Part XV Miscellaneous and Supplementary Provisions

F2 Interdicts restraining breaches of planning control

Annotations:
Amendments (Textual)

268 Inquiries under Private Legislation Procedure (Scotland) Act 1936. C1

1

Where the Ministers concerned so direct—

a

any inquiry in relation to an order under this Act which in certain events becomes subject to special parliamentary procedure, and

b

any hearing in connection with—

i

an appeal against the refusal, or the grant, subject to conditions, of an application by statutory undertakers for planning permission to develop operational land, or

ii

such an application made by statutory undertakers and referred to the Secretary of State, or

iii

the revocation or modification of planning permission to develop operational land granted to statutory undertakers,

shall be held by Commissioners under the M1Private Legislation Procedure (Scotland) Act 1936.

2

Any such direction shall be deemed to have been given under section 2, as read with section 10, of the M2Statutory Orders (Special Procedure) Act 1945.

3

Subsections (5) and (6) of section 225 of this Act shall not apply to an order such as is mentioned in subsection (1)(a) above.

4

Nothing in subsections (2) to (9) of section 267 of this Act shall apply to any inquiry to which subsection (1)(a) above applies.

5

The provisions of the said Act of 1945 in relation to the publication of notices in the Edinburgh Gazette and in a newspaper shall, notwithstanding anything contained in that Act, not apply to any order under this Act which is subject to special parliamentary procedure.

F1 Interdicts restraining breaches of planning control

Annotations:
Amendments (Textual)

268 Inquiries under Private Legislation Procedure (Scotland) Act 1936. C1

1

Where the Ministers concerned so direct—

a

any inquiry in relation to an order under this Act which in certain events becomes subject to special parliamentary procedure, and

b

any hearing in connection with—

i

an appeal against the refusal, or the grant, subject to conditions, of an application by statutory undertakers for planning permission to develop operational land, or

ii

such an application made by statutory undertakers and referred to the Secretary of State, or

iii

the revocation or modification of planning permission to develop operational land granted to statutory undertakers,

shall be held by Commissioners under the M1Private Legislation Procedure (Scotland) Act 1936.

2

Any such direction shall be deemed to have been given under section 2, as read with section 10, of the M2Statutory Orders (Special Procedure) Act 1945.

3

Subsections (5) and (6) of section 225 of this Act shall not apply to an order such as is mentioned in subsection (1)(a) above.

4

Nothing in subsections (2) to (9) of section 267 of this Act shall apply to any inquiry to which subsection (1)(a) above applies.

5

The provisions of the said Act of 1945 in relation to the publication of notices in the Edinburgh Gazette and in a newspaper shall, notwithstanding anything contained in that Act, not apply to any order under this Act which is subject to special parliamentary procedure.