http://www.legislation.gov.uk/id/uksi/1991/2092

http://www.legislation.gov.uk/uksi/1991/2092/article/4/made

The Planning and Compensation Act 1991 (Commencement No. 2 and Transitional Provisions) (Scotland) Order 1991

Compulsory purchase

King's Printer of Acts of Parliament

2015-02-12

ACQUISITION OF LAND

TOWN AND COUNTRY PLANNING, SCOTLAND

This Order brings into force on 25th September 1991 the following provisions of the Planning and Compensation Act 1991–section 47 (power of planning authority to decline to determine applications);section 48 (assessment of environmental effects);section 50 (dismissal of appeals in cases of undue delay);section 57 (listed buildings, conservation areas and hazardous substances) and Schedule 10 in so far as they relate to paragraphs 1 and 2 of that Schedule;section 60(1), (4), (6), (7) and (8) (repeal of certain compensation provisions of the Town and Country Planning (Scotland) Act 1972) and Schedule 12;section 61 (planning: minor and consequential amendments – Scotland) and Schedule 13 in so far as they relate to paragraphs 2, 5, 6, 7(a)(ii) and (iii), 7(b), 9, 11(a) and (c), 12, 14, 28, 36, 38(e), 41(1), 43(a)(i) and (b)(ii) of that Schedule;sections 71-79 (land compensation – Scotland) and Schedules 16 and 17;section 80 (interest on compensation and payments on account) and Schedule 18 as it applies in relation to Scotland except in so far as it relates to the entries in respect of section 56J(8) and 56K(12) of the Town and Country Planning (Scotland) Act 1972 in Part I of that Schedule;section 84(6) (repeals) and Schedule 19 in so far as they relate to the repeals in Part IV of Schedule 19 specified in Schedule 1 to this Order.Article 4 of, and Schedule 2 to, the Order limit, as specified there, the commencement of–sections 47(1) (power of planning authority to decline to determine applications), 72 to 75, 78 (land compensation – Scotland) and 80(1) (interest on compensation);in Schedule 17, paragraphs 2, 3, 5, 6, 7 to 10, 14, 15, 20 and 21 (amendments relating to land compensation);in Schedule 19, the repeals of or in sections 12, 25(8), 30(3) of the Land Compensation (Scotland) Act 1963 and sections 35, 36, 156, 248 and 275(1) of the Town and Country Planning (Scotland) Act 1972 and sections 27(1), 31(6) and 48(9)(b) of the Land Compensation (Scotland) Act 1973.

Cases where commencement limited4

–

1

The provisions of the 1991 Act mentioned in Part I of Schedule 2 to this Order shall not have effect in a case where any of the following events occurs before the commencement date in relation to the matter specified–

a

in relation to a compulsory purchase order not made by a Minister, the compulsory purchase order is made;

b

in relation to a compulsory purchase order made by a Minister, paragraph 3 of Schedule 1 of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947(3) as applied by paragraph 7(4) of that Schedule has been complied with;

c

in relation to a purchase notice within the meaning of Part IX of the Town and Country Planning (Scotland) Act 1972(4), the following events:–

i

in the case of a purchase notice served in accordance with section 169(1) of that Act, planning permission is refused or granted subject to conditions;

ii

in the case of a purchase notice served in accordance with section 177(1) of that Act, planning permission is revoked or modified by the imposition of conditions by way of an order under section 42 of the Act;

iii

in the case of a purchase notice served in accordance with section 178(1) of that Act, an order is made under section 49 of the Act;

d

in relation to a blight notice within the meaning of subsection (6) of section 181 of the said 1972 Act(5), the land falls within any of the descriptions set out at subsection (1) of that section.

2

A provision of the 1991 Act mentioned in the first column of an entry in Part II of Schedule 2 to this Order shall not have effect in a case where the date shown against that provision in the second column of the entry is, in relation to that case, before the commencement date.

3

In Part II of that Schedule, except where a contrary intention appears–

a

an expression used in an entry in the second column which is also used in the provision of an Act mentioned in the corresponding entry in the first column has the same meaning as in that provision; and

b

a reference in an entry in the second column to a provision or Part of an Act is a reference to a provision or Part of the Act (other than the 1991 Act) mentioned in the corresponding entry in the first column.