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Planning etc. (Scotland) Act 2006

Type Act of the Scottish Parliament

Publication 2006-12-20

Last updated 2021-06-30

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(75D) (1) A person may, by agreement with a community body, enter into an obligation governing operations or activities relating to the development or use of land, either permanently or during such period as may be specified in the agreement. (2) A body is a community body for the purposes of subsection (1) if— (a) it is the community council for an area in which is situated any part of the land to which the agreement relates, or (b) it has been notified by the planning authority for the area in which is situated the land to which the agreement relates that, in the opinion of the authority, it is— (i) a body which falls within subsection (3), or (ii) a trust which falls within subsection (4). (3) A body falls within this subsection if— (a) its members have a substantial connection with the land to which the agreement relates, and (b) the object, or function, of the body (or, as the case may be, one of its objects or functions) is to preserve or enhance the amenity of the neighbourhood in which is situated any part of the land to which the agreement relates. (4) A trust falls within this subsection if— (a) its trustees have a substantial connection with the land to which the agreement relates, and (b) the object, or function, of the trust (or, as the case may be, one of its objects or functions) is to preserve or enhance the amenity of the neighbourhood in which is situated any part of the land to which the agreement relates. (5) An agreement entered into under subsection (1) may be referred to as a “good neighbour agreement”. (6) Without prejudice to the generality of subsection (1), an obligation entered into under that subsection may— (a) require operations or activities specified in the agreement to be carried out in, on, under or over the land, or (b) require the land to be used in a way so specified. (7) The obligation— (a) may be unconditional or subject to conditions, (b) may require the provision to the community body of information regarding the development and use of the land to which the agreement relates, and (c) is not to require the payment of money. (8) Without prejudice to the generality of subsection (7)(a), the agreement may provide for the postponement of the effectiveness of the obligation to a date specified in the agreement (whether the specification is of a fixed date or of a date determinable by reference to the occurrence of an event). (9) A good neighbour agreement to which the owner of the land is party may be recorded in the Register of Sasines or, as the case may be, registered in the Land Register of Scotland; and if the agreement is so recorded or registered then the obligation is (unless the agreement provides that only the person entering into that obligation is to be bound by it) enforceable at the instance of the community body— (a) against the owner of the land in so far as the obligation comprises a requirement mentioned in subsection (6), and (b) against— (i) the owner or tenant of the land, or (ii) any other person having the use of the land, in so far as the obligation comprises any other requirement. (10) But no such obligation is enforceable against a third party who has acquired right to the land (whether or not that person has completed title) prior to the agreement being so recorded or registered. (11) In this section, “owner” has the same meaning as in section 75. (12) For the purposes of subsection (9) it is immaterial whether the person who is owner of the land when the agreement is recorded or registered was owner when the obligation was entered into. (75E) (1) An obligation entered into under section 75D(1) may not be modified or discharged except— (a) by agreement between the community body and the person against whom the obligation is enforceable, or (b) in accordance with this section and section 75F. (2) Where the community body and the person against whom the obligation is enforceable are unable to reach agreement regarding the modification or discharge of the obligation, either may apply to the planning authority for the area in which is situated the land to which the agreement relates. (3) An application under subsection (2) is one seeking the determination of the planning authority as to whether the obligation is— (a) to have effect subject to such modifications as may be specified in the application, or (b) to be discharged. (4) An application under subsection (2) is not to specify a modification imposing an obligation on any non-applicant. (5) On an application under subsection (2), the authority may determine that the obligation— (a) is to continue to have effect without modification, (b) is discharged, or (c) is to have effect subject to the modifications specified in the application. (6) The authority are to give notice of their determination to the applicant within such period as is prescribed. (7) This subsection applies where— (a) there is agreement such as is mentioned in subsection (1)(a), or (b) a determination is made under subsection (5)(b) or (c), concerning an obligation the agreement in relation to which has been recorded in the Register of Sasines or registered in the Land Register of Scotland. (8) Where subsection (7) applies, the modification or discharge does not take effect until the date on which— (a) the agreement under subsection (1)(a), or (b) the notice given under subsection (6), is so recorded or as the case may be so registered. (9) Regulations may make provision with respect to— (a) the form and content of an application under subsection (2), (b) the publication of notice of any such application, (c) procedures for considering any representations made with respect to any such application, and (d) the form and content of any notice given under subsection (6). (75F) (1) Where the planning authority— (a) fail to comply with subsection (6) of section 75E, or (b) make a determination under subsection (5) of that section, either of the parties referred to in subsection (1)(a) of that section may appeal to the Scottish Ministers. (2) For the purposes of an appeal under subsection (1)(a), it is to be assumed that the authority have determined that the obligation is to continue to have effect without modification. (3) Any appeal under subsection (1) is to be made by notice served— (a) within such period, and (b) in such manner, as may be prescribed. (4) On an appeal under subsection (1) the Scottish Ministers may determine that the obligation— (a) is to continue to have effect without modification, (b) is discharged, or (c) is to have effect subject to the modifications specified in the application. (5) The Scottish Ministers are to give notice of their determination to the applicant within such period as is prescribed. (6) This subsection applies where a determination under subsection (4)(b) or (c) relates to an obligation the agreement in relation to which has been recorded in the Register of Sasines or registered in the Land Register of Scotland. (7) Where subsection (6) applies, the determination does not take effect until the date on which notice given under subsection (5) is so recorded or as the case may be is so registered. (8) Where the determination is under subsection (4)(c), the obligation is enforceable as modified— (a) in a case where subsection (6) applies, from the date mentioned in subsection (7), and (b) in any other case, from the date on which notice is given under subsection (5). (9) Regulations may make provision with respect to the form and content of any notice— (a) served under subsection (3), or (b) given under subsection (5). (10) Except as provided under section 239, the determination of an appeal by the Scottish Ministers under this section is final. (11) Schedule 4 applies to appeals under this section, including appeals under this section as applied by regulations under any other provisions of this Act. (75G) (1) In so far as the obligation comprises an appropriate requirement, an owner of land does not, by virtue of ceasing to be such an owner, cease to be bound by that obligation (unless the good neighbour agreement provides that he does cease to be so bound). (2) The agreement may provide that, in so far as the obligation comprises any other requirement, an owner of land does not, by virtue only of ceasing to be such an owner, cease to be bound by the obligation. (3) For the purposes of this section, an “appropriate requirement” is a requirement mentioned in section 75D(6) which is due for performance. (4) A person who becomes an owner of land the development or use of which is subject to an obligation enforceable as is mentioned in section 75D(9) is, unless the agreement otherwise provides, severally liable with any former owner of the land for any appropriate requirement for which the former owner is liable. (5) But if that person incurs expenditure in the performance of any appropriate requirement for which a former owner is liable, he may recover an amount equal to that expenditure from the former owner. (6) In this section, “owner” has the same meaning as in section 75.

