2006 No. 101 (C.12 )

TOWN AND COUNTRY PLANNING

The Planning and Compulsory Purchase Act 2004 (Commencement No. 1) (Scotland) Order 2006

Made

The Scottish Ministers, in exercise of the powers conferred by sections 121(4) and 122(3) of the Planning and Compulsory Purchase Act 20041 hereby make the following Order:

Citation and extent1

1

This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 1) (Scotland) Order 2006.

2

This Order extends to Scotland only.

Appointed day2

The provisions of the Planning and Compulsory Purchase Act 2004 which are specified in column 1 of the Schedule to this Order (and the subject matter of which is described in column 2 of that Schedule) shall come into force on 20th March 2006 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.

MALCOLM CHISHOLMA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

SCHEDULE

Column 1

Column 2

Column 3

Provisions of the Act

Subject Matter

Purpose

Section 92(1)

Urgent Crown Development: Scotland

Only for the purpose of enabling provision to be made by development order.

Section 93(1)

Urgent works relating to Crown land: Scotland

Only for the purpose of enabling regulations to be made.

Section 98

Subordinate legislation: Scotland

Section 119(2)

Transitionals

Schedule 5 paragraphs 6 to 8, paragraphs 10 to 11 and paragraph 13

Crown application: Scotland

Only for the purposes of enabling rules, regulations, development order or other order to be made

(This note is not part of the Order)

This Order brings into force on 20th March 2006 certain provisions of the Planning and Compulsory Purchase Act 2004 (“the Act”) and as specified in the Schedule for the limited purposes of enabling the Scottish Ministers to make, or to make provision by means of, subordinate legislation.

The Order also brings into force on 20th March 2006 certain provisions for all purposes. Section 98 of the Act empowers the Scottish Ministers to provide by order that relevant subordinate legislation applies to the Crown or to modify subordinate legislation for the purposes of such application. Section 119(2) enables the Scottish Ministers to make certain transitional provision for Scotland.

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order:

Provision

Date of Commencement

S.I.No.

Sections 1 to 3 (partially)

6th August 2004

2004/2097

Sections 1 to 3 as to England (in so far as not already in force

28th September 2004

2004/2202

Section 4 as to England

28th September 2004

2004/2202

Section 5 (partially)

6th August 2004

2004/2097

Section 5 as to England (in so far as not already in force)

28th September 2004

2004/2202

Sections 6 and 7 as to England

28th September 2004

2004/2202

Section 8 (partially)

6th August

2004/2097

Section 8 as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 9 as to England

28th September 2004

2004/2202

Sections 10 to 15 (partially)

6th August 2004

2004/2097

Sections 10 to 15 as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 16 (partially)

6th August 2004

2004/2097

Section 16 as to England (in so far as not already in force)

28th September

2004/2202

Section 17 (partially)

6th August 2004

2004/2097

Section 17 as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 18 as to England

28th September 2004

2004/2202

Sections 19 to 22 (partially)

6th August 2004

2004/2097

Sections 19 to 22 as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 23 as to England

28th September 2004

2004/2202

Sections 24 to 26 (partially)

6th August 2004

2004/2097

Sections 24 to 26 as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 27 as to England

28th September 2004

2004/2202

Sections 28 and 29 (partially)

6th August 2004

2004/2097

Section 28 and 29 as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 30 as to England

28th September 2004

2004/2202

Section 31 (partially)

6th August 2004

2004/2097

Section 31 as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 32 to 34 as to England

28th September 2004

2004/2202

Sections 35 and 36 (partially)

6th August 2004

2004/2097

Sections 35 and 36 as to England (in so far as not already in force)

28th September 2004

2004/2202

Sections 37 to 39 as to England

28th September 2004

2004/2202

Sections 40 to 42 (partially)

6th August 2004

2004/2097

Section 43 (partially)

24th August 2005

2005/2081

Section 44 (partially)

6th August 2004

2004/2097

Section 44 (in so far as not already in force)

24th August 2005

2005/2081

Sections 46 to 50 (partially)

6th August 2004

2004/2097

Section 51

24th August 2005

2005/2081

Sections 52 to 54 (partially)

6th August 2004

2004/2097

Sections 52 and 53 as to England (in so far as not already in force)

