Town and Country Planning (Scotland) Act 1997

1 (1) This paragraph applies to land indicated in a [F1 strategic development] plan in force for the area in which it is situated either— S

(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 [F2 provision by an electronic communications operator of an electronic communications code network or the provision by a former PTO of a public electronic communications network or a public electronic communications service], 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 [F3 development] 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.

[F4 (4) In sub-paragraph (1), the reference to a strategic development plan in force includes a reference to—

(a) a proposed strategic development plan which has been submitted to the Scottish Ministers under section 10(3)(b), and

(b) intended modifications published under section 13(4)(b)(i).]

[F4 (5) Sub-paragraph (4) ceases to apply—

(a) when the proposed strategic development plan (whether or not in whole or in part and whether or not modified) is constituted under subsection (2) of section 13 as the strategic development plan,

(b) when as regards the proposed strategic development plan the strategic development planning authority arrive at the consideration mentioned in section 12A(6), or

(c) when, under subsection (1) of section 13, the Scottish Ministers reject the proposed strategic development plan.]

(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 [F5 23B].

Textual Amendments

F1 Words in Sch. 14 para. 1(1) substituted (6.4.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(19)(a)(i), 59(2) (with S.S.I. 2009/101, arts. 1(1), 3); S.S.I. 2009/100, art. 2, sch.

F2 Words in Sch. 14 para. 1(1)(a)(ii) substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 13(4)

F3 Word in Sch. 14 para. 1(2) inserted (6.4.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(19)(a)(ii), 59(2) (with S.S.I. 2009/101, arts. 1(1), 3); S.S.I. 2009/100, art. 2, sch.

F4 Sch. 14 para. 1(4)(5) substituted (6.4.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(19)(a)(iii), 59(2) (with S.S.I. 2009/101, arts. 1(1), 3); S.S.I. 2009/100, art. 2, sch.

F5 Word in Sch. 14 para. 1(6) substituted (6.4.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(19)(a)(iv), 59(2) (with S.S.I. 2009/101, arts. 1(1), 3); S.S.I. 2009/100, art. 2, sch.