This draft Order supersedes the draft laid in the Scottish Parliament on 8th November 2010 and published on 10th November 2010. It is being issued free of charge to all known recipients of that draft Order.
Draft Order laid before the Scottish Parliament under section 58(5) of the Planning etc. (Scotland) Act 2006 for approval by resolution of the Scottish Parliament.
2010 No.
The National Scenic Areas (Consequential Modifications) (Scotland) Order 2010
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 58(1) of the Planning etc. (Scotland) Act 20061 and all other powers enabling them to do so.
In accordance with section 58(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
This Order may be cited as the National Scenic Areas (Consequential Modifications) (Scotland) Order 2010 and comes into force on 17th December 2010.
The Harbours Act 19642
In paragraph 1 of Schedule 3 to the Harbours Act 19642 (Procedure for making harbour revision and empowerment Orders), in the definition of “sensitive area”, in paragraph (k), for the words from “an area defined” to “1978” “substitute “as a National Scenic Area by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997”.
The Road Traffic Regulation Act 19843
The Overhead Lines (Exemption) Regulations 19904
In regulation 3(2) (exemptions from section 37(1) of the Electricity Act 1989) of the Overhead Lines (Exemption) Regulations 19905, for the definition of “National Scenic Area” substitute—
“National Scenic Area” means an area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;
The Town and Country Planning (General Permitted Development) (Scotland) Order 19925
In article 2(1) (interpretation) of the Town and Country Planning (General Permitted Development) (Scotland) Order 19926, for the definition of “national scenic area” substitute—
“national scenic area” means an area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;
The Environmental Impact Assessment (Scotland) Regulations 19996
1
The Environmental Impact Assessment (Scotland) Regulations 19997 are amended in accordance with paragraphs (2) and (3).
2
In regulation 2(1) (interpretation), in the definition of “sensitive area”, for paragraph (f) substitute—
f
a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;
3
In regulation 55(a) (interpretation), in the definition of “sensitive area”, for paragraph (d) substitute—
d
a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;
The Environmental Impact Assessment (Forestry) (Scotland) Regulations 19997
In paragraph 1 (interpretation) of Schedule 2 (thresholds for identification of projects likely to have significant effects on the environment) to the Environmental Impact Assessment (Forestry) (Scotland) Regulations 19998, in the definition of “sensitive area”, for paragraph (e) substitute—
e
a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;
The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 19998
In regulation 2(1) (interpretation) of the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 19999, in paragraph (j) of the definition of “sensitive area”, for the words from “an area defined” to “1978” substitute “as a National Scenic Area by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997”.
The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 20009
In paragraph 1 of Schedule 2 (description of development for the purposes of the definition of “Schedule 2 development”) to the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 200010, in paragraph (v) of the definition of “sensitive area”, for the words from “an area defined” to “1978” substitute “as a National Scenic Area by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997”.
The Electronic Communications Code (Conditions and Restrictions) Regulations 200310
In regulation 2(2) (interpretation) of the Electronic Communications Code (Conditions and Restrictions) Regulations 200311 for the definition of “national scenic area” substitute—
“national scenic area” means an area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;
The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 200611
In regulation 5(3) (screening decision – restructuring project) of the Environmental Impact Assessment (Agriculture) (Scotland) Regulations 200612, for paragraph (f) substitute—
f
a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;
The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 200812
In paragraph 1 of Schedule 1 (interpretation of Schedules) to the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 200813 for the definition of “NSA” substitute—
“NSA” means a National Scenic Area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 200813
In regulation 3(1) (interpretation) of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 200814 for the definition of “National Scenic Area” substitute—
“National Scenic Area” means an area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;
(This note is not part of the Order)