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The Town and Country Planning (Prescribed Date) (Scotland) Amendment Regulations 2010

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Scottish Statutory Instruments

2010 No. 61

Town And Country Planning

The Town and Country Planning (Prescribed Date) (Scotland) Amendment Regulations 2010

Made

23rd February 2010

Laid before the Scottish Parliament

24th February 2010

Coming into force

31st March 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 26AA(2)(a) of the Town and Country Planning (Scotland) Act 1997(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Town and Country Planning (Prescribed Date) (Scotland) Amendment Regulations 2010 and come into force on 31st March 2010.

Amendment of the Town and Country Planning (Prescribed Date) (Scotland) Regulations 2007

2.—(1) The Town and Country Planning (Prescribed Date) (Scotland) Regulations 2007(2) are amended in accordance with paragraph (2).

(2) In regulation 2 (prescribed date) for “1st April 2010” substitute “31st March 2013”.

STEWART STEVENSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd February 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the date prescribed in the Town and Country Planning (Prescribed Date) (Scotland) Regulations 2007 for the purposes of section 26AA(2) of the Town and Country Planning (Scotland) Act 1997 (“the Act”). The prescribed date is changed from 1st April 2010 to 31st March 2013. The effect is that 31st March 2013 is, in the absence of a prior grant or refusal of planning permission under section 31A of the Act, the earliest date on which planning permission would be required for the operation of a marine fish farm using equipment placed or assembled before 1st April 2007 (the date on which section 3(1)(c) of the Planning etc. (Scotland) Act 2006 came into force).

(1)

1997 c.8; section 26AA was inserted by section 4(1) of the Planning etc. (Scotland) Act 2006 (asp 17). “Prescribed” is defined by section 277(1) of the Town and Country Planning (Scotland) Act 1997.

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