2E+W+SWhere under section 15(2)(a) an application, on being referred to the Minister, falls to be dealt with [F1under the Town and Country Planning (Scotland) Act 1997 ], the following shall apply:—
(a)if the tree preservation order applies F2...[F3section 46 of the Town and Country Planning (Scotland) Act 1997] the provisions of the order and any [F4provisions of that Act] relating to the order shall apply as if the application—
(i)had been one made under the order for the felling of the trees; and
(ii)had been referred to the Minister in pursuance of the said section as so applied;
(b)if the order contains no such provisions as aforesaid it shall have effect for the purposes of this paragraph as if F5... [F3the said section 46] were incorporated therein subject to such modifications as the Minister may direct.
Textual Amendments
F1Words in Sch. 3 para. 2 substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 6(2)(a) (with s. 226); S.I. 2012/601, art. 2(a)
F2Words in Sch. 3 para. 2 repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 6(2)(b), 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.
F3Words in Sch. 3 para. 2 substituted (27.5.1997) by virtue of 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 13(3)(a)
F4Words in Sch. 3 para. 2 substituted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 6(2)(c) (with s. 226); S.I. 2012/601, art. 2(a)
F5Words in Sch. 3 para. 2 repealed (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 6(2)(d), 13 (with s. 226); S.I. 2012/601, art. 2(a)(c), Sch.