LegalizeThe Planning etc. (Scotland) Act 2006 (Commencement No. 10) Order 2010
Made: 11th November 2010
The Scottish Ministers make the following Order in exercise of the powers conferred by section59(2) of the Planningetc. (Scotland) Act 2006[^f00001].
Citation and interpretation
1
- (1) This Order may be cited as the Planningetc. (Scotland) Act2006 (Commencement No.10) Order 2010.
- (2) In this Order—
- “the 1997 Act” means the Town and Country Planning (Scotland) Act1997[^f00002];
- “the Act” means the Planningetc. (Scotland) Act 2006; and
- “the Schedule” means the Schedule to this Order.
Commencement – 26th November 2010
2
- (1) The provisions of the Act specified in paragraph(2), to the extent not already in force, come into force on 26thNovember 2010 for all purposes.
- (2) The provisions are—
- (a) section28(2)(c) (regulations relating to applications for consent under a tree preservation order); and
- (b) section50 (national scenic areas).
Commencement – 1st February 2011
3
- (1) Subject to paragraph(2), the provisions of the Act specified in column1 of the Schedule (and the subject matter of which is described in column2 of the Schedule), to the extent not already in force on 1st February 2011, come into force on that date for all purposes.
- (2) Where a purpose is specified in column3 of the Schedule in relation to any provision that provision shall, to the extent not already in force on 1st February 2011, come into force on that date only for that purpose.
SCHEDULE
| Column1 Provisions of the Act | Column2 Subject Matter | Column3 Purpose |
|---|---|---|
| Section 16(c) | Manner of dealing with applications | |
| Section23 | Planning obligations | |
| Section24 | Good neighbour agreements | |
| Section28(1)(d), (2)(a) and (b) and (3) to (6) | Tree preservation orders | |
| Section54(11)(b)(ii), (17)(a)(iv) and (b) and (18)(a) and (b)(i) | Further amendment of the principal Act | |
| Section56 and the schedule | Repeals | For the purpose of the repeal of sections163 and 252(2)(a) of the 1997 Act and the repeal of the word ‘other’ in section252(2)(b) of the 1997 Act. |
Signed
STEWART STEVENSON — Authorised to sign by the Scottish Ministers — 11th November 2010
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
To the extent they are not already in force, this Order brings sections28(2)(c) and 50 of the Planningetc. (Scotland) Act 2006 (“theAct”) into force on 26th November 2010 for all purposes and sections 16(c), 23, 24, 28(1)(d), (2)(a) and (b) and (3) to (6), 54(11)(b)(ii), (17)(a)(iv) and (b) and (18)(a) and (b)(i) into force for all purposes on 1st February 2011. The Order also commences on 1stFebruary 2011 the provisions of section 56 and the schedule to the Act to the extent that they repeal sections 163 and 252(2)(a) of the Town and Country Planning (Scotland) Act 1997 (c.8).
Footnotes
[^f00001]: 2006 asp 17.
[^f00002]: 1997 c.8.
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