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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, Section 79 is up to date with all changes known to be in force on or before 22 November 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.
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- s. 82(1)(aa)-(ad) inserted by 2006 asp 17 s. 55(5)
79 Application of certain general provisions of principal Act.S
(1)Subject to [F1subsections (1A) and] (2), the following provisions of the principal Act shall apply for the purposes of this Act as they apply for the purposes of that Act—
section 85 (power to make provision for determination of claims),
section 146 (interdicts restraining breaches of planning control),
section 195 (general vesting declarations),
section 265 (local inquiries),
[F2section 265A (planning inquiries to be held in public subject to certain exceptions),]
section 266 (orders as to expenses of parties where no local inquiry held),
section 267 (procedure on certain appeals and applications),
section 271 (service of notices),
[F3section 271A(1) and (2) (service of notices on the Crown),]
section 272 (power to require information as to interests in land),
[F4section 272A(1) to (4) (information as to interests in Crown land),]
section 273 (offences by corporations), and
[F5section 275A (further provision as regards regulations: inquiries, etc.),]
section 276 (Act not excluded by special enactments).
[F6(1A)Subsection (1)(cc) of section 271 of the principal Act shall not apply to–
(a)serving a building preservation notice;
(b)serving a copy of a listed building enforcement notice by a planning authority;
(c)giving notice under section 34 of this Act of the exercise of powers conferred by subsection (7) of that section;
(d)serving a listed building enforcement notice issued by the Scottish Ministers; and
(e)giving notice to parties who must be notified of applications for listed building consent and other matters in accordance with regulations made under section 10 of that Act.]
(2)Section 273 of that Act shall not apply to offences under section 53 of this Act.
[F7(3)In the application of section 265A of the principal Act for the purposes of this Act, the provisions mentioned in subsection (1) of the section shall be construed as including any inquiry held by virtue of this section.]
Textual Amendments
F1Words in s. 79(1) substituted (28.7.2004) by The Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 2004/332), arts. 1(1), 10(1)(2)
F2Words in s. 79(1) inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 20(2)(a) (with s. 111); S.S.I. 2006/268, art. 3(f)
F3Words in s. 79(1) inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 20(2)(b) (with s. 111); S.S.I. 2006/268, art. 3(f)
F4Words in s. 79(1) inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 20(2)(c) (with s. 111); S.S.I. 2006/268, art. 3(f)
F5Words in s. 79(1) inserted (30.6.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 29(1), 33(2); S.S.I. 2011/174, art. 2, sch.
F6S. 79(1A) inserted (28.7.2004) by The Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 2004/332), arts. 1(1), 10(1)(3)
F7S. 79(3) inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 20(3) (with s. 111); S.S.I. 2006/268, art. 3(f)
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