- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Planning (Consequential Provisions) (Scotland) Act 1997. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
Modifications etc. (not altering text)
1(1)The repeal by this Act of a provision relating to the coming into force of a provision reproduced in the consolidating Acts does not affect the operation of that provision, in so far as it is not specifically reproduced in the consolidating Acts but remains capable of having effect, in relation to the corresponding provision of the consolidating Acts.E+W+S+N.I.
(2)The repeal by this Act of a power to make provision or savings in preparation for or in connection with the coming into force of a provision reproduced in the consolidating Acts does not affect the power, in so far as it remains capable of having effect, in relation to the enactment reproducing the second provision.
2(1)The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.E+W+S+N.I.
(2)The repeal by this Act of a saving to which a previous repeal of an enactment is subject does not affect the operation of the saving in so far as it is not specifically reproduced in the consolidating Acts but remains capable of having effect.
3Without prejudice to the generality of paragraphs 1 and 2, notwithstanding the repeal by this Act of Schedule 22 to the 1972 Act, the provisions of that Schedule shall continue to have effect, in so far as they are not specifically reproduced in this Schedule and remain capable of having effect, with any reference in those provisions to any provision of the repealed enactments which is reproduced in the consolidating Acts being taken, so far as the context permits, as including a reference to the corresponding provision of those Acts.E+W+S+N.I.
4The repeal by this Act of an enactment which has effect as respects any provision of the repealed enactments (being a provision which is not reproduced in the consolidating Acts but continues in effect by virtue of this Schedule or the M1Interpretation Act 1978) does not affect its operation as respects that provision.E+W+S+N.I.
5Any document made, served or issued after this Act comes into force which contains a reference to any of the repealed enactments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Acts.E+W+S+N.I.
6Where any provision of the repealed enactments amends an enactment (not being an enactment reproduced in the consolidating Acts) which is repealed or partly repealed by another enactment which is not in force when this Act comes into force, that provision shall continue to have effect, notwithstanding its repeal by this Act, but subject to section 2(4) of this Act.E+W+S+N.I.
7In any regulations in force under section 88 of the 1972 Act (execution and cost of works required by enforcement notice) references to an enforcement notice, and an enforcement notice a copy of which has been served in respect of any breach of planning control, include a reference to a notice served under section 99 of that Act or section 168 of the principal Act (enforcement of duties as to replacement of trees).E+W+S+N.I.
8The expressions “statutory undertakers” in any provision of the consolidating Acts shall, as respects any time when the corresponding provision in the repealed enactments (or any enactment replaced by them) was in force, have the same meanings as those expressions had at that time in that provision.” and “E+W+S+N.I.
9Notwithstanding the repeal by this Act of section 172 of the M2Local Government (Scotland) Act 1973, the amendments made by subsection (2) of that section (under which, in the term “local planning authority”, wherever it occurs in any enactment or instrument made under or by virtue of an enactment, the word “local” is omitted) shall continue to have effect.E+W+S+N.I.
10(1)The repeal by this Act of section 1(8) of the M3Town and Country Planning Act 1984 (which validates certain permissions granted in respect of Crown land before 12th August 1984) shall not affect any permission to which that section applies immediately before the date on which the principal Act comes into force (and accordingly any such permission has effect and is deemed always to have had effect as provided in section 248(3) of the principal Act).E+W+S+N.I.
(2)The repeal by this Act of section 2(7) of that Act of 1984 (which makes similar provision as to tree preservation orders) shall not affect any order to which that section applies immediately before the date on which the principal Act comes into force (and accordingly any such order has effect and is deemed always to have had effect as provided in section 249(3) of the principal Act).
(3)The repeal by this Act of section 1(8) of that Act of 1984 (which makes similar provision as to listed building consents and conservation area consents) shall not affect any order to which that section applies immediately before the date on which the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 comes into force (and accordingly any such consent has effect and is deemed always to have had effect as provided in section 75(3) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997).
11In relation to any area which, on 1st April 1992, was designated as a National Scenic Area under section 262C of the 1972 Act, that section shall continue to apply as it had effect immediately prior to that date, and the area shall continue to be so designated until the designation is cancelled under subsection (1) of that section.E+W+S+N.I.
12The repeal by this Act of section 4 of the M4Town and Country Planning (Costs of Inquiries etc.) Act 1995 (which validates certain payments etc. in connection with inquiries and hearings under section 8 of the M5Town and Country Planning (Scotland) Act 1969 and section 11 of the 1972 Act held before 8th November 1995) shall not affect the operation of that section in relation to any such inquiry or hearing.E+W+S+N.I.
13(1)Where the functions of a Minister under any enactment re-enacted or referred to in this Act have at any time been exercisable by another Minister or other Ministers, references in the relevant provision of this Act shall, as respects any such time, be construed as references to the other Minister or Ministers.E+W+S+N.I.
(2)In this paragraph “Minister” includes the Board of Trade and the Treasury.
14Section 16 of, and paragraph 7(5) to (7) of Schedule 5 to, the principal Act shall have effect in relation to the performance of functions in relation to inquiries and hearings before as well as after 8th November 1995 (the date when the M6Town and Country Planning (Costs of Inquiries etc.) Act 1995 was passed).E+W+S+N.I.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: