Statutory Instrument 1992 No. 334 (C.9) (S.27)

The Planning and Compensation Act 1991 (Commencement No. 7 and Transitional Provisions) Order 1992

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1992 No. 334 (C.9) (S.27)

TOWN AND COUNTRY PLANNING, SCOTLAND

The Planning and Compensation Act 1991 (Commencement No. 7 and Transitional Provisions) Order 1992

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 of 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. 7 and Transitional Provisions) Order 1992.

Interpretation
    2.    In this Order—
"the 1972 Act" means the Town and Country Planning (Scotland) Act 1972^[2].


"the 1991 Act" means the Planning and Compensation Act 1991^[1].

Provisions coming into force for certain purposes on 24th February 1992
    3.    Section 37 of the 1991 Act shall come into force on 24th February 1992 for the purpose of enabling the Secretary of State to make Regulations under section 84AA(10) of the 1972 Act.

Provisions coming into force on 26th March 1992
    4.    Subject to article 5 below, the following provisions of the 1991 Act shall come into force on 26th March 1992—
Section 33


Section 35


Section 36, except so far as it relates to breach of condition notices


Sections 37 to 41


Section 43


Section 54


Section 56


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


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


Section 82


Section 84(6) so far as it gives effect 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 4 to 8, 10, 12 and 13


Schedule 13 in so far as it relates to the provisions of that Schedule as set out in the first column of Schedule 2 to this Order and where there is an entry against that provision in the second column of that Schedule to the extent therein provided


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

Transitional provisions
    5.—(1)  Until such time as section 42 of the 1991 Act is brought fully into force—
 (a) an enforcement notice which relates to a failure to comply with any condition or limitation relating to the carrying out of building, engineering, mining or other operations, in, on, over or under land and subject to which planning permission was granted for the development of that land, may be issued only within the period of four years from the date of the breach; and
 (b) nothing in section 83B(3) of the 1972 Act prevents an enforcement notice which relates to a breach of planning control (other than a breach falling within section 83B(1) or (2) of the 1972 Act or paragraph (a) above) being issued where it appears to the planning authority that the breach occurred after the end of 1964.

    (2)  Subject to paragraph (3), the commencement of paragraph (b) of section 83B(4) shall not permit the taking of further enforcement action in respect of any existing breach of planning control where, immediately before the commencement of that paragraph, the planning authority could not have issued an enforcement notice relating to that breach.

    (3)  Paragraph (2) does not apply where any proceedings under the 1972 Act in respect of the breach pursuant to the issue or purported issue of an enforcement notice by the planning authority have not been finally determined before the commencement of paragraph (b) of section 83B(4).

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St. Andrew's House, Edinburgh

20th February 1992

[1] 1991 c. 34. back

[2] 1972 c. 52. back

Explanatory Note