- Latest available (Revised)
- Original (As enacted)
Town and Country Planning (Scotland) Act 1997
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 21
Changes to legislation:
Town and Country Planning (Scotland) Act 1997, Section 21 is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 21:
- Act applied by S.S.I. 2008/189 art. 53(3)
- Act power to apply (with or without modifications) conferred by 2021 asp 9 s. 45(3)(b)(c)
- Pt. 11A inserted by 2006 asp 17 s. 29
- Pt. 12A inserted by 2006 asp 17 s. 30
- Pt. 12A inserted by 2019 asp 13 s. 46(2)
- s. 3CD inserted by 2019 asp 13 s. 4(2)
- s. 36(5)(6) inserted by 2019 asp 13 s. 36(2)
- s. 40A inserted by 2019 asp 13 s. 19(2)
- s. 43A-43AD substituted for s. 43A by 2019 asp 13 s. 28(2)
- s. 47(2)(aa) inserted by 2019 asp 13 s. 28(3)(a)
- s. 47(2A) inserted by 2019 asp 13 s. 28(3)(b)
- s. 47(6) inserted by 2019 asp 13 s. 31(2)(c)
- s. 57(2C)(2D) inserted by 2021 asp 9 s. 44(2)
- s. 75(4A) inserted by 2019 asp 13 s. 35(2)
- s. 75A(5A) inserted by 2019 asp 13 s. 35(3)
- s. 77A inserted by 2019 asp 13 s. 39(2)
- s. 135(4A) inserted by 2019 asp 13 s. 43(2)(c)
- s. 154(1)(c) and word inserted by 2019 asp 13 s. 28(4)(a)(ii)
- s. 154(1A) inserted by 2019 asp 13 s. 28(4)(b)
- s. 158A(1A) inserted by 2019 asp 13 s. 44(2)
- s. 158B-158F and cross-heading inserted by 2019 asp 13 s. 43(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by S.S.I. 2008/189 art. 53(3)
- Act power to apply (with or without modifications) conferred by 2021 asp 9 s. 45(3)(b)(c)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 11A inserted by 2006 asp 17 s. 29
- Pt. 12A inserted by 2006 asp 17 s. 30
- Pt. 12A inserted by 2019 asp 13 s. 46(2)
- s. 3CD inserted by 2019 asp 13 s. 4(2)
- s. 36(5)(6) inserted by 2019 asp 13 s. 36(2)
- s. 40A inserted by 2019 asp 13 s. 19(2)
- s. 43A-43AD substituted for s. 43A by 2019 asp 13 s. 28(2)
- s. 47(2)(aa) inserted by 2019 asp 13 s. 28(3)(a)
- s. 47(2A) inserted by 2019 asp 13 s. 28(3)(b)
- s. 47(6) inserted by 2019 asp 13 s. 31(2)(c)
- s. 57(2C)(2D) inserted by 2021 asp 9 s. 44(2)
- s. 75(4A) inserted by 2019 asp 13 s. 35(2)
- s. 75A(5A) inserted by 2019 asp 13 s. 35(3)
- s. 77A inserted by 2019 asp 13 s. 39(2)
- s. 135(4A) inserted by 2019 asp 13 s. 43(2)(c)
- s. 154(1)(c) and word inserted by 2019 asp 13 s. 28(4)(a)(ii)
- s. 154(1A) inserted by 2019 asp 13 s. 28(4)(b)
- s. 158A(1A) inserted by 2019 asp 13 s. 44(2)
- s. 158B-158F and cross-heading inserted by 2019 asp 13 s. 43(3)
[F121[F2Delivery programmes]S
F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)A planning authority who prepare a local development plan are to prepare [F4a delivery] programme for the plan.
(3)In preparing [F5a delivery] programme [F6an authority] 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—
F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)local development plan under section 18(1)(a),
they are to publish a proposed[F8delivery] programme for the plan.
[F9(4A)It is the duty of the head of the planning authority's paid service (designated under section 4 of the Local Government and Housing Act 1989) to prepare the proposed delivery programme.
(4B)The planning authority must approve the proposed delivery programme before it is published.
(4C)Section 56 of the Local Government (Scotland) Act 1973 (arrangements for discharge of functions by local authorities) does not apply to the function of approving a proposed delivery programme.]
(5)It is the duty of a key agency to co-operate with [F10an authority] in the preparation of the authority's [F11 delivery] programme or proposed [F11delivery] programme.
(6)[F12A delivery] programme is a document setting out how [F13an authority] 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,
[F14a delivery] programme.
(8)The authority are to adopt and publish the [F15delivery] programme within 3 months after the date on which the plan to which it relates is constituted.
(9)The authority must keep the [F16delivery] 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, [F17a delivery] 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—
F18(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)F19... 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).]
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.
F2S. 21 heading 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. 11(3), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)
F3S. 21(1) repealed (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(4)(a); S.S.I. 2023/10, reg. 3(2)(e)
F4Words in s. 21(2) 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. 11(2)(a), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)
F5Words in s. 21(3) 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. 11(2)(b), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)
F6Words in s. 21(3) substituted (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(4)(b); S.S.I. 2023/10, reg. 3(2)(e)
F7S. 21(4)(a) and word repealed (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(4)(c); S.S.I. 2023/10, reg. 3(2)(e)
F8Word in s. 21(4) 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. 11(2)(c), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)
F9S. 21(4A)-(4C) inserted (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. 11(2)(d), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)
F10Words in s. 21(5) substituted (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(4)(d); S.S.I. 2023/10, reg. 3(2)(e)
F11Word in s. 21(5) 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. 11(2)(e), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)
F12Words in s. 21(6) 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. 11(2)(f), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)
F13Words in s. 21(6) substituted (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(4)(e); S.S.I. 2023/10, reg. 3(2)(e)
F14Words in s. 21(7) 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. 11(2)(g), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)
F15Word in s. 21(8) 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. 11(2)(h), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)
F16Word in s. 21(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. 11(2)(i), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)
F17Words in s. 21(10) 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. 11(2)(j), 63(2); S.S.I. 2019/314, reg. 2; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)
F18S. 21(10)(b)(i) and word repealed (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(4)(f); S.S.I. 2023/10, reg. 3(2)(e)
F19Words in s. 21(10)(b)(ii) repealed (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(4)(g); S.S.I. 2023/10, reg. 3(2)(e)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open The Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act without Schedules as a PDF
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open the Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.