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[F1 Part 2 S Development Plans

Textual Amendments

F1Pt. 2 substituted (19.5.2008 for specified purposes, 25.6.2008 for specified purposes, 28.2.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 2, 59(2) (with savings and transitional provisions in S.S.I. 2008/165, arts. 1, 2 and S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2008/164, art. 2(1)(2), sch.; S.S.I. 2009/70, art. 2, sch.

[F2Development plan schemes and delivery programmes]S

Textual Amendments

F2S. 20B cross-heading substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(4), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

20BDevelopment plan schemesS

(1)A development plan scheme is to be prepared F3... by each planning authority.

(2)[F4An authority are] to prepare the scheme—

(a)whenever required to do so by the Scottish Ministers, and

(b)(subject to paragraph (a)) whenever the authority think it appropriate to do so but in any event within 1 year after last preparing such a [F5scheme].

(3)A development plan scheme is a document setting out the authority's programme for preparing and reviewing F6... their local development plans.

(4)Without prejudice to the generality of subsection (3), “programme” in that subsection includes, having regard to the provisions of this Part—

(a)proposed timetabling,

(b)details of what is likely to be involved at each stage of preparation or review, and

(c)an account (in this Part referred to as an authority's “participation statement”) of when consultation is likely to take place and with whom and of its likely form and of the steps to be taken to involve the public at large in the stages of preparation or review.

[F7(4A)In preparing the development plan scheme the planning authority are to seek the views of, and have regard to any views expressed by the public at large as to the content of the participation statement.]

(5)As soon as is reasonably practicable after a development plan scheme has been adopted, the authority which prepared it are to—

(a)send two copies of it to the Scottish Ministers,

(b)publish it, and

(c)place a copy of it in each public library in the [F8area of the authority].

(6) In subsection (5)(b), “ publish ” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).

(7)Regulations may make provision as to—

(a)the form and content of, and

(b)the procedures for preparing and adopting,

a development plan scheme.

Textual Amendments

F7S. 20B(4A) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(14), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

21[F9Delivery programmes]S

F10(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A planning authority who prepare a local development plan are to prepare [F11a delivery] programme for the plan.

(3)In preparing [F12a delivery] programme [F13an authority] are to seek the views of, and have regard to any views expressed by—

(a)the key agencies, and

(b)such persons as may be prescribed.

(4)When an authority publish a proposed—

F14(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)local development plan under section 18(1)(a),

they are to publish a proposed[F15delivery] programme for the plan.

[F16(4A)It is the duty of the head of the planning authority's paid service (designated under section 4 of the Local Government and Housing Act 1989) to prepare the proposed delivery programme.

(4B)The planning authority must approve the proposed delivery programme before it is published.

(4C)Section 56 of the Local Government (Scotland) Act 1973 (arrangements for discharge of functions by local authorities) does not apply to the function of approving a proposed delivery programme.]

(5)It is the duty of a key agency to co-operate with [F17an authority] in the preparation of the authority's [F18 delivery] programme or proposed [F18delivery] programme.

(6)[F19A delivery] programme is a document setting out how [F20an authority] propose to implement the plan to which it relates.

(7)Regulations may make provision as to—

(a)the form and content of, and

(b)the procedures for preparing and adopting,

[F21a delivery] programme.

(8)The authority are to adopt and publish the [F22delivery] programme within 3 months after the date on which the plan to which it relates is constituted.

(9)The authority must keep the [F23delivery] programme under review and must update and re-publish it—

(a)whenever required to do so by the Scottish Ministers, and

(b)(subject to paragraph (a)) whenever they think it appropriate to do so but in any event within 2 years after last publishing (or re-publishing) it.

(10)When they publish, or re-publish, [F24a delivery] programme, the authority are to—

(a)send two copies of it to the Scottish Ministers, and

(b)place a copy of it in each public library—

F25(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)F26... in the part of the authority's district to which the local development plan in question relates,

and such publication, or re-publication, is to include by electronic means (as for example by means of the internet).]

Textual Amendments

F9S. 21 heading substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(3), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F11Words in s. 21(2) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(a), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F12Words in s. 21(3) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(b), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F15Word in s. 21(4) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(c), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F16S. 21(4A)-(4C) inserted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(d), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F18Word in s. 21(5) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(e), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F19Words in s. 21(6) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(f), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F21Words in s. 21(7) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(g), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F22Word in s. 21(8) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(h), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F23Word in s. 21(9) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(i), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)

F24Words in s. 21(10) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(j), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)