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Town and Country Planning (Scotland) Act 1997
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- 1997 c. 8
- SCHEDULE 8
- Part I
- Old mining permissions
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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 ()
Old mining permissionsS
10(1)In this paragraph and Part II of this Schedule, “old mining permission” means any planning permission for development—S
(a)consisting of the winning and working of minerals, or
(b)involving the depositing of mineral waste,
which is deemed to have been granted by virtue of paragraph 77 of Schedule 22 to the 1972 Act (development authorised under interim development orders after 10th November 1943).
(2)An old mining permission shall, if an application under Part II of this Schedule to determine the conditions to which the permission is to be subject is finally determined, have effect as from the final determination as if granted on the terms required to be registered.
(3)If no such development has, at any time in the period of 2 years ending with 16th May 1991, been carried out to any substantial extent anywhere in, on or under the land to which an old mining permission relates, that permission shall not authorise any such development to be carried out after 24 January 1992 unless—
(a)the permission has effect in accordance with sub-paragraph (2), and
(b)the development is carried out after such an application is finally determined.
(4)An old mining permission shall—
(a)if no application for the registration of the permission is made under Part II of this Schedule, cease to have effect on the day following the last date on which such an application may be made, and
(b)if such an application is refused, cease to have effect on the day following the date on which the application is finally determined.
(5)An old mining permission shall, if—
(a)such an application is granted, but
(b)an application under Part II of this Schedule to determine the conditions to which the permission is to be subject is required to be served before the end of any period and is not so served,
cease to have effect on the day following the last date on which the application to determine those conditions may be served.
(6)Subject to sub-paragraph (3), this paragraph—
(a)shall not affect any development carried out under an old mining permission before an application under Part II of this Schedule to determine the conditions to which the permission is to be subject is finally determined or, as the case may be, the date on which the permission ceases to have effect, and
(b)shall not affect any order made or having effect as if made under paragraphs 1 to 9 and 11.
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