7th March 2005

2005/204

Section 54 (in so far as not already in force)

25th August 2005

2005/2081

Sections 55 as to England (in so far as not already in force)

1st April 2005

2005/204

Section 56 as to England and Wales

28th September 2004

2004/2202

Section 57 (partially)

6th August 2004

2004/2097

Section 57 as to England and Wales (in so far as not already in force)

28th September 2004

2004/2202

Section 58 as to England and Wales

28th September 2004

2004/2202

Section 59 (partially)

6th August 2004

2004/2097

Section 59 as to England and Wales (in so far as not already in force)

28th September 2004

2004/2202

Sections 79 to 83 (partially)

6th August 2004

2004/2097

Section 88 (partially)

6th August 2004

2004/2097

Section 91 (partially)

6th August 2004

2004/2097

Sections 100 and 101 (partially)

6th August 2004

2004/2097

Sections 99 to 110 as to England and Wales (in so far as not already in force)

31st October 2004

2004/2593

Section 111(2) as to England and Wales

31st October 2004

2004/2593

Section 113 as to England

28th September 2004

2004/2202

Section 114 as to England (partially)

28th September 2004

2004/2202

Section 116 (partially)

6th August 2004

2004/2097

Section 116 (in so far as not already in force)

25th August 2005

2005/2081

Section 117(1) to (7) (partially)

6th August 2004

2004/2097

Section 117(1) to (7) as to England and Wales (in so far as not in force)

28th September 2004

2004/2202

Section 118 except subsection (2) in so far as it relates to the Town and Country Planning (Scotland) Act 1997 (partially)

6th August 2004

2004/2097

Section 118 except subsection (2) in so far as it relates to the Town and Country Planning (Scotland) Act 1997 (in so far as not already in force)

28th September 2004

2004/2202

Section 119 (1) (partially)

6th August 2004

2004/2097

Section 119(1) as to England (in so far as not already in force)

28th September 2004

2004/2202

Section 120 except in so far as it relates to the Town and Country Planning (Scotland) Act 1997, to the Planning (Hazardous Substances) (Scotland) Act 1997 or to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (partially)

6th August 2004

2004/2097

Section 120 except in so far as it relates to the Town and Country Planning (Scotland) Act 1997, to the Planning (Hazardous Substances) (Scotland) Act 1997 or to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

28th September 2004

2004/2202

Schedule 1 (partially)

6th August 2004

2004/2097

Schedule 2 paragraph 3 (partially)

6th August 2004

2004/2097

Schedule 2 as to England (in so far as not already in force)

1st April 2005

2005/204

Schedule 3 paragraph 6 to 8 and 10 to 12 (partially)

6th August 2004

2004/2097

Schedule 6 paragraphs 1, 3, 14, 16, 19, 20, 23, 24, 26 and 27 (partially)

6th August 2004

2004/2097

Schedule 6 paragraphs 1, 8 to 13, 15, 16(1) and (2), 17 to 19, 21, 22 and 25 as to England (in so far as not already in force)

28th September 2004

2004/2202

Schedule 6 paragraph 7 as to England and Wales

31st October 2004

2004/2593

Schedule 6 paragraph 16(4) (in so far as not already in force)

25th July 2005

2004/2081

Schedule 6 paragraphs 20, 23, 24 and 26 as to England and Wales (in so far as not already in force)

28th September 2004

2004/2202

Schedule 7 paragraph 19 (partially)

6th August 2004

2004/2097

Schedule 7 paragraphs 2, 3, 6, 8, 11(1) to (3), 16, 17, 19(2), 22 and 23 as to England (in so far as not already in force)

28th September 2004

2004/2202

Schedule 7 paragraphs 4, 5, 7, 9, 10(1) to (6), 11(4) and (5), 12 to 15, 18 and 21 as to England and Wales

31st October 2004

2004/2593

Schedule 8 paragraph 4,9,17 and 18 (partially)

6th August 2004

2004/2097

Schedule 8 as to England (so far as not already in force)

28th September 2004

2004/2202

Schedule 9 as to England (partially)

28th September 2004

2004/2202

Schedule 9 as to England and Wales (partially)

28th September 2004

2004/2202

Schedule 9 as to England and Wales (partially)

31st October 2004

2004/2593