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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.

Development plan schemes and action programmesS

20BDevelopment plan schemesS

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

(2)The authority in question is 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 plan.

(3)A development plan scheme is a document setting out the authority's programme for preparing and reviewing their strategic development plan or as the case may be 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.

(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 strategic development plan area or the area of the planning authority, as the case may be.

(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.

21Action programmesS

(1)A strategic development planning authority who prepare a strategic development plan are to prepare an action programme for the plan.

(2)A planning authority who prepare a local development plan are to prepare an action programme for the plan.

(3)In preparing the action programme the authority in question 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—

(a)strategic development plan under section 10(1)(a), or

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

they are to publish a proposed action programme for the plan.

(5)It is the duty of a key agency to co-operate with the authority in question in the preparation of the authority's action programme or proposed action programme.

(6)An action programme is a document setting out how the authority in question 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,

an action programme.

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

(9)The authority must keep the action 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, an action 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—

(i)in the case of a strategic development planning authority, in the strategic development plan area, and

(ii)in the case of a planning authority, 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).]