The Housing and Planning Act 1986 (Commencement No. 18 and Transitional Provisions) (Scotland) Order 1993

Made: 15th February 1993

The Secretary of State, in exercise of the powers conferred on him by section 57(2) of the Housing and Planning Act 1986[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and extent

1

• (1) This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 18 and Transitional Provisions) (Scotland) Order 1993.

• (2) This Order extends only to Scotland.

Interpretation

2

In this Order—

• “the 1986 Act” means the Housing and Planning Act 1986;

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

Provisions coming into force with limited effect on 18th February 1993

3

So much of sections 35, 36 and 38 of the 1986 Act as confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, shall, for the purpose only of enabling or requiring the Secretary of State to make such regulations, come into force on 18th February 1993.

Provisions coming into force on 18th February 1993

4

Section 37 insofar as it relates to paragraph 4 of Schedule 7, Part II to the 1986 Act shall come into force on 18th February 1993.

Provisions coming into force on 1st May 1993

5

• (1) The provisions of sections 35, 36 and 38 of the 1986 Act, insofar as not brought into force by article 3, shall come into force on 1st May 1993.

• (2) Section 37 insofar as it relates to paragraphs 1 to 3 and 5 to 8 of Schedule 7, Part II to the 1986 Act shall come into force on 1st May 1993.

Transitional provisions

6

• (1) No offence is committed under section 56L of the 1972 Act[^f00003], and no hazardous substances contravention notice may be issued, in respect of the presence of a hazardous substance without hazardous substances consent during the period of 28 days beginning with 1st May 1993.

• (2) Where an application for hazardous substances consent under the 1972 Act is received by the planning authority within the 28 day period mentioned in paragraph (1), no offence is committed under section 56L, and no hazardous substances contravention notice may be issued, in respect of a hazardous substance included in the application and present on, over or under the land to which the application relates, during the period beginning with the date on which the application is so received and ending on the determination of the application, or 8 weeks after the application is so received, whichever is the earlier.

• (3) This article is without prejudice to the transitional exemption in section 38 of the 1986 Act.

Signed

Allan Stewart — Parliamentary Under Secretary of State, Scottish Office — 15th February 1993

Explanatory note

(This note is not part of the Order)

This Order brings into force sections 35 to 38 of and Schedule 7, Part II to the Housing and Planning Act 1986 (“the 1986 Act”) and applies only to Scotland.

Article 3 brings into force on 18th February 1993 sections 35, 36 and 38 of the 1986 Act insofar as they confer on the Secretary of State, or make provision concerning exercise of, a power or duty to make regulations.

Article 4 brings into force on 18th February 1993 Schedule 7, Part II paragraph 4 to the 1986 Act.

Article 5 brings into force on 1st May 1993 sections 35, 36 and 38 for all other purposes as well as the remainder of Schedule 7, Part II to the 1986 Act.

Article 6 details transitional provisions relating to offences under section 56L of the Town and Country Planning (Scotland) Act 1972.

Footnotes

[^f00001]: 1986 c. 63.

[^f00002]: 1972 c. 52.

[^f00003]: Section 56L was inserted by section 35 of the Housing and Planning Act 1986 (c. 63).