However, we should also ask whether in the definition of "fish farm development" in article 11(2)(a) the "and" should be an "or"; which provisions in the draft order rely on section 58 of the Planning etc (Scotland) Act 2006; and why, given that the power in section 26(6C) of the Town and Country Planning (Scotland) Act 1997 is subject to the consultation requirement in section 26(6H), the preamble does not, in accordance with normal drafting procedure, cite the provision under which consultation has been carried out.