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7(1)The Town and Country Planning (Scotland) Act 1997 is amended as follows.
(2)In section 39 (declining to determine an application), in subsection (2A)—
(a)in the opening words, for “43A(5)” substitute “43AA(2)”,
(b)in paragraph (a), for “43A(8)” substitute “43AC”,
(c)in paragraph (c), for “43A(8)(c)” substitute “43AC(1)(e)”.
(3)In section 43B (matters which may be raised in a review under section 43A(8)), in subsection (1), for “43A(8)” substitute “43AC (other than one required by virtue of paragraph (e) of subsection (1))”.
(4)The section title of section 43B becomes “Matters which may be raised in a review under section 43AC”.
(5)In section 46 (call-in of applications), in subsection (2)(ab), for “43A(8)” substitute “43AC”.
(6)In section 237 (validity of development plans and certain orders, decisions and directions), in subsection (3A)—
(a)the words “(other than a deemed decision)” are repealed,
(b)for “43A(8)” substitute “43AC”.
(7)In section 277 (interpretation), in subsection (5)—
(a)in paragraph (ba), for “43A(8)(a) or (b)” substitute “43AC(1)(a) to (d)”,
(b)in paragraph (ca), for “43A(8)(c)” substitute “43AC(1)(e)”,
(c)in paragraph (da)(i), for “43(8)(a) or (b)” substitute “43AC(1)(a) to (d)”,
(d)in paragraph (da)(ii)—
(i)for “43A(8)(c)” substitute “43AC(1)(e)”,
(ii)for “43A(9)” substitute “43AC(3)”.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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