Scottish Statutory Instruments
TOWN AND COUNTRY PLANNING
Made
28th February 2007
The Scottish Ministers, in exercise of the powers conferred by section 59(2) of the Planning etc. (Scotland) Act 2006(1) hereby make the following Order:
1.—(1) This Order may be cited as the Planning etc. (Scotland) Act 2006 (Commencement No. 2) Order 2007.
(2) In this Order–
“the Act” means the Planning etc. (Scotland) Act 2006; and
“the Schedule” means the Schedule to this Order.
2.—(1) Section 16(a) (manner in which applications for planning permission are dealt with etc.) of the Act shall come into force on 1st March 2007.
(2) The provisions of the Act which are specified in column 1 of the Schedule (and the subject matter of which is described in column 2 of the Schedule) shall, subject to paragraph (3), come into force on 1st April 2007 for all purposes.
(3) Where a particular purpose is specified in column 3 of the Schedule in relation to any provision, that provision shall come into force on 1st April 2007 only for that purpose.
DES McNULTY
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
28th February 2007
Article 2
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject Matter | Purpose |
| Section 1 | National Planning Framework | |
| Section 3(1)(a), (c), (d) and (e) and (4) | Meaning of “development” | |
| Section 4 | Marine fish farms | |
| Section 12(a)(iii) and (iv) | Public availability of information as to how planning applications have been dealt with | |
| Section 18 | Call-in of applications by Scottish Ministers | |
| Section 27 | Enforcement charters | |
| Section 28(1)(a), (b) and (c) | Tree preservation orders | |
| Section 32 | Grants for advice and assistance | |
| Sections 33 to 49 (Part 9) | Business Improvement Districts | |
| Section 50 | National Scenic Areas | Only for the purpose of enabling regulations to be made and guidance to be issued |
| Section 51 | Equal opportunities | |
| Section 54(1), (2), (11)(b)(i) and (iii), (16)(d) and (e) and (17)(a)(i), (ii) and (iii) | Further amendment of the principal Act | Section 54(17)(a)(i) is commenced only for the purpose of inserting the definitions of “national developments” and “National Planning Framework” into section 277(1) of the principal Act |
| Section 55(1) and (3) | Further amendment of the listed buildings Act | |
| Section 56 and the schedule | Repeals | Only for the purpose of the repeal of– (i) section 263 of the principal Act; (ii) Part 2 of Schedule 18 to the principal Act; and (iii) the provisions of the Water Environment and Water Services (Scotland) Act 2003(2) specified in the schedule. |
(This note is not part of the Order)
This Order brings section 16(a) of the Planning etc. (Scotland) Act 2006 (“the Act”) into force on 1st March 2007 and other provisions listed in the Schedule to the Order on 1st April 2007 either for all purposes or for limited purposes.
The provisions commenced on 1st April 2007 for all purposes are: section 1; subsection (1) (other than paragraph (b) and (4) of section 3; section 4; section 12(a)(iii) and (iv); sections 18 and 27; paragraphs (a), (b) and (c) of section 28(1); sections 33 to 49; section 51; section 54(1) and (2), paragraphs (b)(i) and (iii) of section 54(11), paragraphs (d) and (e) of section 54(16); paragraphs (a)(ii) and (iii) of section 54(17) and section 55(1) and (3).
Article 2(3) limits the purposes for which certain provision are commenced on 1st April 2007. Section 50 is commenced to enable regulations to be made or guidance issued. Section 54(17)(a)(i) is commenced for the purpose of inserting new definitions into section 277 of the Town and Country Planning (Scotland) Act 1997 (c. 8) (“the 1997 Act”). Section 56 and the Schedule are commenced for the purpose of repealing section 263 of and Part 2 of Schedule 18 to the 1997 Act and certain provisions of the Water Services and Water Environment (Scotland) Act 2003.
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement orders made before the date of this Order.
| Provision | Purpose | Date of Commencement | S.S.I. No. |
|---|---|---|---|
| Sections 3, 33 to 49 and 54 (partially) | 6th February 2007 | S.S.I. 2007/49 | |
| Sections 57 and 58 | 6th February 2007 | S.S.I. 2007/49 |