The Planning and Compensation Act 1991 (Commencement No. 12 and Transitional Provisions) (Scotland) Order 1992

Made: 4th August 1992

The Secretary of State, in exercise of the powers conferred on him by section 84(2) and (3) of the Planning and Compensation Act 1991([^f00001]) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation

1

This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 12 and Transitional Provisions) (Scotland) Order 1992.

Interpretation

2

In this Order—

• “the 1972 Act” means the Town and Country Planning (Scotland) Act 1972([^f00002]);

• “the 1991 Act” means the Planning and Compensation Act 1991.

Provisions coming into force on 10th August 1992

3

The following provisions of the 1991 Act shall come into force on 10th August 1992:—

• Section 34, in so far as it inserts into the 1972 Act a definition of a breach of condition notice;

• Section 42, for the purpose of enabling the Secretary of State to make regulations or a development order under section 90B of the 1972 Act;

• Section 45;

• Section 55;

• Section 61, in so far as it relates to the provisions of Schedule 13 hereinafter referred to in this article; and

• Schedule 13, in so far as it relates to paragraph 22, and to paragraph 40(1)(a) in so far as it is not already in force.

Provisions coming into force on 25th September 1992

4

Subject to article 5 below, the following provisions of the 1991 Act shall, in so far as they are not already in force, come into force on 25th September 1992:—

• Section 34;

• Section 36;

• Section 42;

• Section 61 in so far as it relates to the provisions of Schedule 13 hereinafter referred to in this article;

• Section 84(6) in so far as it gives effect to the repeals in Part IV of Schedule 19 specified in the Schedule to this Order; and

• Schedule 13 in so far as it relates to paragraphs 1, 17, 18, 20, 25, 26, 31 to 34, 37, 40(1)(d), 43, 46 and 47.

Transitional provisions

5

No provision of the 1991 Act brought into force by article 4 above shall have effect in relation to—

• (a) any determination made before 25th September 1992 under section 51 of the 1972 Act as to whether planning permission is required, or any application made before that day for such a determination and any determination following on such an application, including a determination made on appeal;

• (b) any established use certificate granted before 25th September 1992 under section 90 or section 91 of the 1972 Act, or any application for such a certificate made before that day and any certificate following on such an application.

SCHEDULE — Repeals in Part IV of Schedule 19 coming into force on 25th September 1992

Signed

Fraser of Carmyllie — Minister of State, Scottish Office — 4th August 1992

Explanatory note

(This note is not part of the Order)

Article 3 of this Order brings into force on 10th August 1992 the following provisions of the Planning and Compensation Act 1991 insofar as they enable the Secretary of State to make development orders or regulations in relation to Scotland:—

Article 3 also brings into force for all purposes on that date the following provisions of that Act, which apply to Scotland:—

Article 4 brings into force on 25th September 1992 the following provisions of that Act which apply to Scotland, insofar as they are not already in force:—

Article 5 is a transitional provision which preserves the effect of existing determinations as to the need for planning permission under section 51 of the Town and Country Planning (Scotland) Act 1972, of established use certificates granted under sections 90 and 91 of that Act, and of outstanding applications for such determinations and certificates.

Footnotes

[^f00001]: 1991 c. 34.

[^f00002]: 1972 c. 52.