Search Legislation

Town and Country Planning (Scotland) Act 1972

Status:

This is the original version (as it was originally enacted).

Schedules

Schedule 1Combination of Authorities

Part I

Voluntary Combination

1An agreement entered into under section 1(2) of this Act shall provide for the appointment of a joint planning committee, which shall consist of representatives of the local planning authorities concerned, and for the delegation to the joint planning committee of all or some of the functions (other than the power to borrow money or to levy a rate) relating to the purposes for which the combination has effect, and the agreement may make provision for the transfer of property and liabilities, the adjustment of liabilities between the authorities, the transfer and compensation of officers, the settlement of differences and for such other matters as appear to be necessary or expedient for the purpose of carrying the combination into effect.

2The expenses of the joint planning committee shall be defrayed by the constituent authorities in the proportions specified or provided for in the agreement, and the proportion of expenses falling to be defrayed by a local planning authority shall be defrayed by (hat authority in like manner as if the expenses had been incurred by that authority for the purposes for which the combination has effect.

3The Secretary of State may, on the application of the local planning authorities concerned, make an order for the purpose of giving effect to any of the foregoing provisions of this Part of this Schedule.

4The Secretary of State may by order constitute the joint planning committee a body corporate.

5The Secretary of State may, if it appears to him expedient so to do, make an order withdrawing the consent given by him to the combination under section 1(2) of this Act of any two or more local planning authorities and dissolving the combination; and any such order may contain provisions regulating the rights and liabilities of the authorities concerned and such other provisions (including provision for the transfer and compensation of officers), as appear to the Secretary of State to be necessary or proper in the circumstances:

Provided that the Secretary of State shall not make such an order except after holding a local inquiry unless all the authorities concerned have consented to the making of the order.

Part II

Combination by Order

1An order made under section 1(3) of this Act shall provide for the constitution of a joint planning committee consisting of such number of members as may be determined by the order to be appointed by me constituent authorities and for the delegation to the committee of such of the functions (other than the power to borrow money or to levy a rate) of the constituent authorities as may be specified in the order.

2An order made under the said section 1(3)—

(a)may provide for regulating the appointment, tenure of office and vacation of office, of members of the committee, for regulating the meetings and proceedings of the committee and for the payment of the expenses of the committee by the constituent authorities ;

(b)may provide that a committee constituted thereby shall be a body corporate;

(c)may provide for the transfer and compensation of officers, the transfer of property and liabilities and the adjustment of accounts and apportionment of liabilities ; and

(d)may contain such other provisions as appear to the Secretary of State to be necessary or expedient for enabling the committee to exercise their functions.

3The Secretary of State may, if it appears to him expedient so to do, make an order dissolving, or altering the constitution of, such a joint planning committee or varying the delegation to the committee ; and any such order may contain provisions regulating the rights and liabilities of the authorities concerned and such other provisions (including provisions for the transfer and compensation of officers) as appear to the Secretary of State to be necessary or proper in the circumstances.

Schedule 2Joint Advisory Committees and Sub-Committees

Part I

Joint Advisory Committees

1Any two or more local planning authorities may, with the approval of the Secretary of State, concur in establishing a joint advisory committee for the purpose of advising those authorities as to the preparation of structure plans and local plans and generally as to the planning of development in their districts; and any such committee shall be constituted in such manner as may be determined by the authorities by whom it is established:

Provided that a majority of the members of any such committee shall be members of one or other of those authorities.

2If it appears to the Secretary of State to be expedient that a joint advisory committee or any two or more local planning authorities should be established in accordance with the last foregoing paragraph, he may, after consultation with those authorities, by order establish such a committee, and any such order may—

(a)provide for the reference to the committee of such matters as may be specified in the order;

(b)make such incidental and consequential provisions (including provision for the payment of expenses of the committee and the transfer and compensation of officers), as appear to the Secretary of State to be expedient

3Any power conferred by this Part of this Schedule to establish and constitute a joint advisory committee shall include power to dissolve or alter the constitution of such committee and to vary the reference to the committee.

Part II

Sub-Committees

1Any committee established by a local planning authority for the discharge of their functions under this Act may, subject to any restrictions imposed by that authority, and shall if so required by that authority—

(a)establish such sub-committees as the committee (hereinafter referred to as "the planning committee") or the local planning authority may determine; and

(b)authorise any such sub-committee to exercise on their behalf any functions of the planning committee,

and any such sub-committee shall be constituted in such manner as may be determined (subject to any such restrictions as aforesaid) by the planning committee or by the local planning authority, but not less than two-thirds of the members of any such committee shall' be members of the local planning authority or of a local authority for any area forming part of the district of the local planning authority.

2The power conferred by the last foregoing paragraph to establish and constitute sub-committees or to authorise such sub-committees to exercise any functions shall include power to dissolve or alter the constitution of such sub-committees and to vary any such authorisation.

3The provisions of this Part of this Schedule shall, with any necessary modifications, apply in relation to a joint planning committee appointed in pursuance of a combination of local planning authorities under section 1 of this Act or a joint advisory committee as they apply in relation to a committee to which paragraph 1 of this Part of this Schedule relates.

Schedule 3Development Plans : Provisions in Force until Superseded by Part II of this Act

Surveys of planning districts and preparation of development plans

1(1)Any local planning authority who have not submitted to the Secretary of State a development plan for their district shall carry out a survey of their district and shall, within such period as the Secretary of State may in any particular case allow, submit to the the Secretary of State a report of the survey together with a development plan for their district.

(2)Subject to the following provisions of this Part of this Schedule in this Act " development plan " means a plan indicating the manner in which a local planning authority propose that land in their district should be used, whether by the carrying out thereon of development or otherwise, and the stages by which any such development should be carried out.

(3)Subject to the provisions of any regulations made under this Act for regulating the form and content of development plans, any such plan shall include such maps and such descriptive matter as may be necessary to illustrate the proposals in question with such degree of particularity as may be appropriate to different parts of the district; and any such plan may in particular define the sites of proposed roads, public and other buildings and works, airfields, parks, pleasure grounds, nature reserves and other open spaces, or allocate areas of land for use for agricultural, residential, industrial or other purposes of any class specified in the plan.

(4)For the purposes of this paragraph, a development plan may define as an area of comprehensive development any area which, in the opinion of the local planning authority, should be developed or redeveloped as a whole for any one or more of the following purposes, that is to say—

(a)for the purpose of dealing satisfactorily with extensive war damage or conditions of bad lay-out or obsolete development ; or

(b)for the purpose of providing for the relocation of population or industry or the replacement of open space in the course of the development or redevelopment of any other area ; or

(c)for any other purpose specified in the plan ;

and land may be included in any area so defined whether or not provision is made by the plan for the development or redevelopment of that particular land.

(5)At any time before a development plan with respect to the whole of the district of a local planning authority has been approved by the Secretary of State, that authority may. with the consent of the Secretary of State, and shall, if so required by directions of the Secretary of State, prepare and submit to him a development plan relating to part of that district; and the foregoing provisions of this paragraph shall apply in relation to any such plan as they apply in relation to a plan relating to the whole of the district of a local planning authority.

Approval of development plans

2The Secretary of State may approve any development plan submitted to him under paragraph 1 of this Schedule, either without modification or subject to such modifications as he considers expedient

Amendment of development plans

3(1)At least once in every five years after the date on which a development plan for any district was approved by the Secretary of State, the local plaiming authority shall carry out a fresh survey of that district and (subject to paragraph 1 of Schedule 5 to this Act) submit to the Secretary of State a report of the survey, together with proposals for any alterations or additions to the plan which appear to them to be required having regard thereto.

(2)Without prejudice to the provisions of sub-paragraph (1) of this paragraph, any local planning authority may (subject to paragraph 1 of Schedule 5 to this Act) at any time, and shall if so required by directions of the Secretary of State, submit to the Secretary of State proposals for such alterations or additions to the development plan for their district or any part thereof as appear to them to be expedient, or as may be required by those directions, as the case may be.

(3)Where proposals for alterations or additions to a development plan are submitted to the Secretary of State under this paragraph, the Secretary of State may amend that plan to such extent as he considers expedient having regard to those proposals and to any other material considerations.

(4)Where in accordance with the provisions of paragraph 1(5) of this Schedule a development plan has been prepared for part of the district of a local planning authority, and has been approved by the Secretary of State, then (without prejudice to the provisions of sub-paragraph (2) of this paragraph) the periods of five years mentioned in sub-paragraph (1) of this paragraph shall run from the date on which development plans in respect of the whole of the district have been approved by the Secretary of State.

Additional powers of Secretary of State with respect to development plans

4(1)Where, by virtue of any of the foregoing provisions of this Schedule or of any directions of the Secretary of State thereunder, any development plan, report or proposals for alterations or additions to a development plan are required to be submitted to the Secretary of State, then—

(a)if within the period allowed in that behalf under those provisions or directions no such plan, report or proposals, or no such plan or proposals satisfactory to the Secretary of State, have been so submitted ; or

(b)if at any time it appears to the Secretary of State that the local planning authority are not taking the steps necessary to enable them to submit such a plan, report or proposals within that period,

the Secretary of State may, after carrying out any survey which appears to him to be expedient for the purpose, make such development plan, or, as the case may be, amend the development plan to such extent, as he considers expedient.

