{
  "url": "https://openlegislation.uk/planning-and-compensation-act-1991-commencement-no-2-and-transitional-provisions-scotland-order-1991/note",
  "json_url": "https://openlegislation.uk/planning-and-compensation-act-1991-commencement-no-2-and-transitional-provisions-scotland-order-1991/note.json",
  "legislation": "uksi/1991/2092",
  "legislation_title": "The Planning and Compensation Act 1991 (Commencement No. 2 and Transitional Provisions) (Scotland) Order 1991",
  "legislation_url": "https://openlegislation.uk/planning-and-compensation-act-1991-commencement-no-2-and-transitional-provisions-scotland-order-1991",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order brings into force on 25th September 1991 the following provisions of the Planning and Compensation Act 1991–\nsection 47 (power of planning authority to decline to determine applications);\nsection 48 (assessment of environmental effects);\nsection 50 (dismissal of appeals in cases of undue delay);\nsection 57 (listed buildings, conservation areas and hazardous substances) and Schedule 10 in so far as they relate to paragraphs 1 and 2 of that Schedule;\nsection 60(1), (4), (6), (7) and (8) (repeal of certain compensation provisions of the Town and Country Planning (Scotland) Act 1972) and Schedule 12;\nsection 61 (planning: minor and consequential amendments – Scotland) and Schedule 13 in so far as they relate to paragraphs 2, 5, 6, 7(a)(ii) and (iii), 7(b), 9, 11(a) and (c), 12, 14, 28, 36, 38(e), 41(1), 43(a)(i) and (b)(ii) of that Schedule;\nsections 71-79 (land compensation – Scotland) and Schedules 16 and 17;\nsection 80 (interest on compensation and payments on account) and Schedule 18 as it applies in relation to Scotland except in so far as it relates to the entries in respect of section 56J(8) and 56K(12) of the Town and Country Planning (Scotland) Act 1972 in Part I of that Schedule;\nsection 84(6) (repeals) and Schedule 19 in so far as they relate to the repeals in Part IV of Schedule 19 specified in Schedule 1 to this Order.\nArticle 4 of, and Schedule 2 to, the Order limit, as specified there, the commencement of–\nsections 47(1) (power of planning authority to decline to determine applications), 72 to 75, 78 (land compensation – Scotland) and 80(1) (interest on compensation);\nin Schedule 17, paragraphs 2, 3, 5, 6, 7 to 10, 14, 15, 20 and 21 (amendments relating to land compensation);\nin Schedule 19, the repeals of or in sections 12, 25(8), 30(3) of the Land Compensation (Scotland) Act 1963 and sections 35, 36, 156, 248 and 275(1) of the Town and Country Planning (Scotland) Act 1972 and sections 27(1), 31(6) and 48(9)(b) of the Land Compensation (Scotland) Act 1973.\nSection 60(7) of the 1991 Act prevents the repeals effected by section 60(1) of that Act affecting any claim for compensation under Part VII of the Town and Country Planning (Scotland) Act 1972 duly made before 25th September 1991.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/2092/note",
    "retrieved_at": "2026-10-29T14:37:56.775129+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}