[F154A“Developments of national significance” etc.: special procedureS
[F2(1)Subsection (4) below applies to a harbour revision order or harbour empowerment order which falls within subsection (2) below.]
(2)[F3An order] falls within this subsection if—
(a)[F4it] authorises the carrying out of work which would constitute a national development; or
(b)[F5it] is the subject of a direction by the Scottish Ministers under this paragraph.
(3)In subsection (2) above and subsection (5) below, references to a “national development” are to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the time being designated under section 3A(4)(b) of that Act as a national development.
[F6(4)The order is subject to the affirmative procedure.]
(5)[F7An order (“the new order”)] which revokes, amends or re-enacts an [F8order (“the old order”) which was subject to the affirmative procedure by virtue] of subsection (4) above is subject to the procedure in that subsection only if—
(a)the [F9new] order authorises the carrying out of work which would constitute a national development (other than a national development to which the [F10old order] relates); or
(b)the Scottish Ministers so direct.]
Textual Amendments
F1S. 54A inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(3), 30(4); S.S.I. 2007/516, art. 2
F2S. 54A(1) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(a) (with art. 8)
F3Words in s. 54A(2) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(b)(i) (with art. 8)
F4Word in s. 54A(2)(a) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(b)(ii) (with art. 8)
F5Word in s. 54A(2)(b) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(b)(iii) (with art. 8)
F6S. 54A(4) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(c) (with art. 8)
F7Words in s. 54A(5) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(d)(i) (with arts. 8, 9)
F8Words in s. 54A(5) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 6(d)(ii) (with arts. 8, 9)