2010 No. 460
Countryside

The National Scenic Areas (Consequential Modifications) (Scotland) Order 2010

Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 58(1) of the Planning etc. (Scotland) Act 20061 and all other powers enabling them to do so.

In accordance with section 58(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement1.

This Order may be cited as the National Scenic Areas (Consequential Modifications) (Scotland) Order 2010 and comes into force on 17th December 2010.

The Harbours Act 19642.

In paragraph 1 of Schedule 3 to the Harbours Act 19642 (Procedure for making harbour revision and empowerment Orders), in the definition of “sensitive area”, in paragraph (k), for the words from “an area defined” to “1978” substitute “as a National Scenic Area by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997”.

The Road Traffic Regulation Act 19843.

In section 22(1)(b)(ii) (Traffic regulation for special areas in the countryside) of the Road Traffic Regulation Act 19843 for the words from “under” to “1972” substitute “by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 19974”.

The Overhead Lines (Exemption) Regulations 19904.

In regulation 3(2) (exemptions from section 37(1) of the Electricity Act 1989) of the Overhead Lines (Exemption) Regulations 19905, for the definition of “National Scenic Area” substitute—

““National Scenic Area” means an area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act  1997;”.

The Town and Country Planning (General Permitted Development) (Scotland) Order 19925.

In article 2(1) (interpretation) of the Town and Country Planning (General Permitted Development) (Scotland) Order 19926, for the definition of “national scenic area” substitute—

““national scenic area” means an area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act  1997;”.

The Environmental Impact Assessment (Scotland) Regulations 19996.

(1)

The Environmental Impact Assessment (Scotland) Regulations 19997 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 2(1) (interpretation), in the definition of “sensitive area”, for paragraph (f) substitute—

“(f)

a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;”.

(3)

In regulation 55(a) (interpretation), in the definition of “sensitive area”, for paragraph (d) substitute—

“(d)

a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;”.

The Environmental Impact Assessment (Forestry) (Scotland) Regulations 19997.

In paragraph 1 (interpretation) of Schedule 2 (thresholds for identification of projects likely to have significant effects on the environment) to the Environmental Impact Assessment (Forestry) (Scotland) Regulations 19998, in the definition of “sensitive area”, for paragraph (e) substitute—

“(e)

a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;”.

The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 19998.

In regulation 2(1) (interpretation) of the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 19999, in paragraph (j) of the definition of “sensitive area”, for the words from “an area defined” to “1978” substitute “as a National Scenic Area by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997”.

The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 20009.

In paragraph 1 of Schedule 2 (description of development for the purposes of the definition of “Schedule 2 development”) to the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 200010, in paragraph (v) of the definition of “sensitive area”, for the words from “an area defined” to “1978” substitute “as a National Scenic Area by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997”.

The Electronic Communications Code (Conditions and Restrictions) Regulations 200310.

In regulation 2(2) (interpretation) of the Electronic Communications Code (Conditions and Restrictions) Regulations 200311 for the definition of “national scenic area” substitute—

““national scenic area” means an area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act  1997;”.

The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 200611.

In regulation 5(3) (screening decision – restructuring project) of the Environmental Impact Assessment (Agriculture) (Scotland) Regulations 200612, for paragraph (f) substitute—

“(f)

a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997;”.

The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 200812.

In paragraph 1 of Schedule 1 (interpretation of Schedules) to the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 200813 for the definition of “NSA” substitute—

““NSA” means a National Scenic Area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act  1997;”.

The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 200813.

In regulation 3(1) (interpretation) of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 200814 for the definition of “National Scenic Area” substitute—

““National Scenic Area” means an area designated by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act  1997;”.

R CUNNINGHAM
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Order)

This Order makes provision consequential on section 50 of the Planning etc. (Scotland) Act 2006 which inserts section 263A into the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”).

This Order provides for modifications of the enactments specified in articles 2 to 13 so that references in those enactments to “national scenic areas” will be references to national scenic areas designated by a direction made by the Scottish Ministers under section 263A of the 1997 Act.