Town and Country Planning (Scotland) Act 1997

1 (1) This paragraph applies to land indicated in a structure plan in force for the area in which it is situated either—

(a) as land which may be required for the purposes—

(i) of the functions of a government department, local authority or statutory undertakers, or

(ii) of the establishment or running by a public telecommunications operator of a telecommunication system, or

(b) as land which may be included in an action area.

(2) This paragraph does not apply to land situated in an area for which a local plan is in force, where that plan—

(a) allocates any land in the area for the purposes of such functions as are mentioned in this paragraph, or

(b) defines any land in the area as the site of proposed development for the purposes of any such functions.

(3) This paragraph does not apply to land to which paragraph 3 or 4 applies.

(4) In sub-paragraph (1) the reference to a structure plan in force includes a reference to—

(a) a structure plan which has been submitted to the Secretary of State under section 6,

(b) proposals for the alteration or repeal and replacement of a structure plan which have been submitted to the Secretary of State under section 9, and

(c) modifications proposed to be made by the Secretary of State in any such plan or proposals, being modifications of which he has given notice in accordance with regulations under Part II.

(5) Sub-paragraph (4) shall cease to apply—

(a) if the copies of the proposals made available for inspection are withdrawn under section 8(10),

(b) when the relevant proposals come into force (whether in their original form or with modifications), or

(c) when the Secretary of State decides to reject the proposals in accordance with section 10 and notice of the decision has been given by advertisement.

(6) In sub-paragraph (4) references to anything done under any provision include reference to anything done under that provision as it applies by virtue of section 22.