Town and Country Planning (Scotland) Act 1997

[F1 19A Further provision as regards examination under section 19(4) S

(1) If, having conducted an examination under subsection (4) of section 19, the appointed person is not satisfied with the actings mentioned in that subsection he is to—

(a) prepare a report setting out his reasons for not being satisfied and recommending that the authority take such further steps with regard to—

(i) consultation, or

(ii) involving the public at large,

as are specified in the report,

(b) submit it to the Scottish Ministers, and

(c) send a copy of it to the planning authority.

(2) The authority may, within 4 weeks after receiving that copy, make representations to the Scottish Ministers as regards the report.

(3) The Scottish Ministers, provided that 4 weeks have elapsed since they received the report, may—

(a) direct the authority to take such further steps with regard to—

(i) consultation, or

(ii) involving the public at large,

as are specified in the direction, or

(b) direct the appointed person to proceed to an examination under subsection (3) of section 19.

(4) In giving a direction under paragraph (a) of subsection (3) the Scottish Ministers are to have regard to the appointed person's recommendations under paragraph (a) of subsection (1) and to any representations made under subsection (2).

(5) Where such a direction is given—

(a) the appointed person is not to proceed to an examination under subsection (3) of section 19, and

(b) after the further steps specified in the direction have been taken the authority—

(i) may modify the proposed local development plan so as to take account of any representations made to them in consequence of their taking those steps (and of any minor drafting or technical matters), and

(ii) are to submit it (whether or not modified) to the Scottish Ministers together with a note of any representations so made and of whether those representations are taken account of in the plan (and if so to what extent) and a report as to the extent to which the authority's actings with regard to consultation and involving the public at large have conformed with (or have gone beyond the requirements of) the specification of further steps.

(6) But if the authority consider that modifications are requisite and are such as would change the underlying aims or strategy of the proposed plan they are not to modify it (or submit it unmodified to the Scottish Ministers) but are to prepare and publish under section 18(1) a new proposed local development plan.

F2 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Section 19 and this section apply in relation to a proposed local development plan [F3 submitted under subsection (5)(b)(ii)] as they apply in relation to such a plan submitted under section 18(4)(a).

(10) Except that for the purposes of the application provided for in subsection (9), section 19 is to be construed as if—

(a) in subsection (2), for the words “subsection (3) F4 ... of section 18” there were substituted “ section 19A(5)(b)(i) ”, and

(b) in subsection (4), for the words “the participation statement of the authority which was current when the proposed plan was published under section 18(1)(a)” there were substituted “ the further steps specified in the direction under section 19A(3)(a) ”. ]

Textual Amendments

F1 Pt. 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.

F2 S. 19A(7)(8) repealed (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(11)(a), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F3 Words in s. 19A(9) substituted (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by Planning (Scotland) Act 2019 (asp 13), ss. 7(11)(b), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)

F4 Words in s. 19A(10)(a) repealed (19.5.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 2(4); S.S.I. 2023/100, reg. 2(2)(f) (with reg. 4)