SCHEDULE 2Minor and consequential amendments and repeals

PART 3Development management

7Schemes of delegation and local review

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the words “(other than a deemed decision)” are repealed,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)”.