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The Planning and Compensation Act 1991 (Commencement No.17 and Transitional Provision) (Scotland) Order 1994

S.I. 1994/3292 · Made 15 December 1994

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TOWN AND COUNTRY PLANNING, SCOTLAND

Made 15th December 1994

The Secretary of State, in exercise of the powers conferred on him by section 84(2) and (3) of the Planning and Compensation Act 1991f1 and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1991 c. 34.

Contents

  1. 1Citation
  2. 2Interpretation
  3. 3Provisions coming into force on 3rd February 1995
  4. 4Transitional provision
  5. Signature
  6. Explanatory note

1Citation

This Order may be cited as the Planning and Compensation Act 1991 (Commencement No.17 and Transitional Provision) (Scotland) Order 1994.

2Interpretation

In this Order—

  • “the 1972 Act” means the Town and Country Planning (Scotland) Act 1972f1;

  • “the 1991 Act” means the Planning and Compensation Act 1991.

3Provisions coming into force on 3rd February 1995

The following provisions of the 1991 Act shall come into force on 3rd February 1995:—

  • section 44;

  • section 46;

  • section 61 insofar as it relates to the provisions of Schedule 13 referred tov below;

  • section 84(6) insofar as it gives effect to the repeal in Part IV of Schedule 19 referred to below;

  • in Schedule 13 paragraphs 7(a)(i), 10(a) (insofar as not already in force) and (b), 11(b)(i), (ii) and (iv), 15, 40(1)(b) and (c), 41(3) and (4) and 42; and

  • in Part IV of Schedule 19 the entry in respect of section 28(1) of the 1972 Act.

4Transitional provision

Section 44 of, and paragraph 40(1)(c) of Schedule 13 to, the 1991 Act shall not have effect so far as they relate to the demolition of a building on land in a case where, before 3rd February 1995 planning permission has been granted under Part III of the 1972 Act (except under article 3 of, and Schedule 1 to, the Town and Country Planning (General Permitted Development) (Scotland) Order 1992f1), or has been deemed to be granted under that Part of that Act, for the redevelopment of the land.

Signature

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

15th December 1994

Explanatory note

(This note is not part of the Order)

This Order brings into force on 3rd February 1995 the following provisions of the Planning and Compensation Act 1991 in relation to Scotland:—

section 44(demolition of buildings)
section 46(notice etc. of applications to owners and agricultural tenants)
section 61 and parts of Schedule 13, and section 84(6) and a paragraph of Schedule 19certain minor and consequential amendments and a repeal.