Town and Country Planning (Scotland) Act 1972

Sections 58(11), 59(4).

SCHEDULE 11 Tree Preservation Orders : Modifications of this Act pending coming into operation of sections 58(5) and 59(1) to (3)

1 In section 58(4), the words "under subsection (5)(c) of this section and " shall be omitted.

2 For section 58(5) there shall be subsituted:—

“(5) Provision may be made by regulations under this Act with respect to the form of tree preservation orders and the procedure to be followed in connection with the submission and confirmation of such orders, and such regulations shall, in particular, make provision for securing—

(a) that notice shall be given to the owners, lessees and occupiers of land affected by any such order of the submission to the Secretary of State of the order;

(b) that objections and representations with respect to the proposed order duly made in accordance with the regulations shall be considered before the order is confirmed by the Secretary of State ; and

(c) that copies of the order when confirmed by the Secretary of State shall be served on the owners, lessees and occupiers of the land to which it relates.”

3 For section 59(1) to (3) there shall be substitued:—

“59 (1) If it appears to a local planning authority that a tree preservation order proposed to be made by that authority should take effect immediately without previous confirmation by the Secretary of State, they may include in the order as made by them a direction that this section shall apply to the order.

(2) Notwithstanding section 58(4) of this Act, an order which contains such a direction shall take effect provisionally on such date as may be specified therein, and shall continue in force by virtue of this section until the expiration of the period of six months beginning with the date on which the order was made, or until the date on which the Secretary of State confirms the order or notifies the local planning authority that he does not propose to confirm it, whichever first occurs.

(3) Provision shall be made by regulations under this Act for securing—

(a) that the notices to be given of the submission to the Secretary of State of a tree preservation order containing a direction under this section shall include a statement of the effect of the direction; and

(b) that where the Secretary of State, within the said period of six months, notifies the local planning authority that he does not propose to confirm such an order, copies of that notice shall be served on the owners, lessees and occupiers of the land to which the order related.”