Local development plans – defining Gypsies and Travellers: interim impact assessments

Annex B: Local Development Plan Consultation – decision to hold separate consultation on the definition of Gypsies and Travellers

Local development planning - regulations and guidance consultation: part B - proposals for development planning regulations

18. Section 16B(14) of the Act provides the meanings of terms referred to in section 16. It refers that 'Gypsies and Travellers' has the meaning specified in regulations made by the Scottish Ministers. The supplementary delegated powers memorandum, prepared during the passage of the Planning Bill, indicated that there is no definition of Gypsies and Travellers in Scots law, and there had been no consultation with the community on a definition. It was therefore considered appropriate that a definition be provided in regulations, enabling engagement with the community on the definition to take place. We propose to hold a separate consultation on this matter. This will enable the targeted involvement of the Gypsies and Travellers community and explanation of the specific matters associated with this requirement.

Local development planning - regulations and guidance consultation: part D - interim impact assessments

54. A separate consultation will follow to inform the meaning of Gypsies and Travellers in relation to the requirements for the Evidence Report.

101. The 2019 Act provides for a meaning of 'Gypsies and Travellers' to be specified in regulations. The consultation indicates that we propose to hold a separate consultation on this matter. This will enable the targeted involvement of the Gypsy/Traveller community and the explanation of the specific matters associated with this requirement.

122. In considering the proposed regulations we have worked to the principle of keeping to the minimum necessary, given there is much process already outline in primary legislation. However, a new aspect to the LDP process has been introduced which requires new regulations – the Evidence Report. Primary legislation defines the meaning of a number of terms relating to this but provides for regulations to specify the meaning of 'Gypsies and Travellers'. Having considered this with colleagues in the Equalities Unit we propose to hold a separate consultation on this matter. This will enable the targeted involvement of the Gypsy/Traveller community and explanation of the specific matters associated with this requirement.