2021 No. 293

Exiting The European Union
Town And Country Planning

The Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Amendment Order 2021

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by section 30(2)(b) of the Town and Country Planning (Scotland) Act 19971 and all other powers enabling them to do so.

Citation and commencement1

This Order may be cited as the Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Amendment Order 2021 and comes into force on 1 October 2021.

Amendment of the Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 20212

The Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 20212 is amended in accordance with articles 3 to 6.

Amendment of article 23

In article 2(1) (interpretation)—

a

before the definition of “building” insert—

  • “border department” means any of—

    1. a

      the Commissioners for Her Majesty’s Revenue and Customs,

    2. b

      the Secretary of State for Business, Energy and Industrial Strategy,

    3. c

      the Secretary of State for the Environment, Food and Rural Affairs, or

    4. d

      the Secretary of State for Transport,

b

for the definition of “developer” substitute—

  • “developer” means the Scottish Ministers, a border department, or a person carrying out the development on behalf of the Scottish Ministers or a border department,

c

in the definition of “safety hazard area” omit “local”.

Amendment of article 34

In article 3 (grant of planning permission for a limited period)—

a

in paragraph (1)(a)(i)—

i

after “the Scottish Ministers” insert “or a border department”, and

ii

omit “(“border processing”)”, and

b

in paragraph (1)(b)(ii) for “border processing” substitute “those activities described in sub-paragraph (a)(i)”.

Amendment of schedule 25

In schedule 2 (conditions)—

a

in paragraph 1 after “the Scottish Ministers” insert “or a border department”, and

b

in paragraph 25 omit “local” in both places it appears.

Amendment of schedule 36

In schedule 3 (engagement parties)—

a

in paragraph 3 for “Environmental” substitute “Environment”, and

b

in paragraph 10(a) omit “by”.

TOM ARTHURAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is note part of the Order)

This Order amends the Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021 (“the SDO”). Article 3 adds a definition of “border department” to the SDO, and expands the definition of “developer” to include a border department. Article 4 amends article 3 of the SDO so that the planning permission granted by the SDO includes permission for development for the purposes of any activity that forms part of the functions of a border department. Article 5 amends schedule 2 of the SDO which applies conditions to planning permission granted by article 3 of the SDO. Articles 3(c), 4(a)(ii) and (b), 5(b) and 6 make minor amendments to the SDO to correct typographical and formatting errors.