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Town and Country Planning (Scotland) Act 1997

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Changes over time for: Section 23B

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Changes to legislation:

Town and Country Planning (Scotland) Act 1997, Section 23B is up to date with all changes known to be in force on or before 07 March 2025. 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. Help about Changes to Legislation

[F123BDefault powers of the Scottish MinistersS

(1)This section applies where—

(a)under any of the previous sections of this Part, any F2... local development plan requires to be prepared, F3... any F4... proposed local development plan requires to be submitted to the Scottish Ministers, or steps are required to be taken for the adoption of a proposed local development plan, and

(b)the Scottish Ministers are satisfied that the authority in question—

(i)are not, within a reasonable period, doing what is required, or

(ii)have not met a time limit specified in any of those provisions for doing what is required (or some part of what is required).

(2)Where this section applies, the Scottish Ministers may—

(a)direct the authority in question (the “defaulting authority”) to carry out that authority's functions in relation to the matter and may specify in the direction the factors to be taken into account or objectives to be achieved by that authority in so doing, or

(b)prepare a F5... local development plan.

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The previous sections of this Part apply, so far as applicable and with any necessary modifications, in relation to the doing of anything—

(a)under subsection (2)(b) by the Scottish Ministers, or

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as they apply in relation to the doing of anything by the defaulting authority.

(5)The defaulting authority—

(a)must on demand repay to the Scottish Ministers so much of any expenses incurred by the Scottish Ministers in connection with the doing of anything which should have been done by the defaulting authority as the Scottish Ministers certify to have been incurred in the performance of the defaulting authority's functions, and

F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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