Part XIIIS General

Regulations, orders and schemesS

[F1143A“Developments of national significance” etc.: special procedureS

(1)[F2Subject to subsection (4), subsection (3) applies to any]

(a)F3... order under section 5 of this Act directing that a road proposed to be constructed shall be a trunk road and the construction of the road would constitute a national development;

(b)F4... scheme under section 7 of this Act [F5(or any instrument confirming such a scheme)] which authorises the carrying out of work which would constitute a national development; or

(c)[F6subordinate legislation which] is the subject of a direction by the Scottish Ministers under this paragraph.

(2)In subsection (1) above, the references to a “national development” are to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the time being designated under section 3A(4)(b) of that Act as a national development.

[F7(3)The legislation is subject to the affirmative procedure.]

(4)Unless the Scottish Ministers otherwise direct, [F8any subordinate legislation] which revokes, amends or re-enacts [F9any legislation which was subject to the affirmative procedure by virtue] of subsection (3) above is not subject to the procedure in that subsection.]

Textual Amendments