The Planning (National Security Directions and Appointed Representatives) (Scotland) Rules 2008

Explanatory Note

(This note is not part of the Rules)

Section 265A of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”) provides that all planning inquiries are to be held in public except where the Secretary of State or the Scottish Ministers, after consultation with the Secretary of State, otherwise direct on the grounds of national security. Section 265A of the 1997 Act also makes provision for the appointment of persons (“appointed representatives”) to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if such a direction is given. In particular, section 265A(5)(a) confers a power on the Lord Advocate to appoint such a person before a direction is given by the Secretary of State and section 265A(5)(b) confers a power to appoint such a person where a direction has already been given.

These Rules set out the functions of all appointed representatives (rule 4).

These Rules also make provision as to the procedure to be followed by the Secretary of State when he is considering giving a national security direction, including provisions on publicity (rule 6), written representations (rule 8), hearings (rules 9 and 10) and notification of his decision (rule 14).

The provisions in section 265A(2) to (13) of the 1997 Act are applied to the holding of a local inquiry under paragraph 6 of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 by paragraph 6(7) of that Schedule; and to the holding of a local inquiry under paragraph 6 of the Schedule to the Planning (Hazardous Substances) (Scotland) Act 1997 by paragraph 6(7) of that Schedule.

Similar Rules have been made in connection with Scottish Ministers' direction-making functions under section 265A of the 1997 Act (S.S.I. 2006/265) and in relation to English planning inquiries by S.I. 2006/1284.