Draft Regulations laid before the Scottish Parliament under section 5(2) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021, for approval by resolution of the Scottish Parliament.
Draft Scottish Statutory Instruments
Town And Country Planning
Made
2024
Coming into force
5th December 2024
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 40, 252 and 275 of the Town and Country Planning (Scotland) Act 1997(1), section 1(1) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021(2) and all other powers enabling them to do so.
In accordance with section 5(2) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021(3), a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
1997 c. 8. Section 40 was amended by S.I. 2011/1043, by section 24(3) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3) (“the 2003 Act”) and section 24 of the Planning (Scotland) Act 2019 (asp 13) (“the 2019 Act”). Section 252 was amended by section 31 of the Planning etc. (Scotland) Act 2006 (asp 17) (“the 2006 Act”) and by section 41 of the 2019 Act. Section 275 was relevantly amended by section 54(16) of the 2006 Act. Section 277 contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State under the Town and Country Planning (Scotland) Act 1997 transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). These Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.
Under section 5 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 where regulations make provision for the charging of fees the regulations are subject to the affirmative procedure.