Planning (Consequential Provisions) (Scotland) Act 1997

Meaning of “the consolidating Acts”, “the repealed enactments”, etc

1

• (1) In this Act—

• “the consolidating Acts” means the principal Act, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the Planning (Hazardous Substances) (Scotland) Act 1997 and, so far as it reproduces the effect of the repealed enactments, this Act,

• “the principal Act” means the Town and Country Planning (Scotland) Act 1997, and

• “the repealed enactments” means the enactments repealed by this Act.

• (2) Expressions used in this Act and in any of the other consolidating Acts have the same meaning as in those Acts.

Continuity, and construction of references to old and new law

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• (1) The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.

• (2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for the purposes of that corresponding provision.

• (3) Any reference, whether express or implied, in the consolidating Acts or any other enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.

• (4) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the consolidating Acts.

• (5) In particular, where a power conferred by an Act is expressed (in whatever words) to be exercisable in relation to enactments contained in Acts passed—

• (a) before or in the same Session as the Act conferring the power, or

• (b) before a date determined by reference to the coming into force of particular provisions of that Act,

the power is also exercisable in relation to provisions of the consolidating Acts which reproduce such enactments.

Repeals

3

• (1) The enactments specified in Schedule 1 are repealed to the extent specified in the third column of that Schedule.

• (2) Those repeals include the repeal, in accordance with Recommendations of the Scottish Law Commission, of section 18(7) and (8) of the 1972 Act as no longer of practical utility.

• (3) The repeals have effect subject to any relevant savings in Schedule 3.

Consequential amendments

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Schedule 2 (which makes consequential amendments) shall have effect, subject to any relevant transitional provisions in Schedule 3.

Transitional provisions and savings

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• (1) Schedule 3 (which makes transitional provision and contains savings in connection with the repeals made by this Act) shall have effect.

• (2) Nothing in that Schedule affects the general operation of section 16 of the Interpretation Act 1978 (general savings implied on repeal) or of the previous provisions of this Act.

Short title, commencement and extent

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• (1) This Act may be cited as the Planning (Consequential Provisions) (Scotland) Act 1997.

• (2) Subject to subsections (3) and (4), this Act shall come into force at the end of the period of 3 months beginning with the day on which it is passed.

• (3) The repeal in Part I of Schedule 1 relating to section 186 of the principal Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.

• (4) An order under subsection (3) may contain such supplementary, incidental, consequential and transitional provisions as the Secretary of State thinks fit.

• (5) This Act does not extend to England or Wales or Northern Ireland except (subject to subsection (6)) so far as it affects other enactments so extending.

• (6) The repeals in Part II of Schedule 1 extend to Scotland only and those in Part III of that Schedule to England and Wales only.

SCHEDULE 1

Part I — General

Part II — Scotland only

Part III — England and Wales only

SCHEDULE 2

The Finance Act 1931 (c. 28)

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The Mineral Workings Act 1951 (c. 60)

2

In section 41(2A) of the Mineral Workings Act 1951, for “the Town and Country Planning (Scotland) Act 1972” substitute “ the Town and Country Planning (Scotland) Act 1997 ”.

The Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10)

3

For section 4 of the Agricultural Land (Removal of Surface Soil) Act 1953 substitute—

(4) In the application of this Act to Scotland, for the references to the Town and Country Planning Act 1990, to Part III of that Act and to section 192 of that Act there shall be substituted references to the Town and Country Planning (Scotland) Act 1997, to Part III of that Act and to section 151 of that Act.

The Historic Buildings and Ancient Monuments Act 1953 (c. 49)

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• (1) In section 5(2A)(a)(i) of the Historic Buildings and Ancient Monuments Act 1953, for “section 262 of the Town and Country Planning (Scotland) Act 1972” substitute “ section 61 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 ”.

• (2) In section 6(1) of that Act, for “section thirty-eight of the Town and Country Planning (Scotland) Act 1947” substitute “ section 42 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 ”.

The Opencast Coal Act 1958 (c. 69)

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• (1) In section 7(8) of the Opencast Coal Act 1958, for “the Town and Country Planning (Scotland) Act 1972” substitute “ the Town and Country Planning (Scotland) Act 1997 ”.

• (2) In section 14A(2) of that Act, for “section 27A(2) of the Town and Country Planning (Scotland) Act 1972” substitute “ paragraph 2(2) of Schedule 3 to the Act of 1997 ”.

• (3) In section 15(7) of that Act, for “the Town and Country Planning (Scotland) Act 1972” substitute “ the Act of 1997 ”.

• (4) In section 32(2B)(b) of that Act, for “Part III of the Town and Country Planning (Scotland) Act 1972” substitute “ Part III of the Town and Country Planning (Scotland) Act 1997 ”.

• (5) In section 52(2) of that Act—

• (a) insert at the appropriate place—

“the Act of 1997” means the Town and Country Planning (Scotland) Act 1997

; and

• (b) in the definition of “planning permission”, for “Act of 1972” substitute “ Act of 1997 ”.

The Building (Scotland) Act 1959 (c. 24)

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The Town and Country Planning (Scotland) Act 1959 (c. 70)

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• (1) In section 27(5)(b) of the Town and Country Planning (Scotland) Act 1959, for “section 113 of the Town and Country Planning (Scotland) Act 1972” substitute “ section 191 of the Town and Country Planning (Scotland) Act 1997 ”.

• (2) In paragraph 2 of Schedule 4 to that Act, for “The Town and Country Planning (Scotland) Act 1972” substitute—

The Town and Country Planning (Scotland) Act 1997; The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997;

The Flood Prevention (Scotland) Act 1961 (c. 41)

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The Land Compensation (Scotland) Act 1963 (c. 51)

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• (1) In section 15(6) of the Land Compensation (Scotland) Act 1963, for “Schedule 3 to the Town and Country Planning (Scotland) Act 1947” substitute “ Schedule 11 to the Town and Country Planning (Scotland) Act 1997 ”.

• (2) In section 18 of that Act, for “1947” and “section 42(5)” substitute respectively “ 1997 ” and “ section 233 ”.

• (3) In section 23 of that Act—

• (a) in subsection (3), for “Schedule 16 to the Town and Country Planning (Scotland) Act 1972”, “paragraph 1 of Schedule 6 to that Act” and “paragraph 2 of Schedule 6 to that Act” substitute respectively “ Schedule 12 to the Town and Country Planning (Scotland) Act 1997 ”, “ paragraph 1 of Schedule 11 to that Act ” and “ paragraph 2 of Schedule 11 to that Act ”; and

• (b) in subsection (4)(c), for “section 24 of the said Act of 1947” and “section 25 of that Act” substitute respectively “ section 71 of the said Act of 1997 ” and “ section 83 of that Act ”.

• (4) In section 28 of that Act, for “section 273(1)(c) of the Town and Country Planning (Scotland) Act 1972” substitute “ section 275(1)(c) of the Town and Country Planning (Scotland) Act 1997 ”.

• (5) In section 31(3)(c) of that Act, for “section 107 of the Town and Country Planning (Scotland) Act 1972” substitute “ section 45 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 ”.

• (6) In section 32(5) of that Act, for “section 34 of the Town and Country Planning (Scotland) Act 1972” substitute “ section 47(2) of the Town and Country Planning (Scotland) Act 1997 ”.

• (7) In section 38(2) of that Act, for “section 113(1) of the Town and Country Planning (Scotland) Act 1947” substitute “ section 277(1) of the Town and Country Planning (Scotland) Act 1997 ”.

• (8) In section 44 of that Act, for “Section 100 of the Town and Country Planning (Scotland) Act 1947” and “section 101” substitute respectively “ Section 265 of the Town and Country Planning (Scotland) Act 1997 ” and “ section 271 ”.

• (9) In section 45 of that Act—

• (a) in subsection (1)—

• (i) in the definition of “development”, for “section 10 of the Town and Country Planning (Scotland) Act 1947” substitute “ section 26 of the Town and Country Planning (Scotland) Act 1997 ”;

• (ii) in the definition of “development order”, for “section 11(1) of the Town and Country Planning (Scotland) Act 1947” substitute “ section 30 of the Town and Country Planning (Scotland) Act 1997 ”;

• (iii) for the definition of “development plan” substitute—

• “development plan” shall be construed in accordance with section 24 of the Town and Country Planning (Scotland) Act 1997;

;

• (iv) in the definition of “planning authority”, for “1947” substitute “ 1997 ”;

• (v) in the definition of “planning decision”, for “Part II of the Town and Country Planning (Scotland) Act 1947” substitute “ Part III of the Town and Country Planning (Scotland) Act 1997 ”; and

• (vi) in the definition of “planning permission”, for “Part II of the Town and Country Planning (Scotland) Act 1947” substitute “ Part III of the Town and Country Planning (Scotland) Act 1997 ”; and

• (b) in subsection (3)—

• (i) in paragraph (c), for “section 14(3) of the Town and Country Planning (Scotland) Act 1947” substitute “ section 47(2) of the Town and Country Planning (Scotland) Act 1997 ”; and

• (ii) in paragraph (d), for “section 14(3) of the Town and Country Planning (Scotland) Act 1947” substitute “ section 47(4) and (5) of the Town and Country Planning (Scotland) Act 1997 ”.

• (10) In Schedule 2 to that Act—

• (a) in paragraph 1—

• (i) in sub-paragraph (2)(a), for “Part VI of the Town and Country Planning (Scotland) Act 1972” substitute “ Part VIII of the Town and Country Planning (Scotland) Act 1997 or sections 42 to 47 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 ”; and

• (ii) in sub-paragraph (2)(c), for “Part IX of the Town and Country Planning (Scotland) Act 1972” substitute “ Part V of the Town and Country Planning (Scotland) Act 1997 or sections 28 to 33 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 ”; and

• (b) in paragraph 2(1)(b)—

• (i) for “section 170 of the Town and Country Planning (Scotland) Act 1972” substitute “ section 90 of the Town and Country Planning (Scotland) Act 1997 ”; and

• (ii) for “section 182 of the Town and Country Planning (Scotland) Act 1972” substitute “ section 101 of the Town and Country Planning (Scotland) Act 1997 ”.

The Gas Act 1965 (c. 36)

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• (1) In section 4(7) of the Gas Act 1965—

• (a) for “the Town and Country Planning (Scotland) Act 1972” substitute “ the Town and Country Planning (Scotland) Act 1997 ”; and

• (b) for “section 37” substitute “ section 57 ”.

• (2) In section 28(1) of that Act—

• (a) in the definition of “planning authority”, for “section 1 of the Town and Country Planning (Scotland) Act 1972” substitute “ section 277(1) of the Town and Country Planning (Scotland) Act 1997 ”; and

• (b) in the definition of “planning permission”, for “Part III of the Town and Country Planning (Scotland) Act 1972” substitute “ Part III of the Town and Country Planning (Scotland) Act 1997 (other than sections 55 and 56) ”.

• (3) In Schedule 3 to that Act, in paragraph 7(2), for “the Town and Country Planning (Scotland) Act 1972” substitute “ the Town and Country Planning (Scotland) Act 1997 ”.

The Local Government (Scotland) Act 1966 (c. 51)

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• (1) In section 35(1) of the Local Government (Scotland) Act 1966, for “section 113(1) of the Town and Country Planning (Scotland) Act 1947” substitute “ section 277(1) of the Town and Country Planning (Scotland) Act 1997 ”.

• (2) In section 41 of that Act, for “the Town and Country Planning (Scotland) Act 1972” substitute “ the Town and Country Planning (Scotland) Act 1997 ”.

The Land Commission Act 1967 (c. 1)

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The Forestry Act 1967 (c. 10)

13

• (1) In section 9(4)(d) of the Forestry Act 1967, for “the Town and Country Planning (Scotland) Act 1972” substitute “ the Town and Country Planning (Scotland) Act 1997 ”.

• (2) In section 35 of that Act, in the definition of “tree preservation order”, for “section 58 of the Town and Country Planning (Scotland) Act 1972” substitute “ section 160 of the Town and Country Planning (Scotland) Act 1997 ”.

• (3) In Schedule 3 to that Act—

• (a) in paragraph 2, for “section 32 of the Town and Country Planning (Scotland) Act 1972” and “the said section 32” substitute respectively “ section 46 of the Town and Country Planning (Scotland) Act 1997 ” and “ the said section 46 ”; and

• (b) in paragraph 3, for “the Town and Country Planning (Scotland) Act 1972” substitute “ the Town and Country Planning (Scotland) Act 1997 ”.

The Agriculture Act 1967 (c. 22)

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• (1) In section 50(3)(b) of the Agriculture Act 1967, for “section 275(1) of the Town and Country Planning (Scotland) Act 1972” substitute “ section 214 of the Town and Country Planning (Scotland) Act 1997 ”.

• (2) In section 52(2)(g) of that Act, for “the Town and Country Planning (Scotland) Act 1972” substitute “ the Town and Country Planning (Scotland) Act 1997 ”.

The Countryside (Scotland) Act 1967 (c. 86)

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• (1) In the proviso to section 11(5) of the Countryside (Scotland) Act 1967, for “1947” substitute “ 1997 ”.

• (2) In section 38(6) of that Act, for “section 113(1) of the Act of 1947” substitute “ section 217 of the Act of 1997 ”.

• (3) In section 73(5), for “section 83 of the Act of 1947” and “subsection (6)” substitute respectively “ section 242 of the Act of 1997 ” and “ subsection (3) ”.

• (4) In section 76—

• (a) in subsection (1), for “Section 50 of the Town and Country Planning (Scotland) Act 1945” substitute “ section 265 of the Town and Country Planning (Scotland) Act 1997 ”; and

• (b) in subsection (2), for “Section 101 of the Act of 1947” substitute “ Section 271 of the Act of 1997 ”.

• (5) In section 78(1)—

• (a) for the definition of “the Act of 1947” substitute—

• “the Act of 1997” means the Town and Country Planning (Scotland) Act 1997;

;

• (b) in the definition of “enactment”, for “the Act of 1947” substitute “ the Act of 1997 ”; and

• (c) in the definition of “statutory undertakers” and “statutory undertaking”, for “section 113 of the Act of 1947” substitute “ section 217 of the Act of 1997 ”.

The Caravan Sites Act 1968 (c. 52)

16

In section 16 of the Caravan Sites Act 1968, as it applies in Scotland, in the definition of “planning permission”, for “1972” substitute “ 1997 ”.

The Transport Act 1968 (c. 73)

17

• (1) In section 108 of the Transport Act 1968—

• (a) in subsection (2)—

• (i) for paragraph (b) substitute—

(b) land to which section 179 of the Town and Country Planning (Scotland) Act 1997 applies;

; and

• (ii) for “the said Act of 1972” and “the said section 63” substitute respectively “ the said Act of 1997 ” and “ the said section 179 ”; and

• (b) in subsection (3), for the words from “Part II” to “1947; and” substitute “ Part II of the Town and Country Planning (Scotland) Act 1947; and ”.

• (2) In section 112(3)(d) of that Act, for “section 63 of the Town and Country Planning (Scotland) Act 1972” substitute “ section 179 of the Town and Country Planning (Scotland) Act 1997 ”.

• (3) In section 141(2) of that Act, for “section 275(1) of the Town and Country Planning (Scotland) Act 1972” substitute “ section 214 of the Town and Country Planning (Scotland) Act 1997 ”.

The Finance Act 1969 (c. 32)

18

In the Table in section 58(4)(c) of the Finance Act 1969, in the entry relating to the Town and Country Planning (Scotland) Act 1972—

• (a) in the first column, for “section 172(3) of the Local Government (Scotland) Act 1973” substitute “ section 1 of the Town and Country Planning (Scotland) Act 1997 ”; and

• (b) in the second column, for “1972” substitute “ 1997 ”.

The Post Office Act 1969 (c. 48)

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In Schedule 9 to that Act—

• (a) in paragraph 27—