Town and Country Planning (Scotland) Act 1997

131 Appeals: supplementary provisions. S

(1) The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under section 130 and, in particular, but without prejudice to the generality of the foregoing provisions of this subsection, in so prescribing may—

(a) specify the matters on which information is to be given in a statement under section 130(3);

(b) require the planning authority to submit, within such time as may be specified, a statement indicating the submissions which they propose to put forward on the appeal;

(c) specify the matters to be included in such a statement;

(d) require the authority or the appellant to give such notice of an appeal as may be specified to such persons as may be specified;

(e) require the authority to send to the Secretary of State, within such period from the date of the bringing of the appeal as may be specified, a copy of the enforcement notice and a list of the persons served with copies of it.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where an appeal is brought under section 130 the enforcement notice shall be of no effect pending the final determination or the withdrawal of the appeal.

(4) Schedule 4 applies to appeals under section 130, including appeals under that section as applied by regulations under any other provisions of this Act.

Textual Amendments

F1 S. 131(2) repealed (3.8.2009) by Planning etc. (Scotland) Act 2006 (asp 17), s. 59(2), sch. (with S.S.I. 2009/222, arts. 9(2)(d), 15); S.S.I. 2009/219, art. 2, sch.

Modifications etc. (not altering text)

C1 S. 131: power to apply conferred (27.5.1997) by 1997 c. 10, ss. 23(1), 31, 40(2) (with ss. 9(3), 10(5), 38(6))

C2 Ss. 123-149 functions made exercisable concurrently (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(1)(b)

C3 Ss. 130-132 applied (with modifications) by S.I. 1984/467, reg. 25(1)(2) (as substituted (30.6.2013) by The Town and Country Planning (Control of Advertisements) (Scotland) Amendment Regulations 2013 (S.S.I. 2013/154), regs. 1(1), 2(6) (with reg. 3))

C4 S. 131(4) applied (1.6.2015) by The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 (S.S.I. 2015/181), regs. 1, 47