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Town and Country Planning (Scotland) Act 1997
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Town and Country Planning (Scotland) Act 1997, Section 268 is up to date with all changes known to be in force on or before 15 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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268 Inquiries under Private Legislation Procedure (Scotland) Act 1936.S
(1)Where the Ministers concerned so direct—
(a)any inquiry in relation to an order under this Act which in certain events becomes subject to special parliamentary procedure, and
(b)any hearing in connection with—
(i)an appeal against the refusal, or the grant, subject to conditions, of an application by statutory undertakers for planning permission to develop operational land,
(ii)such an application made by statutory undertakers and referred to the Secretary of State, or
(iii)the revocation or modification of planning permission to develop operational land granted to statutory undertakers,
shall be held by Commissioners under the M1Private Legislation Procedure (Scotland) Act 1936.
(2)Any such direction shall be deemed to have been given under section 2, as read with section 10, of the M2Statutory Orders (Special Procedure) Act 1945.
(3)Subsections (5), (6) and (7) of section 231 shall not apply to an order mentioned in subsection (1)(a).
(4)Nothing in subsections (2) to (13) of section 265 shall apply to any inquiry to which subsection (1)(a) applies.
(5)The provisions of the Statutory Orders (Special Procedure) Act 1945 in relation to the publication of notices in the Edinburgh Gazette and in a newspaper shall, notwithstanding anything contained in that Act, not apply to any order under this Act which is subject to special parliamentary procedure.
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