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The Planning (Scotland) Act 2019 (Commencement No. 3) Regulations 2019

S.S.I. 2019/385 · Made 13 November 2019

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Town And Country Planning

Made 13th November 2019

Laid before the Scottish Parliament 15th November 2019

Coming into force 1st 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 2019f1.

Annotations to the whole text

Footnotes

f1

2019 asp 13.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Appointed day – 1 December 2019
  3. 3Appointed day – 1 March 2020
  4. Signature
  5. Schedule PROVISIONS OF THE ACT COMING INTO FORCE ON 1DECEMBER 2019
  6. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Planning (Scotland) Act 2019 (Commencement No. 3) Regulations 2019 and come into force on 1 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 1997f1.

2Appointed day – 1 December 2019

(1)

Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table) is 1 December 2019.

(2)

Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 1 December 2019 only for that purpose.

3Appointed day – 1 March 2020

(1)

The day appointed for the coming into force of the provisions of the Act specified in paragraph (2) is 1 March 2020.

(2)

The provisions are—

(a)

section 27 (delegation of development decisions), and

(b)

section 30 (determination of applications: statement to accompany notification).

Signature

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

13th November 2019

PROVISIONS OF THE ACT COMING INTO FORCE ON 1DECEMBER 2019

Column 1

Provisions of the Act

Column 2

Subject Matter

Column 3

Purpose
Section 18(1), (2) and (4)Pre-application consultation
Section 20Regulations about procedure for certain applications
Section 24Assessment of environmental effects
Section 26Conditional grant of planning permission: provision of toilet facilities within certain large developmentsFor the purpose of making regulations under section 41B(4) of the 1997 Actf1
Section 29Call-in of applications by Scottish Ministers: further provision
Section 41Fees for planning applications etc.
Section 47National performance monitoring
Section 48Regulations
Section 49Publication of directions
Section 51National Scenic Areas
Section 52Notice by planning authority of applications for listed building consent
Section 53Forestry and woodland strategy
Section 62 and paragraph 9 of schedule 2Minor and consequential amendments and repealsFor the purpose of making regulations under sections 41B(4) and 251B(2) of the 1997 Actf2

Explanatory note

(This note is not part of the Regulations)

These Regulations bring sections 18(1), (2) and (4), 20, 24, 29, 41, 47, 48, 49, 51, 52 and 53 of the Planning (Scotland) Act 2019 (“the Act”) into force on 1 December 2019 for all purposes and sections 26 and 62 and paragraph 9 of schedule 2 of the Act into force on that date for the limited purposes of enabling regulations to be made. They also bring sections 27 and 30 into force on 1 March 2020.

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.