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The Planning (Scotland) Act 2019 (Commencement No. 2, Saving and Transitional Provisions) Regulations 2019

S.S.I. 2019/377 · Made 6 November 2019 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 20 December 2019.

Town And Country Planning

Made 6th November 2019

Laid before the Scottish Parliament 8th November 2019

Coming into force 20th December 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 63(2) and (3) of the Planning (Scotland) Act 2019 M1.

Annotations to the whole text

Marginal citations

M1

2019 asp 13.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Appointed day – 20 December 2019
  3. 3Appointed day – 1 March 2020
  4. 4Conditional grant of planning permission: noise-sensitive developments – transitional provision
  5. 5Penalties for non-compliance with planning contravention notice - saving provision
  6. 6Enforcement notices - saving provision
  7. 7Penalties for contravention of stop notice - saving provision
  8. 8Temporary stop notices: offences - saving provision
  9. 9Enforcement of conditions - saving provision
  10. 10Display of advertisement in contravention of regulations - saving provision
  11. 11Duty to notify applications – saving provision
  12. Signature
  13. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Planning (Scotland) Act 2019 (Commencement No. 2, Saving and Transitional Provisions) Regulations 2019 and come into force on 20 December 2019.

(2)

In these Regulations—

  • “the Act” means the Planning (Scotland) Act 2019, and

  • “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997 M1.

2Appointed day – 20 December 2019I1

(1)

The day appointed for the coming into force of the provisions of the Act specified in paragraph (2) is 20 December 2019.

(2)

The provisions are—

(a)

section 25 (conditional grant of planning permission: noise-sensitive developments), and

(b)

section 42 (fines: increases and duty of court in determining amount).

3Appointed day – 1 March 2020I1

The day appointed for the coming into force of section 23 (notice by planning authority of certain applications made to them) of the Act is 1 March 2020.

4Conditional grant of planning permission: noise-sensitive developments – transitional provisionI1

The provisions of section 41A (conditional grant of planning permission: noise-sensitive developments) of the 1997 Act M1 do not apply in respect of an application for planning permission made before 20 December 2019.

5Penalties for non-compliance with planning contravention notice - saving provisionI1

The provisions of section 126 (penalties for non-compliance with planning contravention notice) of the 1997 Act M1 continue to have effect as they did immediately before 20 December 2019 in respect of a planning contravention notice (as defined in section 277(1) of the 1997 Act) served before that date.

6Enforcement notices - saving provisionI1

(1)

The provisions of the 1997 Act specified in paragraph (2) continue to have effect as they did immediately before 20 December 2019 in respect of an enforcement notice (as defined in section 277(1) of the 1997 Act) served before that date.

(2)

The provisions are—

(a)

section 136 (offence where enforcement notice not complied with) M1, and

(b)

section 138 (enforcement notice to have effect against subsequent development) M2.

7Penalties for contravention of stop notice - saving provisionI1

The provisions of section 144 (penalties for contravention of stop notice) of the 1997 Act M1 continue to have effect as they did immediately before 20 December 2019 in respect of a stop notice (as defined in section 277(1) of the 1997 Act) served before that date.

8Temporary stop notices: offences - saving provisionI1

The provisions of section 144C (temporary stop notices: offences) of the 1997 Act M1 continue to have effect as they did immediately before 20 December 2019 in respect of a temporary stop notice (as defined in section 277(1) of the 1997 Act) issued before that date.

9Enforcement of conditions - saving provisionI1

The provisions of section 145 (enforcement of conditions) of the 1997 Act M1 continue to have effect as they did immediately before 20 December 2019 in respect of a F1breach of condition notice (as defined in section 277(1) of the 1997 Act) served before that date.

10Display of advertisement in contravention of regulations - saving provisionI1

The provisions of section 186(3) (enforcement of control as to advertisements) of the 1997 Act M1 continue to have effect as they did immediately before 20 December 2019 in respect of the display before that date of an advertisement in contravention of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 M2.

11Duty to notify applications – saving provisionI1

The provisions of section 34 (notice by planning authority of certain applications made to them) of the 1997 Act M1 continue to have effect as they did immediately before 1 March 2020 in respect of an application mentioned in section 34(2) of the 1997 Act made before that date.

Signature

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

Explanatory note

(This note is not part of the Regulations)

These Regulations bring sections 25 and 42 of the Planning (Scotland) Act 2019 (“the Act”) into force on 20 December 2019 but subject to saving and transitional provisions contained in regulations 4 to 10. They also bring section 23 of the Act into force on 1 March 2020 subject to a saving provision contained in regulation 11.

The Bill for the Act received Royal Assent on 25 July 2019. Sections 58 to 61, 63 and 64 came into force on the following day.