The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2020

Scottish Statutory Instruments

2020 No. 254

Town And Country Planning

The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2020

Made

21st August 2020

Laid before the Scottish Parliament

25th August 2020

Coming into force

5th October 2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 58(3D) and 59(8D) of the Town and Country Planning (Scotland) Act 1997(1), section 16(7) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(2) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2020 and come into force on 5 October 2020.

(2) In these Regulations—

“the Act” means the Town and Country Planning (Scotland) Act 1997, and

“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

Amendment of the definition of “emergency period”

2.—(1) In the definition of “emergency period” in section 58(3C) of the Act—

(a) omit “of 6 months”, and

(b) after “force” insert “and ending on 31 March 2021”.

(2) In the definition of “emergency period” in section 59(8C) of the Act—

(a) omit “of 6 months”, and

(b) after “force” insert “and ending on 31 March 2021”.

(3) In the definition of “emergency period” in section 16(6) of the Listed Buildings Act, for “6 October 2020” substitute “31 March 2021”.

Amendment of the definition of “extended period”

3.—(1) In the definition of “extended period” in section 58(3C) of the Act—

(a) omit “of 12 months”, and

(b) for “that date” substitute, “the date that paragraph came into force and ending on 30 September 2021”.

(2) In the definition of “extended period” in section 59(8C) of the Act—

(a) omit “of 12 months”, and

(b) for “that date” substitute, “the date that paragraph came into force and ending on 30 September 2021”.

(3) In the definition of “extended period” in section 16(6) of the Listed Buildings Act, for “6 April” substitute “30 September”.

FIONA HYSLOP

A member of the Scottish Government

St Andrew’s House,

Edinburgh

21st August 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the definitions of “emergency period” and “extended period” in sections 58(3C) and 59(8C) of the Town and Country Planning (Scotland) Act 1997 (“the Act”), as it has effect by virtue of paragraphs 8 to 10 of schedule 7 of the Coronavirus (Scotland) Act 2020, and in section 16(6) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (“the Listed Buildings Act”), as inserted by paragraph 2 of schedule 4 of the Coronavirus (Scotland) (No. 2) Act 2020.

As currently defined by sections 58(3C) and 59(8C) of the Act the “emergency period” began on 7 April 2020 and would end on 6 October 2020 and the “extended period” began on 7 April 2020 and would end on 6 April 2021. As amended by these Regulations the “emergency period” is the period which began on 7 April 2020 and will end on 31 March 2021 and the “extended period” is the period which began on 7 April 2020 and will end on 30 September 2021.

As currently defined by section 16(6) of the Listed Buildings Act the “emergency period” began on 27 May 2020 and would end on 6 October 2020 and the “extended period” began on 27 May 2020 and would end on 6 April 2021. As amended by these Regulations the “emergency period” is the period which began on 27 May 2020 and will end on 31 March 2021 and the “extended period” is the period which began on 27 May 2020 and will end on 30 September 2021.

(1)

1997 c.8. Sections 58(3D) and 59(8D) have effect by virtue of paragraphs 8 to 10 of schedule 7 of the Coronavirus (Scotland) Act 2020 (asp 7).

(2)

1997 c.9. Section 16(6) inserted by, and section 16(7) has effect by virtue of, paragraph 2 of schedule 4 of the Coronavirus (Scotland) (No. 2) Act 2020 (asp 10).