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The Town and Country Planning (Minerals) Act 1981 (Commencement No.4) (Scotland) Order 1987
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Statutory Instruments
1987 No. 2002 (C.61) (S.137)
TOWN AND COUNTRY PLANNING, SCOTLAND
The Town and Country Planning (Minerals) Act 1981 (Commencement No.4) (Scotland) Order 1987
Made
20th November 1987
The Secretary of State, in exercise of the powers conferred on him by section 35 of the Town and Country Planning (Minerals) Act 1981((1)) and of all other powers enabling him in that behalf, hereby makes the following Order:
1. This Order may be cited as the Town and Country Planning (Minerals) Act 1981 (Commencement No.4) (Scotland) Order 1987.
2. The provisions of the Town and Country Planning (Minerals) Act 1981 which are specified in column 1 of the Schedule to this Order (and which relate to the subject matter specified in relation thereto in column 2 of that Schedule) shall come into force on 1st January 1988.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
New St Andrew’s House,
Edinburgh
20th November 1987
Article 2
SCHEDULE
| Provisions of the Town and Country Planning (Minerals) Act 1981 | Subject matter of the provisions |
|---|---|
| PART II | |
| Section 19 | Addition to meaning of “development” |
| Section 20 | Duty of planning authorities to review mineral workings |
| Section 25 | Addition to section 42 of the Town and Country Planning (Scotland) Act 1972 ((2)) (“the 1972 Act”) on revoking or modifying planning permission |
| Section 26 | Addition to section 49 of the 1972 Act on discontinuance of use or alteration or removal of buildings or works |
| Section 27 | Insertion into the 1972 Act of sections 49A to 49G on orders prohibiting resumption of operations and orders relating to suspension of operations |
| Section 28 | Substitution for section 100 of the 1972 Act on enforcement of orders under sections 49, 49A and 49B |
| Section 30, insofar as it applies to the provisions of Schedule 2 which are specified below— | Consequential amendments to the 1972 Act as contained in Schedule 2. |
paragraphs 7, 8, 9 and 10; in paragraph 11— subparagraph (b); in subparagraph (c) the definition of “mineral workings deposit”; in subparagraph (e) the definition of “the statutory maximum”; and subparagraph (f) and (g). |
Explanatory Note
(This note is not part of the Order)
This Order brings into force on 1st January 1988 all the provisions of the Town and Country Planning (Minerals) Act 1981 which are not already in force. Most of these provisions are in Part II of the 1981 Act, which amends the Town and Country Planning (Scotland) Act 1972 as respects the exercise of planning control over the winning and working of minerals.
The Order also brings into force section 34 of the 1981 Act as it applies to the provisions of Schedule 2 which are not already in force. The provisions of Schedule 2 brought into force by this Order make consequential amendments to the Town and Country Planning (Scotland) Act 1972.
(1)
(2)
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