2009 No. 70 (C. 5)

TOWN AND COUNTRY PLANNING

The Planning etc. (Scotland) Act 2006 (Commencement No. 6) Order 2009

Made

The Scottish Ministers make the following Order in exercise of the powers conferred by section 59(2) of the Planning etc. (Scotland) Act 20061.

Citation and interpretation1

1

This Order may be cited as the Planning etc. (Scotland) Act 2006 (Commencement No. 6) Order 2009.

2

In this Order–

  • the Act” means the Planning etc. (Scotland) Act 2006; and

  • “the Schedule” means the Schedule to this Order.

Commencement2

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 28th February 2009 for all purposes.

2

Where a particular 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 28th February 2009 only for that purpose.

STEWART STEVENSONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULE

Article 2

Column 1

Column 2

Column 3

Provisions of the Act

Subject Matter

Purpose

Section 2

Development plans

Section 53

Old development plans

Section 54(11)(a), (12), (14), (15), (16)(b)(i) and (f) and (17)(a)(i)

Further amendment of the principal Act

Section 54(17)(a)(i) is commenced only for the purpose of inserting the definition of “local development plan” into section 277(1) of the principal Act

(This note is not part of the Order)

To the extent they are not already in force, this Order brings sections 2, 53, 54(11)(a), (12), (14), (15) and (16)(b)(i) and (f) of the Planning etc. (Scotland) Act 2006 (“the Act”) into force on 28th February 2009 for all purposes.

Article 2(2) limits the purposes for which section 54(17)(a)(i) is commenced on 28th February 2009. That provision, to the extent not already in force, is commenced for the purpose of inserting a new definition into section 277 of the Town and Country Planning (Scotland) Act 1997 (c. 8).

(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

Parts 3 and 4 and section 54(17) (partially)

12th December 2008

S.S.I. 2008/411