Part 4 — Enforcement

Fixed penalty notices

25

(1) After section 136 of the principal Act (offence where enforcement notice not complied with) insert—

(136A) (1) Where a planning authority have reason to believe that, by virtue of subsection (1) of section 136, a person is in breach of an enforcement notice they may, provided that the conditions mentioned in subsection (7) are satisfied, serve on him a fixed penalty notice as respects that breach. (2) The fixed penalty notice is to specify— (a) the step specified, under subsection (3) of section 128, in the enforcement notice which has not been taken, or (b) the activity so specified which has not ceased. (3) It is not competent to serve more than one fixed penalty notice in relation to a particular step or activity. (4) For the purposes of this section, a “fixed penalty notice” is a notice offering the person the opportunity of discharging, by paying to the planning authority, within the period of 30 days which immediately follows the day on which that notice is served, a penalty of an amount (being a prescribed amount) specified in the notice, any liability to conviction for an offence under section 136 as respects the breach of the enforcement notice. (5) But if payment is made within the first 15 days of the period mentioned in subsection (4) the amount payable is reduced by 25%. (6) The fixed penalty notice is to identify the period mentioned in subsection (4) and is also to state that if payment is made within the first 15 days of that period the amount payable is reduced by 25%. (7) The conditions are that the fixed penalty notice— (a) is served within the period of 6 months which immediately follows the compliance period in relation to the enforcement notice, and (b) is not served after the person has been charged with an offence under section 136 as respects the breach of the enforcement notice. (8) During the period mentioned in subsection (4) it is not competent to commence proceedings against the person for an offence under section 136 as respects that breach. (9) If the amount (or as the case may be the reduced amount) is timeously paid it is not competent to commence proceedings against the person for an offence under section 136 as respects that breach. (10) A penalty received by a planning authority by virtue of subsection (4) is to accrue to that authority. (11) In prescribing an amount for the purposes of subsection (4), the Scottish Ministers may make different provision for different cases or for different classes of case.

(2) After section 145 of the principal Act (enforcement of conditions) insert—

(145A) (1) Where a planning authority have reason to believe that, by virtue of subsection (8) of section 145, a person is in breach of a breach of condition notice they may, provided that the conditions mentioned in subsection (7) are satisfied, serve on him a fixed penalty notice as respects that breach. (2) The fixed penalty notice is to specify— (a) the step specified, under subsection (5) of section 145, in the breach of condition notice which has not been taken, or (b) the activity so specified which has not ceased. (3) It is not competent to serve more than one fixed penalty notice in relation to a particular step or activity. (4) For the purposes of this section, a “fixed penalty notice” is a notice offering the person the opportunity of discharging, by paying to the planning authority, within the period of 30 days which immediately follows the day on which that notice is served, a penalty of an amount (being a prescribed amount) specified in that notice, any liability to conviction for an offence under section 145(9) as respects the breach of the breach of condition notice. (5) But if payment is made within the first 15 days of the period mentioned in subsection (4) the amount payable is reduced by 25%. (6) The fixed penalty notice is to identify the period mentioned in subsection (4) and is also to state that if payment is made within the first 15 days of that period the amount payable is reduced by 25%. (7) The conditions are that the fixed penalty notice— (a) is served within the period of 6 months which immediately follows the period allowed by section 145(7) for compliance with the breach of condition notice, and (b) is not served after the person has been charged with an offence under section 145(9) as respects the breach of the breach of condition notice. (8) During the period mentioned in subsection (4) it is not competent to commence proceedings against the person for an offence under section 145(9) as respects that breach. (9) If the amount (or as the case may be the reduced amount) is timeously paid it is not competent to commence proceedings against the person for an offence under section 145(9) as respects that breach. (10) A penalty received by a planning authority by virtue of subsection (4) is to accrue to that authority. (11) In prescribing an amount for the purposes of subsection (4), the Scottish Ministers may make different provision for different cases or for different classes of case.

Stop notices

Temporary stop notices

26

(1) After section 144 of the principal Act (penalties for contravention of stop notice) insert—

(144A) (1) If a planning authority consider that— (a) there has been a breach of planning control in relation to any land, (b) the breach consists in engagement in an activity, and (c) it is expedient that the activity (or any part of the activity) is stopped immediately, they may issue a temporary stop notice. (2) The notice must be in writing and must— (a) specify the activity in question, (b) prohibit engagement in the activity (or in so much of the activity as is specified in the notice), and (c) set out the authority's reasons for issuing the notice. (3) A temporary stop notice may be served on any of the following— (a) a person who appears to the authority to be engaged in the activity, (b) a person who appears to the authority to have an interest in the land (whether as owner or occupier or otherwise). (4) The authority must display on the land— (a) a copy of the notice, and (b) a statement as to the effect of section 144C. (5) A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (4). (6) A temporary stop notice ceases to have effect at the end of the period of 28 days starting on the day the copy notice is so displayed. (7) Except that if a shorter period starting on that day is specified in the notice, the notice instead ceases to have effect at the end of that shorter period. (8) And if the notice is withdrawn by the authority before that period of 28 days, or as the case may be that shorter period, expires the notice ceases to have effect on being so withdrawn. (144B) (1) A temporary stop notice does not prohibit— (a) the use of a building as a dwellinghouse, or (b) engagement in an activity (either or both)— (i) of such description, (ii) in such circumstances, as may be prescribed. (2) A temporary stop notice does not prohibit engagement in any activity which has been engaged in (whether continuously or not) for a period of more than 4 years ending with the day on which a copy of the notice is first displayed in pursuance of section 144A(4). (3) But subsection (2) does not prevent a temporary stop notice prohibiting— (a) activity consisting in, or incidental to, building, engineering, mining or other operations, or (b) the deposit of refuse or waste materials. (4) For the purposes of subsection (2), any period during which the activity in question is authorised by planning permission is to be ignored. (5) A second or subsequent temporary stop notice must not be issued in respect of the same activity unless the planning authority have in the meantime taken some other enforcement action in relation to the breach of planning control which is constituted by the activity. (6) In subsection (5), “enforcement action” includes obtaining the grant of an interdict under section 146(2). (144C) (1) A person is guilty of an offence if he contravenes a temporary stop notice— (a) which has been served on him, or (b) a copy of which has been displayed in pursuance of section 144A(4). (2) Contravention of a temporary stop notice includes causing or permitting the contravention of it. (3) An offence under this section may be charged by reference to a day or to a period longer than a day. (4) A person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different days or different periods. (5) It is a defence in any proceedings under this section that— (a) the temporary stop notice was not served on the accused, and (b) he did not know, and could not reasonably have been expected to know, of its existence. (6) A person convicted of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding £20,000, (b) on conviction on indictment, to a fine. (7) In determining the amount of the fine, the court is in particular to have regard to any financial benefit which has accrued or appears likely to accrue to the convicted person in consequence of the activity which constituted the offence. (144D) (1) A person who, as at the date on which a temporary stop notice is first displayed in pursuance of section 144A(4), has an interest (whether as owner or occupier or otherwise) in the land to which the notice relates is entitled to be compensated by the planning authority in respect of any loss or damage directly attributable to the prohibition effected by that notice. (2) But subsection (1) applies only if the circumstances are as set out in at least one of the following paragraphs— (a) the activity which is specified in the notice is authorised by planning permission granted on or before the date mentioned in that subsection, (b) a certificate in respect of the activity is issued under section 150 or granted under that section by virtue of section 154, (c) the authority withdraws the notice other than following such grant of planning permission as is mentioned in paragraph (a). (3) Subsections (3) to (7) of section 143 apply to compensation payable under this section as they apply to compensation payable under that section; and for the purpose of that application references in those subsections to a stop notice are to be taken to be references to a temporary stop notice.

