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Scottish Statutory Instruments
2019 No. 385 (C. 20)
Town And Country Planning
The Planning (Scotland) Act 2019 (Commencement No. 3) Regulations 2019
Made
13th November 2019
Laid before the Scottish Parliament
15th November 2019
Coming into force
1st December 2019
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 63(2) and (3) of the Planning (Scotland) Act 2019(1).
Citation, commencement and interpretation
1.-(1) These Regulations may be cited as the Planning (Scotland) Act 2019 (Commencement No. 3) Regulations 2019 and come into force on 1 December 2019.
(2) In these Regulations-
"the Act" means the Planning (Scotland) Act 2019, and
"the 1997 Act" means the Town and Country Planning (Scotland) Act 1997(2).
Appointed day – 1 December 2019
2.-(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table) is 1 December 2019.
(2) Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 1 December 2019 only for that purpose.
Appointed day – 1 March 2020
3.-(1) The day appointed for the coming into force of the provisions of the Act specified in paragraph (2) is 1 March 2020.
(2) The provisions are-
(a)section 27 (delegation of development decisions), and
(b)section 30 (determination of applications: statement to accompany notification).
KEVIN STEWART
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
13th November 2019
Regulation 2
SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE ON 1 DECEMBER 2019
Column 1 Provisions of the Act | Column 2 Subject Matter | Column 3 Purpose |
|---|---|---|
| Section 18(1), (2) and (4) | Pre-application consultation | |
| Section 20 | Regulations about procedure for certain applications | |
| Section 24 | Assessment of environmental effects | |
| Section 26 | Conditional grant of planning permission: provision of toilet facilities within certain large developments | For the purpose of making regulations under section 41B(4) of the 1997 Act(3) |
| Section 29 | Call-in of applications by Scottish Ministers: further provision | |
| Section 41 | Fees for planning applications etc. | |
| Section 47 | National performance monitoring | |
| Section 48 | Regulations | |
| Section 49 | Publication of directions | |
| Section 51 | National Scenic Areas | |
| Section 52 | Notice by planning authority of applications for listed building consent | |
| Section 53 | Forestry and woodland strategy | |
| Section 62 and paragraph 9 of schedule 2 | Minor and consequential amendments and repeals | For the purpose of making regulations under sections 41B(4) and 251B(2) of the 1997 Act(4) |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations bring sections 18(1), (2) and (4), 20, 24, 29, 41, 47, 48, 49, 51, 52 and 53 of the Planning (Scotland) Act 2019 ("the Act") into force on 1 December 2019 for all purposes and sections 26 and 62 and paragraph 9 of schedule 2 of the Act into force on that date for the limited purposes of enabling regulations to be made. They also bring sections 27 and 30 into force on 1 March 2020.
The Bill for the Act received Royal Assent on 25 July 2019. Sections 58 to 61, 63 and 64 came into force on the following day.
NOTE AS TO EARLIER COMMENCEMENT REGULATIONS
(This note is not part of the Regulations)
The following provisions of the Planning (Scotland) Act 2019 have been brought into force by commencement regulations made before the date of these Regulations.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1, 2 and 10 | 8 November 2019 | S.S.I. 2019/314 |
| Sections 3, 5,7, 11, 14 and 62 and paragraph 9 of schedule 2 (for limited purposes) | 8 November 2019 | S.S.I. 2019/314 |
| Sections 25 and 42 | 20 December 2019 | S.S.I. 2019/377 |
| Sections 23 | 1 March 2020 | S.S.I. 2019/377 |
(1)
(2)
(3)
Section 41B is inserted into the 1997 Act by section 26(2) of the Planning (Scotland) Act 2019 (asp 13) ("the Act").
(4)
Section 251B is inserted into the 1997 Act by section 47(2) of the Act.