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Town and Country Planning (Scotland) Act 1997
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- UK Public General Acts
- 1997 c. 8
- SCHEDULE 5
- Default powers
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Changes over time for: Cross Heading: Default powers
Alternative versions:
- 27/05/1997- Amendment
- 01/04/2024- Amendment
- 01/04/2024
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Point in time view as at 01/04/2024.
Changes to legislation:
Town and Country Planning (Scotland) Act 1997, Cross Heading: Default powers is up to date with all changes known to be in force on or before 26 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Default powersS
11(1)Where—S
[F1(a)a planning authority are directed under paragraph 3 to alter a simplified planning zone scheme in such manner as the Scottish Ministers consider appropriate, and]
(b)the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the F2... alteration of a scheme,
he may himself make F3... the alterations.
(2)Where under this paragraph anything which ought to have been done by a planning authority is done by the Secretary of State, the preceding provisions of this Schedule apply, so far as practicable, with any necessary modifications in relation to the doing of that thing by the Secretary of State and the thing so done.
(3)Where the Secretary of State incurs expenses under this paragraph in connection with the doing of anything which should have been done by a planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by the authority to the Secretary of State.
Textual Amendments
F1Sch. 5 para. 11(1)(a) substituted (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(l)(i), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)
F2Words in Sch. 5 para. 11(1)(b) repealed (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(l)(ii), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)
F3Words in Sch. 5 para. 11(1) repealed (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(l)(iii), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)
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