(2)Where, under sub-paragraph (1) of this paragraph, the Secretary of State has power to make or amend a development plan, he may if he thinks fit, authorise the local planning authority for any neighbouring district, or any other local planning authority which appears to the Secretary of State to have an interest in the proper planning of the district concerned, to submit such a plan to him for his approval, or. as the case may be, to submit to him proposals for the amendment of the plan, and to carry out any survey of the land which appears to him to be expedient for the purpose.

(3)The Secretary of State may approve any plan submitted to him under sub-paragraph (2) of this paragraph, either without modification or subject to such modifications as he considers expedient, or, as the case may be, may amend any development plan, with respect to which proposals for amendment have been submitted to him under that sub-paragraph to such extent as he considers expedient having regard to those proposals and to any other material considerations.

(4)The foregoing provisions of this Schedule shall, so far as applicable, apply to the making, approval or amendment of development plans under this paragraph, and to plans so made, approved or amended, as they apply to the approval or amendment of development plans under those provisions, and to plans approved or amended thereunder.

(5)Where the Secretary of State incurs expenses under this paragraph in connection with the making or amendment of a plan with respect to the district, or any part of the district, of a local planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by that authority to the Secretary of State.

(6)Where, under this paragraph, a plan, or proposals for the amendment of a plan, are authorised to be submitted to the Secretary of State by the local planning authority for any district other than the district in which the land is situated, any expenses reasonably incurred in that behalf by that authority, as certified by the Secretary of State, shall be repaid to that authority by the local planning authority for the district in which the land is situated.

Incorporation in development plans of orders and schemes relating to roads and new towns

5(1)Where the Secretary of State—

(a)makes an order under Schedule 2 to the Trunk Roads Act 1946 directing that a road proposed to be constructed by him shall become a trunk road; or

(b)makes or confirms an order or scheme under the Special Roads Act 1949, any development plan approved or made under this Schedule which relates to land on which a road is to be constructed or altered in accordance with that order or scheme shall have effect as if the provisions of that order or scheme were included in the plan.

(2)Where an order is made by the Secretary of State under section 1 of the New Towns (Scotland) Act 1968 designating an area as the site of a new town under that Act, any development plan approved or made under this Schedule which relates to land in that area shall have effect as if the provisions of that order were included in the plan.

(3)Nothing in this paragraph shall be construed as prohibiting the inclusion in a development plan, as approved or made by the Secretary of State or as for the time being amended, of provisions—

(a)defining the line of a road proposed to be constructed or altered in accordance with any such order or scheme as is mentioned in sub-paragraph (1) of this paragraph ; or

(b)defining an area designated as the site of a new town by any such order as is mentioned in sub-paragraph (2) of this paragraph ; or

(c)defining land as likely to be made the subject of any such order or scheme as is mentioned in either of those sub-paragraphs.

(4)Provision may be made by regulations under this Act for enabling any proceedings preliminary to the making of any such order as is mentioned in sub-paragraph (1)(a) or (2) of this paragraph, to be taken concurrently with proceedings required under this Schedule to be taken in connection with the approval or making of a development plan relating to land to which any such order applies, or in connection with any amendment of a development plan rendered necessary or desirable in consequence of any such order.

Supplementary provisions as to development plans

6(1)A local planning authority, before preparing a development plan relating to any land comprised in a small burgh in their district, or proposals for alterations or additions to any such plan, shall consult with the town council of that burgh, and shall, before submitting any such plan or proposals to the Secretary of State, give to that council an opportunity to make representations with respect thereto and shall consider any representations so made.

(2)Provision may be made by regulations under this Act with respect to the form and content of development plans, and with respect to the procedure to be followed in connection with the preparation, submission, approval, making and amendment of such plans; and such regulations shall in particular make provision for securing—

(a)that before preparing a development plan or proposals for alterations or additions to any such plan the local planning authority shall consult with such bodies or persons as may be prescribed by the regulations ;

(b)that notice shall be given by advertisement in at least one newspaper circulating in the area concerned, of the submission to the Secretary of State of any such plan, or of proposals for the amendment of any such plan, and of any proposal by the Secretary of State to make or amend such a plan, and of the place or places where copies of the plan or proposals as so submitted, or of any such proposal of the Secretary of State, may be inspected ;

(c)that objections and representations duly made in accordance with the regulations shall be considered, and that such local inquiries or other hearings as may be prescribed shall be held, before such a plan is approved, made or amended by the Secretary of State ; and

(d)that copies of any such plan as approved or made by the Secretary of State, including any amendments thereof, shall be available for inspection by the public, and that copies therefor (including reproductions, on such scale as may be appropriate, of any relevant maps) shall be available for sale to the public at a reasonable cost.

(3)If, as the result of any objections or representations considered, or local inquiry or other hearing held, in connection with a development plan or proposals for amendment of such a plan submitted to or prepared by the Secretary of State under this Schedule, the Secretary of State is of opinion that the local planning authority, or any other authority or person, ought to be consulted before he decides whether to approve or make the plan, either with or without modifications, or to amend the plan, as the case may be, he shall consult that authority or person but shall not be under any obligation to consult any other authority or person, or to afford any opportunity for further objections or representations, or to cause any further local inquiry or other hearing to be held.

(4)Subject to the foregoing provisions of this paragraph, the Secretary of State may give directions to any local planning authority, or to local planning authorities generally—

(a)for formulating the procedure for the carrying out of their functions under the foregoing provisions of this Schedule;

(b)for requiring them to give him such information as he may require for the purpose of the exercise of any of his functions under those provisions.

Publication and date of operation of development plans

7(1)Immediately after a development plan has been approved or made or amended by the Secretary of State under this Schedule, the local planning authority shall publish, in such manner as may be prescribed, a notice stating that the plan has been approved, made or amended, as the case may be, and naming a place where a copy of the plan or of the plan as amended, may be seen at all reasonable hours, and shall serve a like notice—

(a)on any person who duly made an objection to, or representation with respect to, the proposed plan or amendment, and has sent to the local planning authority a request in writing to serve him with the notice required by this sub-paragraph, specifying an address for service; and

(b)on such other persons (if any) as may be required by general or special directions given by the Secretary of State.

(2)Subject to the provisions of Part XII of this Act as to the validity of development plans and of amendments of such plans, a development plan, or an amendment of a development plan, shall become operative on the date on which the notice required by sub-paragraph (1) of this paragraph is first published.

Schedule 4Development Plans : Modifications of this Act Pending Repeal of Schedule 3

1In section 136(4) for the words "structure plan or local plan" (wherever those words occur) there shall be substituted the words

development plan.

2For section 231(1)(a) there shall be substituted:—

(a)a development plan or an amendment of a development plan, whether before or after it has been approved or made ; or.

3For subsections (1) and (2) of section 232 there shall be substituted:—

(1)If any person aggrieved by a development plan, or by an amendment of a development plan, desires to question the validity thereof or of any provision contained therein on the grounds that it is not within the powers of this Act, or that any requirement of this Act or of any regulation made thereunder has not been complied with in relation to the approval or making of the plan, or, as the case may be, in relation to the making of the amendment, he may, within six weeks from the date on which the notice required by paragraph 7(1) of Schedule 3 to this Act is first published, make an application to the Court of Session under this section.

(2)On any application under this section the Court of Session—

(a)may by interim order suspend the operation of the plan or amendment, as the case may be, 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 ;

(b)if satisfied that the plan or amendment, 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 a failure to comply with any requirement of this Act or of any regulation made thereunder, may quash the plan or amendment or any provision contained therein, either generally or in so far as it affects any property of the applicant. and in subsections (3), (4) and (5) of the said section 232 for the words " structure plan" there shall be substituted the words

development plan.

4In section 242(2)(a) for the words "a structure plan or local plan under Part II of this Act" there shall be substituted the words

a development plan under Schedule 3 to this Act.

5For section 253(1)(a) there shall be substituted:—

(a)a development plan approved or made under Schedule 3 to this Act may include proposals relating to the use of Crown land and any power to acquire land compulsorily under Part VI of this Act may be exercised in relation to any interest therein which is for the time being held otherwise than by or on behalf of the Crown;

6After section 264 there shall be inserted the following setion :—

264AWhere, in accordance with the provisions of Part III, Part IV or Part V of this Act. a local planning authority are required to have regard to the provisions of the development plan in relation to the exercise of any of their functions, then, in relation to the exercise of those functions during any period before such a plan has become operative with respect to the district of that authority, the authority—

(a)shall have regard to any directions which may be or have been given to them by the Secretary of State as to the provisions to be included in such a plan; and

(b)subject to any such directions, shall have regard to the provisions which in their opinion will be required to be so included for securing the proper planning of their district.

7For section 265(1)(a) there shall be substituted:—

(a)the preparation, approval, making or amendment of a development plan relating to the land under Schedule 3 to this Act, including the carrying out of any survey under that Schedule ;

8In section 275(1), for the definition of "development plan" there shall be substituted:—

  • "' development plan' has the meaning assigned to it by paragraph 1 of Schedule 3 to this Act, and includes a plan made in accordance with sub-paragraph (5) of the said paragraph 1;

9In Schedule 2, in paragraph 1 of Part I, for the words " structure plans and local plans " there shall be substituted the words

development plans.

10In Part I of Schedule 19 after the words "Schedules 1 and 2 " there shall be inserted the words " Schedule 3

Schedule 5Development Plans : Transition from Schedule 3 to Part II of this Act

1Until the repeal of Schedule 3 to this Act as respects any area (whether the whole or part of the district of a local planning authority), proposals for any alterations or additions to a development plan in force in the area shall not without the approval of the Secretary of State be submitted to him under paragraph 3 of that Schedule.

2On the repeal of the said Schedule as respects any area, the development plan which was in force in the area immediately before the repeal takes effect (hereafter in this Schedule referred to as " the old development plan ") shall, subject to the following provisions of this Schedule, continue in force as respects that area and be treated for the purposes of this Act, any other enactment relating to town and country planning and the Land Compensation (Scotland) Act 1963 as being comprised in. or as being, the development plan therefor.

3Subject to the following provisions of this Schedule, where by virtue of paragraph 2 of this Schedule the old development plan for any area is treated as being comprised in a development plan for that area and there is a conflict between any of its provisions and those of the structure plan for that area, the provisions of the structure plan shall be taken to prevail for the purposes of Parts III, IV, V, VI, VII and IX of this Act and Schedule 10 to this Act.

4Where a structure plan is in force in any area, but no local plan is in force in that area, a street authorisation map prepared in pursuance of the Town and Country Planning (Development Plans) (Scotland) Regulations 1966 for that area shall—

(a)if in force immediately before the structure plan comes into force be treated for the purposes of this Act as having been adopted as a local plan by the local planning authority;

(b)if immediately before the structure plan comes into force it was under consideration by the Secretary of State be treated for those purposes as having been so adopted on being approved by the Secretary of State.

5Where a structure plan is in force in any area, but no local plan is in force in that area, then, for any of the purposes of the Land Compensation (Scotland) Act 1963—

(a)the development plan or current development plan shall as respects that area be taken as being whichever of the following plans gives rise to those assumptions as to the grant of planning permission which are more favourable to the owner of the land acquired, for that purpose, that is to say, the structure plan, so far as applicable to the area, and any alterations thereto, together with the Secretary of State's notice of approval of the plan and alterations, or the old development plan ;

(b)land situated in an area defined in the current development plan as an area of comprehensive development shall be taken to be situated in whichever of the following areas leads to such assumptions as aforesaid, that is to say, any area wholly or partly within the area first-mentioned in this paragraph selected by the structure plan as an action area or the area so denned in the old development plan.

6Subject to paragraph 7 of this Schedule, the Secretary of State may by order wholly or partly revoke a development plan continued in force under this Schedule whether in its application to the whole of the district of a local planning authority or in its application to part of that district and make such consequential amendments to the plan as appear to him to be necessary or expedient.

7Before making an order with respect to a development plan under paragraph 6 of this Schedule, the Secretary of State shall consult with the local planning authority for the district to which the plan relates.

8Any reference in paragraphs 1 and 2 of this Schedule to the repeal of Schedule 3 to this Act shall, in a case where that repeal is brought into force by an order under section 18 of this Act on different days, be construed as a reference to a repeal of such of the provisions of the said Schedule as may be specified in the order.

9In relation to any development plan continued in force by virtue of this Schedule, sections 231 and 232 of this Act shall have effect with the same substitutions as are specified in paragraphs 1 to 3 of Schedule 4 to this Act.

Schedule 6Development not Constituting New Development

Part IDevelopment not Ranking for Compensation under s 158

1The carrying out of any of the following works, that is to say—

(a)the rebuilding, as often as the person having the right to rebuild may desire, of any building which was in existence on the appointed day, or of any building which was in existence before that day but was destroyed or demolished after 7th January 1937, including the making good of war damage sustained by any such building;

(b)the rebuilding, as often as the person having the right to rebuild may desire, of any building erected after the appointed day which was in existence at a material date;

(c)the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building, or which do not materially affect the external appearance of the building and (in either case) are works for making good war damage,

so long as (in the case of works falling within any of the preceding sub-paragraphs) the cubic content of the original building is not exceeded—

(i)in the case of a dwellinghouse, by more than one-tenth or 1,750 cubic feet, whichever is the greater ; and

(ii)in any other case, by more than one-tenth.

2The use as two or more separate dwellinghouses of any building which at a material date was used as a single dwellinghouse.

Part IIDevelopment Ranking for Compensation under s. 158

3The enlargement, improvement or other alteration, as often as the person having the right to carry out such operations may desire, of any such building as is mentioned in paragraph 1(a) or (b) of this Schedule, or any building substituted for such a building by the carrying out of any such operations as are mentioned in that paragraph, so long as the cubic content of the original building is not increased or exceeded—

(a)in the case of a dwellinghouse, by more than one-tenth or 1,750 cubic feet, whichever is the greater; and

(b)in any other case, by more than one-tenth.

4The carrying out, on land which was used for the purposes of agriculture or forestry at a material date, of any building or other operations required for the purposes of that use, other than operations for the erection, enlargement, improvement or alteration of dwellinghouses or of buildings used for the purposes of market gardens, nursery grounds or timber yards or for other purposes not connected with general farming operations or with the cultivation or felling of trees.

5The winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works thereon which are occupied or used for those purposes.

6The winning and working of peat by any person for the domestic requirements of that person.

7In the case of a building or other land which, at a material date, was used for a purpose falling within any general class specified in an order made by the Secretary of State for the purposes of this paragraph, or which having been unoccupied on and at all times since the appointed day, was last used (otherwise than before 7th January 1937) for any such purpose, the use of that building or land for any other purpose falling within the same general class.

8In the case of any building or other land which, at a material date, was in the occupation of a person by whom it was used as to part only for a particular purpose, the use for that purpose of any additional pan of the building or land not exceeding one-tenth of the cubic content of the part of the building used for that purpose on the appointed day, or on the day thereafter when the building began to be so used, or, as the case may be, one-tenth of the area of the land so used on that day.

9The deposit of waste materials or refuse in connection with the working of minerals, on any land comprised in a site which at a material date was being used for that purpose, so far as may be reasonably required in connection with the working of those minerals.

Part IIISupplementary Provisions

10Any reference in this Schedule to the cubic content of a building shall be construed as a reference to that content as ascertained by external measurement.

11Where, after the appointed day, any buildings or works have been erected or constructed, or any use of land has been instituted, and any condition imposed under Part III of this Act, limiting the period for which those buildings or works may be retained, or that use may be continued, has effect in relation thereto, this Schedule shall not operate except as respects the period specified in that condition.

12For the purposes of paragraph 3 of this Schedule—

(a)the erection, on land within the curtilage of any such building as is mentioned in that paragraph, of an additional building to be used in connection with the original building shall be treated as the enlargement of the original building ; and

(b)where any two or more buildings comprised in the same curtilage are used as one unit for the purposes of any institution or undertaking, the reference in that paragraph to the cubic content of the original building shall be construed as a reference to the aggregate cubic content of those buildings.

13In this Schedule " at a material date " means at either of the following dates, that is to say—

(a)the appointed day ; and

(b)the date by reference to which this Schedule falls to be applied in the particular case in question:

Provided that sub-paragraph (b) of this paragraph shall not apply in relation to any buildings, works or use of land in respect of which, whether before or after the date mentioned in that sub-paragraph, an enforcement notice served before that date has become or becomes effective.

14(1)In relation to a building erected after the appointed day, being a building resulting from the carrying out of any such works as are described in paragraph 1 of this Schedule, any reference in this Schedule to the original building is a reference to the building in relation to which those works were carried out and not to the building resulting from the carrying out of those works.

(2)This paragraph has effect subject to section 263(4) of this Act.

Schedule 7Determination of Certain Appeals by Person Appointed by Secretary of State

Determination of appeals by appointed person

1(1)An appeal to which this Schedule applies, being an appeal of a prescribed class, shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.

(2)Regulations made for the purpose of this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

(3)This paragraph shall not affect any provision contained in this Act or any instrument thereunder that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State.

Powers and duties of person determining appeal

2(1)A person appointed under this Schedule to determine an appeal shall have the like powers and duties in relation to the appeal as the Secretary of State under whichever are relevant of the following provisions, that is to say—

(a)in relation to appeals under section 33, subsections (3) and (5) of that section ;

(b)in relation to appeals under section 85, subsections (4) to (6) of that section ;

(c)in relation to appeals under section 91, subsection (2) and (3) of that section ;

(d)in relation to appeals under section 93, subsections (4) and (5) of that section ;

(e)in relation to appeals under section 99, section 85(4) and (5) of this Act;

(f)in relation to appeals under paragraph 7 of Schedule 10 to this Act, sub-paragraph (3) of that paragraph.

(2)The provisions of section 33(4), 85(2). 91(4), 93(2) and paragraph 7(4) of Schedule 10 to this Act relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an appeal which falls to be determined by a person appointed under this Schedule but before the determination of any such appeal the Secretary of State shall, unless (in the case of an appeal under section 36) the appeal is referred to a Planning Inquiry Commission under section 45 of this Act, ask the applicant or appellant, as the case may require, and the local planning authority whether they wish to appear before and be heard by the person so appointed, and—

(a)the appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard as aforesaid ; and

(b)the person so appointed shall, if either of the parties expresses a wish to appear and be heard, afford to both of them an opportunity of so doing.

(3)Subject to sub-paragraph (4) of this paragraph, the decision of a person appointed under this Schedule on any appeal to which this Schedule applies shall bs final.

(4)An appeal determined by any such person by virtue of this Schedule shall be treated for the purposes of this Act as having been determined by the Secretary of State.

Determination of appeals by Secretary of State

3(1)The Secretary oi' State may, if he thinks fit, direct that an appeal, which by virtue of paragraph 1 of this Schedule and apart from this sub-paragraph, falls to be determined by a person appointed by the Secretary of State shall instead be determined by the Secretary of State.

(2)A direction under this paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the applicant or appellant, the local planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 26(3)(a) of this Act.

(3)Where in consequence of a direction under this paragraph an appeal to which this Schedule applies falls to be determined by the Secretary of State, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it.

(4)Where in consequence of a direction under this paragraph the Secretary of State determines an appeal himself, he shall, unless (in the case of an appeal under section 33) the appeal is referred to a Planning Inquiry Commission under section 45 of this Act, afford to the applicant or appellant, the local planning authority and any person who has made any such representations as aforesaid an opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose either—

(a)if the reasons for the direction raise matters with respect to which either the applicant or appellant, or the local planning authority or any such person, have not made representations; or

(b)if the applicant or appellant or the local planning authority had not been asked in pursuance of paragraph 2(2) of this Schedule whether they wished to appear before and be heard by a person appointed to hear the appeal, or had been asked that question and had expressed no wish in answer thereto, or had expressed a wish to appear and be heard as aforesaid, but had not been afforded an opportunity of doing so.

(5)Except as provided by sub-paragraph (4) of this paragraph, where the Secretary of State determines an appeal in consequence of a direction under this paragraph he shall not be obliged to afford any person an opportunity of appearing before and being heard by a person appointed for the purpose, or of making fresh representations or making or withdrawing any representations already made; and in determining the appeal the Secretary of State may take into account any report made to him by any person previously appointed to determine it.

Appointment of another person to determine appeal

4(1)Where the Secretary of State has appointed a person to determine an appeal under this Schedule the Secretary of State may, at any time before the determination of the appeal, appoint another person to determine it instead of the first-mentioned person.

(2)Paragraph 2 of this Schedule shall, subject to sub-paragraph (3) of this paragraph, apply in relation to an appeal which falls to be determined by a person appointed under this paragraph as they apply in relation to an appeal which falls to be determined by a person appointed under that paragraph.

(3)If before the appointment of a person under this paragraph to determine an appeal, the Secretary of State had with reference to the person previously appointed, asked the question referred to in paragraph 2(2) of this Schedule, the question need not be asked again with reference to the person appointed under this paragraph and any answers to the question shall be treated as given with reference to him, but—

(a)the consideration of the appeal or any inquiry or other hearing in connection therewith, if already begun, shall be begun afresh ; and

(b)it shall not be necessary to afford any person an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Local inquiries and hearings

5(1)A person appointed under this Schedule to determine an appeal may (whether or not the parties have asked for an opportunity to appear and be heard) hold a local inquiry in connection with the appeal and shall hold such an inquiry if the Secretary of State directs him to do so.

(2)Subject to sub-paragraph (3) of this paragraph, the expenses—

(a)of any hearing held by virtue of paragraph 2(2)(b) of this Schedule; and

(b)of any inquiry held by virtue of this paragraph,

shall be defrayed by the Secretary of State.

(3)Subsections (4) to (9) of section 267 of this Act shall apply to an inquiry held under this paragraph as they apply to an inquiry held under that section.

Stopping of appeals

6If before or during the determination of an appeal under section 33 of this Act which is to be or is being determined in accordance with paragraph 1 of this Schedule, the Secretary of State forms the opinion mentioned in subsection (7) of that section, he may direct that the determination shall not be begun or proceeded with.

Supplementary provisions

7(1)The Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held in pursuance of this Schedule as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a person appointed to determine the relevant appeal under this Schedule.

(2)The functions of determining an appeal and doing anything in connection therewith conferred by this Schedule on a person appointed to determine an appeal thereunder who is an officer of the Scottish Office shall be treated for the purposes of the Parliamentary Commissioner Act 1967 as functions of that office.

(3)In section 33(7) of this Act, for the words " and 65 " there shall be substituted the words

65 and 72; but the provisions of this sub-paragraph shall cease to have effect at the same time as the provisions referred to in section 83(1) of this Act whether or not the provisions of this sub-paragraph have by that time been brought into operation.

Schedule 8Construction of References in Sections 45 and 46 to " The Responsible Minister or Ministers "

1In relation to matters specified in the first column of the Table below (being matters mentioned in section 45(1) of this Act which may be referred to a Planning Inquiry Commission under that section) "the responsible Minister or Ministers" for the purposes of sections 45 and 46 of this Act are those specified opposite in the second column of the Table.

2Where an entry in the second column of the Table specifies two or more Ministers, that entry shall be construed as referring to those Ministers acting jointly.

Table

Referred MatterResponsible Minister or Ministers

1. Application for planning permission or appeal under section 33 of this Act—

(a) relating to land to which section 2140) of this Act applies;

(b) relating to other land.

The Secretary of State and the appropriate Minister (if different).

The Secretary of State.

2. Proposal that a government department should give a direction under section 37 of this Act or that development should be carried out by or on behalf of a government department.The Secretary of State and the Minister (if different) in charge of the government department concerned.

Schedule 9Joint Planning Inquiry Commissions

Interpretation

1In relation to matters specified in the first column of the Table below (being matters which under section 47 of this Act may be referred to a Joint Planning Inquiry Commission), " the responsible Ministers" for the purposes of this Schedule are those specified opposite in the second column of the Table, acting jointly.

Table

Referred MatterResponsible Ministers

1. Application for planning permission or appeal under section 33 of this Act—

(a) relating to land to which section 214(1) of this Act or section 225(1) of the Act of 1971 applies;

(b) relating to other land.

The Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England and the appropriate Minister (if different).

The Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England.

2. Proposal that a government department should give a direction under section 37 of this Act or section 40 of the Act of 1971, or that development should be carried out by or on behalf of a government department.The Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England and the Minister (if different) in charge of the government department concerned.

2In this Schedule—

(a)"Act of 1971 " means the Town and Country Planning Act 1971;

(b)" commission " means a Joint Planning Inquiry Commission constituted under section 47 of this Act; and

(c)" referred matter " means a matter referred to a commission under that section.

The reference

3Two or more of the matters mentioned in subsection (1) of section 47 of this Act may be referred to the same commission if it appears to the responsible Ministers that they relate to proposals to carry out development for similar purposes on different sites.

4Where a referred matter relates to a proposal to carry out development for any purpose at a particular site, the responsible Ministers may also refer to the commission the question whether development for that purpose should be instead carried out at an alternative site, whether in Scotland or in England, or partly in one and partly in the other.

5The responsible Ministers shall, on referring a matter to a commission, state in the reference the reasons therefor and may draw the attention of the commission to any points which seem to them to be relevant to their inquiry.

6(1)A reference to a commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time.

(2)A reference of any other matter mentioned in subsection (1) of section 47 of this Act may be made at any time before, but not after, the determination of the relevant referred application or the relevant appeal or, as the case may be, the giving of the relevant direction, notwithstanding that an inquiry or other hearing has been held into the proposal by a person appointed by any Minister for the purpose.

Notice of reference to persons and authorities concerned

7(1)Notice of the making of a reference to a commission shall be published in the prescribed manner, and a copy of the notice shall be served on the local planning authority for the area in which it is proposed that the relevant development shall be carried out.

(2)In the case of an application for planning permission referred under section 32 of this Act or section 35 of the Act of 1971 or an appeal under section 33 of this Act or section 36 of the Act of 1971, notice shall also be served—

(a)on the applicant or appellant; and

(b)on any person who has made representations, relating to the subject matter of the application or appeal, which the local planning authority are required to take into account under section 26(2) or (3) of this Act or, as the case may be, section 29(2) or (3) of the Act of 1971.

(3)In the case of a proposal that a direction should be given by a government department under section 37 of this Act or section 40 of the Act of 1971 with respect to any development, notice shall also be served on the local authority or statutory undertakers applying for authorisation to carry out that development.

(4)In this paragraph, " prescribed " means prescribed by regulations made by the Secretary of State and the Secretary of State for the Environment jointly in the exercise of their respective powers under this Act and the Act of 1971.

Proceedings of commission on reference

8A commission inquiring into a referred matter shall—

(a)identify and investigate the considerations relevant to, or the technical or scientific respects of, that matter which in their opinion are relevant to the question whether the proposed development should be permitted to be carried out, and assess the importance to be attached to those considerations or aspects ;

(b)thereafter, comply with paragraph 9 below in respect of affording to persons an opportunity of appearing before, and being heard by, one or more members of the commission ;

(c)report to the responsible Ministers on the said matter.

9A commission shall afford the following persons an opportunity of appearing and being heard as aforesaid:—

(a)in any case, the local planning authority, if the authority so desire;

(b)in the case of a matter mentioned in section 45(1)(a), (b) or (c) of this Act or section 48(1)(a), (b) or (c) of the Act of 1971, the applicant, if he so desires ; and

(c)in the case of an application or appeal mentioned in the said section 45(1)(a) or (b) or the said section 48(1 )(a) or (b), any person who has made representations relating to the subject matter of the application or appeal which the local planning authority are required to take into account under section 26(2) or (3) of this Act or section 29(2) or (3) of the Act of 1971.

10The provisions of sections 32(5) and 33(4) of this Act and sections 35(5) and 36(4) of the Act of 1971 and the provisions of Schedule 7 to this Act and Schedule 9 to the Act of 1971, relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an application for planning permission, or an appeal, referred to a commission.

Local inquiries

11A commission shall, for the purpose of complying with paragraph 9 above, hold a local inquiry; and they may hold such an inquiry if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the local planning authority desire the opportunity of appearing and being beard.

12Where a commission are to hold a local inquiry in connection with a referred matter and it appears to the responsible Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this Schedule to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, the responsible Minister may direct that the two inquiries be held concurrently or combined as one inquiry.

13For the purposes of the Tribunals and Inquiries Act 1971 a local inquiry held by a commission—

(a)if held in Scotland, shall be treated as one held by the Secretary of State in pursuance of a duty imposed by a statutory provision; and

(b)if held in England, shall be treated as one held by the Secretary of State for the Environment in pursuance of a duty so imposed.

14(1)Subsections (4) to (9) of section 267 of this Act shall apply to a local inquiry held by a commission in Scotland as they apply to an inquiry held under that section.

(2)Subsections (2) to (5) of section 290 of the Local Government Act 1933 (evidence and costs at local inquiries) shall apply in relation to a local inquiry held by a commission in England as they apply in relation to an inquiry caused to be held by a department under subsection (1) of that section, with the substitution for references to a department (other than the first reference in subsection (4)) of references to the Secretary of State for the Environment.

Supplementary

15(1)A- commission may, with the approval of the Ministers and at their expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to the commission to be relevant to a referred matter.

(2)In this paragraph " the Ministers" means the Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England, acting jointly; but their functions under this paragraph may, by arrangements made between them, be exercised by either acting on behalf of both.

16Subject to the provisions of this Schedule, and to any directions given to them by the responsible Ministers, a commission shall have power to regulate their own procedure.

Schedule 10Control of Works for Demolition, Alteration or Extension of Listed Buildings

Part IApplications for Listed Building Consent

Form of application and effect of consent

1(1)Provision may be made by regulations under this Act with respect to the form and manner in which applications for listed building consent are to be made, the manner in which such applications are to be advertised and the time within which they are to be dealt with by local planning authorities or, as the case may be, by the Secretary of State.

(2)Any listed building consent shall (except in so far as it otherwise provides) enure for the benefit of the building and of all persons for the time being interested therein.

2(1)Regulations under this Act may provide that an application for listed building consent, or an appeal against the refusal of such an application, shall not be entertained unless it is accompanied by a certificate in the prescribed form and corresponding to one or other of those described in section 24(1)(a) to (d) of this Act and any such regulations may—

(a)include requirements corresponding to sections 24(2) to (4) and 26(3) of this Act; and

(b)make provision as to who, in the case of any building, is to be treated as the owner for the purposes of any provision of the regulations made by virtue of this sub-paragraph.

(2)If any person issues a certificate which purports to comply with the requirements of regulations made by virtue of this paragraph and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

Directions as to manner of dealing with applications

3The provisions of section 28(2) and (3) of this Act shall apply to an application for listed building consent for any works for the demolition, alteration or extension of a building in a conservation area as they apply to an application of the kind therein mentioned.

Reference of applications to Secretary of State

4(1)The Secretary of State may give directions requiring applications for listed building consent to be referred to him instead of being dealt with by the local planning authority.

(2)A direction under this paragraph may relate either to a particular application, or to applications in respect of such buildings as may be specified in the direction.

(3)An application in respect of which a direction under this paragraph has effect shall be referred to the Secretary of State accordingly.

(4)Before determining an application referred to him under this paragraph, the Secretary of State shall, if either the applicant or the authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State.

(5)The decision of the Secretary of State on any application referred to him under this paragraph shall be final.

5(1)Subject to the following provision of this paragraph, a local planning, authority to whom application is made for listed building consent shall not grant such consent, unless they have notified the Secretary of State of the application (giving particulars of the works for which the consent is required) and either—

(a)a period of twenty-eight days has expired, beginning with the date of the notification, without the Secretary of State having directed the reference of the application to him ; or

(b)the Secretary of State has notified the authority that he does not intend to require the reference of the application.

(2)The Secretary of State may at any time before the said period expires give notice to the authority that he requires further time in which to consider whether to require the reference of the application to him and sub-paragraph (1) of this paragraph shall then have effect with the substitution for a period of twenty-eight days or such longer period as may be specified in the Secretary of State's notice.

6(1)The Secretary of State may give directions that, in the case of such descriptions of applications for listed building consent as he may specify, other than such consent for the demolition of a building, paragraph 5 of this Schedule shall not apply; and accordingly, so long as the directions are in force local planning authorities may determine applications of such descriptions in any manner they think fit, without notifying the Secretary of State.

(2)Without prejudice to the foregoing provisions of this Schedule, the Secretary of State may give directions to local planning authorities requiring them, in such cases or classes of case as may be specified in the directions, to notify to him and to such other persons as may be so specified any applications made to them for listed building consent, and the decisions taken by the authorities thereon.

Appeal against decision

7(1)Where an application is made to the local planning authority for listed building consent and the consent is refused by the authority or is granted by them subject to conditions, the applicant, if he is aggrieved by the decision, may by notice served in the prescribed manner within such period as may be prescribed, not being less than twenty-eight days from the receipt by him of notification of the decision, appeal to the Secretary of State.

(2)A person appealing under this paragraph may include in his notice thereunder, as the ground or one of the grounds of his appeal, a claim that the building is not of special architectural or historic interest and ought to be removed from any list compiled or approved by the Secretary of State under section 52 of this Act, or—

(a)in the case of a building to which subsection (8) of that section applies, that the Secretary of State should give a direction under that subsection with respect to the building ; or

(b)in the case of a building subject to a building preservation notice under section 56 of this Act, that the building should not be included in a list compiled or approved under the said section 52.

(3)Subject to the following provisions of this paragraph, the Secretary of State may allow or dismiss an appeal thereunder, or may reverse or vary any part of the decision of the authority, whether the appeal relates to that part thereof or not, and—

(a)may deal with the application as if it had been made to him in the first instance ; and

(b)may, if he thinks fit, exercise his power under section 52 of this Act to amend any list compiled or approved thereunder by removing from it the building to which the appeal relates or his power under subsection (8) of that section to direct that that subsection shall no longer apply to the building.

(4)Before determining an appeal under this paragraph, the Secretary of State shall, if either the applicant or the local planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(5)The decision of the Secretary of State on any appeal under this paragraph shall be final.

(6)Schedule 7 to this Act applies to appeals under this paragraph.

Appeal in default of decision

8Where an application is made to the local planning authority for listed building consent, then unless within the prescribed period from the date of the receipt of the application, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority either—

(a)give notice to the applicant of their decision on the application ; or

(b)give notice to him that the application has been referred to the Secretary of State in accordance with directions given under paragraph 4 of this Schedule,

the provisions of paragraph 7 of this Schedule shall apply in relation to the application as if listed building consent had been refused by the authority and as if notification of their decision had been received by the applicant at the end of the prescribed period or at the end of the said extended period, as the case may be.

Part IIRevocation of Listed Building Consent

9(1)If it appears to the local planning authority, having regard to the development plan and to any other material considerations, that it is expedient to revoke or modify listed building consent in respect of any works to a building, being consent granted on an application made under Part I of this Schedule, the authority, subject to the following provisions of this paragraph, may by order revoke or modify the consent to such extent as (having regard to those matters), they consider expedient.

(2)Except as provided in paragraph 11 of this Schedule, an order under this paragraph shall not take effect unless it is confirmed by the Secretary of State; and the Secretary of State may confirm any such order submitted to him either without modification or subject to such modifications as he considers expedient.

(3)Where a local planning authority submit an order to the Secretary of State for confirmation under this paragraph, the authority shall serve notice on the owner, on the lessee and on the occupier of the building affected and on any other person who in their opinion will be affected by the order ; and if within such period as may be specified in that notice (not being less than twenty-eight days after the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the local planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(4)The power conferred by this paragraph to revoke or modify listed building consent in respect of any works may be exercised at any time before those works have been completed, but the revocation or modification shall not affect so much of those works as has been previously carried out.

10(1)If it appears to the Secretary of State, after consultation with the local planning authority, to be expedient that an order under paragraph 9 of this Schedule should be made, he may give directions to the authority requiring them to submit to him such an order for his confirmation, or may himself make such an order ; and any order so made by the Secretary of State shall have the like effect as if it had been made by the authority and confirmed by the Secretary of State under that paragraph.

(2)The provisions of paragraph 9 of this Schedule shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of this paragraph, in relation to the making thereof by the Secretary of State and in relation to the service of copies thereof as so made.

11-;—

(1)The following provisions shall have effect where the local planning authority have made an order under paragraph 9 of this Schedule but have not submitted the order to the Secretary of State for confirmation by him, and—

(a)the owner, lessee and occupier of the land and all persons who in the authority's opinion will be affected by the order have notified the authority in writing that they do not object to the order ; and

(b)it appears to the authority that no claim for compensation is likely to arise under section 161 of this Act on account of the order.

(2)The authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement shall specify—

(a)the period (not being less than twenty-eight days from the date on which the advertisement first appears) within which persons affected by the order may give notice to the Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose ; and

(b)the period (not being less than fourteen days from the expiration of the period referred to in paragraph (a) of this sub-paragraph) at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this paragraph and without being confirmed by the Secretary of State.

(3)The authority shall also serve notice to the same effect on the persons mentioned in sub-paragraph (1)(a) of this paragraph, and the notice shall include a statement to the effect that no compensation is payable under section 161 of this Act in respect of an order under paragraph 9 of tins Schedule which takes effect by virtue of this paragraph and without being confirmed by the Secretary of State.

(4)The authority shall send a copy of any advertisement published under sub-paragraph (2) of this paragraph to the Secretary of State, not more than three days after the publication.

(5)If within the period referred to in sub-paragraph (2)(a) of this paragraph no person claiming to be affected by the order has given notice to the Secretary of State as aforesaid and the Secretary of State has not directed that the order be submitted to him for confirmation, the order shall, at the expiration of the period referred to in sub-paragraph (2)(b) of this paragraph, take effect by virtue of this paragraph and without being confirmed by the Secretary of State as required by paragraph 9(2) of tins Schedule.

(6)This paragraph does not apply to an order revoking or modifying a listed building consent granted by the Secretary of State.

Part IIIProvisions Applicable on Lapse of Building Preservation Notice

12The provisions of this Part of this Schedule apply where a building preservation notice ceases to be in force by virtue of section 56(3) of this Act, otherwise than by reason of the building to which it relates being included in a list compiled or approved under section 52 of this Act.

13The fact that the building preservation notice has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 53 or 94 of this Act committed by him with respect to the said building while the notice was in force.

14Any proceedings on or arising out of an application for listed building consent made while the building preservation notice was in force shall lapse and any listed building consent granted with respect to the building, while the notice was in force, shall also lapse.

15Any listed building enforcement notice served by the local planning authority while the building preservation notice was in force shall cease to have effect and any proceedings thereon under sections 92 and 93 of this Act shall lapse, but section 95(1) and (2) of this Act shall continue to have effect as respects any expenses incurred by the local authority, owner, lessee or occupier as therein mentioned and with respect to any sums paid on account of such expenses.

Schedule 11Tree Preservation Orders : Modifications of this Act pending coming into operation of sections 58(5) and 59(1) to (3)

1In section 58(4), the words "under subsection (5)(c) of this section and " shall be omitted.

2For section 58(5) there shall be subsituted:—

(5)Provision may be made by regulations under this Act with respect to the form of tree preservation orders and the procedure to be followed in connection with the submission and confirmation of such orders, and such regulations shall, in particular, make provision for securing—

(a)that notice shall be given to the owners, lessees and occupiers of land affected by any such order of the submission to the Secretary of State of the order;

(b)that objections and representations with respect to the proposed order duly made in accordance with the regulations shall be considered before the order is confirmed by the Secretary of State ; and

(c)that copies of the order when confirmed by the Secretary of State shall be served on the owners, lessees and occupiers of the land to which it relates.

3. For section 59(1) to (3) there shall be substitued:—

59(1)If it appears to a local planning authority that a tree preservation order proposed to be made by that authority should take effect immediately without previous confirmation by the Secretary of State, they may include in the order as made by them a direction that this section shall apply to the order.

(2)Notwithstanding section 58(4) of this Act, an order which contains such a direction shall take effect provisionally on such date as may be specified therein, and shall continue in force by virtue of this section until the expiration of the period of six months beginning with the date on which the order was made, or until the date on which the Secretary of State confirms the order or notifies the local planning authority that he does not propose to confirm it, whichever first occurs.

(3)Provision shall be made by regulations under this Act for securing—

(a)that the notices to be given of the submission to the Secretary of State of a tree preservation order containing a direction under this section shall include a statement of the effect of the direction; and

(b)that where the Secretary of State, within the said period of six months, notifies the local planning authority that he does not propose to confirm such an order, copies of that notice shall be served on the owners, lessees and occupiers of the land to which the order related.

Schedule 12Provisions as to Established use Certificates

Application for certificate and appeal against refusal thereof

1An application for an established use certificate shall be made in such manner as may be prescribed by a development order, and shall include such particulars, and be verified by such evidence, as may be required by such an order or by any directions given thereunder, or by the local planning authority or, in the case of an application referred to the Secretary of State, by him.

2Provision may be made by a development order for regulating the manner in which applications for established use certificates are to be dealt with by local planning authorities, and, in particular—

(a)for requiring the authority to give any applicant for such a certificate, within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with ;

(b)for requiring the authority to give to the Secretary of State and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to applications for such certificates made to the authority, including information as to the manner in which any such application has been dealt with.

3(1)A development order may provide that an application for an established use certificate, or an appeal against the refusal of such an application, shall not be entertained unless it is accompanied by a certificate in such form as may be prescribed by the order and corresponding to one or other of those described in section 24(1)(a) to (d) of this Act; and any such order may—

(a)include requirements corresponding to section 24(2), (3) and (4), and section 26(3) of this Act; and

(b)make provision as to who, in the case of any land, is to be treated as the owner for the purposes of any provision of the order made by virtue of this sub-paragraph.

(2)If any person issues a certificate which purports to comply with any provision of a development order made by virtue of sub-paragraph (1) above and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

Provisions with respect to grant of certificate

4An established use certificate shall be in such form as may be prescribed by a development order and shall specify—

(a)the land to which the certificate relates and any use thereof which is certified by the certificate as established;

(b)by reference to the paragraphs of section 90(1) of this Act, the grounds on which that use is so certified; and

(c)the date on which the application for the certificate was made, which shall be the date at which the use is certified as established.

5Where the Secretary of State or a person appointed by him under Schedule 7 to this Act to determine an appeal grants an established use certificate, the Secretary of State or that person shall give notice to the local planning authority of that fact.

6In section 31 of this Act references to applications for planning permission shall include references to applications for established use certificates; and the information which may be prescribed as being required to be contained in a register kept under that section shall include information with respect to established use certificates granted by the Secretary of State or by a person appointed by him under Schedule 7 to this Act to determine an appeal.

Schedule 13Adjustment of Claim Holdings

Part IAdjustment of Claim Holdings assigned to Central Land Board as Security for Development Charges

1(1)In this Part of this Schedule references to the assignation of a claim holding to the Central Land Board are references to any transaction whereby—

(a)the holder of the claim holding assigned it to the Central Land Board as security, or part of the security, for one or more development charges determined, or thereafter to be determined, by the Board ; or

(b)the holder and the Central Land Board agreed that a development charge determined by the Board should be set off against any payment which might thereafter become payable to the holder by reference to that holding; or

(c)the Central Land Board refrained from determining a development charge, which would otherwise have fallen to be determined by them, in consideration of an assignation of the holding, with or without other claim holdings.

(2)All assignations of claim holdings to the Central Land Board made by the same person, whether or not made at the same time, other than any assignation to which paragraph 2(1) of this Schedule applies, shall for the purposes of this Part of this Schedule be treated collectively as a single assignation made at the time when the last of those assignations was made.

(3)Where a development charge covered by an assignation to the Central Land Board was determined in respect of land consisting of, or forming part of, the area of a claim holding—

(a)which was not comprised in the assignation ; but

(b)whose holder immediately before the time of completion was the person who would, apart from the assignation, have been liable to pay the unpaid balance of the development charge,

then, for the purposes of this Part of this Schedule, that claim holding shall be deemed to have been comprised in the assignation.

(4)In this Part of this Schedule references to the determination of a development charge in respect of any land are references to a determination of the Central Land Board that the charge was payable in respect of the carrying out of operations in, on, over or under that land, or in respect of the use of that land.

(5)For the purposes of this Part of this Schedule the amount of a development charge—

(a)in a case where the Central Land Board determined that amount as a single capital payment, shall be taken to have been the amount of that payment; and

(b)in a case where the Board determined that amount otherwise than as a single capital payment, shall be taken to have been the amount of the single capital payment which would have been payable if the Board had determined the amount as such a payment;

and references in this Part of this Schedule to the unpaid balance of a development charge are references to the amount of the charge, if no sum was actually paid to the Board on account of the charge, or if any sum was so paid, are references to the amount of the charge reduced by the amount or aggregate amount of the sum or sums so paid, other than any sum paid by way of interest.

(6)In relation to the assignation of a claim holding to the Central Land Board, references in this Part of this Schedule to a development charge covered by the assignation are references to a development charge the payment of which was secured, or partly secured by, the assignation, or, as the case may be, which was agreed to be set off against any payment which might become payable by reference to that claim holding.

2(1)Where a claim L____ding was assigned to the Central Land Board in accordance with the special arrangements relating to owners of single house plots, that claim holding shall, subject to sub-paragraph (2) of this paragraph, be deemed to have been extinguished as from the time when it was assigned to the Board.

(2)Where a claim holding (in this sub-paragraph referred to as " the original holding ") was assigned as mentioned in sub-paragraph (1) of this paragraph but was so assigned by reference to a plot of land which did not extend to the whole of the area of the original holding, that sub-paragraph shall not apply, but there shall be deemed to have been substituted for the original holding, as from the time of the assignation, a claim holding with an area consisting of so much of the area of the original holding as was not comprised in that plot of land, and with a value equal to that fraction of the value of the original holding which then attached to so much of the area of the original holding as was not comprised in that plot.

3Without prejudice to paragraph 2 of this Schedule, where an assignation to the Central Land Board comprised one or more claim holdings, and the unpaid balance of the development charge covered by the assignation, or (if more than one) the aggregate of the unpaid balances of the development charges so covered, was equal to or greater than the value of the claim holding, or the aggregate value of the claim holdings, as the case may be, the holding or holdings shall be deemed to have been extinguished as from the time of the assignation.

4Where an assignation to the Central Land Board comprised only a single claim holding with an area of which every part either consisted of, or formed part of, the land in respect of which some development charge covered by the assignation was determined, and paragraph 3 of this Schedule does not apply, the value of that claim holding shall be deemed to have been reduced, as from the time of the assignation, by the unpaid balance of the development charge covered by the assignation, or (if more than one) by the aggregate of the unpaid balances of all the development charges covered by the assignation.

5(1)The provisions of this paragraph shall have effect in the case of an assignation of one or more claim holdings to the Central Land Board to which neither paragraph 3 nor paragraph 4 of this Schedule applies.

(2)Any claim holding comprised in the assignation with an area of which every part either consisted of, or formed part of, the land in respect of which some development charge covered by the assignation was determined shall be allocated to the development charge in question, or (if more than one) to those development charges collectively.

(3)Any claim holding comprised in the assignation with an area part of which did, and part of which did not, consist of, or form part of, such land as is mentioned in sub-paragraph (2) of this paragraph shall be treated as if, at the time of the assignation, the claim holding (in this sub-paragraph referred to as " the parent holding " had been divided into two separate claim holdings, that is to say—

(a)a claim holding with an area consisting of so much of the area of the parent holding as consisted of, or formed part of, such land as is mentioned in sub-paragraph (2) of this paragraph, and with a value equal to that fraction of the value of the parent holding which then attached to that part of the area of the parent holding ; and

(b)a claim holding with an area consisting of the residue of the area of the parent holding, and with a value equal to that fraction of the value of the parent holding which then attached to the residue of the area of the parent holding,

and the claim holding referred to in head (a) of this sub-paragraph shall be allocated to the development charge in question, or (if more than one) to those development charges collectively.

(4)Paragraph 3 or paragraph 4 of this Schedule shall then apply in relation to each claim holding (if any) allocated in accordance with sub-paragraph (2) or sub-paragraph (3) of this paragraph to any development charge, or to any development charges collectively, as if the assignation had comprised only that claim holding and had covered only that development charge or those development charges.

(5)If, after the application of the foregoing provisions of this paragraph, there remains outstanding any claim holding not allocated in accordance with those provisions, or any claim holding which (having been so allocated) is deemed to have been reduced in value but not extinguished, an amount equal to the aggregate of—

(a)the unpaid balance of any development charge covered by the assignation to which no claim holding was so allocated ; and

(b)the amount (if any) by which the value of any claim holding so allocated which is deemed to have been extinguished falls short of the unpaid balance of the development charge, or the aggregate of the unpaid balances of the development charges, to which it was so allocated. shall be treated as having been deducted from the value of the claim holding so remaining outstanding, or (if more than one) as having been deducted rateably from the respective values of those claim holdings, and the value of any such holding shall be deemed to have been reduced accordingly as from the time of the assignation.

Part IIAdjustment by Reference to Payments in Respect of War-Damaged Land

6(1)The provisions of this Part of this Schedule shall have effect where a payment under the scheme has become, or becomes payable in respect of an interest in land, and a claim holding related (or would, apart from this Part of this Schedule, have related) to the like interest in the whole or part of that land, with or without any other land.

(2)In this Part of this Schedule "the scheme " means the scheme made under section 56 of the Act of 1947, "the date of the scheme " means 23rd December 1949, and " payment under the scheme " means a payment which has become, or becomes, payable by virtue of the scheme.

(3)In relation to any payment under the scheme " the payment area ", in this Part of this Schedule, means the land in respect of which the payment became or becomes payable, and references to the amount of the payment shall be construed as references to the principal amount thereof, excluding any interest payable thereon in accordance with section 62(3) of the Act of 1947.

7If the payment area is identical with the area of the claim holding, then—

(a)in the case of a payment of an amount equal to the value of the claim holding, the claim holding shall be deemed to have been extinguished as from the date of the scheme;

(b)in the case of a payment of an amount less than the value of the claim holding, the value of the claim holding shall be deemed to have been reduced, as from the date of the scheme, by the amount of the payment.

8(1)If the payment area forms part of the area of the claim holding, the holding (in this paragraph referred to as " the parent holding") shall be treated, as from the date of the scheme, as having been divided into two claim holdings, that is to say—

(a)a claim holding with an area consisting of that part of the area of the parent holding which constituted the payment area, and with a value equal to that fraction of the value of the parent holding which attached to that part of the area of the parent holding ; and

(b)a claim holding with an area consisting of the residue of the area of the parent holding, and with a value equal to that fraction of the value of the parent holding which attached to the residue of the area of the parent holding.

(2)Where sub-paragraph (1) of this paragraph applies, paragraph 7 of this Schedule shall have effect in relation to the claim holding referred to in sub-paragraph (1)(a) of this paragraph as if it were the parent holding.

9If the payment area includes the area of the claim holding together with other land, paragraph 7 of this Schedule shall apply as if—

(a)the payment area had been identical with the area of the claim holding ; but

(b)the amount of the payment had been so much of the actual amount thereof, as might reasonably be expected to have been attributed to the area of the claim holding if, under the scheme, the authority determining the amount of the payment had been required (in accordance with the same principles as applied to the determination of that amount) to apportion it between the area of the claim holding and the rest of the payment area.

10If the payment area includes part of the area of the claim holding together with other land not comprised in the area of the claim holding—

(a)paragraph 8 of this Schedule shall apply as if the part of the payment area comprised in the area of the claim holding had been the whole of the payment area ; and

(b)paragraph 9 of this Schedule shall apply as if the part of the area of the claim holding comprised in the payment area had been the whole of the area of the claim holding.

Part IIIAdjustment in Cases of Partial Transmission of Claim Holdings

11The provisions of this Part of this Schedule shall have effect where, by virtue of a transmission of part of the benefit of an established claim (in this Part of this Schedule referred to as " the relevant transmission "), different persons became entitled to different parts of the benefit of that established claim.

12As from the date of the relevant transmission, each of those different parts shall be treated as having constituted a separate claim holding.

