2019 No. 377 (C. 19)
The Planning (Scotland) Act 2019 (Commencement No. 2, Saving and Transitional Provisions) Regulations 2019
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 63(2) and (3) of the Planning (Scotland) Act 20191.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Planning (Scotland) Act 2019 (Commencement No. 2, Saving and Transitional Provisions) Regulations 2019 and come into force on 20 December 2019.
2
In these Regulations—
“the Act” means the Planning (Scotland) Act 2019, and
“the 1997 Act” means the Town and Country Planning (Scotland) Act 19972.
Appointed day – 20 December 20192
1
The day appointed for the coming into force of the provisions of the Act specified in paragraph (2) is 20 December 2019.
2
The provisions are—
a
section 25 (conditional grant of planning permission: noise-sensitive developments), and
b
section 42 (fines: increases and duty of court in determining amount).
Appointed day – 1 March 20203
The day appointed for the coming into force of section 23 (notice by planning authority of certain applications made to them) of the Act is 1 March 2020.
Conditional grant of planning permission: noise-sensitive developments – transitional provision4
The provisions of section 41A (conditional grant of planning permission: noise-sensitive developments) of the 1997 Act3 do not apply in respect of an application for planning permission made before 20 December 2019.
Penalties for non-compliance with planning contravention notice - saving provision5
The provisions of section 126 (penalties for non-compliance with planning contravention notice) of the 1997 Act4 continue to have effect as they did immediately before 20 December 2019 in respect of a planning contravention notice (as defined in section 277(1) of the 1997 Act) served before that date.
Enforcement notices - saving provision6
1
The provisions of the 1997 Act specified in paragraph (2) continue to have effect as they did immediately before 20 December 2019 in respect of an enforcement notice (as defined in section 277(1) of the 1997 Act) served before that date.
Penalties for contravention of stop notice - saving provision7
The provisions of section 144 (penalties for contravention of stop notice) of the 1997 Act7 continue to have effect as they did immediately before 20 December 2019 in respect of a stop notice (as defined in section 277(1) of the 1997 Act) served before that date.
Temporary stop notices: offences - saving provision8
The provisions of section 144C (temporary stop notices: offences) of the 1997 Act8 continue to have effect as they did immediately before 20 December 2019 in respect of a temporary stop notice (as defined in section 277(1) of the 1997 Act) issued before that date.
Enforcement of conditions - saving provision9
The provisions of section 145 (enforcement of conditions) of the 1997 Act9 continue to have effect as they did immediately before 20 December 2019 in respect of a planning contravention notice (as defined in section 277(1) of the 1997 Act) served before that date.
Display of advertisement in contravention of regulations - saving provision10
The provisions of section 186(3) (enforcement of control as to advertisements) of the 1997 Act10 continue to have effect as they did immediately before 20 December 2019 in respect of the display before that date of an advertisement in contravention of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 198411.
Duty to notify applications – saving provision11
The provisions of section 34 (notice by planning authority of certain applications made to them) of the 1997 Act12 continue to have effect as they did immediately before 1 March 2020 in respect of an application mentioned in section 34(2) of the 1997 Act made before that date.
(This note is not part of the Regulations)
(This note is not part of the Regulations)
The following provisions of the Planning (Scotland) Act 2019 have been brought into force by commencement regulations made before the date of these Regulations.
Provision | Date of Commencement | S.S.I. No. |
|---|---|---|
Sections 1, 2 and 10 | 8 November 2019 | |
Sections 3, 5, 7, 11, 14 and 62 and paragraph 9 of schedule 2 (for limited purposes) | 8 November 2019 |