The Planning and Compensation Act 1991 (Commencement No.17 and Transitional Provision) (Scotland) Order 1994

Made: 15th December 1994

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.17 and Transitional Provision) (Scotland) Order 1994.

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 3rd February 1995

3

The following provisions of the 1991 Act shall come into force on 3rd February 1995:—

• section 44;

• section 46;

• section 61 insofar as it relates to the provisions of Schedule 13 referred tov below;

• section 84(6) insofar as it gives effect to the repeal in Part IV of Schedule 19 referred to below;

• in Schedule 13 paragraphs 7(a)(i), 10(a) (insofar as not already in force) and (b), 11(b)(i), (ii) and (iv), 15, 40(1)(b) and (c), 41(3) and (4) and 42; and

• in Part IV of Schedule 19 the entry in respect of section 28(1) of the 1972 Act.

Transitional provision

4

Section 44 of, and paragraph 40(1)(c) of Schedule 13 to, the 1991 Act shall not have effect so far as they relate to the demolition of a building on land in a case where, before 3rd February 1995 planning permission has been granted under Part III of the 1972 Act (except under article 3 of, and Schedule 1 to, the Town and Country Planning (General Permitted Development) (Scotland) Order 1992[^f00003]), or has been deemed to be granted under that Part of that Act, for the redevelopment of the land.

Signed

Allan Stewart — Parliamentary Under Secretary of State, Scottish Office — 15th December 1994

Explanatory note

(This note is not part of the Order)

This Order brings into force on 3rd February 1995 the following provisions of the Planning and Compensation Act 1991 in relation to Scotland:—

Footnotes

[^f00001]: 1991 c. 34.

[^f00002]: 1972 c. 52.

[^f00003]: S.I. 1992/223; to which there are amendments not relevant for the purposes of this Order.