Town And Country Planning Citation, commencement and interpretation 1 1 This Order may be cited as the Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009. 2 This article and article 5 come into force on 2nd August 2009. 3 Articles 2 to 4 come into force on 3rd August 2009. 4 In this Order, “the 1997 Act ” means the Town and Country Planning (Scotland) Act 1997 . Amendment of the Town and Country Planning (Scotland) Act 1997 2 1 The 1997 Act is amended in accordance with paragraphs (2) to (7). 2 In section 36(3)(b) (register of applications) after “appeal” insert “or review”. 3 In section 60(2) (provisions supplementary to sections 58 and 59)— a the word “or” following paragraph (a) is repealed; and b at the end of paragraph (b) insert— , or c in a case where the application is determined by a person appointed by virtue of a scheme of delegation and on a review of the case under section 43A(8) the planning authority grant the approval, on the date of the notice of the decision given by virtue of section 43A(11)(e) . 4 In section 180(3) (appeal against amenity notice) the words “and (2)” are repealed. 5 In section 266(1) (orders for expenses) the words from “proceedings” to the end of that subsection become paragraph (a) and at the end of that paragraph insert— , and b proceedings arising under or by virtue of sections 46, 47, 75B, 75F, 130, 154, 169 and 180 . 6 In section 277(5) (interpretation)— a in paragraph (a) after “appeal” insert “ or review”; b after paragraph (b) insert— ba in relation to a decision upheld on review under section 43A(8)(a) or (b), such references shall be construed as references to the decision of the person appointed under the scheme of delegation to determine the application and not to the decision of the planning authority on review; ; c after paragraph (c) insert— ca in relation to a decision given on a review under section 43A(8)(c), such references shall be construed as references to the decision so given; ; and d after paragraph (d) insert— da the time of a planning decision— i in the case where there is or was a review under section 43A(8)(a) or (b), shall be taken to be or have been the time of the decision as made by the person appointed under the scheme of delegation to determine the application (whether or not that decision is or was altered on review); or ii in the case of a decision given on a review under section 43A(8)(c), shall be taken to be or have been the time when the application is deemed to have been refused under section 43A(9). . 7 In Schedule 4 (determination of certain appeals by person appointed by the Scottish Ministers), in paragraph 6(2)(a), the words “by virtue of paragraph 2(4)” are repealed. Amendment of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 3 1 The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is amended in accordance with paragraph (2). 2 In section 15(3)(a) (power to impose conditions)— a for “an agreement” substitute “a planning obligation under section 75 of the principal Act”; and b for “made and recorded under section 75 of the principal Act” substitute “entered into and the relevant instrument by which that obligation is entered into has been recorded in the Register of Sasines or, as the case may be, registered in the Land Register of Scotland under that section”. Amendment of the Licensing (Scotland) Act 2005 4 1 The Licensing (Scotland) Act 2005 is amended in accordance with paragraph (2). 2 In section 50 (certificates as to planning etc.)— a in paragraph (3)(a) after “permission” insert “or planning permission in principle”; and b in paragraph (5)(a) after “permission”, where that word first occurs, insert “, planning permission in principle”. Amendment of the Planning etc. (Scotland) Act 2006 5 1 The Planning etc. (Scotland) Act 2006 is amended in accordance with paragraphs (2) and (3). 2 In section 20(1)(a) (duration of planning permission) in the new subsection (3) to be substituted for section 58(3) of the 1997 Act, for “section” substitute “sections 43A(8)(b) and”. 3 In section 21(1) (planning permission in principle) in the new subsection (6) of the new section 59 to be substituted for section 59 of the 1997 Act, for “section” substitute “sections 43A(8)(b) and”. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 22nd June 2009