According to the Planning (Scotland) Act 2019 (Commencement No. 15) Regulations 2026, published as Scottish Statutory Instrument 2026/280, Scottish Ministers have appointed 2 November 2026 as the date on which section 45 of the 2019 Act comes into force for a limited purpose. The instrument was made on 1 October 2026, laid before the Scottish Parliament on 5 October 2026 and comes into force on 2 November 2026. The point of the instrument is narrow but important. It does not activate a full training regime for planning authorities. It activates section 45 only so that ministers can make later regulations under that section.
Section 45 is the provision titled "power to impose training requirements: planning authorities". On the face of the current instrument, that means the Scottish Government is opening the legal route to set training rules through secondary legislation, rather than bringing the substantive duty into operation straight away. The explanatory note makes that sequencing clear. From 2 November 2026, section 45 is in force only for rule-making purposes. The detailed requirements that could affect councils, committee members or other planning decision-makers are not contained in this commencement instrument.
That distinction matters because commencement regulations and policy regulations do different jobs. A commencement instrument tells the legal system when a provision starts to operate. Secondary legislation made afterwards is normally where ministers set out the operative detail, including scope, timing, procedure and any conditions attached to compliance. For policy professionals and local government officers, the current change is therefore best read as a preparatory step. It signals that the statutory power is now available for use, but it does not yet settle who must undertake training, what the training must cover or what consequences may follow if it is not completed.
For planning authorities, the immediate effect is limited. Councils do not acquire a new set of training obligations on 2 November 2026 simply because this instrument takes effect. There is no schedule of courses, no minimum standard and no enforcement mechanism in SSI 2026/280 itself. Even so, authorities will have a clear reason to monitor the next stage closely. Once section 45 is available for this purpose, Scottish Ministers can draft the secondary legislation that will determine how any training framework is structured and how it interacts with local governance arrangements.
The broader legislative context is also worth noting. The Planning (Scotland) Act 2019 received Royal Assent on 25 July 2019, but like many framework statutes it has been commenced in stages. The explanatory note to this instrument records that sections 58 to 61, 63 and 64 came into force on the following day, with other provisions being brought forward over time. This 2026 instrument is the fifteenth commencement measure made under the Act. That phased approach is common where ministers need to sequence reform, prepare guidance or make supporting regulations before the main policy takes effect in full.
The Regulations were made under section 63(2) of the 2019 Act and signed on behalf of the Scottish Ministers at St Andrew’s House, Edinburgh. On their own, they are technical. In policy terms, however, they mark the point at which section 45 becomes usable as a live statutory basis for further rule-making. The practical reading is straightforward. From 2 November 2026, the Scottish Government can start making regulations on training requirements for planning authorities under section 45. Until those further regulations appear, the legal change is real but preparatory, and the operational detail remains to be set out in secondary legislation.