{
  "url": "https://openlegislation.uk/town-and-country-planning-scotland-act-1972-repealed-2751997/section-91",
  "json_url": "https://openlegislation.uk/town-and-country-planning-scotland-act-1972-repealed-2751997/section-91.json",
  "legislation": "ukpga/1972/52",
  "legislation_title": "Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-scotland-act-1972-repealed-2751997",
  "path": "section/91",
  "kind": "section",
  "number": "91",
  "heading": "Grant of certificate by Secretary of State on referred application or appeal against refusal.",
  "text": "(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2) Where an application is made to a. . . planning authority for a certificate under section 90 or 90A and is refused, or is refused in part, the applicant may by notice under this subsection appeal to the Secretary of State; and on any such appeal the Secretary of State shall—\n(a) if and so far as he is satisfied that the authority’s refusal is not well-founded, grant to the appellant an established use certificate accordingly or, as the case may be, modify the certificate granted by the authority on the application; and\n(b) if and so far as he is satisfied that the authority’s refusal is well-founded, dismiss the appeal.\n(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) Before determining an. . . appeal under this section the Secretary of State shall, if either the. . . appellant. . . or the. . . planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.\n(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.\n(7) Where the Secretary of State or a person appointed by him under Schedule 7 to this Act to determine an appeal grants a certificate under section 90 or 90A of this Act, the Secretary of State or that person shall give notice to the planning authority of that fact.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ss. 91(1), 111, 112 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 91(2) substituted (25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.61, Sch. 13 para. 26(a) (with s. 84(5)); S.I. 1992/1937, art.4 (with art. 5)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "S. 91(3)(5) repealed (25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 26(b), Sch. 19 Pt.IV; S.I. 1992/1937, art.4 (with art. 5)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "S. 91(7) inserted (25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 26(c) (with s. 84(5)); S.I. 1992/1937, art. 4 (with art. 5)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1972/52/section/91",
    "retrieved_at": "2026-10-29T10:48:43.298883+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}