Part XIII General

Regulations, orders and schemes

F1143A“Developments of national significance” etc.: special procedure

(1)

Subsection (3) below applies to a statutory instrument which—

(a)

contains an order under section 5 of this Act directing that a road proposed to be constructed shall be a trunk road and the construction of the road would constitute a national development;

(b)

contains or confirms a scheme under section 7 of this Act which authorises the carrying out of work which would constitute a national development; or

(c)

is the subject of a direction by the Scottish Ministers under this paragraph.

(2)

In subsection (1) above, the references to a “national development” are to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the time being designated under section 3A(4)(b) of that Act as a national development.

(3)

The statutory instrument—

(a)

is to be laid before the Scottish Parliament; and

(b)

cannot come into force unless the Scottish Parliament, by resolution, approves the instrument.

(4)

Unless the Scottish Ministers otherwise direct, an instrument containing or confirming an order or scheme which revokes, amends or re-enacts an instrument laid before the Scottish Parliament under paragraph (a) of subsection (3) above is not subject to the procedure in that subsection.