The Planning and Compensation Act 1991 (Commencement No. 12 and Transitional Provisions) (Scotland) Order 1992

Explanatory Note

(This note is not part of the Order)

Article 3 of this Order brings into force on 10th August 1992 the following provisions of the Planning and Compensation Act 1991 insofar as they enable the Secretary of State to make development orders or regulations in relation to Scotland:—

section 34	(definition of a breach of condition notice)
section 42	(procedure for certificate of lawful use or development)

Article 3 also brings into force for all purposes on that date the following provisions of that Act, which apply to Scotland:—

section 45	(fish farming)
section 55	(control over advertisements)
section 61 and Schedule 13 paragraph 22	(register of breach of condition notices)

Article 4 brings into force on 25th September 1992 the following provisions of that Act which apply to Scotland, insofar as they are not already in force:—

section 34	(enforcement of conditions)
section 36	(time limits on enforcement action)
section 42	(certificates of lawful use or development)
section 61 and Schedule 13 paragraph 18	(penalty for damage to listed buildings)
section 61 and Schedule 13 various other paragraphs	so far as they relate to minor and consequential amendments

Article 5 is a transitional provision which preserves the effect of existing determinations as to the need for planning permission under section 51 of the Town and Country Planning (Scotland) Act 1972, of established use certificates granted under sections 90 and 91 of that Act, and of outstanding applications for such determinations and certificates.