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The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

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Scottish Statutory Instruments

2008 No. 432

TOWN AND COUNTRY PLANNING

The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

Made

22nd December 2008

Laid before the Scottish Parliament

23rd December 2008

Coming into force in accordance with regulation 1(2) and (3)

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 27A(1), 27C, 30(1) and (3), 32, 34, 35(1), (2), (3) and (7), 35A(1), 35B(4) and (5), 35C(2), 36 (as read with section 152(6)), 36A(1) and (2)(b), 38(2)(b), 38A(1), 43, 59, 152 and 275 of the Town and Country Planning (Scotland) Act 1997(1), and section 2(2) of the European Communities Act 1972(2) and all other powers enabling them to do so.

(1)

1997 c. 8. The functions of the Secretary of State transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46). Sections 27A and 27C were inserted by section 6, sections 35A, 35B and 35C by section 11, section 36A by section 13, section 38A by section 14 and section 59 by section 21 of the Planning etc. (Scotland) Act 2006 (asp 17) (“the 2006 Act”) and sections 32, 34, 36, 43 and 275 were respectively substituted by or amended by sections 7, 10, 12, 16 and 54(16) of the 2006 Act.

(2)

1972 c. 68. Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c. 46) (“the 1998 Act”), and section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) (“the 2006 Act”). The powers in section 2(2) of the 1972 Act are exercised as regards regulation 30. The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

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