(2) In section 269 of that Act (rights of entry)—

(a) after subsection (1) insert—

(1A) Any person duly authorised in writing by the planning authority may, at any reasonable time, enter upon land for the purposes of section 144A(4).

, and

(b) in subsection (2), after the words “stop notice” insert “ , temporary stop notice ”.

Enforcement charters

27

After section 158 of the principal Act insert—

(158A) (1) A planning authority are to prepare an enforcement charter; that is to say, a document in which are set out— (a) a statement of the authority's policies as regards their taking enforcement action for the purposes of this Act, (b) an account of how members of the public are to bring any ostensible breach of planning control to the attention of the authority, and (c) an account— (i) of how any complaint to the authority as regards the taking by them of enforcement action is to be made, and (ii) of their procedures for dealing with any such complaint. (2) The Scottish Ministers may issue guidance to a planning authority for the purposes of this section and an authority must have regard to any guidance so issued. (3) A planning authority must keep their enforcement charter under review and must update and re-publish it— (a) whenever required to do so by the Scottish Ministers, and (b) (subject to paragraph (a)) whenever they think it appropriate to do so but in any event within 2 years after last publishing (or re-publishing) it. (4) When they publish, or re-publish, their enforcement charter, the authority are to— (a) send two copies of it to the Scottish Ministers, and (b) place a copy of it in each public library in their district, and such publication, or re-publication, is to include by electronic means (as for example by means of the internet).

Part 5 — Trees

Tree preservation orders

28

(1) In section 159 of the principal Act (general duties of planning authority as respects trees)—

(a) the words “ of the planning authority ” are repealed,

(b) at the beginning of paragraph (a), insert “ of the Scottish Ministers and the planning authority ”,

(d) at the end add

, and (c) of the planning authority from time to time to review any order made in exercise of their powers under that section and to consider whether it is requisite to vary or revoke the order in question.

(2) In section 160 of that Act (power to make tree preservation orders)—

(a) for subsection (1) substitute—

(1) A planning authority may, if it appears to them that the requirements of subsection (1A) are met, make an order specifying any trees, groups of trees or woodlands in their district and providing for their preservation. (1A) Those requirements are (either or both)— (a) that it is expedient in the interests of amenity to make that provision, (b) that the trees, groups of trees or woodlands are of cultural or historical significance.

(b) in subsection (6), the words “ , where paragraph (a) or (b) applies, ” are repealed, and

(8) In relation to an application for consent under a tree preservation order the Scottish Ministers may by regulations make provision as to— (a) the form and manner in which the application must be made, (b) particulars of such matters as are to be included in the application, (c) any documents or other materials which are to accompany the application.

(3) In section 161 of that Act (form of, and procedure applicable to, tree preservation orders), for subsection (1) substitute—

(1) Subject to section 249, a tree preservation order— (a) takes effect on such date as may be specified in the order, but (b) expires 6 months after it is made unless it has, within that period, been confirmed by the planning authority. (1A) An order may be confirmed under subsection (1)(b) without modification or subject to such modifications as the planning authority consider expedient.

(4) After section 161 insert—

(161A) (1) If it appears to a planning authority that a tree, group of trees or woodlands— (a) on land in their district, and (b) in respect of which they have made a tree preservation order, may be in imminent danger of being cut down, topped, lopped, uprooted, wilfully damaged or wilfully destroyed and accordingly that it is expedient that a copy of the order should be affixed conspicuously to the tree, group of trees or woodlands in question, a person duly authorised in writing by them may enter the land and so affix such a copy. (2) Subsection (1) is without prejudice to any provision made by virtue of section 161(3)(b) and (4) as respects notice of the making of the order.

(5) In section 164(2) of that Act (effect of tree preservation order made by Scottish Ministers), after the word “and” insert “ timeously ”.

(6) In section 168 of that Act (enforcement of duties as to replacement of trees), after subsection (3) insert—

(3A) In relation to any tree planted by virtue of a requirement such as is mentioned in subsection (1)(b), the relevant tree preservation order shall apply as it applied to the original trees.

