Town and Country Planning (Scotland) Act 1997

267 [F1 Appeals and applications under this Act: procedure etc.] S

(1) The Secretary of State may by regulations prescribe the procedure to be followed in connection with [F2 appeals and applications under this Act and as to the manner in which such appeals and applications are to be conducted].

[F3 (1A) Without prejudice to the generality of subsection (1), the regulations may—

(a) make different provision for different cases or classes of case and in particular according to whether an appeal is under subsection (1) of section 47 or under subsection (2) of that section,

(b) as regards the manner in which an appeal or application is to be conducted, make different provision for different stages of a case,

(c) make provision in relation to oral or written submissions and to documents in support of such submissions, and

(d) make provision in relation to time limits.

(1B) The provision which may be made by virtue of subsections (1) and (1A) includes provision as to—

(a) the making of oral submissions, or as to any failure to make such submissions or to lodge documents in support of such submissions,

(b) the lodging of, or as to any failure to lodge, written submissions or documents in support of such submissions, and

(c) subject to section 47A, as to what matters may be raised in the course of the appeal or application.

(1C) The provision which may be made by virtue of subsections (1) and (1A) includes provision that the manner in which an appeal or application, or any stage of an appeal or application, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under or by virtue of this Act).]

(2) The regulations may in particular make provision as to the procedure to be followed—

(a) where steps have been taken with a view to the holding of F4 ... an inquiry or hearing which does not take place, or

(b) where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or

(c) where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,

and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 267 heading substituted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 19(6), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 20009/210, art. 2, sch.

F2 Words in s. 267(1) substituted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 19(5)(a), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 20009/210, art. 2, sch.

F3 S. 267(1A)-(1C) inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 19(5)(b), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 20009/210, art. 2, sch.

F4 Word in s. 267(2)(a) repealed (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 19(5)(c), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 20009/210, art. 2, sch.

F5 S. 267(3) repealed (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 19(5)(d), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 20009/210, art. 2, sch.

Modifications etc. (not altering text)

C1 S. 267 applied (27.5.1997) by 1997 c. 10, ss. 36, 40(2) (with ss. 9(3), 10(5), 38(6))

S. 267 extended (27.5.1997) by 1997 c. 9, ss. 79(1), 83(2) (with s. 45(4)))