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Scottish Statutory Instruments

2013 No. 350

Town And Country Planning

The Town and Country Planning (Prescribed Date) (Scotland) Regulations 2013

Made

11th December 2013

Laid before the Scottish Parliament

13th December 2013

Coming into force

30th March 2014

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 26AA(2)(a) and 275 of the Town and Country Planning (Scotland) Act 1997(1) 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 (Prescribed Date) (Scotland) Regulations 2013 and come into force on 30th March 2014.

(2) In these Regulations “the Act” means the Town and Country Planning (Scotland) Act 1997.

Prescribed date

2.  The date prescribed for the purposes of section 26AA(2) of the Act is—

(a)in the case of a marine fish farm in respect of which an application for planning permission under section 31A of the Act is made to the Scottish Ministers before the date on which these Regulations come into force, 31st March 2015; and

(b)in any other case, 31st March 2014.

Revocation

3.  The Town and Country Planning (Prescribed Date) (Scotland) Regulations 2012(2) are revoked.

DEREK MACKAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

11th December 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations specify the date prescribed for the purposes of section 26AA(2) of the Town and Country Planning (Scotland) Act 1997 (“the Act”). These Regulations replace the Town and Country Planning (Prescribed Date) (Scotland) Regulations 2012 which are revoked by regulation 3. The prescribed date remains 31st March 2014 for all cases other than for those marine fish farms when an application for planning permission has been made to the Scottish Ministers before the date on which these Regulations come into force. In such cases the prescribed date is 31st March 2015.

(1)

1997 c.8. Sections 26AA and 31A were inserted by section 4 of the Planning etc. (Scotland) Act 2006 (asp 17). Section 31A was amended by section 23 of the Aquaculture and Fisheries (Scotland) Act 2013 (asp 7). Section 275 was relevantly amended by the Planning and Compulsory Purchase Act 2004 (c.5), Schedule 7, paragraph 20(3). “Prescribed” is defined by section 277(1) of the Town and Country Planning (Scotland) Act 1997.