Part 6 — Correction of errors

Correction of errors

29

After Part 11 of the principal Act insert—

(241A) (1) This section applies if the Scottish Ministers issue, or a person appointed by them under any of the planning Acts to determine appeals in their stead, issues, a decision document which contains a correctable error. (2) The issuer may correct the error— (a) if requested to do so in writing by any person, or (b) if the issuer sends a statement in writing to the applicant which explains the error and states that consideration is being given to making the correction. (3) But the issuer must not correct the error unless the issuer— (a) not later than the end of the relevant period receives a request mentioned in subsection (2)(a) or sends a statement mentioned in subsection (2)(b), (b) informs the planning authority of that fact, and (c) obtains the appropriate consent. (4) The relevant period is the period within which an application or appeal may be made to the Court of Session in respect of the decision recorded in the decision document. (5) It is immaterial whether any such application or appeal is made. (6) The appropriate consent is the consent in writing of the applicant except where the applicant is not the owner of the land in respect of which the decision is made, in which case it is the consent in writing of both the applicant and the owner. (7) But consent is not appropriate consent if it is subject to a condition. (241B) (1) If paragraph (a) or (b) of section 241A(2) applies the issuer must as soon as practicable after making any correction or deciding not to make any correction give notice in writing (a “correction notice”) which— (a) specifies the correction of the error, or (b) intimates the issuer's decision not to make such a correction. (2) The issuer must give the correction notice— (a) to the applicant, (b) if the applicant is not the owner of the land in respect of which the original decision was made, to that owner, (c) to the planning authority, and (d) if the correction was requested by any other person, to that person. (3) The Scottish Ministers may by order specify any other person or description of person to whom the correction notice must be given. (241C) (1) If a correction is made in pursuance of section 241A— (a) the original decision is taken not to have been made, and (b) the decision as corrected is taken for all purposes to have been made on the date the correction notice is given to the applicant. (2) If the correction is not made— (a) the original decision continues to have full force and effect, and (b) nothing in this Part affects anything done in pursuance of, or in respect of, the decision. (3) Section 239 (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were an action on the part of the Scottish Ministers to which that section applies, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (a) of section 241D(3). (4) Section 58 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were a decision of the Scottish Ministers to which that section applies, if the decision document in respect of which the correction notice is given records a decision mentioned in either of paragraphs (c) and (d) of section 241D(3). (5) Section 20 of the Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10) (proceedings for questioning the validity of certain decisions) applies to the correction notice as if it were a decision of the Scottish Ministers under section 18 or 19 of that Act, if the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (e) of section 241D(3). (6) If the decision document in respect of which the correction notice is given records a decision mentioned in paragraph (f) of section 241D(3), the Scottish Ministers must by order make provision for questioning the validity of the notice which corresponds to the provisions of section 239, section 58 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) and section 20 of the Planning (Hazardous Substances) (Scotland) Act 1997. (7) Except to the extent provided for by virtue of this section, a correction notice shall not be questioned in any legal proceedings whatsoever. (241D) (1) This section applies for the purposes of this Part. (2) In the case of a decision document issued by a person appointed as mentioned in section 241A(1), any other person so appointed may act under this Part. (3) A decision document is a document which records any of the following decisions— (a) a decision of any description which constitutes action on the part of the Scottish Ministers under section 237(3) (decisions which are not to be questioned in legal proceedings), (b) a decision in proceedings on an appeal under section 169 (appeals against enforcement notices relating to trees), (c) a decision mentioned in section 57(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9) (decisions which are not to be questioned in legal proceedings), (d) a decision relating to conservation area consent within the meaning of section 66(1) of that Act (consent required for demolition of certain buildings), (e) a decision under section 18 or 19 of the Planning (Hazardous Substances) (Scotland) Act 1997 (certain applications referred to and appeals determined by the Scottish Ministers), (f) a decision under any of the planning Acts which is of a description specified by the Scottish Ministers by order. (4) A correctable error is an error which— (a) is contained in any part of the decision document which records the decision, (b) is not part of any reasons given for the decision. (5) The applicant is, in the case of a decision made on— (a) an application under any of the planning Acts, the person who made the application, or (b) an appeal under any of those Acts, the appellant. (6) Error includes omission.

Part 7 — Assessment

Assessment of planning authority’s performance or decision making

30

After Part 12 of the principal Act insert—

(251A) The Scottish Ministers may conduct, or appoint a person (in this section and in section 251C referred to as the “appointed person”) to conduct on their behalf, an assessment of a planning authority's performance— (a) of functions generally under the planning Acts, or (b) of particular functions under those Acts, (not being an assessment which may be conducted under section 251B). (251B) (1) The Scottish Ministers may conduct, or appoint a person (in this section and in section 251C referred to as the “appointed person”) to conduct on their behalf, an assessment of how a planning authority deal with applications for planning permission, and in particular as to the basis on which determinations have been made, the processes by which they have been made and as to whether they have been made in accordance with the development plan or in conformity with advice given to the authority by the Scottish Ministers. (2) No such assessment is to have regard to a decision made by a planning authority within the period of one year which immediately precedes the assessment being notified under section 251C(1). (251C) (1) Before conducting, or appointing a person to conduct, an assessment under section 251A or 251B, the Scottish Ministers are to notify the planning authority of their intention in that regard and as to the intended scope of the assessment; and on making any such appointment they are to advise the planning authority as to the identity of the appointed person. (2) Without prejudice to the generality of subsection (1), in determining for the purposes of that subsection the intended scope of an assessment under section 251B the Scottish Ministers may in particular relate their determination to (any or all)— (a) a type of application for planning permission, (b) a period of time within which such an application was made, or (c) a geographical area. (3) For the purposes of any assessment conducted under section 251A or 251B, the Scottish Ministers or the appointed person may require access at all reasonable times— (a) to any premises of the planning authority, and (b) to any document relating to the authority which appears to the Scottish Ministers, or as the case may be to the appointed person, to be necessary for the purposes of the assessment. (4) As the case may be— (a) the Scottish Ministers may require a person holding or accountable for any such document— (i) to give them such information and explanation as they think necessary for those purposes, and (ii) to attend in person before them to give the information or explanation or to produce the document, or (b) the appointed person may require a person so holding or accountable— (i) to give the appointed person such information and explanation as the appointed person thinks necessary for those purposes, and (ii) to attend in person before the appointed person to give the information or explanation or to produce the document. (5) The planning authority must provide the Scottish Ministers, or as the case may be the appointed person, with— (a) every facility, and (b) all information, which the Scottish Ministers or the appointed person may reasonably require to be provided for the purposes of the assessment. (6) The Scottish Ministers are, or as the case may be the appointed person is— (a) to give 3 clear days' notice of any requirement under this section, and (b) must, if reasonably required to do so by the planning authority, produce a document of identification. (7) A person who without reasonable excuse fails to comply with a requirement made of the person under subsection (3), (4) or (5) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (251D) (1) On completion of an assessment conducted under section 251A or 251B— (a) by the Scottish Ministers, they are— (i) to prepare a report, and (ii) to issue it to the planning authority, or (b) by an appointed person, that person is— (i) to prepare a report, (ii) to submit it to the Scottish Ministers, and (iii) to issue it to the planning authority. (2) A report prepared under subsection (1)(a)(i) or (1)(b)(i) is in this section referred to as an “assessment report”. (3) The assessment report may in the case of an assessment carried out under— (a) section 251A, recommend improvements which the planning authority should make as to how they carry out their functions under the planning Acts, and (b) section 251B, recommend improvements which the planning authority should make as to how they deal with applications for planning permission. (4) A planning authority receiving an assessment report are, within the 3 months which immediately follow such receipt or within such longer period as may be agreed between them and the Scottish Ministers, to prepare and to submit to the Scottish Ministers a report (in this section referred to as a “response report”) as to— (a) the extent to which, the manner in which and the period within which they propose to implement the recommendations of the assessment report, or (b) in so far as they decline to implement those recommendations, their reasons for so declining. (5) Any person who— (a) issues an assessment report to a planning authority, or (b) submits a response report to the Scottish Ministers, is to publish it. (6) If— (a) the planning authority decline to implement recommendations of the assessment report, or (b) it appears to the Scottish Ministers that the planning authority are not timeously carrying out such implementation as the authority proposed in the response report, the Scottish Ministers may issue a direction to the planning authority requiring them to take such action as is specified in the direction. (7) The Scottish Ministers may vary or revoke a direction issued under subsection (6). (8) The Scottish Ministers are to publish— (a) any direction issued under subsection (6), and (b) any variation or revocation of such a direction. (9) In this section, “publish” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).

