Planning and Compulsory Purchase Act 2004

Crown application

90 Crown application of Scottish planning Acts

(1) In Part 12 of the Town and Country Planning (Scotland) Act 1997, before section 242 (preliminary definitions for Part 12) there is inserted the following section—

“241A Application to the Crown

(1) This Act binds the Crown.

(2) But subsection (1) is subject to express provision made by this Part.”

(2) In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, after section 73 (application of Act to land and works of planning authorities) there is inserted the following section —

“73A Application to the Crown

(1) This Act (except the provisions specified in subsection (2)) binds the Crown.

(2) These are the provisions—

(a) section 8,

(b) section 10(3),

(c) section 19(7),

(d) section 38(1) and (8),

(e) section 39,

(f) section 49,

(g) section 50,

(h) section 53,

(i) section 77.

(3) But subsection (2)(a) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 8(3)(a) to (d) and the doing of that thing does not contravene section 6.”

(3) In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30 (application of Act to planning authorities) there is inserted the following section—

“30A Application to the Crown

(1) This Act (except the provisions specified in subsection (2)) binds the Crown.

(2) The provisions are—

(a) section 6(3),

(b) section 21,

(c) section 25,

(d) section 34,

(e) section 35(2).”

(4) Schedule 5 amends the Scottish planning Acts in relation to the application of those Acts to the Crown.