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Status:
This version of this cross heading contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Planning (Scotland) Act 2019, Cross Heading: Use of planning and development powers is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to
Schedule 1 Crossheading Use-of-planning-and-development-powers:
- specified provision(s) amendment to earlier commencing S.S.I. 2019/377, reg. 9 by S.S.I. 2019/411 reg. 2
- specified provision(s) amendment to earlier commencing S.S.I. 2021/101, regs. 3, 4 by S.S.I. 2021/291 reg. 2
Prospective
Use of planning and development powersS
15(1)Infrastructure-levy regulations may make provision about how any of the following powers may or may not be exercised—S
(a)section 75 of the Town and Country Planning (Scotland) Act 1997 (planning obligations),
(b)section 53 of the Roads (Scotland) Act 1984 (agreements as to use of land near roads),
(c)any other power relating to planning or development.
(2)But provision of the kind mentioned in sub-paragraph (1) may be made only if the Scottish Ministers consider it necessary or expedient for the purpose of—
(a)enhancing the effectiveness of infrastructure levy as a means of raising revenue to fund, or contribute towards funding, infrastructure projects, or
(b)preventing or restricting the use of powers, other than the power to charge infrastructure levy, in circumstances in which the Ministers think using the power to charge infrastructure levy would be more appropriate.
Yn ôl i’r brig