Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

273 Regulations and orders. S

(1) The Secretary of State may make regulations under this Act—

(a) for prescribing the form of any notice, order or other document authorised or required by any of the provisions of this Act to be served, made or issued by any local authority;

(b) for any purpose for which regulations are authorised or required to be made under this Act, not being a purpose for which regulations are authorised or required to be made by another Minister; [F1 and

(c) for any of the purposes mentioned in section 28 (power to prescribe matters relevant to Part IV) of the M1 Land Compensation (Scotland) Act 1963;]

(2) Any power conferred by this Act to make regulations shall be exercisable by statutory instrument; and any statutory instrument containing regulations made under this Act (except regulations which, by virtue of any provision of this Act, are of no effect unless approved by a resolution of each House of Parliament) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any power conferred by any of the provisions of this Act to make an order shall include power to vary or revoke any such order by a subsequent order.

(4) The power to make orders under sections 1(3), 18, 19(2)(f), 21, [F2 21E,] 53(3) [F3 56AA],. . . F4 , 181(4)(a), 261 and 279 of this Act shall be exercisable by statutory instrument.

(5) Any statutory instrument which contains a development order or an order under section 1(3), [F5 21E, 56AA]. . . F4 or [F6 181(4)(a)] of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Without prejudice to subsection (5) of this section, where a development order makes provision for excluding or modifying any enactment contained in a public general Act (other than any of the enactments specified in Schedule 20 to this Act) the order shall not have effect until that provision is approved by a resolution of each House of Parliament.

(7)(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

[F8 [(9) Any order under section 67, 71(6), 72(4) or 73(8) of this Act may contain such supplementary and incidental provisions as may appear to the Secretary of State to be appropriate.]]

(10) Any power (exercisable in accordance with section 280(2) of this Act) to make regulations or orders under this Act before the date of the commencement of this Act shall include power, by any regulations or order so made, to revoke any regulations or order made under any of the enactments which, as from that date, are repealed by this Act or having effect by virtue of any of those enactments as if made thereunder.

Textual Amendments

F1 S. 273(c) inserted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 79, Sch. 17, Pt. II para.18 (with s. 84(5)); S.I. 1991/2092, art.3

F2 “21E” inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 26(3), Sch. 6 Pt. IV para. 6(a)

F3 “56AA” inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 50, Sch. 9 Pt. II para. 18(2)(a)

F4 Figures repealed by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(2), Sch. 12 Pt. IV

F5 Figures inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 26(3), Sch. 6 Pt. IV para. 6(b) and s. 50, Sch. 9 Pt. II para. 18(2)(b)

F6 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 22

F7 S. 273(7)(8) repealed by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(2), Sch. 12 Pt. IV

F8 S. 273(9) repealed (prosp.) by Housing and Planning Act 1986 (c.63, SIF 123:2), ss. 53(2), 57(2), Sch. 12 Pt. IV

Marginal Citations

M1 1963 c. 51.