Part 8 — Financial provisions

Fees and charges

31

In section 252 of the principal Act (fees for planning applications etc.)—

(a) for subsection (1) substitute—

(1) The Scottish Ministers may by regulations make provision for the payment of a charge or fee to a planning authority in respect of— (a) the performance by the planning authority of any of the authority's functions, (b) anything done by the authority which is calculated to facilitate, or is conducive or incidental to, the performance of any such function. (1A) The regulations may (any or all)— (a) specify the person by whom the charge or fee is to be paid, (b) make provision as to how the charge or fee is to be calculated, (c) specify the person by whom the calculation is to be made, (d) make different provision for different classes of case, (e) specify circumstances in which no charge or fee is to be paid, (f) specify circumstances in which the charge or fee is to be transferred from one planning authority to another. (1B) Without prejudice to the generality of paragraph (d) of subsection (1A), in relation to applications for planning permission, different provision may be made under that paragraph according to whether an application is made before or after the carrying out of the development to which it relates.

, and

(b) for subsections (3) to (5) substitute—

(3) Regulations under— (a) subsection (1), may provide for the remission or refunding of a prescribed charge or fee, (b) subsection (2), may provide for the remission or refunding of a prescribed fee, (in whole or in part) in prescribed circumstances. (4) Without prejudice to the generality of subsection (3), circumstances prescribed under that subsection may include those where the Scottish Ministers consider (or a person appointed by them under or by virtue of this Act considers) that in the performance or actings in respect of which the charge or fee is payable— (a) the planning authority have behaved unreasonably, or (b) there has been unreasonable delay. (5) Regulations under subsection (1) are subject to annulment in pursuance of a resolution of the Scottish Parliament in so far as they are made by virtue of— (a) subsection (1A)(b) and consist in amendments consequential upon changes in the cost of living, in the retail prices index or in an inflation index, or (b) subsection (1A)(c). (6) Subject to subsection (5), regulations under subsection (1) or (2) are not made unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament. (7) Where a charge or fee is calculated in pursuance of the regulations, the planning authority must secure that, taking one financial year with another, the income from the fee or charge does not exceed the cost of the performance of the function or, as the case may be, of the doing of the thing. (8) A financial year is a period of 12 months beginning with 1 April.

Grants for advice and assistance

32

After section 253 of the principal Act insert—

(253A) (1) The Scottish Ministers may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to the planning Acts or the Planning etc. (Scotland) Act 2006 (asp 17). (2) The Scottish Ministers may, as respects any such grant, provide that it is to be subject to such terms and conditions as they think appropriate.

Part 9 — Business improvement districts

BID arrangements

Arrangements with respect to business improvement districts

33

(1) A local authority may in accordance with this Part make arrangements (“BID arrangements”) with respect to an area (a “business improvement district”) comprising all or part of the area of the authority.

(2) A business improvement district may comprise areas which are not adjacent to each other.

(3) The purpose of BID arrangements is to enable the projects specified in the arrangements to be carried out for the benefit of the business improvement district or those who live, work or carry on any activity in the district.

Joint arrangements

34

(1) The Scottish Ministers may by regulations made by statutory instrument make provision for or in connection with enabling two or more local authorities to make BID arrangements with respect to a business improvement district comprising all or part of the area of each of the authorities.

(2) The provision which may be made by regulations under this section includes provision which modifies any provision made by or under this Part in its application to such arrangements.

Additional contributions and action

35

(1) The persons specified in subsection (2) may make financial contributions or take action for the purpose of enabling the projects specified in BID arrangements to be carried out.

(2) Those persons are—

(a) the local authority which has made the arrangements, and

(b) any other person authorised or required to do so in accordance with the arrangements.

Duty to comply with arrangements

36

Where BID arrangements are in force, the local authority which made the arrangements must comply with them.

Administration etc.

BID Revenue Account

37

(1) A local authority which has made BID arrangements must, in accordance with proper practices, keep an account, to be called the BID Revenue Account.

(2) Amounts paid to the authority for the purpose of enabling the projects specified in the BID arrangements to be carried out must be credited to the BID Revenue Account.

(3) Amounts are to be debited to the BID Revenue Account only in accordance with BID arrangements.

(4) The Scottish Ministers may by regulations made by statutory instrument make further provision in relation to the BID Revenue Account.

Procedure

BID proposals

38

(1) BID arrangements are not to come into force unless proposals for the arrangements (“BID proposals”) are approved by a ballot.

(2) The Scottish Ministers may by regulations made by statutory instrument make provision—

(a) as to the persons who may draw up BID proposals,

(b) as to consultation on BID proposals,

(d) as to the matters to be included in BID proposals, and

(e) as to the date which may be provided under BID proposals for the coming into force of BID arrangements which give effect to the proposals.

(3) No ballot may be held for the purposes of subsection (1) unless the persons drawing up the BID proposals satisfy the local authority that the proposals are supported by at least 5% of those entitled to vote in the ballot; and regulations under subsection (2) may make provision—

(a) as to the procedures to be followed for the purposes of this subsection; and

(b) as to the time by which the local authority must be so satisfied.

