Part 1Orders authorising works etc.
Procedure for making orders
I1C113“Developments of national significance” etc.: special procedure
1
F1Subsections (2A) to (6) apply in relation to an order under section 1 if—
a
the order authorises the carrying out of work which would constitute a national development,
b
the order includes provision adding to, replacing or omitting any part of the text of a private Act of the Parliament, or
c
the Scottish Ministers so direct.
2
In subsections (1) and (7), references to a “national development” are to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997 (c. 8)) for the time being designated under section 3A(4)(b) of that Act (which relates to the content of the National Planning Framework) as a national development.
F22A
The order is subject to the affirmative procedure.
3
The F3draft statutory instrument containing the order—
a
is to be laid before the Parliament together with a copy of any plan or book of reference prepared in connection with the application (or as the case may be in connection with the proposal to make the order), F4...
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Where a plan or book of reference is revised before the F5draft statutory instrument is laid before the Parliament, the reference in subsection (3)(a) is to the later (or as the case may be the latest) version.
5
As soon as practicable after the F6order has been made or, as the case may be, the Parliament has decided not to approve the draft statutory instrument, the Scottish Ministers are to publish a notice in—
a
the Edinburgh Gazette, and
b
a local newspaper circulating in the area (or each of the areas) in which the provisions of the order in question will have, or would have had, effect.
6
A notice under subsection (5)—
a
must state that the F7order has been made or, as the case may be, the Parliament has decided not to approve the draft statutory instrument
b
where F8the order has been made, must give information regarding—
i
when the order will come into force, and
ii
the right to challenge the validity of the order and the procedures for doing so.
F97
Subsections (2A) to (6) apply in relation to an order (“the new order”) which revokes, amends or re-enacts another order (“the old order”) in relation to which those subsections applied only if—
a
the new order authorises the carrying out of work which would constitute a national development (other than a national development to which the old order relates),
b
the new order includes provision such as is mentioned in subsection (1)(b), or
c
the Scottish Ministers so direct.