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The Planning etc. (Scotland) Act 2006 (Commencement No. 9) Order 2009
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Scottish Statutory Instruments
2009 No. 219 (C. 17)
TOWN AND COUNTRY PLANNING
The Planning etc. (Scotland) Act 2006 (Commencement No. 9) Order 2009
Made
3rd June 2009
The Scottish Ministers make the following Order in exercise of the powers conferred by section 59(2) of the Planning etc. (Scotland) Act 2006(1).
Citation and interpretation
1.—(1) This Order may be cited as the Planning etc. (Scotland) Act 2006 (Commencement No. 9) Order 2009.
(2) In this Order–
“the 1997 Act” means the Town and Country Planning (Scotland) Act 1997(2);
“the Act” means the Planning etc. (Scotland) Act 2006; and
“the Schedule” means the Schedule to this Order.
Commencement
2.—(1) Subject to paragraph (2) the provisions of the Act specified in column 1 of the Schedule (and the subject matter of which is described in column 2 of the Schedule), to the extent not already in force, come into force on 3rd August 2009 for all purposes.
(2) Where a purpose is specified in column 3 of the Schedule in relation to any provision, that provision shall, to the extent not already in force, come into force on 3rd August 2009 only for that purpose.
STEWART STEVENSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
3rd June 2009
Article 2
SCHEDULE
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject Matter | Purpose |
| Section 6 | Notification of initiation and completion of development | |
| Section 7(1) and (2) | Applications for planning permissions | |
| Section 8 | Variation of planning application | |
| Section 9 | Development already carried out | |
| Section 10 | Publicity of applications | |
| Section 12 | Public availability of information | |
| Section 13 | Lists of applications | |
| Section 14 | Pre-determination hearings | |
| Section 15 | Additional grounds for declining to determine an application | |
| Section 16(b) | Manner of dealing with applications | |
| Section 17 | Local developments: schemes of delegation | |
| Section 19 | Appeals | |
| Section 20(1) and (2) | Duration of planning permission | |
| Section 21 | Planning permission in principle | |
| Section 22 | Further provision regarding duration of planning permission | |
| Section 25 | Fixed penalty notices | |
| Section 26 | Temporary stop notices | |
| Section 54(3), (4), (5), (6), (7), (8), (9), (10), (13) and (17)(a)(i) | Further amendment of the principal Act | |
| Section 56 and the Schedule | Repeals | For all purposes other than the repeal (wholly or partially) of– (i) section 67(8) of the 1997 Act; (ii) section 163 of the 1997 Act; (iii) section 182(3)(a) of the 1997 Act; (iv) section 252(2) of the 1997 Act; and (v) sections 20(2), 36(2) and 72(1)(b) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(3). |
Explanatory Note
(This note is not part of the Order)
To the extent they are not already in force, this Order brings sections 6 to 10 (other than section 7(3)), 12 to 15, 16(b), 17 to 22 (other than section 20(3)), 25, 26, 54(3) to (10), (13) and (17)(a)(i) and 56 of and the Schedule (partially) to the Planning etc. (Scotland) Act 2006 (“the Act”) into force on 3rd August 2009 for all purposes.
Article 2(2) limits the purposes for which the Schedule to the Act is commenced on 3rd August 2009.
Note as to Earlier Commencement Orders
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement orders made before the date of this Order.
| Provision | Date of Commencement | S.S.I. No. |
|---|---|---|
| Sections 3, 33 to 49 and 54 (partially) | 6th February 2007 | S.S.I. 2007/49 |
| Sections 57 and 58 | 6th February 2007 | S.S.I. 2007/49 |
| Section 16(a) | 1st March 2007 | S.S.I. 2007/130 |
| Sections 1, 3(1)(a), (c), (d) and (e) and (4), 4, 12(a)(iii) and (iv), 18, 27, 28(1)(a), (b) and (c), 32, 33 to 49 (Part 9), 51, 54(1), (2), (11)(b)(i) and (iii), (16)(d) and (e) and (17)(a)(ii) and (iii) and 55(1) and (3) | 1st April 2007 | S.S.I. 2007/130 |
| Sections 50, 54(17)(a)(i), 56 and the schedule (partially) | 1st April 2007 | S.S.I. 2007/130 |
| Sections 2 and 54(16)(b)(i), (c) and (f) (partially) | 19th May 2008 | S.S.I. 2008/164 |
| Section 55(2) | 1st June 2008 | S.S.I. 2008/191 |
| Sections 2 and 54(17)(a)(i) (partially) | 25th June 2008 | S.S.I. 2008/164 |
| Section 52(1) | 12th December 2008 | S.S.I. 2008/411 |
| Parts 3 and 4 and section 54(17) (partially) | 12th December 2008 | S.S.I. 2008/411 |
| Section 2, 53 and 54(11)(a), (12), (14), (15) and (16)(b)(i) and (f) | 28th February 2009 | S.S.I. 2009/70 |
| Section 54(17(a)(i) (partially) | 28th February 2009 | S.S.I. 2009/70 |
| Sections 5, 11 and 54(19) | 6th April 2009 | S.S.I. 2009/100 |
| Sections 17 and 54(17)(a)(i) (partially) | 6th April 2009 | S.S.I. 2009/100 |
| Section 31 | 14th May 2009 | S.S.I. 2009/179 |
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