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The Planning (Scotland) Act 2019 (Commencement No. 6 and Transitional Provision) Regulations 2021

S.S.I. 2021/101 · Made 22 February 2021 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 30 March 2022.

Town And Country Planning

Made 22nd February 2021

Laid before the Scottish Parliament 24th February 2021

Coming into force 1st April 2021

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 – material change of use – short term lets
  3. 3Appointed day – pre-application consultation
  4. 4Transitional provision
  5. Signature
  6. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Planning (Scotland) Act 2019 (Commencement No. 6 and Transitional Provision) Regulations 2021 and come into force on 1 April 2021.

(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 – material change of use – short term letsI1

The day appointed for the coming into force of section 17 (meaning of development: use of dwellinghouse for short-term lets) of the Act, in so far as not already in force, is 1 April 2021.

3Appointed day – pre-application consultationI1

Subject to regulation 4, the day appointed for the coming into force of section 18(3) (pre-application consultation) of the Act is F11 October 2022.

4Transitional provisionI1

(1)

Section 35B(3) (pre-application consultation: compliance) of the 1997 Act applies, as amended by section 18(3) of the Act, in relation to the submission of a relevant application with the modification that the maximum period of 18 months which is to elapse before the relevant application is submitted is to be treated as a reference to the period of 18 months beginning on F11 October 2022 rather than to the period of 18 months after the giving of the proposal of application notice.

(2)

In this regulation, “relevant application” means an application for planning permission in respect of which the prospective applicant has given a proposal of application notice to the planning authority before F21 October 2022.

Signature

AILEEN CAMPBELL

A member of the Scottish Government

St Andrew's House,

Edinburgh

Explanatory note

(This note is not part of the Regulations)

These Regulations bring section 17 of the Planning (Scotland) Act 2019 (“the Act”) fully into force on 1 April 2021 and section 18(3) of the Act into force on 1 October 2021 subject to the transitional provision in regulation 4.

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.