- 156Safeguards: non-regression, international obligations and public engagement
- 157Requirements to consult devolved administrations
- 158EOR regulations: devolved authorities
- 159Exemptions for national defence and civil emergency etc
- Enforcement
- 160Enforcement
- Reporting
- 161Reporting
- General
- 162Public consultation etc
- 163Guidance
- 164Interaction with existing environmental assessment legislation and the Habitats Regulations
- 165Consequential repeal of power to make provision for environmental assessment
- 166EOR regulations: further provision
- 167Interpretation of Part 6
- Part 8: Development corporations
- Local authority proposals and oversight
- 171Locally-led urban development corporations
- 172Development corporations for locally-led new towns Not yet in force
- 173Minor and consequential amendments Not yet in force
- Planning functions
- 174Planning functions of urban development corporations
- 175Planning functions of new town development corporations
- 176Mayoral development corporation as minerals and waste planning authority
- 177Minor and consequential amendments
- Membership
- 178Removal of restrictions on membership of urban development corporations and new town development corporations
- Finance
- 179Removal of limits on borrowing of urban development corporations and new town development corporations
- Part 11: Information about interests and dealings in land
- 219Power to require provision of certain classes of information
- 220The beneficial ownership purpose
- 221The contractual control purpose
- 222The national security purpose
- 223Requirements may include transactional information
- 224Use of information
- 225Offences
- 226Enforcement of requirements
- 227Interpretation of Part 11
- Part 12: Miscellaneous
- 231Review of governance etc of RICS
- 232Marine licensing
- 239Amendments of Schedule 7B to the Government of Wales Act 2006
- 242Report on enforcement of the Vagrancy Act 1824
- 244Road user charging schemes in London Not yet in force
- Part 13: General
- 246Data protection
- 247Crown application
- 248Amendments of references to “retained direct EU legislation”
- 249Abbreviated references to certain Acts
- 250Power to make consequential provision
- 251Power to address conflicts with the Historic Environment (Wales) Act 2023
- 252Regulations
- 253Financial provisions
- 254Extent
- 255Commencement and transitional provision
- 256Short title
- 4AParagraph 4A
- Schedule 2A: Commissioners
- 1Application of Schedule
- 2Persons ineligible for appointment
- 3Terms and conditions of appointment
- 4Commissioner to work in only one area of competence
- 5Duration of appointment
- 6Limitation on delegation of functions
- 7Allowances
- 8Ending of appointment
- 9Role of overview and scrutiny committees
- 10Powers of appointment and termination exercisable on behalf of the CCA
- 11Guidance
- Schedule 6: Determinations and other decisions: having regard to national development management policies Not yet in force
- 1Town and Country Planning Act 1990 Not yet in force
- 2Town and Country Planning Act 1990 Not yet in force
- 3Town and Country Planning Act 1990 Not yet in force
- 4Town and Country Planning Act 1990 Not yet in force
- 5Town and Country Planning Act 1990 Not yet in force
- 6Town and Country Planning Act 1990 Not yet in force
- 7Town and Country Planning Act 1990 Not yet in force
- 8Town and Country Planning Act 1990 Not yet in force
- 9Town and Country Planning Act 1990 Not yet in force
- 10Town and Country Planning Act 1990 Not yet in force
- 11Town and Country Planning Act 1990 Not yet in force
- 12Town and Country Planning Act 1990 Not yet in force
- 13Town and Country Planning Act 1990 Not yet in force
- 14Planning (Hazardous Substances) Act 1990 Not yet in force
- 15Greater London Authority Act 1999 Not yet in force
- Schedule 7Plan making
- Schedule 8: Minor and consequential amendments in connection with Chapter 2 of Part 3
- 1Local Government Act 1972
- 2Town and Country Planning Act 1990
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Greater London Authority Act 1999
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Planning and Compulsory Purchase Act 2004
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Commons Act 2006
- 28Planning and Energy Act 2008
- 29Paragraph 29
- 30Paragraph 30
- 31Marine and Coastal Access Act 2009
- 32Waste (England and Wales) Regulations 2011 (S.I. 2011/988)
- 33Housing and Planning Act 2016 Not yet in force
- 34Paragraph 34 Not yet in force
- 35Paragraph 35 Not yet in force
- 36Paragraph 36 Not yet in force
- 37Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012)
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- Schedule 9: Street votes: minor and consequential amendments
- 1Town and Country Planning Act 1990
- 2Planning (Listed Buildings and Conservation Areas) Act 1990 Not yet in force
- 3Elections Act 2022 Not yet in force
- 4The Conservation of Habitats and Species Regulations 2017 Not yet in force
- Schedule 10: Crown development: consequential amendments
- 1Town and Country Planning Act 1990 (c. 8)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Housing and Planning Act 2016 (c. 22)
- Schedule 11: Completion notices: consequential amendments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule 13: Regulations under Chapter 1 of Part 3 or Part 6: restrictions on devolved authorities
- 1No power to make provision outside devolved competence
- 2Requirement for consent where it would otherwise be required
- 3Requirement for joint exercise where it would otherwise be required
- 4Requirement for consultation where it would otherwise be required
- 5Meaning of devolved competence
- 6Meaning of devolved competence
- 7Meaning of devolved competence
- 8Interpretation
- Schedule 14: Existing environmental assessment legislation
- 1United Kingdom and England and Wales
- 2Scotland
- 3Wales
- 4Northern Ireland
- Schedule 16: Locally-led development corporations: minor and consequential amendments Not yet in force
- 1Local Government, Planning and Land Act 1980 (c. 65) Not yet in force
- 2Local Government, Planning and Land Act 1980 (c. 65) Not yet in force
- 3Local Government, Planning and Land Act 1980 (c. 65) Not yet in force
- 4Local Government, Planning and Land Act 1980 (c. 65) Not yet in force
- 5Local Government, Planning and Land Act 1980 (c. 65) Not yet in force
- 6New Towns Act 1981 (c. 64) Not yet in force
- 7New Towns Act 1981 (c. 64) Not yet in force
- 8New Towns Act 1981 (c. 64) Not yet in force
- 9New Towns Act 1981 (c. 64) Not yet in force
- Schedule 17: Planning functions of development corporations: minor and consequential amendments
- 1New Towns Act 1981 (c. 64)
- 2Town and Country Planning Act 1990 (c. 8)
- 3Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- 4Planning (Hazardous Substances) Act 1990 (c. 10)
- 5Localism Act 2011 (c. 20)
- Schedule 24: Regulations under Chapter 1 of Part 3 or Part 6: form and scrutiny
- Part 1: Statutory Instruments and statutory Rules
- 1Paragraph 1
- Part 2: Scrutiny of regulations
- 2Scrutiny of regulations made by Secretary of State or devolved authority acting alone
- 3Scrutiny of regulations made by Secretary of State or devolved authority acting alone
- 4Scrutiny of regulations made by Secretary of State or devolved authority acting alone
- 5Scrutiny of regulations made by the Secretary of State and devolved authority acting jointly
- 6Scrutiny of regulations made by the Secretary of State and devolved authority acting jointly
- 7Scrutiny of regulations made by the Secretary of State and devolved authority acting jointly
- 8Interpretation