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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
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Changes over time for: Section 57
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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, Section 57 is up to date with all changes known to be in force on or before 25 December 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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Changes and effects yet to be applied to Section 57:
- s. 82(1)(aa)-(ad) inserted by 2006 asp 17 s. 55(5)
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 82(1)(aa)-(ad) inserted by 2006 asp 17 s. 55(5)
57 Validity of certain orders and decisions.S
(1)Except as provided by section 58, the validity of—
(a)any order under section 21, whether before or after it has been confirmed,
(b)any order under section 24, or
(c)any such decision on the part of the Secretary of State as is mentioned in subsection (2),
shall not be questioned in any legal proceedings whatsoever.
(2)Those decisions are—
[F1(za)any decision of the Scottish Ministers on an appeal under section 5B,]
(a)any decision on an application referred to the Secretary of State under section 11 or on an appeal under section 18,
(b)any decision of the Secretary of State to confirm or not to confirm a listed building purchase notice including—
(i)any decision not to confirm such a notice in respect of part of the land to which it relates, and
(ii)any decision to grant any consent, or give any direction, in lieu of confirming such a notice, either wholly or in part, and
(c)any decision of the Secretary of State on an appeal under section 35.
[F2(d)any decision on an application for listed building consent under section 73B.]
(3)Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take any such action as is mentioned in subsection (2).
Textual Amendments
F1S. 57(2)(za) inserted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 22 (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F2S. 57(2)(d) added (11.5.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 93(2), 121(4) (with s. 111); S.S.I. 2006/243, art. 3
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