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The Planning and Compulsory Purchase Act 2004 (Commencement No. 3) (Scotland) Order 2006

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Scottish Statutory Instruments

2006 No. 268 (C.25)

TOWN AND COUNTRY PLANNING

The Planning and Compulsory Purchase Act 2004 (Commencement No. 3) (Scotland) Order 2006

Made

17th May 2006

The Scottish Ministers, in exercise of the powers conferred by section 121(4) of the Planning and Compulsory Purchase Act 2004(1) hereby make the following Order:

Citation and extent

1.—(1) This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 3) (Scotland) Order 2006.

(2) This Order extends to Scotland only.

Interpretation

2.  In this Order “the 1997 Act” means the Town and County Planning (Scotland) Act 1997(2).

Appointed day

3.  The following provisions of the Planning and Compulsory Purchase Act 2004, in so far as they are not yet in force, shall come into force on 12th June 2006–

(a)section 90;

(b)sections 94 to 97;

(c)section 117(8);

(d)in so far as relating to the 1997 Act, section 118(2) and Schedule 7;

(e)in so far as relating to the 1997 Act, to the Planning (Listed Building and Conservation Areas) (Scotland) Act 1997(3)or to the Planning (Hazardous Substances) (Scotland) Act 1997(4), section 120 and Schedule 9;

(f)Schedule 5.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

17th May 2006

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order brings into force on 12th June 2006 certain provisions of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”) so far as they are not yet in force in Scotland.

Section 90 makes each of the planning Acts bind the Crown, subject to certain provisions and exceptions. The planning Acts are the Town and Country Planning Act (Scotland) 1997 (“the principal Act”), the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (“the listed buildings Act”) and the Planning (Hazardous Substances) (Scotland) Act 1997 (“the hazardous substances Act”). Section 90 also introduces Schedule 5, which amends the planning Acts to take account of Crown application.

Section 94 makes amendments to Scottish planning legislation, introducing new sections 245A (Enforcement in relation to the Crown) and 245B (References to an interest in land) to the principal Act. It also introduces similar amendments to the hazardous substances Act (new sections 30B and 30C). Equivalent amendments to the listed buildings Act (new sections 73D and 73E) in subsection (4) were commenced by S.S.I. 2006/ 243.

Section 95 amends section 162 of the principal Act to provides that any tree preservation orders made on land placed at the disposal of the Forestry Commission do not apply to prevent forestry operations undertaken by the Commission.

Section 96 amends section 172 of the principal Act to prohibit the Crown from doing any act to a tree in a conservation area which might be prohibited by a tree preservation order, unless certain conditions are met.

Section 97 makes changes to the principal Act dealing with old mining permission to enable Crown bodies holding such permissions to have the opportunity, like other mine operators, to register such permissions and apply for the determination of new conditions.

Section 117(8) makes provision for interpretation. Section 118 introduces Schedule 7, which amends various enactments. Section 120 introduces Schedule 9 which deals with repeals.

Schedule 5 makes amendments to apply the planning Acts to the Crown.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order:

ProvisionDate of CommencementNo.
Sections 1 to 3 (partially)6th August 20042004/2097
Sections 1 to 3 as to England (in so far as not already in force)28th September 20042004/2202
Section 4 as to England28th September 20042004/2202
Section 5 (partially)6th August 20042004/2097
Section 5 as to England (in so far as not already in force)28th September 20042004/2202
Sections 6 and 7 as to England28th September 20042004/2202
Section 8 (partially)6th August2004/2097
Section 8 as to England (in so far as not already in force)28th September 20042004/2202
Section 9 as to England28th September 20042004/2202
Sections 10 to 15 (partially)6th August 20042004/2097
Sections 10 to 15 as to England (in so far as not already in force)28th September 20042004/2202
Section 16 (partially)6th August 20042004/2097
Section 16 as to England (in so far as not already in force)28th September2004/2202
Section 17 (partially)6th August 20042004/2097
Section 17 as to England (in so far as not yet already in force)28th September 20042004/2202
Section 18 as to England28th September 20042004/2202
Sections 19 to 22 (partially)6th August 20042004/2097
Sections 19 to 22 as to England (in so far as not already in force)28th September 20042004/2202
Section 23 as to England28th September 20042004/2202
Sections 24 to 26 (partially)6th August 20042004/2097
Sections 24 to 26 as to England (in so far as not already in force)28th September 20042004/2202
Section 27 as to England28th September 20042004/2202
Sections 28 and 29 (partially)6th August 20042004/2097
Section 28 and 29 as to England (in so far as not already in force)28th September 20042004/2202
Section 30 as to England28th September 20042004/2202
Section 31 (partially)6th August 20042004/2097
Section 31 as to England (in so far as not yet already in force)28th September 20042004/2202
Section 32 to 34 as to England28th September 20042004/2202
Sections 35 and 36 (partially)6th August 20042004/2097
Sections 35 and 36 as to England (in so far as not already in force)28th September 20042004/2202
Sections 37 to 39 as to England28th September 20042004/2202
Sections 40 to 42 (partially)6th August 20042004/2097
Section 43 (partially)24th August 20052005/2081
Section 44 (partially)6th August 20042004/2097
Section 44 (in so far as not already in force)24th August 20052005/2081
Sections 46 to 50 (partially)6th August 20042004/2097
Section 5124th August 20052005/2081
Sections 52 to 54 (partially)6th August 20042004/2097
Sections 52 and 53 as to England (in so far as not already in force)7th March 20052005/204
Section 54 (in so far as not already in force)25th August 20052005/2081
Sections 55 as to England (in so far as not already in force)1st April 20052005/204
Section 56 as to England and Wales28th September 20042004/2202
Section 57 (partially)6th August 20042004/2097
Section 57 as to England and Wales (in so far as not already in force)28th September 20042004/2202
Section 58 as to England and Wales28th September 20042004/2202
Section 59 (partially)6th August 20042004/2097
Section 59 as to England and Wales (in so far as not already in force)28th September 20042004/2202
Sections 79 to 83 (partially)6th August 20042004/2097
Section 88 (partially)6th August 20042004/2097
Section 91 (partially)6th August 20042004/2097
Section 92 (partially) as to Scotland20th March 20062006/101
Section 92 as to Scotland (in so far as not already in force)11th May 20062006/243
Section 93 (partially) as to Scotland20th March 20062006/101
Section 93 as to Scotland (in so far as not already in force)11th May 20062006/243
Section 94(4) as to Scotland11th May 20062006/243
Section 98 as to Scotland20th March 20062006/101
Sections 100 and 101 (partially)6th August 20042004/2097
Sections 99 to 110 as to England and Wales (in so far as not already in force)31st October 20042004/2593
Section 111(2) as to England and Wales31st October 20042004/2593
Section 113 as to England28th September 20042004/2202
Section 114 as to England (partially)28th September 20042004/2202
Section 116 (partially)6th August 20042004/2097
Section 116 (in so far as not already in force)25th August 20052005/2081
Section 117(1) to (7) (partially)6th August 20042004/2097
Section 117(1) to (7) as to England and Wales (in so far as not in force)28th September 20042004/2202
Section 118 except subsection (2) in so far as it relates to the Town and Country Planning (Scotland) Act 1997 (partially)6th August 20042004/2097
Section 118 except subsection (2) in so far as it relates to the Town and Country Planning (Scotland) Act 1997 (in so far as not already in force)28th September 20042004/2202
Section 119(1) (partially)6th August 20042004/2097
Section 119(1) as to England (in so far as not already in force)28th September 20042004/2202
Section 119(2) as to Scotland20th March 20062006/101
Section 120 except in so far as it relates to the Town and Country Planning (Scotland) Act 1997, to the Planning (Hazardous Substances) (Scotland) Act 1997 or to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (partially)6th August 20042004/2097
Section 120 except in so far as it relates to the Town and Country Planning (Scotland) Act 1997, to the Planning (Hazardous Substances) (Scotland) Act 1997 or to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 199728th September 20042004/2202
Schedule 1 (partially)6th August 20042004/2097
Schedule 2 paragraph 3 (partially)6th August 20042004/2097
Schedule 2 as to England (in so far as not already in force)1st April 20052005/204
Schedule 3 paragraph 6 to 8 and 10 to 12 (partially)6th August 20042004/2097
Schedule 5 paragraphs 6 to 8, paragraphs 10, 11 and 13 (partially) as to Scotland20th March 20062006/101
Schedule 6 paragraphs 1, 3, 14, 16, 19, 20, 23, 24, 26 and 27 (partially)6th August 20042004/2097
Schedule 6 paragraphs 1, 8 to 13, 15, 16(1) and (2), 17 to 19, 21, 22 and 25 as to England (in so far as not already in force)28th September 20042004/2202
Schedule 6 paragraph 7 as to England and Wales31st October 20042004/2593
Schedule 6 paragraph 16(4) (in so far as not already in force)25th July 20052004/2081
Schedule 6 paragraphs 20, 23, 24 and 26 as to England and Wales (in so far as not already in force)28th September 20042004/2202
Schedule 7 paragraph 19 (partially)6th August 20042004/2097
Schedule 7 paragraphs 2, 3, 6, 8, 11(1) to (3), 16, 17, 19(2), 22 and 23 as to England (in so far as not already in force)28th September 20042004/2202
Schedule 7 paragraphs 4, 5, 7, 9, 10(1) to (6), 11(4) and (5), 12 to 15, 18 and 21 as to England and Wales31st October 20042004/2593
Schedule 8 paragraph 4,9,17 and 18 (partially)6th August 20042004/2097
Schedule 8 as to England (so far as not already in force)28th September 20042004/2202
Schedule 9 as to England (partially)28th September 20042004/2202
Schedule 9 as to England and Wales (partially)28th September 20042004/2202
Schedule 9 as to England and Wales (partially)31st October 20042004/2593

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