Statutory Instrument 1991 No. 2092 (C. 62) (S. 172)

The Planning and Compensation Act 1991 (Commencement No. 2 and Transitional Provisions) (Scotland) Order 1991

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1991 No. 2092 (C. 62) (S. 172)

ACQUISITION OF LAND

TOWN AND COUNTRY PLANNING, SCOTLAND

The Planning and Compensation Act 1991 (Commencement No. 2 and Transitional Provisions) (Scotland) Order 1991

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(^[1]) and 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. 2 and Transitional Provisions) (Scotland) Order 1991.

Interpretation
    2.    In this Order-
"commencement date" means the 25th September 1991; and


"the 1991 Act" means the Planning and Compensation Act 1991.

Commencement
    3.    Subject to article 4, the following provisions of the 1991 Act shall come into force on 25th September 1991:-
section 47;


section 48;


section 50;


section 57 in so far as it relates to the provisions of Schedule 10 referred to below;


section 60(1), (4), (6), (7) and (8);


section 61 in so far as it relates to the provisions of Schedule 13 referred to below;


sections 71 to 76;


section 77;


section 78;


section 79;


section 80 in so far as it relates to the provisions of Schedule 18 referred to below;


section 84(6) in so far as it relates to the repeals in Part IV of Schedule 19 specified in Schedule 1 to this Order;


Schedule 10 in so far as it relates to paragraphs 1 and 2;


Schedule 12;


Schedule 13 in so far as it relates to paragraphs 2, 5, 6, 7(a)(ii) and (iii) and (b), 9, 11(a) and (c), 12, 14, 28, 36, 38(e), 41(1), 43(a)(i) and (b)(i);


Schedule 16;


Schedule 17;


Schedule 18 as it applies in relation to Scotland except in so far as it relates to the entries in respect of section 56J(8) and 56K(12) of the Town and Country Planning (Scotland) Act 1972(^[2]) in Part I;


Schedule 19 in so far as it relates to the repeals in Part IV specified in Schedule 1 to this Order.

Cases where commencement limited
    4.    -

    (1)  The provisions of the 1991 Act mentioned in Part I of Schedule 2 to this Order shall not have effect in a case where any of the following events occurs before the commencement date in relation to the matter specified-
 (a) in relation to a compulsory purchase order not made by a Minister, the compulsory purchase order is made;
 (b) in relation to a compulsory purchase order made by a Minister, paragraph 3 of Schedule 1 of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947(^[3]) as applied by paragraph 7(4) of that Schedule has been complied with;
 (c) in relation to a purchase notice within the meaning of Part IX of the Town and Country Planning (Scotland) Act 1972(^[4]), the following events:-
 (i) in the case of a purchase notice served in accordance with section 169(1) of that Act, planning permission is refused or granted subject to conditions;
 (ii) in the case of a purchase notice served in accordance with section 177(1) of that Act, planning permission is revoked or modified by the imposition of conditions by way of an order under section 42 of the Act;
 (iii) in the case of a purchase notice served in accordance with section 178(1) of that Act, an order is made under section 49 of the Act;
 (d) in relation to a blight notice within the meaning of subsection (6) of section 181 of the said 1972 Act(^[5]), the land falls within any of the descriptions set out at subsection (1) of that section.

    (2)  A provision of the 1991 Act mentioned in the first column of an entry in Part II of Schedule 2 to this Order shall not have effect in a case where the date shown against that provision in the second column of the entry is, in relation to that case, before the commencement date.

    (3)  In Part II of that Schedule, except where a contrary intention appears-
 (a) an expression used in an entry in the second column which is also used in the provision of an Act mentioned in the corresponding entry in the first column has the same meaning as in that provision; and
 (b) a reference in an entry in the second column to a provision or Part of an Act is a reference to a provision or Part of the Act (other than the 1991 Act) mentioned in the corresponding entry in the first column.

Ian Lang

One of Her Majesty's Principal Secretaries of State
St Andrew's House, Edinburgh

18th September 1991

[1] 1991 c. 34. back

[2] 1972 c. 52. back

[3] 1947 c. 42; paragraph 3 of Schedule 1 was modified by the Town and Country Planning (Scotland) Act 1972 (c. 52), section 107(3); section 107(3) of the 1972 Act was amended by the Local Government (Scotland) Act 1973 (c. 65), Schedule 23, paragraph 22(b). back

[4] 1972 c. 52. back

[5] Section 181(6) was amended by the Land Compensation (Scotland) Act 1973 (c. 56), sections 71(2)(b) and 77(2). back

Explanatory Note