- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Public Services Reform (Planning) (Pre-application consultation) (Scotland) Order 2013 No. 25
Draft Order laid before the Scottish Parliament under section 25(2)(b)(i) of the Public Services Reform (Scotland) Act 2010 for approval by resolution of the Scottish Parliament.
Draft Scottish Statutory Instruments
Regulatory Reform
Town And Country Planning
Made
Coming into force
2nd February 2013
The Scottish Ministers make the following Order in exercise of the powers conferred by section 17(1) and (9) of the Public Services Reform (Scotland) Act 2010(1) (“the Act”) and all other powers enabling them to do so.
The Scottish Ministers consider that the relevant conditions in section 18(2) of the Act are satisfied.
The Scottish Ministers have consulted in accordance with section 26 of the Act.
The Scottish Ministers have laid a draft of this Order and an explanatory document before the Scottish Parliament in accordance with section 25(2)(b) of the Act.
In accordance with section 25(2)(c) of the Act, a draft of this Order has been approved by resolution of the Scottish Parliament.
1. This Order may be cited as the Public Services Reform (Planning) (Pre-application consultation) (Scotland) Order 2013 and comes into force on 2nd February 2013.
2.—(1) The Town and Country Planning (Scotland) Act 1997(2) is amended in accordance with paragraph (2).
(2) In section 35A (pre-application consultation: preliminary) after subsection (1) insert—
“(1A) Subsection (1) does not apply to an application for planning permission to which section 42 applies.”.
Name
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
Date
(This note is not part of the Order)
This Order amends section 35A of the Town and Country Planning (Scotland) Act 1997 to provide that applications made under section 42 of that Act are not subject to the requirements for pre-application consultation contained in section 35B of that Act.
2010 asp 8. Section 25 has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
1997 c.8. Section 35A was inserted by section 11 of the Planning etc. (Scotland) Act 2006 (asp 17).
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Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
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