Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

260 Default powers of Secretary of State. S

(1) If it appears to the Secretary of State, after consultation with the. . . F1 planning authority, to be expedient that any order to which this subsection applies should be made, he. . . F2 may himself make such an order; and any order so made by the Secretary of State shall have the like effect as if it had been made by the. . . F1 planning authority and confirmed by the Secretary of State under Part III or IV of this Act [F3 or, in the case of a tree preservation order under section 58 of this Act, as if it had been made and confirmed by the planning authority].

(2) Subsection (1) of this section applies to the following orders, that is to say—

(a) orders under section 42 of this Act, or under the provisions of that section as applied by any order or regulations made under Part IV of this Act;

(b) orders under section 49 of this Act;

[F4 (ba) orders under section 49A of this Act;

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

(c) tree preservation orders and orders amending or revoking them.

(3) The provisions of Part III or Part IV of this Act, and of any regulations made thereunder, with respect to the procedure to be followed in connection with the submission by the. . . F1 planning authority of any order to which subsection (1) of this section applies, with respect to the confirmation of such an order by the Secretary of State, and with respect to the service of copies thereof as so confirmed, shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1) of this section, in relation to the making thereof by the Secretary of State, and in relation to the service of copies thereof as so made.

(4) Without prejudice to subsection (3) of this section, where the Secretary of State proposes under subsection (1) of this section to make any such order as is mentioned in subsection (2)(a) or (b) of this section he shall serve a notice of the proposal on the. . . F1 planning authority; and if within such period as may be specified in the notice (not being less than twenty-eight days from the date of service) the authority so require, the Secretary of State before making the order shall afford to the authority an opportunity of appearing before, and being heard by, a person appointed by him for the purpose.

(5) If it appears to the Secretary of State, after consultation with the. . . F1 planning authority, to be expedient that—

(a) a completion notice under section 41 of this Act; or

(b) . . . F5

(c) an enforcement notice under section 84 of this Act,. . . F2 ; or

(d) a stop notice under section 87 of this Act; or

(e) a listed building enforcement notice,

should be served in respect of any land, he. . . F2 may himself serve such a notice; and any notice so served by the Secretary of State shall have the like effect as a notice served by the. . . F1 planning authority:

Provided that, in relation to an enforcement notice under section 84 of this Act or a listed building enforcement notice which is served by the Secretary of State, the provisions of sections 86, 88 and 89, or, as the case may be, of sections 94 and 95 of this Act shall apply as if for any reference therein to the. . . F1 planning authority there were substituted a reference to the Secretary of State.

(6)(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F1 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F2 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F3 Words inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 51

F4 S. 260(2)(ba)(bb) inserted by Town and Country Planning (Minerals) Act 1981 (c. 36) s. 35, Sch. 2 para. 10

F5 S. 260(5)(b) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F6 S. 260(6)(7) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4