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Town and Country Planning Act 1932

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FIRST SCHEDULE

Part IProvisions as to the laying of Schemes before Parliament

1Where a scheme is approved or made by the Minister he shall cause it to be laid forthwith before both Houses of Parliament.

2(1)A scheme which contains a provision suspending the operation of a statutory enactment, other than an enactment which is an excepted enactment for the purposes of this paragraph, shall not be capable of coming into operation until a resolution approving the suspensory provision has been passed by each House of Parliament.

(2)For the purposes of this paragraph the following are excepted enactments :—

(a)section one hundred and twelve of the Public Health Act, 1875, as extended by section fifty-one of the Public Health Acts (Amendment) Act, 1907;

(b)the Public Health (Buildings in Streets) Act, 1888 ;

(c)sections thirty to thirty-four of the Public Health Act, 1925;

(d)section five of the Roads Improvement Act, 1925;

(e)any enactment making such provision as might, by virtue of any Act of Parliament, have been made in relation to the area to which the scheme applies by means of a byelaw, order, or regulation not requiring confirmation by Parliament;

(f)any enactment which has been previously suspended by some other scheme which came or was capable of coming into operation, and any enactment having substantially the same effect as any such enactment.

3Subject as aforesaid a scheme approved or made as aforesaid shall be capable of coming into operation in accordance with the provisions of Part II of this Schedule unless—

(1)either House of Parliament within a period of twenty-one days on which that House has sat after the scheme has been laid before it resolves that the scheme or some provision thereof ought not to come into operation; or

(2)on a motion that a provision in the scheme be approved or that the scheme or some provision thereof ought not to come into operation an undertaking is given by, or on behalf of, the Minister to modify the scheme.

4If in the case of any scheme—

(1)a resolution to approve a suspensory provision contained in the scheme is not agreed to by either House of Parliament; or

(2)it has been resolved by either House of Parliament that the scheme or some provision contained therein ought not to come into operation; or

(3)there has in relation to the scheme been given any such undertaking as is mentioned in paragraph three of this Part of this Schedule,

the following provisions shall have effect:—.

(a)if the scheme is a scheme which was prepared or adopted by a local authority or joint committee, it may be modified by the Minister in like manner, and the like further proceedings may be taken thereon, as if the Minister had not approved it;

(b)if the scheme is a scheme which was made by the Minister, a new scheme may be made by him in like manner, and the like proceedings may be taken thereon as if the first mentioned scheme had not been made.

Part IIProvisions as to the Validity and Date of Operation of Schemes

1So soon as may be after a scheme has, regard being had to the provisions of Part I of this Schedule, become capable of coming into operation, the local authority or joint committee by whom the scheme was prepared or adopted, or is deemed to have been prepared or adopted, shall publish in a local newspaper a notice in the prescribed form stating that the scheme has been laid before both Houses of Parliament and is capable of coming into operation and naming a place where a copy of the scheme and of any map therein referred to may be seen at all reasonable hours, and shall serve a like notice on every person to whom this Act or the regulations made by the Minister thereunder require notice to be given.

2If any person aggrieved by a scheme desires to question the validity thereof, or of any provision contained therein, on the ground that it is not within the powers of this Act, or that any requirement of this Act, or of any order or regulation made thereunder, has not been complied with in relation to the scheme, he may, at any time within six weeks after the date on which the notice required by the provisions of paragraph one of this Part of this Schedule is published, make an application for the purpose to the High Court.

3The High Court, on an application made under this Part of this Schedule—

(a)may by interim order suspend the operation of the scheme, or of any provision contained therein, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings ; and

(b)if satisfied that the scheme, or any provision contained therein, is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by any requirement of this Act, or of any order or regulation made thereunder, not having been complied with, may quash the scheme or any provision contained therein, either generally or in so far as it affects any property of the applicant.

4Subject to the provisions of paragraphs two and three of this Part of this Schedule, the validity of a scheme shall not, either before or after it has been approved or made, be called in question in any legal proceedings whatsoever, and shall become operative at the expiration of six weeks from the date on which the notice required by the provisions of paragraph one of this Part of this Schedule is published.

5Except by leave of the Court of Appeal no appeal shall lie to the House of Lords from a decision of the Court of Appeal under this Part of this Schedule.

6The validity of a provision in a scheme which has been approved by resolution passed by each House of Parliament shall not be called in question on any ground under the provisions of this Part of this Schedule or in any legal proceedings whatsoever, nor shall any such provision be suspended or quashed under the provisions of this Part of this Schedule.

Part IIIProvisions as to the Validity and Date op Operation of Compulsory Purchase Orders

1So soon as may be after a compulsory purchase order has been confirmed by the Minister the authority by whom the order was made shall publish in a local newspaper a notice in the prescribed form stating that the order has been so confirmed and naming a place where a copy of the order and of any map therein referred to may be seen at all reasonable hours and shall serve a like notice on every person who, having given notice of his objection to the order, appeared at the local inquiry in support of his objection.

2If any person aggrieved by a compulsory purchase order desires to question the validity thereof, or of any provision contained therein, on the ground that it is not within the powers of this Act or that any requirement of this Act or of any order or regulation made thereunder has not been complied with in relation to the order, he may within six weeks after the date on which notice of its confirmation is published in accordance with the provisions of the preceding paragraph make an application for the purpose to the High Court, and upon any such application the Court—

(a)may by interim order suspend the operation of the order or of any provision contained therein, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings ; and

(b)if satisfied that the order or any provision contained therein is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act or of any order or regulation made thereunder not having been complied with, may quash the order or any provision contained therein, either generally or in so far as it affects any property of the applicant.

3Subject to the provisions of the last preceding paragraph, a compulsory purchase order shall not, either before or after it has been confirmed, be questioned in any legal proceedings whatsoever, and shall become operative at the expiration of six weeks from the date on which notice of its confirmation is published in accordance with the provisions of paragraph one of this Part of this Schedule.

4Except by leave of the Court of Appeal, no appeal shall He to the House of Lords from a decision of the Court of Appeal under this Part of this Schedule.

5This Part of this Schedule does not apply to an order which is provisional only until confirmed by Parliament.

SECOND SCHEDULEMatters to be dealt with by Schemes

1Streets, roads and other ways, and stopping up or diversion of existing highways including churchways.

2Buildings, structures, and erections.

3Open spaces, private and public.

4The reservation of sites for places of religious worship or for houses for the residence of officiating ministers or burial places in connection therewith.

5The reservation of land as sites for aerodromes.

6The prohibition, regulation, and control of the deposit or disposal of waste materials and refuse.

7Sewerage, drainage, and sewage disposal.

8Lighting.

9Water supply.

10Ancillary or consequential works.

11Extinction or variation of private rights of way and other easements.

12Dealing with or disposal of land acquired by the responsible authority or by a local authority.

13Power of entry and inspection.

14Power of the responsible authority to remove, alter or demolish any obstructive work.

15Power of the responsible authority to make agreements with owners, and of owners to make agreements with one another.

16Power of the responsible authority or a local authority to accept any property whether real or personal for the furtherance of the objects of any scheme, and provision for regulating the administration of any such money or property and for the exemption of any assurance with respect to money or property so accepted from enrolment under the Mortmain and Charitable Uses Act, 1888.

17Application with the necessary modifications and adaptations of statutory enactments.

18Carrying out and supplementing the provisions of this Act for enforcing schemes, and for that purpose imposing pecuniary penalties for breach of or failure to comply with schemes and making provision for the recovery thereof in a court of summary jurisdiction.

19Limitation of time for operation of scheme.

20Co-operation of the responsible authority with the owners of land included in the scheme or other persons interested.

21Charging on any land the value of which is increased by the operation of a scheme the sum required to be paid in respect of that increase, and for that purpose applying, with the necessary adaptations the provisions of any enactments dealing with charges for improvements of land.

THIRD SCHEDULE

Part IProvisions as to the Compulsory Acquisition of Land

1A compulsory purchase order shall be in the prescribed form and shall describe by reference to a map the land to which it applies, and shall incorporate, subject to the modifications hereinafter mentioned and any necessary adaptations—

(a)the Lands Clauses Acts (except sections ninety-two and one hundred and twenty-seven to one hundred and thirty-two of the Lands Clauses Consolidation Act, 1845);

(b)the Acquisition of Land (Assessment of Compensation) Act, 1919; and

(c)sections seventy-seven to eighty-five of the Railways Clauses Consolidation Act, 1845.

2A compulsory purchase order in respect of land forming the site of a highway which has been stopped up under a provision contained in a scheme shall not be submitted to the Minister after the expiration of twelve months from the date on which the highway was stopped up.

3The modifications, subject to which the Lands Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act, 1919, shall be incorporated in the order are as follows :—

(i)The arbitrator shah not take into account any building erected or any improvement or alteration made or any interest in land created after the date on which notice of the order having been made is published in accordance with the provisions of this Schedule if, in the opinion of the arbitrator, the erection of the building or the making of the improvement or alteration or the creation of the interest in respect of which a claim is made was not reasonably necessary and was carried out with a view to obtaining compensation or increased compensation;

(ii)No person shall be required to sell a part only of any house, building or manufactory, or of any land which forms part of a park or garden Belonging to a house, if he is willing and able to sell the whole of the house, building, manufactory, park or garden unless the arbitrator determines that in the case of a house, building or manufactory such part as is proposed to be taken can be taken without material detriment to the house, building or manufactory, or, in the case of a park or garden, that such part as aforesaid can be taken without seriously affecting the amenity or convenience of the house, and, if he so determines, he shall award compensation in respect of any loss due to the severance of the part so proposed to be taken, in addition to the value of that part, and thereupon the party interested shall be required to sell to the responsible authority that part of the house, building, manufactory, park or garden;

(iii)Where the land to which the order relates is land forming the site of a highway which has been stopped up under a provision contained in a scheme, any compensation payable shall be assessed on the basis that the land could not lawfully be used in any manner which, if the highway had not been stopped up, would have interfered with the right of the public to use that highway; and

(iv)Where any land to which an order relates is glebe land or other land belonging to an ecclesiastical benefice, the order shall provide that sums agreed upon or awarded for the purchase of the land, or to be paid by way of compensation for damage to be sustained by reason of severance or injury affecting the land, shall not be paid as directed by the Lands Clauses Acts, but shall be paid to the Ecclesiastical Commissioners, to be applied by them as money paid to them upon a sale, under the provisions of the Ecclesiastical Leasing Acts, of land belonging to a benefice.

4Before submitting the order to the Minister the responsible authority shall—

(a)publish in a local newspaper a notice in the prescribed form stating the fact of such an order having been made and describing the area comprised therein and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours; and

(b)serve on every owner, lessee and occupier (except tenants for a month or a less period than a month) of any land to which the order relates, a notice in the prescribed form stating the effect of the order and that it is about to be submitted to the Minister for confirmation, and specifying the time within and the manner in which objections thereto may be made.

5If no objection is duly made by any of the persons upon whom notices are required to be served, or if all objections so made are withdrawn, the Minister may, if he thinks fit, confirm the order with or without modification, but in any other case he shall, before confirming the order, cause a local inquiry to be held, and shall consider any objection not withdrawn and the report of the person who held the inquiry, and may then confirm the order either with or without modification :

Provided that—

(i)the Minister may require any person who has made an objection to state in writing the grounds thereof, and may confirm the order without causing a local inquiry to be held if he is satisfied that every objection duly made relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation is to be assessed;

(ii)the order as confirmed by the Minister shall not, unless all persons interested consent, authorise the responsible authority to purchase compulsorily any land which the order would not have authorised them so to purchase if it had been confirmed without modification.

6For the purposes of this Schedule a notice may be served—

(i)by registered post or by delivery to or at the residence of the person to whom it is addressed; or

(ii)if the responsible authority are unable after reasonable enquiry to ascertain the name and address of the person upon whom' it should be served, by addressing it to him—

(a)by name, if his name is known; or

(b)if his name is not known, by the description of " owner" or " occupier " of the premises (naming them) to which it relates, and by delivering it to some person on the premises, or, if there is no person on the premises to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises.

Part IIRestrictions on Acquisition of Land

1The Minister shall not confirm an order for the compulsory purchase of any land which is the site of an ancient monument or other object of. archaeological interest, unless he is satisfied that the monument or object is not being properly protected, preserved and maintained and that its acquisition by the responsible authority is necessary for securing its protection or preservation and maintenance.

2The Minister shall not confirm an order for the compulsory purchase of any land which belongs to any local authority within the meaning of the Local Loans Act, 1875, or to any statutory undertakers unless the land is required for the widening of an existing highway and the authority or undertakers consent :

Provided that such consent shall not be unreasonably withheld, and any question whether or not consent is unreasonably withheld shall be decided by the Minister, but the Minister, before giving his decision as to whether or not the consent of any undertakers is unreasonably withheld, shall, where any Government department other than the Ministry of Health are concerned with the functions of the undertakers, consult with the Secretary of State or other Minister in charge of that department, and shall, if the undertakers so desire, afford them an opportunity of appearing before and being heard by one or more persons appointed for the purpose by the Minister and the Secretary of State or other Minister acting jointly.

3The Minister shall not confirm an order for the compulsory purchase of any land forming the site of a highway which has been stopped up under a provision contained in a scheme if any person who, under section one hundred and twenty-eight of the Lands Clauses Consolidation Act, 1845, is, or would upon a disposition thereof be, entitled to a right of pre-emption in respect of the land, has given notice of his desire to purchase the land, or if a right of pre-emption under the said section has been exercised in respect of the land.

4(1)Where a scheme or an order made in connection with a scheme authorises the acquisition or appropriation of any land forming part of any common, open space, or allotment, the scheme or order, so far as it relates to the acquisition or appropriation of such land, shall be provisional only, and shall not have effect unless and until it is confirmed by Parliament, except—

(a)where the scheme provides for giving in exchange for such land other land, not being less in area, certified by the Minister, after consultation with the Minister of Agriculture and Fisheries, to be equally advantageous to the persons, if any, entitled to rights of common or other rights and to the public; or

(b)where such land is required for the widening of an existing highway and the Minister, after consultation with the Minister of Agriculture and Fisheries, declares that the giving in exchange of other land is unnecessary either in the interests of the persons, if any, entitled to rights of common or other rights, or of the public.

(ii)Before giving any such certificate, or making any such declaration, the Minister shall give public notice of the proposed exchange, or of his intention to make the declaration, and shall afford opportunity to all persons interested to make representations and objections in relation thereto, and shall, if necessary, cause a local inquiry to be held on the subject.

(iii)Where any scheme authorises such an exchange as aforesaid, it shall provide for vesting the land given in exchange in the persons in whom the common, open space or allotment was vested, subject to the same rights, trusts, and incidents as attached to the common, open space or allotment, and for discharging the part of the common, open space or allotment acquired or appropriated from all rights, trusts, and incidents to which it was previously subject.

(iv)For the purposes of this Part of this Schedule the expression " common " includes any land subject to be enclosed under the Inclosure Acts, 1845 to 1882, and any town or village green; the expression " open space" means any land laid out as a public garden, or used for the purposes of public recreation, and any disused burial ground; and the expression " allotment " means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act; and for the purposes of paragraph 2 of this Part of this Schedule the expression " highway " shall not include a bridge by which a highway is carried over or under any railway, canal or navigable waterway, or the approaches to any such bridge, or the road carried by any such bridge and approaches.

FOURTH SCHEDULE

Part IMatters in Relation to which Regulations shall be made and effect to be secured thereby

1As to resolutions to prepare or adopt a scheme :—

(i)that the area of the proposed scheme is defined by reference to a map showing by means of boundary lines the area of the land to which the resolution applies and indicating the land in the area which is already built upon;

(ii)that notice by advertisement is given of the passing of the resolution and of facilities for inspection of the map, and for making suggestions for the inclusion or exclusion of land in or from the area of the proposed scheme;

(iii)that suggestions made within the time specified in the notice are taken into consideration by the local authority or joint committee, and if not accepted by them or withdrawn are taken into consideration by the Minister.

2As to preliminary statements of proposals for development in cases where such a statement is submitted :—

(i)that a draft statement is formulated to include such particulars of the proposed development as may be prescribed and is illustrated by a map which shall indicate, so far as is practicable, the proposals for development;

(ii)that notice by advertisement is given of facilities for inspection of the draft and map and for making objections to the draft;

(iii)that objections made within the time specified in the notice are taken into consideration by the local authority or joint committee and, if not met or withdrawn, are taken into consideration by the Minister;

(iv)that the statement is not submitted to the Minister before the expiration of three months from the date when the service of notices of the taking effect of the resolution to prepare the scheme has been completed, and that the time within which the statement may be submitted is limited to a period not exceeding eighteen months from the date when the resolution took effect, with power for the Minister to extend that period where he is satisfied that there are special circumstances warranting an extension of the period;

(v)that the Minister may hold a local inquiry as to objections;

(vi)that notice by advertisement is given of the approval by the Minister of the statement.

3As to the preparation or adoption of schemes :—

(i)that a draft scheme is formulated and is illustrated by a map showing so far as practicable particulars and details of the scheme and in particular proposed new roads or widening of existing roads;

(ii)that notice by advertisement is given of facilities for inspection of the draft and map and for making representations and objections as to the draft;

(iii)that representations and objections made within the period specified in the notice are taken into consideration by the local authority or joint committee.

4As to the submission of schemes to the Minister and consideration and approval thereof by him :—

(i)that the time within which the scheme is to be submitted is limited to a period not exceeding, where a preliminary statement has been approved by the Minister, eighteen months from the date of approval and not exceeding, in any other case, three years from the date when the resolution to prepare or adopt a scheme took effect, with power for the Minister to extend these periods, respectively, where he is satisfied that there are special circumstances warranting an extension of period;

(ii)that notice by advertisement is given of the submission of the scheme and of facilities for inspection of the scheme and map and for making objections to the scheme;

(iii)that objections to the scheme made within the time specified in the notice are taken into consideration by the Minister;

(iv)that a local inquiry as to the scheme is held by the Minister where any objections taken into consideration by him are not met or withdrawn;

(v)that if the Minister proposes to modify the scheme a copy of the scheme as proposed to be modified is furnished to the local authority or joint committee and notice by advertisement is given by the local authority or joint committee of the intention of the Minister to approve the scheme with modifications and of facilities for inspection of the scheme and map and for making objections to the scheme as intended to be approved;

(vi)that objections to any proposed modifications of the scheme made within the time specified in the notice are taken into consideration by the Minister.

5As to procedure generally in relation to the matters aforesaid :—

(i)that co-operation with persons interested in land proposed to be included in a scheme or order is secured;

(ii)that full information as to any proposal to prepare or adopt a scheme or order is given to the council of the county in which any land proposed to be included in the scheme or order is situate and to any other council concerned;

(iii)that where a resolution to prepare a scheme has taken effect the council of the county in which any land to which the resolution applies is situate are consulted with respect to the preparation of the scheme, unless the scheme is to be prepared by a joint committee of whom the county council are a constituent authority;

(iv)that where under the foregoing provisions of this Schedule provision is required to be made by regulation for notice of facilities for inspection of any document, provision is made for access to be had thereto at all reasonable hours and without payment of a fee, and for the inclusion in the notice of particulars of the time and place at which such access may be had;

(v)that where provision is required to be made as aforesaid for notice by advertisement of any document, the advertisement is published at least once during each of two successive weeks with an interval between each publication of at least six clear days in a newspaper circulating in the area to which the document relates;

(vi)that where provision is required to be made as aforesaid for notice by advertisement of facilities for making suggestions, representations, or objections as to any matter, the time for the making thereof is not limited, in the case of suggestions as to the inclusion or exclusion of land in or from a scheme, to less than fourteen days from the date of the second publication of the advertisement or, in any other case, to less than twenty-one days from that date.

Part II

As to the preparation, adoption, submission, and approval of schemes varying or revoking a previous scheme, of supplementary schemes, and supplementary orders, and of general development orders—

The provisions of paragraph 3, of sub-paragraphs (ii), (iii), (iv), (v), and (vi) of paragraph 4, and of paragraph 5 of Part I. of this Schedule shall apply in relation to the matters stated in the heading of this paragraph, provided that the regulations may reserve power to the Minister to dispense with or modify all or any of the provisions aforesaid subject to such conditions, if any, as he may impose, in any case in which, having regard to the nature of the matters dealt with in the scheme or order, he is satisfied that there is reasonable cause for the dispensation or modification, and that no person will be prejudiced thereby.

FIFTH SCHEDULEEnactments Repealed

Session and Chapter.Short Title.Extent of Repeal.
15 & 16 Geo. 5. c. 16.The Town Planning Act, 1925.The whole Act.
17 & 18 Geo. 5. c. 23.The Crown Lands Act, 1927.Section twelve.
19 & 20 Geo. 5. c. 17.The Local Government Act, 1929.Sections forty to forty-five.

SIXTH SCHEDULEAdaptations and Modifications of this Act in its Application to Scotland

1In the title, after the word " land," wherever it occurs, the words " in Scotland " shall be inserted.

2Throughout this Act for the expressions set out in the first column of the following table there shall be substituted the expressions set out in the second column of that table :—

" Minister "" Department."
" Minister of Agriculture and Fisheries."" Department of Agriculture for Scotland."
" Town Planning Act, 1925 "" Town Planning (Scotland) Act, 1925."
" Housing Act, 1925 "" Housing (Scotland) Act, 1925."
"Allotments Act, 1922"" Allotments (Scotland) Act, 1922."
" Public Health Act, 1875 ""public Health (Scotland) Act, 1897."
" Public Health Acts, 1875 to 1926"
" Local Loans Act, 1875 "" Local Authorities' Loans (Scotland) Acts, 1891 and 1893."
" Local Government Act, 1929" Local Government (Scotland) Act, 1929."
" High Court"" Court of Session."
" Court of Appeal"
"A court of summary jurisdiction''" The sheriff."
" The court of summary jurisdiction"
" London Gazette "" Edinburgh Gazette."
" Arbitrator "" Arbiter."
" Defendant "" Defender."

3There shall be omitted the words

or county councilsin subsection (1) of section three, and in subsection (1) of section four; the words " or county council " in subsection (1) of section fourteen; the words " or a county council" in subsection (2) of section eleven, in subsection (2) of section twenty-three, in subsection (2) of section thirty-four, and in subsection (1) of section forty-eight; the words " a county council " where they first occur in subsection (2) of section thirty-four; and the word " council " in subsection (1) of section twenty-two.

4The sections and schedules specified in the first column of the following table shall be adapted and modified in manner specified in the second column of that table :—

Section.Adaptations and Modifications.
S. 2

For the section the following section shall be substituted :—

" 2.—

(1) Subject to the provisions of this section the local authority for the purposes of this Act shall be, in the case of a large burgh, the town council thereof, and in the case of a county (including any small burghs therein) the county council, or, if the county is in combination with another county for the purposes mentioned in subsection (7) of section ten of the Local Government (Scotland) Act, 1929, the joint county council of the combined county; and the district of the local authority shall be the burgh or the county or the combined county, as the case may be.

" (2) Where upon consideration of a representation by the town council of a small burgh the Department, after consultation with the county council, are of opinion that it is expedient that the town council should have power to prepare a scheme with respect to any land within the burgh the Department may, by order, transfer to the town council any of the powers and duties of the county council under this Act with respect to such land, and, where any power or duty has been so transferred, any reference in this Act to a local authority (other than in section forty-nine) shall, in relation to that power or duty, be construed as a reference to the town council.

" (3) The Department may at any time revoke, vary, or amend any order made by them under this section.

" (4) Any order made under this section may contain such incidental supplementary and consequential provisions as appear necessary for the purpose of the order."

S. 3Subsection (7) shall be omitted.
S. 5

In subsection (1) there shall be omitted, paragraph (a), the words

or (b),the words " in the case of a local authority " and the words " council or " wherever

they occur; in subsection (2) the words " county council or " shall be omitted and for the words

subsections (2) to (7)

there shall be substituted the words

subsections (2) to (6).

S. 7

In subsection (1) for the words from " serve in the prescribed manner" to the end of the subsection there shall be substituted the words

serve in theprescribed manner a like notice on the owner " (according to the valuation roll) of every land " and heritage to which the resolution applies.

" In this subsection the expression ' the valuation " roll' means the valuation roll for the year " current at the time when the notice is given, or, " if the notice is given after the fifteenth day of " May and before the first day of October in " any year, the valuation roll for the preceding " year"; in subsection (2) for paragraph (c) there shall be substituted the following paragraph:—

" (c) in the case of a notice to be served on an owner, a direction that the recipient of the notice will, if he is not at the time the owner of the property, transmit it to the owner " ;

and subsection (3) shall be omitted.

S. 11

At the end of subsection (2) there shall be added the words

or (c) in the case of a scheme whichapplies to land within a small burgh, specify " the town council of the burgh as the responsible " authority for all or certain purposes of the " scheme as respects such land or part thereof."

S. 12

In paragraph (d) of subsection (1) for the word " tenements " there shall be substituted the word

tenancies.

S. 13

In subsection (4) for the words " by written notice served on the clerk of the court and the authority " there shall be substituted the words

by giving notice of appeal,

and the words " for the petty sessional division or place within which the property " to which the notice relates is situated " shall be omitted; and in subsection (5) for the words

court by whom an order is made under this

subsection may, if they think fit, direct that the " order" there shall be substituted the words

sheriff may, if he thinks fit, direct that an ordermade by him under this subsection."

At the end of subsection (5) there shall be added the words

The sheriff shall make such order in regardto the expenses of an appeal under subsection (4) " of this section as he may think proper."

S. 17

In subsection (1) for the words " the council of any " county borough or county district " there shall be substituted the words

the local authority of any

district," the words "or, as respects a building in " such a county district, the council of the county " comprising that district " shall be omitted, and for the words

of that council

there shall be substituted the words

of the local authority;

and in subsections (3) and (5) for the word " council " wherever it occurs there shall be substituted the words

local authority.

S. 18

For the word " council " there shall be substituted the words

local authority.

S. 21

In subsection (5) for the words " real or personal" there shall be substituted the words

heritable or

moveable "; in the proviso to subsection (8) for the words " where a disposition is by way of lease " or tenancy agreement " there shall be substituted the words

a claim made on the granting

of a lease or tack which is " and the words "the claim" shall be omitted; and for subsection (11) there shall be substituted the following subsection:—

(11) In this section theexpression ' disposition ' means a disposition by " way of feu or sale (including a sale in consideration of a ground annual or other similar " periodical payment) or the grant of a lease or " tack for a period of not less than three years, " and references to the person who gives a notice " under subsection (1) of this section shall, where " the property to which the notice relates has, " since the notice was given, been the subject of " transmission otherwise than by disposition, be " construed as references to the person to whom " the property was last so transmitted before the " date on which a disposition takes effect or a " change of use takes place."

S. 25

In subsection (1) for the words " for the purposes of those Acts " there shall be substituted the words

having power to acquire land for the purposes of

that Act" and for the words " repairable by the inhabitants at large" there shall be substituted the words

maintainable at the public expense.

S. 26

For the words " the common council of the city of " London or the council of any county, county " borough or county district," there shall be substituted the words

the town council of any burgh or any county council.

S. 27

In subsection (1) for the words " declaring the street " to be a highway repairable by the inhabitants at " large " there shall be substituted the words

taking over the road or street as a highwaymaintainable at the public expense"; and in subsection (2) the words " and providing proper means of lighting therefor " shall be omitted.

S. 29The section shall be omitted.
S. 30

For the section there shall be substituted the following section:—

" 30. It shall be lawful for the town council of any burgh or any county council to contribute towards the expenses incurred by any authority in or in connection with matters preliminary to the preparation of a scheme or in or in connection with the preparation or carrying into execution of a scheme whether made under this Act or any Act repealed by this Act."

S. 32

For the words from " in such manner " to the end of the section there shall be substituted the words

either in the repayment of debt or for any otherpurpose for which capital money may be properly " applied."

S. 34

In subsection (1) for the words from " and shall have power " to the end of the subsection there shall be substituted the words

and if the agreement shallhave been recorded in the appropriate register " of sasines, it shall be enforceable at the instance " of the authority against persons deriving title " to the land from the person with whom it was " entered into :

" Provided that no such agreement shall at any " time be enforceable against a third party who " shall have in bona fide onerously acquired right " (whether completed by infeftment or not) to " the land prior to the agreement being recorded " as aforesaid or against any person deriving title " from such third party."

S. 35

In subsection (7) for the words " includes a county council" there shall be substituted the words

means the town council of any burgh or anycounty council."

S. 36

In subsection (2) the words from " or in the case of ' to the end of the subsection shall be omitted, and in subsection (4) for the words from

the Minister may by order

to the end of the subsection there shall be substituted the words

theDepartment may, if they think fit, themselves " act in the place and at the expense of the authority or may, with the approval of the Lord " Advocate, apply by summary petition to either " division of the Court of Session or during vacation " or recess to the Lord Ordinary on the Bills for " an order on the authority to do all things neces-" sary for remedying their default and for carrying " into execution the scheme: and such division " or Lord Ordinary are hereby authorised and " directed to do in such petition and to dispose " of the expenses of the proceedings as to the said " division or Lord Ordinary shall appear to be " just."

Subsection (8) shall be omitted.

S. 38Subsection (3) shall be omitted.
S. 39

For the section there shall be substituted the following section:—

"Stated case to Court of Session,—39. Where under the provisions of a scheme an appeal is submitted to the Department, the Department may, on the application of any party to the appeal at any stage of the proceedings, and shall, if so directed by either division of the Court of Session, state a case on any question of law arising in the appeal for the opinion of either division of the Court of Session, and the procedure in the stated case shall be such as may be prescribed by Act of Sederunt: and the provisions of any scheme made before the commencement of this Act under which an appeal on any question of law shall he to the Court of Session against a decision of the Department shall cease to have effect."

S. 40

For subsection (4) there shall be substituted the following subsection:—

(4) A determination of theDepartment or of an arbiter under this section " shall be final."

S. 41

In the proviso to subsection (1) for the words from " any Government department " to the end of the subsection there shall be substituted the words

any other Government department are concernedwith the functions of the undertakers, consult " with that department and shall, if the under" takers whose consent is sought so desire, afford " them an opportunity of appearing before and " being heard by one or more persons appointed " for the purpose by the Department and the " other Government department concerned acting " jointly."

S. 47

In subsection (2) for the words " by written notice served on the clerk of the court and the authority " there shall be substituted the words

by giving notice of appeal,

and the words " for the petty " sessional division or place comprising the land " on which the advertisement or hoarding is " displayed or set up " shall be omitted; and in subsections (3) and (4) for the word

court,

wherever it occurs, there shall be substituted the word

sheriff.

S. 48

In subsection (1) the words "or of relinquishing in " favour of the council of the county any of their " powers and duties under this Act" shall be omitted; and in subsection (2) the word

local

shall be substituted for the word

appointingwherever it occurs.

S. 49

For the section the following section shall be substituted :—

"49.—

(1) Any expenses incurred by a local authority under this Act shall be defrayed as if they were expenses incurred by the authority under the Public Health (Scotland) Act, 1897 :

Provided that, where expenses incurred by the town council of a small burgh under this Act are included in the sum for which a rate is levied by the council, the amount of the contribution payable by the town council on account of the expenditure of the county council under this Act shall be only such sum, if any, as will together with the amount of the aforesaid expenses of the town council amount to the

sum which the town council would have been required to contribute if such expenses of the town council had been included in the expenditure of the county council under this Act.

(2) A local authority may borrow for the purposes of this Act in accordance with the provisions of section twenty-three of the Local Government (Scotland) Act, 1929."

S. 50

For the section the following section shall be substituted:—

" Expenses of town councils of small burghs and of county councils not being local authorities under this Act,—50. Any expenses incurred under this Act by the town council of a small burgh or by a county council who are not a local authority within the meaning of this Act, shall be defrayed out of such rate payable by owners and occupiers in equal shares as the council may determine and such council may borrow for any of the purposes of this Act."

S. 51

In subsection (1) the word " relinquishment " shall be omitted, and in subsection (2) the word

relinquishedand the word " relinquishment " wherever it occurs shall be omitted.

For subsection (3) the following subsection shall be substituted:—

" (3) The provisions of the Second Schedule to the Rating (Scotland) Act, 1926, and of paragraph (i) of subsection (1) of section seven of the Local Government (Scotland) Act, 1929, shall apply in relation to claims for compensation under this Act as they apply in relation to claims for compensation under those Acts subject to such modifications as the Secretary of State may by order provide for the purpose of adapting those provisions to cases arising under this Act."

S. 53

For the definition of " owner " there shall be substituted the following definition :—

"'Owner' includes any person who under the Lands Clauses Acts would be enabled to sell and convey land to the promoters of an undertaking."

After the definition of "development" there shall be inserted the following definitions :—

" ' Department' means the Department of Health for Scotland."

" ' Large burgh ' and ' small burgh ' have the respective meanings assigned to them in the Local Government (Scotland) Act, 1929." The definitions of " district " and " road " shall be omitted.

S. 54Paragraph (e) of the proviso to subsection (1) shall be omitted.
S. 55

For the section the following section shall be substituted—

" Department to have regard to powers of Dean of Guild Court,—55. In approving any scheme, or exercising or performing any other powers or duties under this Act, the Department shall have regard to the powers and jurisdiction of the dean of guild court in burghs."

S. 56The section shall be omitted.
S. 58

For the section there shall be substituted the following section:—

"Short title and commencement,—58. This Act may be cited as the Town and Country Planning (Scotland) Act, 1932, and, except as otherwise expressly provided, shall come into operation on the first day of April nineteen hundred and thirty-three."

Sch. I.

For sub-paragraphs (2)' (a), (b), and (d) of paragraph 2 of Part I. there shall be substituted respectively the following paragraphs :—

" (a) subsection (1) of section thirty-two of the Public Health (Scotland) Act, 1897;

(b) section one hundred and fifty-eight of the Burgh Police (Scotland) Act, 1892, as extended by subsection (2) (h) of section one hundred and four of the Burgh Police (Scotland) Act, 1903;

(d) section five of the Roads Improvement Act, 1925, as applied to Scotland by section twelve of that Act; " and sub-paragraph (2) (c) shall be omitted. In paragraph 2 of Part II., and in paragraph 2 of Part III., after the words

for the purpose,

there shall be inserted the words

by summary petition.

Sch. II.

In paragraph 1 for the word " churchways " there shall be substituted the words

kirk roads,

in paragraph 11 for the word " easements," there shall be substituted the word

servitudes

in paragraph 16 for the words " real or personal " theref shall bej substituted the words

heritable or moveable,

and the words from " and for the exemption" to the end of the paragraph shall be omitted, and in paragraph 18 for the words

recovery thereof in a court of summary jurisdiction

there shall be substituted the words

recovery thereof by summary proceedings before the sheriff.

Sch. III.

In paragraph 1 of Part I. for the words " sections ninety-two and one hundred and " twenty-seven to one hundred and thirty-two of " the Lands Clauses Consolidation Act, 1845" and the words " sections seventy-seven to eighty" five of the Railways Clauses Consolidation Act, " 1845 " there shall be substituted respectively the words

sections ninety and one hundred and

twenty to one hundred and twenty-five of the " Lands Clauses Consolidation (Scotland) Act, " 1845", and the words " sections seventy to " seventy-eight of the Railways Clauses Consolidation (Scotland) Act, 1845 " ; in paragraph 3 of the said Part I. the word " and" shall be inserted at the end of sub-paragraph (ii) and sub-paragraph (iv) (together with the word

andpreceding it) shall be omitted.

In the proviso to paragraph 2 of Part II. for the words " any Government department," to the end of the paragraph, there shall be substituted the words

any other Government departmentare concerned with the functions of the under" takers, consult with that department and shall, " if the undertakers so desire, afford them an " opportunity of appearing before and being " heard by one or more persons appointed for the " purpose by the Department and the other " Government department concerned acting " jointly."

In paragraph 3 of Part II. for the words " section one hundred and twenty-eight of the " Lands Clauses Consolidation Act, 1845," there shall be substituted the words

section one hundred and twenty-one of the Lands ClausesConsolidation (Scotland) Act, 1845."

For sub-paragraph (iv) of paragraph 4 of Part II there shall be substituted the following sub-paragraph :—

(iv) For the purposes of this Part ofthis Schedule the expression ' common' includes " any town or village green; and the expression " ' open space' means any land laid out as a public " garden or used for the purposes of public recreation and any disused burial ground ; and for " the purposes of paragraph 2 of this Part of this " Schedule the expression ' highway' shall not " include a bridge by which a highway is carried over " or under any railway, canal or navigable water, " or the approaches to any such bridge, or the road " carried by any such bridge and approaches."

Sch. IV.

For sub-paragraphs (ii) and (iii) of paragraph 5 there shall be substituted the following sub-paragraphs:—" (ii) that full information as to any proposal to prepare or adopt a scheme or order is given to the local authority of any district and to the town council of any small burgh in which land proposed to be included in the scheme or order is situate, or which such land immediately adjoins;

(iii) that where a resolution to prepare a scheme for land which is wholly or partly within a small burgh has taken effect, the town council, unless the resolution was passed by that council, are consulted with respect to the preparation of the scheme."

Sch. V.

For the Schedule there shall be substituted the following Schedule:—

FIFTH SCHEDULE

Enactments Repealed

Session and Chapter.Short Title.Extent of Repeal.
15 & 16 Geo. 6. o. 17.The Town Planning (Scotland) Act, 1925.The whole Act.
17 & 18 Geo. 5. c. 23.The Crown Lands Act, 1927Section twelve.

5.Where any pronoun or verb is used in relation to an expression in the singular or the plural for which an expression in the plural or the singular, as the case may be, is directed by the foregoing provisions of this Schedule to be substituted, the plural of the pronoun or verb shall be substituted for the singular or the singular for the plural, as the case may be.

6.Where any section, or any subsection or paragraph of a section or Schedule, is by this Schedule or by section fifty-seven of this Act directed to be omitted, any subsequent sections or any subsequent subsections or paragraphs in the section or Schedule shall be renumbered to run consecutively, and references in this Act to any section, subsection or paragraph so renumbered shall be amended accordingly."

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