Entitlement to vote in ballot

39

(1) Entitlement to vote in a ballot held for the purposes of section 38(1) is to be determined in accordance with this section.

(2) When submitting BID proposals to the local authority, those who have drawn up the proposals are also to submit a statement as to which eligible persons are to be entitled to vote in the ballot.

(3) The statement—

(a) is to specify that the persons entitled to vote are—

(i) those who are eligible persons under subsection (4), or

(ii) those who are eligible persons under subsections (4) and (5), and

(b) may specify that only those who are eligible persons in respect of property of a description set out in the statement are entitled to vote.

(4) A person is an eligible person under this subsection if on the relevant date that person is subject to the non-domestic rate in respect of relevant property.

(5) Subject to subsections (6) to (8), a person is an eligible person under this subsection if on the relevant date that person—

(a) is an eligible tenant or the owner of relevant property, and

(b) is not subject to the non-domestic rate in respect of that property.

(6) An owner of property is an eligible person under subsection (5) only if on the relevant date there is no eligible tenant of that property.

(7) Where there is more than one eligible tenant of property on the relevant date, the eligible person under subsection (5) is whichever of those tenants has no eligible tenant as a sub-tenant.

(8) The Scottish Ministers may by regulations made by statutory instrument make provision altering who is to be an eligible person under subsection (5).

(9) Subject to subsections (10) and (11), in this section the “owner” of property means the person who has right to the property whether or not that person has completed title.

(10) If, in relation to property (or, if the property is held pro indiviso, in relation to any pro indiviso share in the property) more than one person comes within the description of owner in subsection (9), then “owner” means such person as has most recently acquired the right to the property.

(11) Where a heritable creditor is in lawful possession of security subjects which comprise the property, then “owner” means that heritable creditor.

(12) In this section—

“eligible tenant”, in relation to property, means a tenant or sub-tenant of property under a lease or sub-lease which has at least 5 years to run who is not subject to the non-domestic rate in respect of the property;

“non-domestic rate” is to be construed in accordance with section 7B of the Local Government (Scotland) Act 1975 (c. 30);

“relevant date” means such date as is specified in the statement referred to in subsection (2); and

“relevant property” means lands and heritages—which are within the business improvement district; andin respect of which there is an entry on the valuation roll made up under section 1 of the Local Government (Scotland) Act 1975.

Approval in ballot

40

(1) BID proposals are not to be regarded as approved by a ballot held for the purposes of section 38(1) unless four conditions are satisfied.

(2) Except where section 41 applies, the four conditions are those set out in subsections (3), (4), (5) and (6).

(3) The first condition is that the number of votes cast in favour of the BID proposals exceeds the number of votes cast against those proposals.

(4) The second condition is that A exceeds B.

(5) The third condition is that at least 25% of the persons entitled to vote in the ballot have done so.

(6) The fourth condition is that the total of A plus B is equal to at least 25% of the aggregate of the rateable values of all lands and heritages in respect of which a person is entitled to vote in the ballot.

(7) Except in the case referred to in subsection (9), “A” is the aggregate of the rateable values of the lands and heritages in respect of which a person voting in the ballot has voted in favour of the BID proposals.

(8) Except in the case referred to in subsection (9), “B” is the aggregate of the rateable values of the lands and heritages in respect of which a person voting in the ballot has voted against the BID proposals.

(9) The Scottish Ministers may by regulations made by statutory instrument make provision as to the meaning of “A” and “B” in the case of a ballot following on the submission of a statement which specifies entitlement to vote in accordance with sub-paragraph (ii) of section 39(3)(a).

(10) Regulations under subsection (9) may delegate functions in connection with the calculation of “A” and “B” to the persons who have drawn up the BID proposals which are the subject of the ballot.

(11) For the purposes of subsections (6), (7) and (8), the rateable value of lands and heritages is that shown on the valuation roll on the day of the ballot.

Approval in ballot – alternative conditions

41

(1) This section applies where the persons who have drawn up the BID proposals so specify when submitting those proposals to the local authority in advance of a ballot being held for the purposes of section 38(1).

(2) Section 40(1) shall have effect in respect of that ballot subject to either or both of the following—

(a) the substitution of the condition set out in subsection (3) below for that set out in subsection (3) of section 40,

(b) the substitution of the condition set out in subsection (4) below for that set out in subsection (4) of section 40.

(3) The condition is that the number of votes cast in favour of the BID proposals must exceed the number of votes cast against those proposals by such number or percentage as may be specified by the persons who have drawn up the BID proposals.

(4) The condition is that A must exceed B by such amount or percentage as may be specified by the persons who have drawn up the BID proposals.

(5) In subsection (4), “A” and “B” have the same meanings as in subsections (7) and (8) of section 40 or, in the case referred to in subsection (9) of that section, as in regulations under subsection (9).

Power of veto

42

(1) This section applies where a ballot is to be held for the purposes of section 38(1).

(2) By such date prior to the date of the ballot as may be prescribed, the local authority to which the BID proposals relate are to give to—

(a) the persons who have drawn up the proposals, and

(b) the Scottish Ministers,

notice that the authority are or are not vetoing the proposals.

(3) The authority may veto proposals only in the circumstances specified in subsection (4) and are not entitled to do so after the date prescribed for the purposes of subsection (2).

(4) Those circumstances are that the local authority consider that the BID proposals are likely—

(a) to conflict with any structure plan, local plan, strategic development plan or local development plan which has been approved or adopted under the principal Act and which applies to the proposed business improvement district or any part of it,

(b) to conflict to a material extent with any policy formally adopted by and contained in a document published by the authority (whether or not the authority are under a statutory duty to prepare such a document), or

(i) any person entitled to vote in the ballot on the proposals, or

(ii) any class of such persons,

as compared to other such persons or classes.

(5) The Scottish Ministers may by regulations made by statutory instrument amend subsection (4) so as to change or add to the circumstances in which a local authority may veto proposals.

(6) Where the local authority have vetoed the BID proposals, no ballot shall be held.

(7) In deciding whether to exercise the veto, the local authority are to have regard to such matters as may be prescribed.

(8) A notice under subsection (2) vetoing the BID proposals must—

(a) set out the reasons for the exercise of the veto, and

(b) give details of the right of appeal under section 43.

(9) Any other notice under subsection (2) must set out the reasons for not exercising the veto.

Appeal against veto

43

(1) Where a local authority veto BID proposals, any person who would have been entitled to vote in the ballot may appeal to the Scottish Ministers.

