Town and Country Planning (Scotland) Act 1997

275 Regulations and orders

(1) The Secretary of State may make regulations—

(a) for prescribing the form of any notice, order or other document authorised or required by this Act to be served, made or issued by any planning authority which is a local authority,

(b) for any purpose for which regulations are authorised or required to be made under this Act, other than a purpose for which regulations are authorised or required to be made by another Minister, and

(c) for any of the purposes mentioned in section 28 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 (power to prescribe matters relevant to Part IV).

(2) Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.

(3) Any statutory instrument containing regulations made under this Act (except regulations which, by virtue of any provision of this Act, are of no effect unless approved by a resolution of each House of Parliament) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The power to make development orders under section 30 and to make orders under sections 5, 26(2)(f), 54 and 100(3)(a) or paragraph 7 or 8 of Schedule 1 shall be exercisable by statutory instrument.

(5) Any statutory instrument which contains a development order or an order under section 5, 54 or 100(3)(a) or paragraph 4(5) or 5(5) of Schedule 9 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Without prejudice to subsection (5), where a development order makes provision for excluding or modifying any enactment contained in a public general Act (other than an enactment specified in subsection (7)) the order shall not have effect until that provision is approved by a resolution of each House of Parliament.

(7) The enactments referred to in subsection (6) are—

(a) section 32(1) of the [1897 c. 38.] Public Health (Scotland) Act 1897,

(b) any enactment making such provision as might by virtue of any Act of Parliament have been made in relation to the area to which the development order applies by means of a byelaw, order or regulation not requiring confirmation by Parliament, and

(c) any enactment which has been previously excluded or modified by a development order, and any enactment having substantially the same effect as any such enactment.

(8) Without prejudice to section 14 of the [1978 c. 30.] Interpretation Act 1978, any power conferred by this Act to make an order shall include power to vary or revoke any such order by a subsequent order.