Part XIII General

Regulations, orders and schemes

143AF1“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.