OpenLegislation

Section 143A “Developments of national significance” etc.: special procedureF1

Scotland

(1)

F2Subject to subsection (4), subsection (3) applies to any —

(a)

F3... order under section 5 of this Act directing that a road proposed to be constructed shall be a trunk road and the construction of the road would constitute a national development;

(b)

F4... scheme under section 7 of this Act F5(or any instrument confirming such a scheme) which authorises the carrying out of work which would constitute a national development; or

(c)

F6subordinate legislation which is the subject of a direction by the Scottish Ministers under this paragraph.

(2)

In subsection (1) above, the references to a “national development” are to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the time being designated under section 3A(4)(b) of that Act as a national development.

(F73)

The legislation is subject to the affirmative procedure.

(4)

Unless the Scottish Ministers otherwise direct, F8any subordinate legislation which revokes, amends or re-enacts F9any legislation which was subject to the affirmative procedure by virtue of subsection (3) above is not subject to the procedure in that subsection.

Annotations

Textual amendments

F1

S. 143A inserted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 24(2), 30(4); S.S.I. 2007/516, art. 2

F2

Words in s. 143A(1) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 13(a)(i) (with art. 16)

F3

Words in s. 143A(1)(a) omitted (11.11.2011) by virtue of The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 13(a)(ii) (with art. 16)

F4

Words in s. 143A(1)(b) omitted (11.11.2011) by virtue of The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 13(a)(iii)(aa) (with art. 16)

F5

Words in s. 143A(1)(b) inserted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 13(a)(iii)(bb) (with art. 16)

F6

Words in s. 143A(1)(c) inserted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 13(a)(iv) (with art. 16)

F7

S. 143A(3) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 13(b) (with art. 16)

F8

Words in s. 143A(4) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 13(c)(i) (with arts. 16, 17)

F9

Words in s. 143A(4) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 13(c)(ii) (with arts. 16, 17)