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The Planning and Compulsory Purchase Act 2004 (Commencement No. 3) (Scotland) Order 2006

S.S.I. 2006/268 · Made 17 May 2006

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

Made 17th May 2006

The Scottish Ministers, in exercise of the powers conferred by section 121(4) of the Planning and Compulsory Purchase Act 2004f1 hereby make the following Order:

Annotations to the whole text

Footnotes

f1

2004 c. 5.

Contents

  1. 1Citation and extent
  2. 2Interpretation
  3. 3Appointed day
  4. Signature
  5. Explanatory note

1Citation and extent

(1)

This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 3) (Scotland) Order 2006.

(2)

This Order extends to Scotland only.

2Interpretation

In this Order “the 1997 Act” means the Town and County Planning (Scotland) Act 1997f1.

3Appointed day

The following provisions of the Planning and Compulsory Purchase Act 2004, in so far as they are not yet in force, shall come into force on 12th June 2006–

(a)

section 90;

(b)

sections 94 to 97;

(c)

section 117(8);

(d)

in so far as relating to the 1997 Act, section 118(2) and Schedule 7;

(e)

in so far as relating to the 1997 Act, to the Planning (Listed Building and Conservation Areas) (Scotland) Act 1997f1or to the Planning (Hazardous Substances) (Scotland) Act 1997f2, section 120 and Schedule 9;

(f)

Schedule 5.

Signature

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

17th May 2006

Explanatory note

(This note is not part of the Order)

Article 2 of this Order brings into force on 12th June 2006 certain provisions of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”) so far as they are not yet in force in Scotland.

Section 90 makes each of the planning Acts bind the Crown, subject to certain provisions and exceptions. The planning Acts are the Town and Country Planning Act (Scotland) 1997 (“the principal Act”), the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (“the listed buildings Act”) and the Planning (Hazardous Substances) (Scotland) Act 1997 (“the hazardous substances Act”). Section 90 also introduces Schedule 5, which amends the planning Acts to take account of Crown application.

Section 94 makes amendments to Scottish planning legislation, introducing new sections 245A (Enforcement in relation to the Crown) and 245B (References to an interest in land) to the principal Act. It also introduces similar amendments to the hazardous substances Act (new sections 30B and 30C). Equivalent amendments to the listed buildings Act (new sections 73D and 73E) in subsection (4) were commenced by S.S.I. 2006/ 243.

Section 95 amends section 162 of the principal Act to provides that any tree preservation orders made on land placed at the disposal of the Forestry Commission do not apply to prevent forestry operations undertaken by the Commission.

Section 96 amends section 172 of the principal Act to prohibit the Crown from doing any act to a tree in a conservation area which might be prohibited by a tree preservation order, unless certain conditions are met.

Section 97 makes changes to the principal Act dealing with old mining permission to enable Crown bodies holding such permissions to have the opportunity, like other mine operators, to register such permissions and apply for the determination of new conditions.

Section 117(8) makes provision for interpretation. Section 118 introduces Schedule 7, which amends various enactments. Section 120 introduces Schedule 9 which deals with repeals.

Schedule 5 makes amendments to apply the planning Acts to the Crown.