Town and Country Planning (Scotland) Act 1969

The Civic Amenities Act 1967 (c. 69)

46 In section 1 (preservation of character of areas of special architectural or historic interest), at the end of subsection (5)(b) there shall be added the words " or the Scottish Planning Act of 1969 ".

47 In section 3 (acts causing or likely to result in damage to listed buildings), for subsection (4) there shall be substituted the following subsection—

“(4) In the application of this section to Scotland—

(a) in subsection (1), for the references to section 41(1) of the Planning Act of 1968 and section 32 of the Planning Act there shall be substituted respectively references to section 41(1) of the Scottish Planning Act of 1969 and section 28(1) of the Scottish Planning Act;

(b) in subsection (2), for the references to the Planning Act and to Part V of the Planning Act of 1968 there shall be substituted respectively references to the Scottish Planning Act and Part V of the Scottish Planning Act of 1969.”

48 In section 6 (works to preserve listed buildings etc.), in subsection (2), for the words from " the proviso " to the end there shall be substituted the words " subsection (2) of section 48 of the Scottish Planning Act of 1969 ".

49 In section 8 (management of buildings acquired under section 38 of the Scottish Planning Act), in subsection (3)(b), for the words after the word " references " where first occurring there shall be substituted the words " to section 71(1)(b) of the Planning Act, sections 50(1) and 50(2) of the Planning Act of 1968 there shall be substituted respectively references to section 38(5) of the Scottish Planning Act, sections 50(1) and 50(2) of the Scottish Planning Act of 1969 ".

50 In section 14 (default powers and appeals relating to notices in connection with tree preservation orders), for paragraph (b) of subsection (5) there shall be substituted the following paragraph—

“(b) in subsection (3), for the words from ' section 16(2)' onwards there shall be substituted the words ' section 16(2), (3) and (4)(a) of the Town and Country Planning (Scotland) Act 1969 and so much of section 16(5) of that Act as enables the Secretary of State to give directions shall apply in relation to any such appeal as they apply in relation to an appeal against an enforcement notice '”.

51 In section 16 (power of local planning authority to make tree preservation order with immediate effect)—

(a) in subsection (1), the words "by the Minister" shall be omitted; and

(b) for subsections (2) and (3) there shall be substituted the following subsections:—

“(2) Notwithstanding section 26(4) of the Scottish Planning Act, an order which contains such a direction shall take effect provisionally on such date as may be specified therein and shall continue in force by virtue of this section until—

(a) the expiration of a period of six months beginning with the date on which the order was made ; or

(b) the date on which the order is confirmed or, in the case of an order which can be confirmed only by the Minister, on which he notifies the authority who made the order that he does not propose to confirm it;

whichever first occurs.

(3) Provision shall be made by regulations under the Scottish Planning Act for securing—

(a) that the notices to be given of the making of a tree preservation order containing a direction under this section shall include a statement of the effect of the direction ; and

(b) that where the Minister, in the case of an order which can be confirmed only by him, within the period of six months referred to in subsection (2) above, notifies the authority that he does not propose to confirm the order, copies of that notice shall be served on the owners, occupiers and lessees of the land to which the order related.”.

52 In section 30 (interpretation), in subsection (1), after the definition of "the Scottish Planning Act" there shall be inserted the following—

• “" the Scottish Planning Act of 1969 " means the Town and Country Planning (Scotland) Act 1969”.