# The Planning etc. (Scotland) Act 2006 (Saving and Transitional Provisions) Order 2010

S.S.I. 2010/431 · made 2 December 2010 · revised to 14 November 2011

This Order makes transitional and savings provisions in connection with the commencement of sections23 and 28 of the Planning etc. (Scotland) Act 2006 (“the 2006 Act”).

Made under: Planning etc. (Scotland) Act 2006

PDFs: Printed copy https://openlegislation.uk/planning-etc-scotland-act-2006-saving-and-transitional-provisions-order-2010/pdf/ssi_20100431_en.pdf; Executive Note https://openlegislation.uk/planning-etc-scotland-act-2006-saving-and-transitional-provisions-order-2010/pdf/ssien_20100431_en.pdf

## Introductory text

Town And Country Planning
Made 2nd December 2010
Laid before the Scottish Parliament 6th December 2010
Coming into force 1st February 2011
The Scottish Ministers make the following Order in exercise of the powers conferred by section 58(1) of the Planning etc. (Scotland) Act 2006 and all other powers enabling them to do so.

## 1 Citation, commencement and interpretation

(1) This Order may be cited as the Planning etc. (Scotland) Act 2006 (Saving and Transitional Provisions) Order 2010 and comes into force on 1st February 2011.
(2) In this Order—
“the Act” means the Town and Country Planning (Scotland) Act 1997;
“the 2006 Act” means the Planning etc. (Scotland) Act 2006.

## 2 Tree preservation orders

Notwithstanding the commencement of sections 28(3) (tree preservation orders) and 56 (repeals) of and the schedule (repeals) to the 2006 Act on 1st February 2011, sections 161 (form and procedure applicable to orders) and 163 (provisional tree preservation orders) of the Act shall continue to apply as they did immediately before that date in relation to an order made under section 160(1) of the Act before that date.

## 3 Planning obligations

(1) Subject to paragraph (2)—
(a) an existing planning agreement shall have effect as if made under section 75 (planning obligations) of the Act as that provision has effect on 1st February 2011 (following commencement of section 23(1) (planning obligations) of the 2006 Act on that date);
(b) sections 75, 75A (modification and discharge of planning obligations) and 75B (appeals) of the Act (as those provisions have effect on 1st February 2011) apply in relation to an existing planning obligation as they apply to a planning obligation entered into by an agreement entered into under section 75 of the Act on or after that date and, for the purpose of such application, references in those sections and regulations made under the Act to—
(i) a planning obligation shall be treated as including a reference to an existing planning obligation;
(ii) a relevant instrument shall be treated as including a reference to an existing planning agreement.
(2) Sections 75(5) and (6) and 75C (planning obligations: continuing liability of former owner etc.) of the Act shall not apply in relation to an existing planning agreement.
(3) In this article—
“existing planning agreement” means an agreement entered into under, or having effect as if entered into under, section 75 of the Act before 1st February 2011; and
“existing planning obligation” means an obligation entered into by an existing planning agreement.

## Signature

STEWART STEVENSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
2nd December 2010

## Explanatory note

(This note is not part of the Order)
This Order makes transitional and savings provisions in connection with the commencement of sections 23 and 28 of the Planning etc. (Scotland) Act 2006 (“the 2006 Act”).
Article 2 saves the current provisions of sections 161 and 163 of the Town and Country Planning (Scotland) Act 1997 (“the Act”) for the purposes of a tree preservation order made before 1st February 2011. Section 161 is amended by section 28(3) of the 2006 Act and section 163 is repealed by section 56 of and the schedule to the 2006 Act.
Article 3 provides that sections 75(5) and (6) and 75C of the Act inserted by section 23 of the 2006 Act do not apply in relation to an agreement entered into under section 75 of the Act before 1st February 2011. Section 23(2) of the 2006 Act preserves the application of sections 75(3) and (4) of the Act as they had effect immediately before 1st February 2011 in respect of such agreements.

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Source: https://www.legislation.gov.uk/ssi/2010/431 (the official version)
Page: https://openlegislation.uk/planning-etc-scotland-act-2006-saving-and-transitional-provisions-order-2010
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.