The Planning etc. (Scotland) Act 2006 (Consequential Provisions) Order 2007

Explanatory Note

(This note is not part of the Order)

This Order makes consequential and saving provisions to give effect to provisions of the Planning etc. (Scotland) Act 2006 (“the Act”). Section 56 of, and the schedule to, the Act repeal section 263 of, and Part 2 of Schedule 18 to, the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”). Section 263 of the 1997 Act made provision in respect of the application of certain provisions of the 1997 Act to development by local authorities of land in respect of which they are the planning authority and enabled regulations to be made which modified the provisions specified in Part 2 of Schedule 18 to the 1997 Act in their application to such development.

Article 2 revokes the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981 (“the 1981 Regulations”), being regulations which have effect as if made under section 263 of the 1997 Act. It also revokes the Town and Country Planning (Development by Planning Authorities) (Scotland) Amendment Regulations 1984, which would otherwise be spent on the revocation of the 1981 Regulations.

Article 3 makes a consequential amendment to the Environmental Impact Assessment (Scotland) Regulations 1999 to take account of the revocation of the 1981 Regulations.

Article 4 makes savings so that section 263 of, and Part 2 of Schedule 18 to, the 1997 Act, the Regulations revoked by article 2 and the provisions omitted by article 3 continue to have effect for proposed development in respect of which a notice has been published under regulation 4(1) of the 1981 Regulations on or before 31st March 2007.