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Town and Country Planning (Scotland) Act 1997
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- 1997 c. 8
- SCHEDULE 10
- Compensation
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Changes to Legislation
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.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this 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.
- Act applied by 2006 asp 13 s. 37(1)
- Act applied by 2006 asp 7 s. 74(1)
- Act applied by S.S.I. 2006/269 art. 3(9)
- Act applied by S.S.I. 2007/268 art. 14(5)
- Act applied by S.S.I. 2008/188 art. 53(3)
- Act applied by S.S.I. 2008/189 art. 53(3)
- Act applied by S.S.I. 2008/190 art. 53(3)
- Act applied in part by 2011 asp 2 s. 62(3)
- Act construed as one with SI 1994/2716 reg. 54-67 by virtue of SI 1994/2716 reg. 68(b) (as substituted) by S.I. 2009/2438 art. 6(2)
- Act continued by S.S.I. 2010/60 reg. 10(3)
- Act modified by S.S.I. 2011/347 art. 15(a)
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 1A inserted by 2006 asp 17 s. 1
- Pt. 11A inserted by 2006 asp 17 s. 29
- Pt. 12A inserted by 2006 asp 17 s. 30
- s. 3A(3) modified by S.S.I. 2011/228 Sch. 4 para. 9
- s. 3F inserted by 2009 asp 12 s. 72
- s. 3F power to repeal conferred by 2009 asp 12 s. 73(2)
- s. 26A inserted by 2006 asp 17 s. 5
- s. 26AA applied by S.S.I. 2007/268 art. 14(2)
- s. 26AA inserted by 2006 asp 17 s. 4(1)
- s. 26AB inserted by 2010 asp 5 s. 63(3)
- s. 27A-27C and cross-headings inserted by 2006 asp 17 s. 6(1)
- s. 27A-27C savings for effects of 2006 asp 17 s. 6(1) by S.S.I. 2009/222 art. 2
- s. 31A applied by S.S.I. 2007/268 art. 14(2)
- s. 31A and cross-heading inserted by 2006 asp 17 s. 4(2)
- s. 32A 32B and cross-heading inserted by 2006 asp 17 s. 8
- s. 32A(3) savings for effects of 2006 asp 17 s. 8 by S.S.I. 2009/222 art. 3
- s. 33A inserted by 2006 asp 17 s. 9(1)
- s. 35A-35C inserted by 2006 asp 17 s. 11
- s. 35A(1) savings for effects of 2006 asp 17 s. 11 by S.S.I. 2009/101 art. 2
- s. 35B savings for effects of 2006 asp 17 s. 11 by S.S.I. 2009/101 art. 2
- s. 36A inserted by 2006 asp 17 s. 13
- s. 36A savings for effects of 2006 asp 17 s. 13 by S.S.I. 2009/222 art. 5
- s. 38A inserted by 2006 asp 17 s. 14(1)
- s. 43A 43B inserted by 2006 asp 17 s. 17
- s. 43A(8)(a)(b) savings for effects of 2006 asp 17 s. 17 by S.S.I. 2009/222 art. 7(2)
- s. 43A(8)(c) savings for effects of 2006 asp 17 s. 17 by S.S.I. 2009/222 art. 7(1)(b)
- s. 47A inserted by 2006 asp 17 s. 19(2)
- s. 47A savings for effects of 2006 asp 17 s. 19(2) by S.S.I. 2009/222 art. 9(1)(b)
- s. 75-75C substituted for s. 75 by 2006 asp 17 s. 23
- s. 75A applied by SSI 2010/431 art. 3(1) (as substituted) by S.S.I. 2011/348 art. 2(2)
- s. 75B applied by SSI 2010/431 art. 3(1) (as substituted) by S.S.I. 2011/348 art. 2(2)
- s. 75C excluded by SSI 2010/431 art. 3(2) (as substituted) by S.S.I. 2011/348 art. 2(2)
- s. 75C savings for effects of 2006 asp 17 s. 23(1) by S.S.I. 2010/431 art. 3
- s. 75D-75G inserted by 2006 asp 17 s. 24
- s. 88A inserted by 2004 c. 5 Sch. 5 para. 1
- s. 116A inserted by 2008 c. 29 s. 176(6)
- s. 136A inserted by 2006 asp 17 s. 25(1)
- s. 144A-144D and cross-heading inserted by 2006 asp 17 s. 26(1)
- s. 145A inserted by 2006 asp 17 s. 25(2)
- s. 158A and cross-heading inserted by 2006 asp 17 s. 27
- s. 161A inserted by 2006 asp 17 s. 28(4)
- s. 241A inserted by 2004 c. 5 s. 90(1)
- s. 242A inserted by 2004 c. 5 s. 92(1)
- s. 242A(11) savings for effects of 2006 asp 17 s. 54(13) by S.S.I. 2009/222 art. 13
- s. 242A(11) word substituted by 2006 asp 17 s. 54(13)
- s. 245A inserted by 2004 c. 5 s. 94(2)
- s. 245B inserted by 2004 c. 5 s. 94(3)
- s. 247A inserted by 2004 c. 5 Sch. 5 para. 10(1)
- s. 253A inserted by 2006 asp 17 s. 32
- s. 263A and cross-heading inserted by 2006 asp 17 s. 50
- s. 265A inserted by 2004 c. 5 s. 91(1)
- s. 270A inserted by 2004 c. 5 Sch. 5 para. 14
- s. 270B inserted by 2006 asp 17 s. 51
- s. 271A inserted by 2004 c. 5 Sch. 5 para. 17
- s. 272A inserted by 2004 c. 5 Sch. 5 para. 18
- s. 275A inserted by 2006 asp 17 s. 52(1)
Commencement Orders yet to be applied to the Town and Country Planning (Scotland) Act 1997:
Commencement Orders
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:
- S.I. 2003/1900 art. 2(1) Sch. 1 commences (2003 c. 21)
- S.I. 2003/3142 art. 3(2) commences (2003 c. 21)
- S.I. 2004/2097 art. 2 commences (2004 c. 5)
