Citation and commencement

1.  This Order may be cited as the Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Amendment Order 2021 and comes into force on 1 October 2021.

Amendment of the Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021

2.  The Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021( 2) is amended in accordance with articles 3 to 6.

Amendment of article 2

3.  In article 2(1) (interpretation)—

(a) before the definition of “building” insert—

““border department” means any of—

(b) for the definition of “developer” substitute—

““developer” means the Scottish Ministers, a border department, or a person carrying out the development on behalf of the Scottish Ministers or a border department, ”, and

(c) in the definition of “safety hazard area” omit “local”.

Amendment of article 3

4.  In article 3 (grant of planning permission for a limited period)—

(a) in paragraph (1)(a)(i)—

(i) after “the Scottish Ministers” insert “or a border department”, and

(ii) omit “(“border processing”)”, and

(b) in paragraph (1)(b)(ii) for “border processing” substitute “those activities described in sub-paragraph (a)(i)”.

Amendment of schedule 2

5.  In schedule 2 (conditions)—

(a) in paragraph 1 after “the Scottish Ministers” insert “or a border department”, and

(b) in paragraph 25 omit “local” in both places it appears.

Amendment of schedule 3

6.  In schedule 3 (engagement parties)—

(a) in paragraph 3 for “Environmental” substitute “Environment”, and

(b) in paragraph 10(a) omit “by”.

EXPLANATORY NOTE

(This note is note part of the Order)

This Order amends the Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021 (“the SDO”). Article 3 adds a definition of “border department” to the SDO, and expands the definition of “developer” to include a border department. Article 4 amends article 3 of the SDO so that the planning permission granted by the SDO includes permission for development for the purposes of any activity that forms part of the functions of a border department. Article 5 amends schedule 2 of the SDO which applies conditions to planning permission granted by article 3 of the SDO. Articles 3(c), 4(a)(ii) and (b), 5(b) and 6 make minor amendments to the SDO to correct typographical and formatting errors.