(2) The Scottish Ministers may by regulations made by statutory instrument make provision in relation to appeals under this section, including provision—

(a) as to the time by which an appeal is to be made,

(b) as to the manner in which an appeal is to be made,

(d) as to the matters to be taken into account in deciding whether to allow an appeal.

Commencement of BID arrangements

44

(1) This section applies where BID proposals are approved by a ballot held for the purposes of section 38(1).

(2) The local authority concerned must ensure that BID arrangements which give effect to the proposals are made by the time the arrangements are to come into force in accordance with this section.

(3) The BID arrangements are to come into force on such day as may be provided under the BID proposals.

Miscellaneous

Duration of BID arrangements etc.

45

(1) BID arrangements are to have effect for such period (not exceeding 5 years) as may be specified in the arrangements.

(2) BID arrangements may be renewed for one or more periods each of which must not exceed 5 years, but only if the renewal of the arrangements on that or each occasion is approved by a ballot.

(3) The renewal of BID arrangements is not to be regarded as approved by a ballot held for the purposes of subsection (2) unless the conditions which applied to the approval of the BID proposals (by virtue of section 40 and, where relevant, section 41) are satisfied in relation to the renewal of the arrangements.

(4) The Scottish Ministers may by regulations made by statutory instrument make provision—

(a) as to the alteration of BID arrangements, and

(b) as to the termination of BID arrangements.

(5) The provision which may be made by virtue of subsection (4)(a) or (b) includes provision preventing or restricting the alteration or early termination of BID arrangements.

(6) Nothing in subsection (5) is to be taken as limiting the power conferred by subsection (4).

Regulations about ballots

46

(1) The Scottish Ministers may by regulations made by statutory instrument make provision in relation to ballots.

(2) The provision which may be made by regulations under this section includes provision—

(a) as to the timing of ballots,

(b) as to the persons entitled to vote in a ballot held for the purposes of section 45(2),

(d) as to the allocation of votes to those persons entitled to vote in a ballot,

(e) as to the form that ballots may take,

(f) as to the persons who are to hold ballots,

(g) as to the conduct of ballots,

(h) conferring power on the Scottish Ministers to declare ballots void in cases of material irregularity,

(i) for or in connection with enabling a local authority to recover the costs of a ballot from such persons and in such circumstances as may be prescribed.

(3) Nothing in subsection (2) is to be taken as limiting the power conferred by subsection (1).

(4) In this section (except in subsection (2)(b)) “ballot” means a ballot held for the purposes of section 38(1) or 45(2).

Further provision as to regulations under Part 9

47

(1) Subject to subsections (2) and (3), a statutory instrument containing regulations made under this Part is subject to annulment in pursuance of a resolution of the Parliament.

(2) A statutory instrument containing regulations made under section 39(8) or 42(5) is not made unless a draft of the instrument has been laid before, and approved by a resolution of, the Parliament.

(3) On the first occasion on which regulations are made under section 40(9), the statutory instrument containing the regulations is not made unless a draft of the instrument has been laid before, and approved by a resolution of, the Parliament.

Crown application of Part 9

48

This Part binds the Crown.

Interpretation of Part 9

49

In this Part—

“BID arrangements” has the meaning given by section 33;

“BID proposals” has the meaning given by section 38;

“business improvement district” has the meaning given by section 33;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39); and

“prescribed” means prescribed by regulations made by statutory instrument by the Scottish Ministers.

Part 10 — Miscellaneous and general provisions

Miscellaneous

National Scenic Areas

50

After section 263 of the principal Act insert—

(263A) (1) Where it appears to the Scottish Ministers that an area is of outstanding scenic value in a national context and that the special protection measures specified in subsection (2) are appropriate for it, they may by direction designate the area as a National Scenic Area. (2) Where any area is for the time being designated as a National Scenic Area, special attention is to be paid to the desirability of safeguarding or enhancing its character or appearance in the exercise, with respect to any land in that area, of any powers under this Act. (3) The Scottish Ministers may issue guidance to a planning authority for the purposes of this section and that authority must have regard to any guidance so issued. (4) In deciding whether to designate an area as a National Scenic Area, the Scottish Ministers are to take account of— (a) whether the area is of outstanding natural beauty, (b) the amenity of the area, including— (i) whether it is of historical, cultural or environmental importance; and (ii) the nature of any buildings or other structures within it, and (c) any flora, fauna or physiographical features of the area, whether or not to any extent the product of human intervention in the landscape. (5) Any designation under subsection (1) may be varied or cancelled by a subsequent direction. (6) Before issuing a direction under subsection (1) or (5), the Scottish Ministers are to consult with— (a) Scottish Natural Heritage, and (b) such other persons as are prescribed. (7) The Scottish Ministers are to compile and make available for inspection free of charge a list containing particulars of any area which has been designated as a National Scenic Area. (8) For the purposes of subsection (7), a list may be made available by electronic means. (9) The Scottish Ministers may by regulations make provision as to— (a) the form of any direction under subsection (1) or (5), (b) the manner in which a National Scenic Area is to be described in such a direction, (c) the publicity to be given to any such direction, and (d) other procedural matters in connection with the making of such a direction. (10) Regulations under this section may make different provision for different purposes.

Equal opportunities

51

Before section 271 of the principal Act insert—

(270B) (1) The Scottish Ministers and planning authorities must perform their functions under this Act in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements. (2) “Equal opportunities” and “equal opportunity requirements” have the same meanings in this section as they have in Section L2 of Part 2 of Schedule 5 to the Scotland Act 1998 (c. 46).

Regulations in connection with inquiries etc.

52

(1) After section 275 of the principal Act insert—

(275A) (1) Subject to any other provision made by this Act as regards the procedure to be followed in connection with inquiries, hearings, referrals or reviews conducted under or by virtue of the Act, the Scottish Ministers may under this subsection make regulations as regards such procedure. (2) Without prejudice to the generality of subsection (1), such regulations may relate to procedure in connection with matters preparatory to such inquiries, hearings, referrals or reviews and in connection with matters subsequent to them.

(2) In section 9 of the Tribunals and Inquiries Act 1992 (c. 53) (procedure in connection with statutory inquiries) at the end there is added—

(5) For the purposes of the application of this section to Scotland, the expression “statutory inquiry” in subsections (1) to (3) is not to be construed as including an inquiry held under section 265 of, or paragraph 6 of Schedule 4 to, the Town and Country Planning (Scotland) Act 1997 (c. 8).

