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Draft Order laid before the Scottish Parliament under section 96(4) of the Climate Change (Scotland) Act 2009, for approval by resolution of the Scottish Parliament.
Scottish Statutory Instruments
Climate Change
Town And Country Planning
Made
2025
Coming into force
1st November 2025
The Scottish Ministers make the following Order in exercise of the power conferred by sections 73(2) and 96(2)(b) of the Climate Change (Scotland) Act 2009( 1) and all other powers enabling them to do so.
In accordance with section 73(2) of that Act the Scottish Ministers consider that the requirement under section 3F of the Town and Country Planning (Scotland) Act 1997( 2) that certain policies are included within development plans is no longer necessary.
In accordance with section 96(4) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
1. This Order may be cited as the Climate Change (Local Development Plan) (Repeals) (Scotland) Order 2025 and comes into force on 1 November 2025.
2. Section 3F (greenhouse gas emissions policies) of the Town and Country Planning (Scotland) Act 1997 and sections 72 (development plans: inclusion of greenhouse gas emission policies) and 73 (annual report on the operation of section 72) of the Climate Change (Scotland) Act 2009 are repealed.
Name
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
Date
(This note is not part of the Order)
This Order repeals section 3F of the Town and Country Planning (Scotland) Act 1997 (“ the 1997 Act”) and sections 72 and 73 of the Climate Change (Scotland) Act 2009 (“ the 2009 Act”).
A report under section 73 of the 2009 Act was laid before the Scottish Parliament on 27 March 2025 on the operation of the requirement under section 3F of the 1997 Act on relevant planning authorities to include certain policies within development plans. The report contains an assessment by the Scottish Ministers of the continuing need or otherwise for that requirement and their consideration that the requirement is no longer necessary.
1997 c. 8. Section 3F was inserted into the Town and Country Planning (Scotland) Act 1997 by section 72 of the Climate Change (Scotland) Act 2009.