Subordinate Legislation Committee, 11 Sep 2001
Meeting date: Tuesday, September 11, 2001
Official Report
118KB pdf
Town and Country Planning (General Permitted Development) (Scotland) Amendment (No 2) Order 2001 (SSI 2001/266)
The order replaces SSI 2001/244, but contains serious defects. We recommend referring the order to the lead committee and the Parliament on the grounds that the powers of the Executive to make the order required further explanation.
The order is also defectively drafted in that the definition of "category A listed buildings" refers to the coming into force of the principal order rather than—as intended by the Executive—the coming into force of the present order.
With reference to the new definition of
"historic garden or designed landscape"
which has been inserted into the 1992 order, no mention is made—either in the footnote or in the explanatory note—of details of the publication or of where a copy of the publication can be obtained.
The Executive has supplied a reference in its response, but it is not in the order, as it should be.
It is not only lawyers who refer to orders. They must be accessible and this one is not. We should tell the lead committee that it ought to consider the order to make the legislation clearer and more accessible. Do members agree?
Members indicated agreement.