# The Town and Country Planning (Development Planning) (Scotland) Regulations 2023, Regulation 25: Key Agencies

Extent: S

(1) The bodies mentioned in paragraph (2) are, subject to the limitations set out in paragraph (3), specified as a key agency for the purposes of sections 3AB(4)(b)(ii), 3CB, 4ZA(3)(b)(ii), 16B(2)(a), 18(1)(b) and (d) and (10) and 21(3)(a) and (5) of the Act.
(2) The bodies are—
(a) Scottish Natural Heritage (NatureScot),
(b) the Scottish Environment Protection Agency,
(c) Scottish Water,
(d) Scottish Enterprise,
(e) Highlands and Islands Enterprise,
(f) South of Scotland Enterprise,
(g) a regional Transport Partnership,
(h) the Crofting Commission,
(i) a Health Board,
(j) Historic Environment Scotland.
(3) The limitations are—
(a) Scottish Enterprise is specified as a key agency only where the local development plan relates to an area within which or in relation to which the functions of that body are exercisable under or by virtue of the Enterprise and New Towns (Scotland) Act 1990,
(b) Highlands and Islands Enterprise is specified as a key agency only where the local development plan relates to an area within which or in relation to which the functions of that body are exercisable under or by virtue of section 21(1) of the Enterprise and New Towns (Scotland) Act 1990,
(c) South of Scotland Enterprise is specified as a key agency only where the local development plan relates to an area within which or in relation to which the functions of that body are exercisable under or by virtue of the South of Scotland Enterprise Act 2019,
(d) a regional Transport Partnership is specified as a key agency only where the local development plan relates to the region for which that body is constituted as the Transport Partnership by virtue of an order under section 1(1) of the Transport (Scotland) Act 2005,
(e) the Crofting Commission is specified as a key agency only where the local development plan relates to the crofting counties (within the meaning of the Crofters (Scotland) Act 1993) or an area which is designated under section 3A(1)(b) of that Act to constitute the land as a croft, and
(f) a Health Board is specified as a key agency only where the local development plan relates to the area of that Health Board.
(4) In paragraphs (2) and (3), ‘Health Board’ means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978.

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Source: https://www.legislation.gov.uk/ssi/2023/101/regulation/25 (the official version)
Page: https://openlegislation.uk/town-and-country-planning-development-planning-scotland-regulations-2023/regulation-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.