Planning and Compulsory Purchase Act 2004

Miscellaneous S

Valid from 12/06/2006

97 Old mining permissions: Scotland S

(1) Subsection (2) applies if—

(a) an old mining permission relates to land which is Crown land, and

(b) the permission has not been registered in pursuance of Part 2 of Schedule 8 to the Town and Country Planning (Scotland) Act 1997.

(2) Paragraph 10 of that Schedule and that Part apply to the old mining permission subject to the following modifications—

(a) in sub-paragraph (3) of that paragraph, for “16th May 1991” there is substituted “ the date of commencement of section 97(2) of the Planning and Compulsory Purchase Act 2004 ”,

(b) in paragraph 13(3) of that Part, for “24 January 1992” there is substituted “ the date of commencement of section 97(2) of the Planning and Compulsory Purchase Act 2004 ”.

(3) “Old mining permission” must be construed in accordance with paragraph 10 and Part 2 of that Schedule.

(4) “Crown land” must be construed in accordance with Part 12 of the Town and Country Planning (Scotland) Act 1997.

98 Subordinate legislation: Scotland S

(1) The Scottish Ministers may by order provide that relevant subordinate legislation applies to the Crown.

(2) The order may modify such subordinate legislation to the extent that the Scottish Ministers think appropriate for the purposes of its application to the Crown.

(3) Relevant subordinate legislation is an instrument which—

(a) is made under or (wholly or in part) for the purposes of any of the Scottish planning Acts,

(b) is made before the commencement of section 90 of this Act, and

(c) is specified in the order.

(4) In subsection (3), “instrument” includes an instrument made under an Act of the Scottish Parliament.

Commencement Information

I1 S. 98 in force at 20.3.2006 by S.S.I. 2006/101, art. 2