Old development plans

53

(1) Schedule 1 to the principal Act (old development plans) is amended as follows.

(2) In paragraph 1, the words from “a development plan” to the end become paragraph (a); and after that paragraph there is added

, and (b) except in paragraph 5, a development plan within the meaning of section 24 as that section applied immediately before the coming into force of section 2 of the Planning etc. (Scotland) Act 2006 (asp 17)

(3) In paragraph 2, for the words “commencement of this Act” substitute “ coming into force of that section ”.

(4) In paragraph 3, after the words—

(a) “old development plan” insert “ , not being the structure plan or local plan, ”

(b) “those of” insert “ the strategic development plan or ”, and

(5) Paragraph 4 is repealed.

(6) In paragraph 6, for the words from “adoption” to the end substitute

— (a) approval of a strategic development plan under section 13, so much of any structure plan as relates to the area to which the plan so approved relates, (b) adoption of a local development plan under section 20, so much of any old development plan as relates to the area to which the plan so adopted relates, shall cease to have effect.

(7) In paragraph 7, for the words “local plan” substitute “ plan so approved, or as the case may be adopted, ”.

(8) In paragraph 9, after the word “district” insert “ , and the strategic development planning authority for any strategic development plan area, ”.

(9) The heading to paragraphs 6 to 9 becomes “Discontinuance of old development plan on approval of strategic development plan or adoption of local development plan”.

(10) After paragraph 9 there is added—

(10) In this Schedule, “structure plan” is to be construed in accordance with section 6 and “local plan” in accordance with section 11 as those sections applied immediately before the coming into force of section 2 of the Planning etc. (Scotland) Act 2006 (asp 17).

Further amendment of the principal Act

54

(1) The principal Act is amended as follows.

(2) In section 1 (planning authorities), at the end add—

(3) This section is subject to the provisions of this Act and of any other enactment.

(3) In section 30(2) (development orders: general)—

(a) in paragraph (a), at the end (but before the word “or” which immediately follows the paragraph) add “ and according to whether a development is a national development, a major development or a local development ”, and

(b) in paragraph (b), after the words “of land” insert “ , or to such categories of development, ”.

(4) In section 33 (planning permission for development already carried out), at the end add—

(4) But subsection (3) does not apply if, before the date of the application, an enforcement notice was issued in respect of the development.

(5) In section 37 (determination of applications: general considerations)—

(a) in subsection (1)(a), for the words “58 and 59” substitute “ 27B(2) and 59(1)(b) ”, and

(b) in subsection (4), after the words “which the” insert “ notice of the ”.

(6) In section 130(1)(b) (appeal against enforcement notice), for the words “those matters” substitute “ the matters which, by virtue of section 128(1)(a) have been stated in the notice, ”.

(7) In section 135(11) (construing the expression “compliance period” in relation to an enforcement notice), after the words “136,” insert “ 136A, ”.

(8) In section 156(1)(b) (right to enter without warrant), after the words “144,” insert “ 144A, ”.

(9) In section 160(6)(c) (saving in respect of certain obligations), at the end add “ or an Act of the Scottish Parliament ”.

(10) In section 216(6)(b) (references to development which has received specific parliamentary approval)—

(a) in sub-paragraph (i), at the end add “ or by a private Act of the Scottish Parliament ”, and

(b) in sub-paragraph (ii), at the end add “ or by the Scottish Parliament ”.

(11) In section 237 (validity of development plans and certain orders, decisions and directions)—

(a) in subsection (1), for paragraph (a) substitute—

(a) a strategic development plan or local development plan or any alteration, repeal or replacement of any such plan, whether before or after the plan, alteration, repeal or replacement has been approved or adopted,

, and

(b) in subsection (3)—

(i) before paragraph (a) insert—

(za) any decision on an application under section 31A;

(ii) after paragraph (c) insert—

(ca) any determination on an appeal under section 75B or 75F;

, and

(iii) after paragraph (f) insert—

(fa) any decision on an appeal under section 169;

(12) In section 238 (proceedings for questioning validity of development plans and certain schemes and orders)—

(a) in subsection (1)—

(i) for the words from “structure” to “the alteration, repeal or replacement” substitute “ strategic development plan or local development plan desires to question the validity of the plan ”, and

(ii) in paragraph (b), for the words from “requirement” to the end substitute “ relevant requirement of that Part or of any regulations made under that Part has not been complied with, ”,

(b) in subsection (2)—

(i) in paragraph (a), the words “or, as the case may be, the alteration, repeal or replacement”, and

(ii) in paragraph (b), the words “or, as the case may be, the alteration, repeal or replacement” in both places they occur,

are repealed,

(d) in subsection (5)—

(i) in paragraph (a), for the words from “such” to the end substitute “ a strategic development plan, the date of its publication under section 14(1)(b); ”, and

(ii) after that paragraph insert—

(aa) in the case of an application in respect of a local development plan, the date of its publication under section 20A(1)(b);

(13) In section 242A(11) (urgent Crown development: application), for the word “to”, where it first occurs, substitute “ and ”.

(14) In section 255(2)(a) (contributions by local authorities and statutory undertakers), for the words “carrying out of a survey or the preparation of a structure plan or a local” substitute “ preparation of a strategic development plan or a local development ”.

(15) In section 269(1)(a) (rights of entry)—

(a) for the words “structure plan or local” substitute “ strategic development plan or local development ”, and

(b) the words “ including the carrying out of any survey under that Part ” are repealed.

(16) In section 275 (regulations and orders)—

(a) after subsection (2) insert—

(2A) Any power conferred by this Act to make regulations or orders includes power to make such incidental, supplemental, consequential, transitory, transitional or saving provision as the Scottish Ministers consider necessary or expedient.

(b) in subsection (4)—

(i) for the word “5” substitute “ 4(1) ”, and

(ii) for the words “and 100(3)(a)” substitute “ , 100(3)(a), 241B(3), 241C(6) and 241D(3)(f) ”,

(c) in subsection (5), for the words “5, 54 or 100(3)(a)” substitute “ 4(1), 54, 100(3)(a), 241B(3), 241C(6) or 241D(3)(f) ”,

(d) in subsection (6), after the words “subsection (7))” insert “ or in an Act of the Scottish Parliament (other than a private Act or an enactment specified in subsection (7)) ”,

(e) in subsection (7)(b), after the words—

(i) “of Parliament” insert “ or of the Scottish Parliament ”, and

(ii) “by Parliament” insert “ or by the Scottish Parliament ”, and

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