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The Planning (Scotland) Act 2019 (Commencement No. 12 and Saving and Transitional Provisions) Regulations 2023

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring sections 7, 8, 11 and 14(2) and paragraphs 2 and 3 of schedule 2 of the Planning (Scotland) Act 2019 (“the Act”) fully into force on 19 May 2023. They also bring section 14(1) and section 62 into force on that date respectively for the limited purposes of the commencement of section 14(2) and paragraphs 2 and 3 of schedule 2.

These Regulations also bring section 14(4) of the Act fully into force on 20 May 2023 and bring section 14(1) into force on that date for the limited purposes of the commencement of section 14(4).

Regulation 4 contains saving and transitional provisions so that the provisions of the Town and Country Planning (Scotland) Act 1997 relating to the preparation, examination and publication of a local development plan continue to apply as they had effect before 19 May 2023 where the proposed local development plan was published by the planning authority before 12 February 2023.

Regulation 5 contains saving and transitional provisions in relation to the preparation and publication of action programmes, to be re-named “delivery programmes” as a result of changes made by section 11 of the Act.

The Bill for the Act received Royal Assent on 25 July 2019. Sections 58 to 61, 63 and 64 came into force on the following day.

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