
1 

(1) These Regulations may be cited as the Town and Country Planning (Enforcement of Control) (No. 2) (Scotland) Amendment Regulations 2011 and come into force on 1st December 2011.
(2) In these Regulations—
 “the 1992 Regulations” means the Town and Country Planning (Enforcement of Control) (No. 2) (Scotland) Regulations 1992; and
 “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.
2 

(1) Subject to regulation 4, the 1992 Regulations are amended in accordance with paragraphs (2) to (4).
(2) In regulation 2 (interpretation) omit the definition of “electronic communication”.
(3) Omit regulations 2A (electronic communications), 2B (consent to use of electronic communications), 2C (withdrawal of consent to use electronic communications), 5 (statement by appellant) and 6 (statement by planning authority).
(4) In regulation 8 (application of regulations)—
(a) omit “and to appeals against listed building enforcement notices and conservation area enforcement notices served by the Secretary of State”;
(b) omit “or, as the case may be, to appeals against such notices,”; and
(c) omit paragraph (d).
3 

(1) The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2009 are amended in accordance with paragraph (2).
(2) In regulation 3—
(a) in paragraph (1) for “Subject to paragraph (6), the” substitute “The”; and
(b) omit paragraphs (2), (3) and (6).
4 

(1) The 1992 Regulations continue to have effect as they had effect immediately before 1st December 2011 in relation to an appeal made under—
(a) section 35 of the Listed Buildings Act (appeals against listed building enforcement notices); and
(b) section 35 of the Listed Buildings Act as applied by section 66 of that Act (appeals against enforcement notices in respect of the demolition of buildings in conservation areas),
in respect of which notice is given to the Scottish Ministers under section 35(2) of the Listed Buildings Act before that date.
(2) The 1992 Regulations continue to have effect as they had effect immediately before 3rd August 2009 in relation to an appeal made under section 130 or 180 of the Town and Country Planning (Scotland) Act 1997 in respect of which notice is given to the Scottish Ministers under section 130(2) or 180(2) of that Act before that date.
AILEEN CAMPBELL
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
27th October 2011