The Town and Country Planning (Application of Subordinate Legislation to the Crown) (Inquiries Procedure) (Scotland) Order 2006

Made: 7th June 2006

Laid before the Scottish Parliament: 9th June 2006

Coming into force: 1st July 2006

The Scottish Ministers, in exercise of the powers conferred by sections 98 and 122(3) of the Planning and Compulsory Purchase Act 2004[^f00001]hereby make the following Order:

Citation, commencement and extent

1

• (1) This Order may be cited as the Town and Country Planning (Application of Subordinate Legislation to the Crown) (Inquiries Procedure) (Scotland) Order 2006 and shall come into force on 1st July 2006.

• (2) This Order extends to Scotland only.

Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997

2

• (1) The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997[^f00002]apply to the Crown with the following modifications.

• (2) After rule 2 (application of rules) insert–

(2A) (1) The modifications set out in Part 1 of the Schedule shall have effect where a direction is given by the Scottish Ministers, or the Secretary of State, under or by virtue of– (a) section 265A of the Act^f00003; (b) paragraph 6(7) of Schedule 3 to the Listed Building Act^f00004; or (c) paragraph 6(7) of the Schedule to the Hazardous Substances Act^f00005. (2) The modifications set out in Part 2 of the Schedule shall have effect where either section 242A of the 1997 Act (urgent Crown development) or section 73B of the Listed Buildings Act (urgent works relating to Crown land), or both, apply.

• (3) At the end of the Rules add the Schedule set out in Schedule 1 to this Order.

Town and Country Planning Appeals (Determination by Appointed Person) (Inquiries Procedure) (Scotland) Rules 1997

3

• (1) The Town and Country Planning Appeals (Determination by Appointed Person) (Inquiries Procedure) (Scotland) Rules 1997[^f00006]apply to the Crown with the following modifications.

• (2) After rule 2 (application of rules) insert–

(2A) The modifications set out in the Schedule shall have effect where a direction is given by the Scottish Ministers, or the Secretary of State, under or by virtue of– (a) section 265A(3) of the Act^f00007; (b) paragraph 6(7) of Schedule 3 to the Listed Buildings Act^f00008; (c) paragraph 6(7) of the Schedule to the Hazardous Substances Act^f00009.

• (3) At the end of the Rules add the Schedule set out in Schedule 2 to this Order.

SCHEDULE 1 — MODIFICATIONS TO THE TOWN AND COUNTRY PLANNING (INQUIRIES PROCEDURE) (SCOTLAND) RULES 1997

SCHEDULE 2 — MODIFICATIONS TO THE TOWN AND COUNTRY PLANNING APPEALS (DETERMINATION BY APPOINTED PERSON) (INQUIRIES PROCEDURE) (SCOTLAND) RULES 1997

Signed

MALCOLM CHISHOLM — A member of the Scottish Executive — 7th June 2006

Explanatory note

This note is not part of the Order

Part 7 of the Planning and Compulsory Purchase Act 2004 applies the Town and Country Planning Act (Scotland) 1997, the Planning (Listed Buildings and Conservations Areas) (Scotland) Act 1997 and the Planning (Hazardous Substances) (Scotland) Act 1997 to the Crown. As well as applying the planning Acts to the Crown, Part 7 makes provision for national security, urgent Crown development, enforcement, preservation of trees and old mining permissions.

Section 98 of the 2004 Act gives the Scottish Ministers power, by order, to apply to the Crown any subordinate legislation made under or for the purposes of the planning Acts. This Order applies the Town and Country Planning (Inquiries Procedure) (Scotland) Rules (S.I. 1997/796) and the Town and Country Planning Appeals (Determination by Appointed Person) (Inquiries Procedure) (Scotland) Rules 1997 (S.I. 1997/750) to the Crown. This Order modifies various Rules relating to the procedure to be followed at planning inquiries to take account of the new provisions dealing with the appointment of persons to represent the interests of any person who is prevented from hearing or inspecting evidence at a planning inquiry which is subject to a national security direction and the new provision on urgent Crown Development.

Footnotes

[^f00001]: 2004 c. 5.

[^f00002]: S.I. 1997/796 as amended by S.I. 1998/2311.

[^f00003]: 1997 c. 8. Section 265A was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”), section 91(1).

[^f00004]: The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 c. 9. Paragraph 6(7) of Schedule 3 was inserted by section 91(2) of the 2004 Act.

[^f00005]: The Planning (Hazardous Substances) (Scotland) Act 1997 c. 10. Paragraph 6(7) was inserted by section 91(3) of the 2004 Act.

[^f00006]: S.I. 1997/750 as amended by S.I. 1998/2312.

[^f00007]: 1997 c. 8. Section 265A was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5 (“the 2004 Act”), section 91(1).

[^f00008]: 1997 c. 9. Schedule 3 was amended by the 2004 Act, section 91(2).

[^f00009]: The Planning (Hazardous Substances) (Scotland) Act 1997 c. 10. Paragraph 6(7) was inserted by section 91(3) of the 2004 Act.

[^f00010]: 1997 c. 8. Section 265A was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”), section 91(1).

[^f00011]: 1997 c. 9. Schedule 3 was amended by the 2004 Act, section 91(2).

[^f00012]: 1997 c. 10. Schedule 3 was amended by the 2004 Act, section 91(3).

[^f00013]: 1997 c. 8. Section 265A was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”), section 91(1).

[^f00014]: 1997 c. 9. Schedule 3 was amended by the 2004 Act, section 91(2).

[^f00015]: 1997 c. 10. Schedule 3 was amended by the 2004 Act, section 91(3).