Search Legislation

Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 231

 Help about opening options

Version Superseded: 01/04/1996

Alternative versions:

Status:

Point in time view as at 01/05/1993. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997), Section 231. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

231 Validity of development plans and certain orders, decisions and directions.S

(1)Except as provided by the following provisions of this Part of this Act, the validity of—

(a)a structure plan, a local plan or any alteration, repeal or replacement of any such plan, whether before or after the plan, alteration, repeal or replacement has been approved or adopted; or

[F1(aa)a simplified planning zone scheme or any alteration of any such scheme whether before or after the adoption or approval of the scheme or alteration; or]

(b)an order under any provision of Part X of this Act, F2 whether before or after the order has been made; or

(c)an order under section 224 of this Act, whether before or after the order has been made; or

(d)any such order as is mentioned in subsection (2) of this section, whether before or after it has been confirmed; or

(e)any such action on the part of the Secretary of State as is mentioned in subsection (3) of this section,

shall not be questioned in any legal proceedings whatsoever.

(2)The orders referred to in subsection (1)(d) of this section are orders of any of the following descriptions, that is to say—

(a)any order under section 42 of this Act or under the provisions of that section as applied by or under any other provision of this Act [F3or as applied under section 181 of the Local Government (Scotland) Act 1973];

(b)any order under section 49 of this Act; [F4or under the provisions of that section as applied by or under any other provision of this Act or as applied under section 181 of the Local Government (Scotland) Act 1973.];

[F5(ba)any order under section 49A of this Act;

(bb)any order under section 49B of this Act;]

(c)any tree preservation order;

(d)any order made in pursuance of section 61(4) of this Act;

(e)

F6(f)any order under Part II of Schedule 10 to this Act.

(3)The action referred to in subsection (1)(e) of this section is action on the part of the Secretary of State of any of the following descriptions, that is to say—

(a)any decision of the Secretary of State on an application F7 referred to him under section 32 of this Act;

(b)any decision of the Secretary of State on an appeal under section 33 of this Act;

F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any decision by the Secretary of State to confirm a completion notice under section 41 of this Act;

[F9(dd)any decision by the Secretary of State relating to an application for hazardous substances consent;]

(e)any decision of the Secretary of State relating to an application for consent under a tree preservation order, or relating to an application for consent under any regulations made in accordance with section 61 of this Act, or relating to any certificate or direction under any such order or regulations, whether it is a decision of the Secretary of State on appeal or a decision on an application referred to him for determination in the first instance;

[F10(ee)any decision of the Secretary of State on an appeal to him under section 63A of this Act against a waste land notice;]

(f)any decision of the Secretary of State on an appeal to him under section 85 F2 of this Act against any enforcement notice;

[F11(g)any decision of the Secretary of State on an appeal under section 91(2) of this Act against the refusal or partial refusal of an application for [F12a certificate under section 90 or 90A of this Act];]

[F13(h)any decision of the Secretary of State on an appeal to him under section 93 of this Act against a listed building enforcement notice;]

(i)any decision of the Secretary of State to confirm a purchase notice or listed building purchase notice;

(j)any decision of the Secretary of State not to confirm a purchase notice or listed building purchase notice, including any decision not to confirm such a notice in respect of part of the land to which it relates, and including any decision to grant any permission, or give any direction, in lieu of confirming such a notice, either wholly or in part;

(k)any decision of the Secretary of State on an application referred to him under paragraph 4 of Schedule 10 to this Act (being an application for listed building consent for any works) or on an appeal under paragraph [F147] of that Schedule or section 93 of this Act.

(4)Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take any such action as is mentioned in subsection (3) of this section.

Textual Amendments

Modifications etc. (not altering text)

C1S. 231(3)(f) extended (with modifications) by S.I. 1984/995, reg. 2, Sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources