Planning (Consequential Provisions) (Scotland) Act 1997

Year1997


Planning (ConsequentialProvisions) (Scotland) Act 1997

1997 CHAPTER 11

An Act to make provision for repeals, consequential amendments, transitional matters and savings in connection with the consolidation of enactments in the Town and Country Planning (Scotland) Act 1997, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and the Planning (Hazardous Substances) (Scotland) Act 1997 (including provisions to give effect to recommendations of the Scottish Law Commission).

[27th February 1997]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Meaning of ‘the consolidating Acts’, ‘the repealed enactments’, etc.

1 Meaning of ‘the consolidating Acts’, ‘the repealed enactments’, etc.

(1) In this Act—

‘the consolidating Acts’ means the principal Act, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 , the Planning (Hazardous Substances) (Scotland) Act 1997 and, so far as it reproduces the effect of the repealed enactments, this Act,

‘the principal Act’ means the Town and Country Planning (Scotland) Act 1997 , and

‘the repealed enactments’ means the enactments repealed by this Act.

(2) Expressions used in this Act and in any of the other consolidating Acts have the same meaning as in those Acts.

S-2 Continuity, and construction of references to old and new law.

2 Continuity, and construction of references to old and new law.

(1) The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.

(2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for the purposes of that corresponding provision.

(3) Any reference, whether express or implied, in the con solidating Acts or any other enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.

(4) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be c onstrued, so far as is required for continuing its effect, as including a reference to the corresponding provision of the consolidating Acts.

(5) In particular, where a power conferred by an Act is expressed (in whatever words) to be exercisable in relation to enactments contained in Acts passed—

(a) before or in the same Session as the Act conferring the power, or

(b) before a date determined by reference to the coming into force of particular provisions of that Act,

the power is also exercisable in relation to provisions of the consolidating Acts which reproduce such enactments.

S-3 Repeals.

3 Repeals.

(1) The enactments specified in Schedule 1 are repealed to the extent specified in the third column of that Schedule.

(2) Those repeals include the repeal, in accordance with Recommendations of the Scottish Law Commission, of section 18(7) and (8) of the 1972 Act as no longer of practical utility.

(3) The repeals have effect subject to any relevant savings in Schedule 3.

S-4 Consequential amendments.

4 Consequential amendments.

4. Schedule 2 (which makes consequential amendments) shall have effect, subject to any relevant transitional provisions in Schedule 3.

S-5 Transitional provisions and savings.

5 Transitional provisions and savings.

(1) Schedule 3 (which makes transitional provision and contains savings in connection with the repeals made by this Act) shall have effect.

(2) Nothing in that Schedule affects the general operation of section 16 of the Interpretation Act 1978 (general savings implied on repeal) or of the previous provisions of this Act.

S-6 Short title, commencement and extent.

6 Short title, commencement and extent.

(1) This Act may be cited as the Planning (Consequential Provisions) (Scotland) Act 1997 .

(2) Subject to subsections (3) and (4), this Act shall come into force at the end of the period of 3 months beginning with the day on which it is passed.

(3) The repeal in Part I of Schedule 1 relating to section 186 of the principal Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for diffe rent purposes.

(4) An order under subsection (3) may contain such supplementary, incidental, consequential and transitional provisions as the Secretary of State thinks fit.

(5) This Act does not extend to England or Wales or Northern Ireland except (subject to subsection (6)) so far as it affects other enactments so extending.

(6) The repeals in Part II of Schedule 1 extend to Scotland only and those in Part III of that Schedule to England and Wales only.

S C H E D U L E S

SCHEDULE 1

Repeals

I General

Part I

General

Chapter Short title Extent of repeal

10 & 11 Geo. 6 c. 53.

The Town and Country Planning (Scotland) Act 1947.

Section 46(8).

In Schedule 8, the entry relating to the Building Restrictions (War-time Contraventions) Act 1946.

14 & 15 Geo. 6 c. 60.

The Mineral Workings Act 1951.

Section 32.

Section 40(6).

1967 c. 69.

The Civic Amenities Act 1967.

Section 5.

In section 30(1), the definition of ‘the Scottish Planning Act’.

1969 c. 48. The Post Office Act 1969.

In Schedule 4, paragraph 92 and in paragraph 93, in sub-paragraph (1), paragraph (xxxiv) and the words from ‘Subject to’ to the end, and sub-paragraph (4)(k).

In Schedule 9, paragraph 27(8) and (11).

1972 c. 42.

The Town and Country Planning (Amendment) Act 1972.

The whole Act.
1972 c. 52.

The Town and Country Planning (Scotland) Act 1972.

The whole Act.
1973 c. 56.

The Land Compensation (Scotland) Act 1973.

In section 49(5) the words from ‘sections 169’ to ‘or’.

Sections 64 to 69.

Sections 71 to 77.

1973 c. 65.

The Local Government (Scotland) Act 1973.

Section 171C(b).

Section 172.

Section 175.

In Schedule 23, paragraphs 6 and 16 to 34.

1974 c. 32.

The Town and Country Amenities Act 1974.

Section 2(1).

Section 3(2).

Section 4(2) and (3).

Section 6.

Section 7(2).

Section 9.

Section 11.

In section 13, subsection (1)(b) and in subsection (2), the words from ‘and

Chapter Short title Extent of repeal

in section’ to the end.

1977 c. 10.

The Town and Country Planning (Scotland) Act 1977.

The whole Act.
1979 c. 46.

The Ancient Monuments and Archaeological Areas Act 1979.

Section 48(1).

In Schedule 4, paragraph 12.

1980 c. 65.

The Local Government, Planning and Land Act 1980.

Section 87.

In section 92, subsections (1) to (8) and in subsection (9), the words from ‘section 87’ to ‘that,’.

In section 122, in subsection (1) the words ‘or section 103 of the Town and Country Planning (Scotland) Act 1972’ and ‘or as the case may be 103’ in subsections (2), (3), and (8) the words ‘and 103’ and in subsection (6) the words ‘or 103’.

Section 147.

In section 149, in subsection (6), the words from ‘in place of’ to ‘authority’ in the third place where it occurs in subsection (8)(a), the words from ‘and in place’ to ‘them’ and subsection (10).

In Schedule 32, paragraphs 5(8), 15(2)(b), 17, 19, 20(2), 21, 22, 24, 25 and 26(1A).

1981 c. 23.

The Local Government (Miscellaneous Provisions) (Scotland) Act 1981.

Section 36.

In Schedule 2, paragraphs 16 to 25, 27 and 28.

In Schedule 3, paragraphs 13, 15 to 20, 22 and 23.

1981 c. 36.

The Town and Country Planning (Minerals) Act 1981.

The whole Act.
1981 c. 38.

The British Telecommunications Act 1981.

In Schedule 3, paragraph 10(2)(d).

1982 c. 16. The Civil Aviation Act 1982.

In Schedule 2, in paragraphs 4 and 5, the entries relating to the Town and Country Planning (Scotland) Act 1972 and paragraph 7.

In Schedule 10, paragraphs 4(c) and 8(c) and, in each case, the preceding ‘and’.

Chapter Short title Extent of repeal
1982 c. 43.

The Local Government and Planning (Scotland) Act 1982.

Sections 36 to 48.

Schedule 2.

1983 c. 47.

The National Heritage Act 1983.

In Schedule 4, paragraph 22(6).

1984 c. 10.

The Town and Country Planning Act 1984.

The whole Act.
1984 c. 12.

The Telecommunications Act 1984.

In Schedule 4, paragraph 54.
1984 c. 54.

The Roads (Scotland) Act 1984.

In Schedule 9, paragraphs 41, 70, 72(7) and (8).

1985 c. 19.

The Town and Country Planning (Compensation) Act 1985.

The whole Act.
1985 c. 52.

The Town and Country Planning (Amendment) Act 1985.

The whole Act.
1986 c. 31. The Airports Act 1986.

In Schedule 2, in paragraph 1, in sub-paragraph (1), the entry for the Town and Country Planning (Scotland) Act 1972 and the words from ‘and for the purposes’ to the end, and in sub-paragraph (2), the entry for the Town and Country Planning (Scotland) Act 1972.

In Schedule 4, paragraph 2.

1986 c. 44. The Gas Act 1986. In Schedule 7, paragraph 13.
1986 c. 63.

The Housing and Planning Act 1986.

Section 26.

Sections 35 to 38.

Sections 50 and 51.

Section 52(1)(a).

Section 54(2).

In section 58(2), the words from ‘in Part II’ to ‘Schedule 6’, the words from ‘in Part IV’ to ‘Schedule 7’ and the words ‘Part II of Schedule 9’.

In Schedule 6, Parts III and IV.

In Schedule 7, Part II.

In Schedule 9, paragraphs 13 to 24.

In Schedule 11, paragraphs 28 to 60 and 62.

1987 c. 3. The Coal Industry Act 1987. In Schedule 1, paragraph 20.
1987 c. 18.

The Debtors (Scotland) Act 1987.

In Schedule 6, paragraph 15.
1987 c. 26.

The Housing (Scotland) Act 1987.

In Schedule 23, paragraphs 18 and 19(9) and (10).

Chapter Short
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