The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

Interpretation of Schedule 5 S

In this Schedule—

(1) “district salmon fishery board” has the meaning assigned to it by section 40 of the Salmon Act 1986 M1 ;

“historic battlefield” means a battlefield which is included in the inventory of battlefields compiled and maintained under section 32B of the Ancient Monuments and Archaeological Areas Act 1979 M2 ; and

“outdoor sports facility” means land used as—

(a)

an outdoor playing field extending to not less than 0.2ha used for any sport played on a pitch;

(b)

an outdoor athletics track;

(c)

a golf course;

(d)

an outdoor tennis court, other than those within a private dwelling, hotel or other tourist accommodation; and

(e)

an outdoor bowling green.

[F1 “relevant nuclear site” means a site which is—

(a)

a nuclear site (within the meaning given in section 112(1) of the Energy Act 2013);

(b)

an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998);

(c)

a new nuclear build site (within the meaning given in regulation 2A of those 1998 Regulations).]

“roads authority” has the same meaning as in section 151 of the Roads (Scotland) Act 1984 M3 ;

“SEPA” means the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995 M4 ;

“site of special scientific interest” has the same meaning as in section 58(1) of the Nature Conservation (Scotland) Act 2004 M5 .

“slurry” means animal faeces and urine (whether or not water has been added);

“special road” means a road provided or to be provided in accordance with a scheme under section 7 of the Roads (Scotland) Act 1984;

“sportscotland” means the Scottish Sports Council;

“toll order” has the same meaning as in Part II of the New Roads and Street Works Act 1991 M6 ;

“toll road” means a road which is the subject of a toll order;

“trunk road” means a road or proposed road which is a trunk road within the meaning of section 151 of the Roads (Scotland) Act 1984 that is to say, a road which is a trunk road by virtue of section 5 of that Act or of an Order or direction under that section or section 202 of the Act; and

(2) expressions which are used in paragraph 4 and in Council Directive 96/82/EC of the European Council M7 on the control of major accident hazards involving dangerous substances have the same meaning in that paragraph as in that Directive [F2 , as it had effect immediately before IP completion day].

Textual Amendments

F1 Words in sch. 5 inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 209(4) (with Sch. 4)

F2 Words in sch. 5 inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 3(3)(b) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2)(4), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 1986 c.62.

M2 1979 c.46. Section 32B was inserted by section 11 of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3).

M3 1984 c.54. Section 151 was relevantly amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 135(10) and S.I. 2001/1400.

M4 1995 c.25.

M5 2004 (asp 6).

M6 1991 c.22.

M7 O.J. No. L 10, 14.1.1997, p.13. The Directive was amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29th September 2003 (O.J. No. L 284, 31.10.2003) and Directive 2003/105/EC of the European Parliament and of the Council of 16th December 2003 (O.J. No. L 345, 31.12.2003 p.97).