Textual Amendments
F1Pt. 2 substituted (19.5.2008 for specified purposes, 25.6.2008 for specified purposes, 28.2.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 2, 59(2) (with savings and transitional provisions in S.S.I. 2008/165, arts. 1, 2 and S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2008/164, art. 2(1)(2), sch.; S.S.I. 2009/70, art. 2, sch.
(1)On receiving a proposed strategic development plan by virtue of paragraph (b) of section 10(3), the Scottish Ministers are, if—
(a)representations timeously made were not taken account of (or not fully taken account of) in modifications under paragraph (a) of that section and have not been withdrawn,
(b)by virtue of section 11(1) the proposed plan includes alternative proposals, or
(c)they consider it appropriate that such a direction be made,
to direct that a person appointed by them examine under this subsection the proposed plan.
(2)But where an appointment is made by virtue of subsection (1), the appointed person is firstly to examine under this subsection the extent to which the strategic development planning authority's actings with regard to consultation and the involvement of the public at large as respects the proposed plan have conformed with (or have been beyond the requirements of) the participation statement of the authority which was current when the proposed plan was published under section 10(1)(a).
(3)The Scottish Ministers may make regulations as to—
(a)meeting general administrative costs, staff costs and overheads incurred in relation to an examination under subsection (1) or (2),
(b)procedures to be followed at such an examination, and
(c)what is to be assessed in such an examination and matters by reference to which the assessment is to be made;
but the form the examination is to take (as for example whether it should be in public or as to whether persons who have made representations and other persons are to be heard or are to present written submissions) is to be at the discretion of the person appointed.
(4)When they make a direction under subsection (1) the Scottish Ministers are—
(a)to advertise its making in a local newspaper within the strategic development plan area,
(b)to serve notice of its making on the strategic development planning authority, and
(c)if it is made by virtue of paragraph (a) of subsection (1), to serve notice of its making on each of the persons making the representations in question.
(5)On receiving notice under subsection (4)(b) as respects a direction, the strategic development planning authority are to advertise, in the public libraries within the strategic development plan area, the making of that direction.
(6)No such examination as is mentioned in subsection (1) is to be commenced—
(a)within 4 weeks after the direction is made, and
(b)where a report is submitted under subsection (1)(b) of section 12A, before a direction is given under subsection (3)(b) of that section.
(7)On completing his examination under subsection (1) the appointed person is to—
(a)prepare a report—
(i)setting out, and giving reasons for, his conclusions and recommendations (which may include recommendations for amendments to the proposed strategic development plan), and
(ii)as to the matters considered by him under subsection (2),
(b)submit it to the Scottish Ministers,
(c)send a copy of it to the strategic development planning authority,
(d)publish it, and
(e)serve on the persons mentioned in subsection (4)(c) notice of its submission and publication (including the means of publication).
(8) In subsection (7)(d), “ publish ” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet). ]