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The National Scenic Areas (Consequential Modifications) (Scotland) Order 2010

S.S.I. 2010/460 · Made 15 December 2010 · Extends to Scotland

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Countryside

Made 15th December 2010

Coming into force 17th December 2010

The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 58(1) of the Planning etc. (Scotland) Act 2006f1 and all other powers enabling them to do so.

In accordance with section 58(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2006 asp 17.

Contents

  1. 1Citation and commencement
  2. 2The Harbours Act 1964
  3. 3The Road Traffic Regulation Act 1984
  4. 4The Overhead Lines (Exemption) Regulations 1990 Repealed
  5. 5The Town and Country Planning (General Permitted Development) (Scotland) Order 1992
  6. 6The Environmental Impact Assessment (Scotland) Regulations 1999
  7. 7The Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999
  8. 8The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999
  9. 9The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000
  10. 10The Electronic Communications Code (Conditions and Restrictions) Regulations 2003
  11. 11The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006
  12. 12The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008
  13. 13The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 Repealed
  14. Signature
  15. Explanatory note

1Citation and commencementI1

This Order may be cited as the National Scenic Areas (Consequential Modifications) (Scotland) Order 2010 and comes into force on 17th December 2010.

2The Harbours Act 1964I1

In paragraph 1 of Schedule 3 to the Harbours Act 1964f1 (Procedure for making harbour revision and empowerment Orders), in the definition of “sensitive area”, in paragraph (k), for the words from “an area defined” to “1978” substitute “as a National Scenic Area by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997”.

3The Road Traffic Regulation Act 1984I1

In section 22(1)(b)(ii) (Traffic regulation for special areas in the countryside) of the Road Traffic Regulation Act 1984f1 for the words from “under” to “1972” substitute “by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997f2”.

4The Overhead Lines (Exemption) Regulations 1990F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5The Town and Country Planning (General Permitted Development) (Scotland) Order 1992I1

In article 2(1) (interpretation) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992f1, for the definition of “national scenic area” substitute—

  • ““national scenic area” means an area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act  1997;”.

6The Environmental Impact Assessment (Scotland) Regulations 1999I1

(1)

The Environmental Impact Assessment (Scotland) Regulations 1999f1 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 2(1) (interpretation), in the definition of “sensitive area”, for paragraph (f) substitute—

“(f)

a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;”.

(3)

In regulation 55(a) (interpretation), in the definition of “sensitive area”, for paragraph (d) substitute—

“(d)

a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;”.

7The Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999I1

In paragraph 1 (interpretation) of Schedule 2 (thresholds for identification of projects likely to have significant effects on the environment) to the Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999f1, in the definition of “sensitive area”, for paragraph (e) substitute—

“(e)

a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;”.

8The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999I1

In regulation 2(1) (interpretation) of the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999f1, in paragraph (j) of the definition of “sensitive area”, for the words from “an area defined” to “1978” substitute “as a National Scenic Area by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997”.

9The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000I1

In paragraph 1 of Schedule 2 (description of development for the purposes of the definition of “Schedule 2 development”) to the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000f1, in paragraph (v) of the definition of “sensitive area”, for the words from “an area defined” to “1978” substitute “as a National Scenic Area by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997”.

10The Electronic Communications Code (Conditions and Restrictions) Regulations 2003I1

In regulation 2(2) (interpretation) of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003f1 for the definition of “national scenic area” substitute—

  • ““national scenic area” means an area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act  1997;”.

11The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006I1

In regulation 5(3) (screening decision – restructuring project) of the Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006f1, for paragraph (f) substitute—

“(f)

a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;”.

12The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008I1

In paragraph 1 of Schedule 1 (interpretation of Schedules) to the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008f1 for the definition of “NSA” substitute—

  • ““NSA” means a National Scenic Area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act  1997;”.

13The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

R CUNNINGHAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

15th December 2010

Explanatory note

(This note is not part of the Order)

This Order makes provision consequential on section 50 of the Planning etc. (Scotland) Act 2006 which inserts section 263A into the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”).

This Order provides for modifications of the enactments specified in articles 2 to 13 so that references in those enactments to “national scenic areas” will be references to national scenic areas designated by a direction made by the Scottish Ministers under section 263A of the 1997 Act.