P ART 4 O THER MATTERS Promotion and use of mediation etc. 30 20C Promotion and use of mediation etc. (1) The Town and Country Planning (Scotland) Act 1997 is amended as follows. (2) After section 268 insert— “Promotion and use of meditation etc. 268A Promotion and use of mediation etc. 35 (1) The Scottish Ministers may issue guidance in relation to the promotion and use of mediation in relation to the following— (a) the preparation of local development plans and related evidence reports under Part 2, 58 Planning (Scotland) Bill Part 4—Other matters (b) a prospective applicant’s compliance with any requirements in respect of pre-application consultation imposed under or by virtue of section 35B, (c) assisting in the determination of an application for planning permission, (d) any other matter related to planning that they consider appropriate. 5 (2) Guidance under subsection (1) may include provision about— (a) the form of mediation that is to be used in a particular circumstance, and (b) the procedure to be followed in any such mediation. (3) Local authorities must have regard to any guidance issued under subsection (1). 10 (4) Before issuing any guidance under subsection (1), the Scottish Ministers must consult— (a) planning authorities, and (b) such other persons that the Scottish Ministers consider appropriate. (5) The Scottish Ministers must make any guidance issued under subsection (1) 15 publically available. (6) The power under subsection (1) to issue guidance includes power to— (a) issue guidance that varies guidance issued under that subsection, and (b) revoke guidance issued under that subsection. (7) For the purposes of this section, “mediation” includes any means of exploring, 20 resolving or reducing disagreement between persons involving an impartial person that the Scottish Ministers consider appropriate. (8) The Scottish Ministers must issue guidance under subsection (1) within the period of two years beginning with the date on which the Planning (Scotland) Act 2019 received Royal Assent.”. 25 Charges and fees 21 Fees for planning applications etc. (1) Section 252 of the Town and Country Planning (Scotland) Act 1997 (fees for planning applications etc.) is amended as follows. (2) After subsection (1)(b) insert— 30 “(c) the performance by a person appointed by virtue of a scheme of delegation under section 43A of the person’s functions.”. (3) After subsection (1) insert— “(1ZA)The Scottish Ministers may by regulations make provision for the payment of a charge or fee to the Scottish Ministers in respect of— 35 (a) the performance by the Scottish Ministers of any of their functions under the planning Acts or any order or regulations made under them, (b) anything done by the Scottish Ministers which is calculated to facilitate, or is conducive or incidental to, the performance of any such function, Planning (Scotland) Bill 59 Part 4—Other matters (c) the performance by a person appointed by the Scottish Ministers under paragraph 1 of schedule 4 of the person’s functions.”. (4) In subsection (1A), for “The regulations” substitute “Regulations under subsections (1) and (1ZA)”. 5 (5) In subsection (1A)(b), after “calculated” insert “(including conferring on a planning authority the power to determine how it is to be calculated)”. (5A) Subsection (1A)(da) is repealed. (6) For subsection (1A)(e) substitute— “(e) provide that a planning authority or the Scottish Ministers may waive or 10 reduce the charge or fee, (ea) specify circumstances in which a planning authority or the Scottish Ministers are or are not to waive or reduce the charge or fee,”. (6A) Subsections (1AA) and (1AB) are repealed. (6B) After subsection (1AB) insert— 15 “(1AC)Regulations under subsection (1) may not make provision for the charge or fee payable to different planning authorities to be of different amounts on the basis of whether the functions of the authority are not being, or have not been, performed satisfactorily.”. (7) After subsection (1B) insert— 20 “(1C) The power to make provision such as mentioned in subsection (1A)(e) and (ea) includes the power to specify the steps a planning authority are to take before or after waiving or reducing the charge or fee. (1D) Regulations under subsections (1) and (1ZA) may provide for a surcharge to be imposed in relation to an application for planning permission made after the 25 carrying out of the development to which it relates but those regulations may not provide for the imposition of a surcharge greater than the fee that would be payable otherwise in relation to the application. (1E) Without prejudice to the generality of paragraphs (e) and (ea) of subsection (1A), in relation to applications for planning permission, provision may be 30 made under those paragraphs for fees and charges to be waived where the application is for a development that, in the opinion of the planning authority— (a) has the primary purpose of contributing to a social enterprise or not for profit enterprise, (b) is likely to contribute to improving the health of residents of the area to 35 which the application relates. (1F) For the purposes of subsection (1E)— “not for profit enterprise” means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society, 40 “social enterprise” means an organisation whose activities...