- S.I. 2006/1281 art. 2-4 commences (2004 c. 5)
- S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
- S.I. 2009/400 art. 2-5 commences (2008 c. 29)
- S.I. 2010/101 art. 2-5 commences (2008 c. 29)
- S.I. 2011/2329 art. 3 commences (2011 c. 5)
- S.S.I. 2003/134 art. 2(1) Sch. commences (2003 asp 1)
- S.S.I. 2003/456 art. 2 commences (2000 asp 5)
- S.S.I. 2003/548 art. 2 commences (2003 asp 11)
- S.S.I. 2004/404 art. 2-4 commences (2003 asp 8)
- S.S.I. 2004/495 art. 2 commences (2004 asp 6)
- S.S.I. 2005/17 art. 2 commences (2003 asp 2)
- S.S.I. 2006/101 art. 2 commences ()
- S.S.I. 2006/243 art. 3 commences (2004 c. 5)
- S.S.I. 2006/268 art. 3 commences (2004 c. 5)
- S.S.I. 2007/49 art. 2 Sch. commences (2007 asp 17)
- S.S.I. 2007/50 art. 2 commences (2003 asp 3)
- S.S.I. 2007/130 art. 2 Sch. commences (2006 asp 17)
- S.S.I. 2007/516 art. 2 commences (2007 asp 8)
- S.S.I. 2008/164 art. 2 Sch. commences (2006 asp 17)
- S.S.I. 2008/245 art. 2 commences (2008 asp 4)
- S.S.I. 2008/411 art. 2 commences (2006 asp 17)
- S.S.I. 2009/100 art. 2 Sch. commences (2006 asp 17)
- S.S.I. 2009/170 art. 2 Sch. commences (2006 asp 17)
- S.S.I. 2009/179 art. 2 commences (2006 asp 17)
- S.S.I. 2009/219 art. 2 Sch. commences (2006 asp 17)
- S.S.I. 2009/341 art. 2 commences (2009 asp 12)
- S.S.I. 2010/400 art. 2 3 Sch. commences (2006 asp 17)
- S.S.I. 2010/401 art. 2-4 commences (2009 asp 6)
- S.S.I. 2010/430 art. 2 commences (2006 asp 17)
- S.S.I. 2011/38 art. 2 Sch. commences (2011 asp 2)
- S.S.I. 2011/58 art. 2 3 commences (2010 asp 5)
- S.S.I. 2011/382 art. 2 commences ()
CompensationS
13(1)This paragraph applies where—S
(a)an application made under paragraph 6 in respect of a mining site is finally determined,
(b)the conditions to which the mineral permissions relating to the site are to be subject, as determined under this Schedule, differ in any respect from the proposed conditions set out in the application, and
(c)the effect of the new conditions, except in so far as they are restoration or aftercare conditions, as compared with the effect of the existing conditions, except in so far as they were restoration or aftercare conditions, is to restrict working rights in respect of the site.
(2)For the purposes of this paragraph—
“the new conditions”, in relation to a mining site, means the conditions, determined under this Schedule, to which the mineral permissions relating to the site are to be subject; and
“the existing conditions”, in relation to a mining site, means the conditions to which the mineral permissions relating to the site were subject immediately prior to the final determination of the application made under paragraph 6 in respect of that site.
(3)For the purposes of this paragraph, working rights are restricted in respect of a mining site if any of—
(a)the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste,
(b)the depth to which operations for the winning and working of minerals may extend,
(c)the height of any deposit of mineral waste,
(d)the rate at which any particular mineral may be extracted,
(e)the rate at which any particular mineral waste may be deposited,
(f)the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease, or
(g)the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site,
is restricted or reduced in respect of the mining site in question.
(4)In a case to which this paragraph applies, but subject to sub-paragraph (6), Parts IV and X of this Act shall have effect as if an order made under section 65—
(a)had been confirmed by the Secretary of State under section 66 at the time when the application in question was finally determined, and
(b)as so confirmed, had effect to modify those permissions to the extent specified in sub-paragraph (6).
(5)For the purposes of this paragraph, the order referred to in sub-paragraph (4) is one whose only effect adverse to the interests of any person having an interest in the land or minerals comprised in the mineral site is to restrict working rights in respect of the site to the same extent as the relevant restriction.
(6)For the purposes of Schedule 13 and of any regulations made under that Schedule, the permissions treated as being modified by the order mentioned in sub-paragraph (4) shall be treated as if they were planning permissions for development which neither consists of nor includes any minerals development.
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