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The Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Amendment Order 2021 in England

S.S.I. 2021/293 · Made 27 August 2021

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Exiting The European Union

Town And Country Planning

Made 27th August 2021

Laid before the Scottish Parliament 31st August 2021

Coming into force 1st October 2021

The Scottish Ministers make the following Order in exercise of the powers conferred by section 30(2)(b) of the Town and Country Planning (Scotland) Act 1997f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1997 c. 8. Section 30(2)(b) was amended by section 54(3)(b) of the Planning etc. (Scotland) Act 2006 (asp 17). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021
  3. 3Amendment of article 2
  4. 4Amendment of article 3
  5. 5Amendment of schedule 2
  6. 6Amendment of schedule 3
  7. Signature
  8. Explanatory note

1Citation and commencement

This Order may be cited as the Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Amendment Order 2021 and comes into force on 1 October 2021.

2Amendment of the Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021

The Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021f1 is amended in accordance with articles 3 to 6.

3Amendment of article 2

In article 2(1) (interpretation)—

(a)

before the definition of “building” insert—

  • ““border department” means any of—

    1. (a)

      the Commissioners for Her Majesty’s Revenue and Customs,

    2. (b)

      the Secretary of State for Business, Energy and Industrial Strategy,

    3. (c)

      the Secretary of State for the Environment, Food and Rural Affairs, or

    4. (d)

      the Secretary of State for Transport,”,

(b)

for the definition of “developer” substitute—

  • ““developer” means the Scottish Ministers, a border department, or a person carrying out the development on behalf of the Scottish Ministers or a border department,”, and

(c)

in the definition of “safety hazard area” omit “local”.

4Amendment of article 3

In article 3 (grant of planning permission for a limited period)—

(a)

in paragraph (1)(a)(i)—

(i)

after “the Scottish Ministers” insert “or a border department”, and

(ii)

omit “(“border processing”)”, and

(b)

in paragraph (1)(b)(ii) for “border processing” substitute “those activities described in sub-paragraph (a)(i)”.

5Amendment of schedule 2

In schedule 2 (conditions)—

(a)

in paragraph 1 after “the Scottish Ministers” insert “or a border department”, and

(b)

in paragraph 25 omit “local” in both places it appears.

6Amendment of schedule 3

In schedule 3 (engagement parties)—

(a)

in paragraph 3 for “Environmental” substitute “Environment”, and

(b)

in paragraph 10(a) omit “by”.

Signature

TOM ARTHUR

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th August 2021

Explanatory note

(This note is note part of the Order)

This Order amends the Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021 (“the SDO”). Article 3 adds a definition of “border department” to the SDO, and expands the definition of “developer” to include a border department. Article 4 amends article 3 of the SDO so that the planning permission granted by the SDO includes permission for development for the purposes of any activity that forms part of the functions of a border department. Article 5 amends schedule 2 of the SDO which applies conditions to planning permission granted by article 3 of the SDO. Articles 3(c), 4(a)(ii) and (b), 5(b) and 6 make minor amendments to the SDO to correct typographical and formatting errors.