13The area and value of any such separate claim holding at any time after the relevant transmission shall be taken to have been such as may, in the requisite manner, be or have been determined to be just and appropriate in all the circumstances.

14In paragraph 13 of this Schedule the reference to determination in the requisite manner of the area and value of a claim holding is a reference to the determination thereof on the occasion of an apportionment affecting that holding which fell or falls to be made for any of the purposes of the Act of 1954, of Part VII of this Act or of this Schedule, being a determination made—

(a)by the authority making that apportionment; or

(b)where, under the Act of 1954 or Part VII of this Act, that authority's findings were or are referred to the Lands Tribunal, by that Tribunal,

having regard in particular to the principles mentioned in paragraph 15 of this Schedule.

15(1)The said principles are those set out in the following provisions of this paragraph.

(2)The aggregate of the values of all claim holdings representing parts of the benefit of the same established claim must not exceed the amount of the established claim.

(3)Subject to sub-paragraph (2) of this paragraph, where a claim holding representing part only of the benefit of an established claim was assigned to the Central Land Board, otherwise than as mentioned in paragraph 2 of this Schedule, and by virtue of Part I of this Schedule the value of that claim holding is deemed to have been reduced by reference to an amount due by way of development charge, the value of that holding at the time of the assignation is not to be taken to have been less than the amount secured by the assignation.

(4)In the case of the claim holding representing the part of the benefit of an established claim which was the subject of the relevant transmission, if it was not a claim holding to which sub-paragraph (5) of this paragraph applies—

(a)the area of that claim holding is to be taken to be the claim area of that established claim, less the area of any claim holding to which the said sub-paragraph (5) applies which represents part of the benefit of the same established claim ; and

(b)the value of the claim holding immediately after the relevant transmission is, subject to sub-paragraphs (2) and (3) of this paragraph, to be taken to have been that part of the amount of the established claim to which the holder purported to become entitled under the terms of the relevant transmission.

(5)Where any person who was entitled to a claim holding representing part only of the benefit of an established claim—

(a)at any time while so entitled was also entitled to the interest in land to which the established claim related in so far as that interest subsisted in part only of the claim area ; and

(b)became entitled to both that holding and that interest in such circumstances that the authority making the apportionment in question or the Lands Tribunal, as the case may be, were or are satisfied that the holding and the interest were intended to relate to one another,

the area of that claim holding is to be taken to be that part of the claim area, and the value of the holding immediately after the relevant transmission (however that or any other transmission affecting the holding was expressed, but subject to sub-paragraphs (2) to (4) of this paragraph) is to be taken to have been an amount equal to so much of the amount of the established claim as might reasonably be expected to have been attributed to that part of the claim area if the authority determining the amount of that established claim had been required to apportion it, in accordance with the same principles as applied to its determination, between that part and the residue of the claim area.

16Paragraph 1 of this Schedule shall apply for the purposes of this Part of this Schedule as it applies for the purposes of Part I thereof.

Part IVAdjustment in Respect of Payments under Part I of Act of 1954

17The provisions of this Pan of this Schedule shall have effect where, by virtue of Part I of the Act of 1954, a payment became or becomes payable in respect of a claim holding.

18Subject to the following provisions of this Part of this Schedule, if either—

(a)the principal amount of the payment was or is not less than the value of the claim holding ; or

(b)the payment (whatever its amount) became or becomes payable under Case D (that is to say, by virtue of section 8 of the Act of 1954, which related to cases where a claim holding had been assigned for valuable consideration),

the claim holding shall be deemed to have been extinguished ; and if the principal amount of the payment (not being a payment under Case D) was or is less than the value of the claim holding, the value of that holding shall be deemed to have been reduced by the principal amount of the payment.

19Paragraph 18 of this Schedule shall apply where two or more payments under Part I of the Act of 1954 were or are payable in respect of the same claim holding, with the substitution, for references to the principal amount of the payment, of references to the aggregate of the principal amounts of the payments.

20(1)Where one or more relevant acts or events have occurred in relation to a claim holding (in this paragraph referred to as " the Parent holding ") and any such act or event did not extend to the whole of the area of the parent holding, then, for the purposes of the preceding provisions of this Part of this Schedule, and for the purposes of Part V of this Schedule and of Part VTJ of this Act—

(a)the parent holding shall be treated as having been divided immediately before the time of completion, into as. many separate claim holdings, with such areas, as may be necessary to ensure that, in the case of each holding, either any relevant act or event extending to the area of that holding extended to the whole thereof or no relevant act or event extended to the area of that holding ;

(b)the value of each of the separate holdings respectively shall be taken to have been that fraction of the value of the parent holding which then attached to the part of the area of the parent holding constituting the area of the separate holding; and

(c)the portion of the amount of any payment under Part I of the Act of 1954 which, by the authority determining that amount, was or is apportioned to the area of any of the separate claim holdings shall be taken to have been a payment payable under the said Part I in respect of that claim holding.

(2)In this paragraph "relevant act or event", in relation to a claim holding, means an act or event whereby, in accordance with the provisions of Part I of the Act of 1954, one or more payments became or become payable in respect of that claim holding.

21For the purposes of this Part of this Schedule—

(a)a payment shall be treated as having become payable notwithstanding that the right to receive the payment was extinguished by section 14(2) of the Act of 1954 (which enabled the Central Land Board to set off payments against liabilities in respect of development charges) ;

(b)any reduction of the principal amount of a payment by virtue of that subsection shall be disregarded ; and

(c)where in accordance with subsection (3) of section 14 of the Act of 1954 (which provided for cases of failure to apply for a payment within the appropriate period) an amount was determined as being the principal amount of a payment to which a person would have been entitled as mentioned in that subsection, that payment shall be treated as if it had become due and as if the principal amount thereof had been the amount so determined.

22(1)Where in accordance with the preceding provisions of this Part of this Schedule a claim holding is deemed to have been extinguished or the value of a claim holding is deemed to have been reduced, the extinguishment or reduction, as the case may be, shall be deemed to have had effect immediately before the time of completion.

(2)References in this Part of this Schedule to the value of a claim holding are references to the value thereof immediately before the time of completion.

Part VAdjustment in Respect of Compensation under Part V of Act of 1954

23Where compensation under Part V of the Act of 1954 became or becomes payable by reference to a claim holding, then (subject to the following provisions of this Part of this Schedule) for the purposes of Part VII of this Act—

(a)if the principal amount of the compensation was or is equal to the value of the claim holding at the time of completion . (ascertained apart from this Part of this Schedule) the claim holding shall be deemed to have been extinguished immediately before that time ;

(b)if the principal amount of the compensation was or is less than the value of the claim holding at that time (ascertained apart from this Part of this Schedule) the value of the claim holding shall be deemed to have been reduced immediately before that time by the principal amount of the compensation.

24Where compensation became or becomes payable as mentioned in paragraph 23 of this Schedule, and at any time an amount became or becomes recoverable in respect thereof under section 30 of the Act of 1954, as applied by section 48 of that Act, or under section 148 of this Act as applied by Schedule 22 to this Act to compensation under Part V of the Act of 1954, then, for the purposes of Part VII of this Act, paragraph 23 of this Schedule shall have effect as from that time as if the principal amount of that compensation had been reduced by a sum equal to seven-eighths of the amount which so became or becomes recoverable.

25Where, in the case of a claim holding (in this paragraph referred to as " the parent holding "), compensation under Part V of the Act of 1954 became or becomes payable in respect of depreciation of the value of an interest in land by one or more planning decisions or orders, and any such decision or order did not extend to the whole of the area of the parent holding, then, both for the purposes of the foregoing provisions of this Part of this Schedule and for the purposes of Part VII of this Act—

(a)the parent holding shall be treated as having been divided immediately before the time of completion into as many separate claim holdings, with such areas, as may be necessary to ensure that, in the case of each holding, either any such decision or order extending to the area of that holding extended to the whole thereof or no such decision or order extended to the area of that holding;

(b)the value of each of the separate holdings respectively shall be taken to have been that fraction of the value of the parent holding which then attached to the part of the area of the parent holding constituting the area of the separate holding; and

(c)the portion of the amount of any such compensation which, by the authority determining that amount, was or is apportioned to the area of any of the separate claim holdings shall be taken to have been compensation payable under Part V of the Act of 1954 in respect of that claim holding.

Part VISupplementary Provisions

26Where in accordance with any of the provisions of this Schedule a part of the benefit of an established claim constitutes a separate claim holding, the interest in land to which that claim holding relates shall be taken to be an interest of the like character as the interest to which the established claim related.

27Where in accordance with any of the provisions of this Schedule a claim holding (in this paragraph referred to as "the parent holding ") is to be treated as divided into two or more claim holdings, a person who was the holder of one of those holdings shall be treated as having been the holder thereof at any time when he was the holder of the parent holding.

28Expressions used in this Schedule and in Part VII of this Act have the same meanings in this Schedule as in that Part of this Act.

29In this Schedule " the holder ", in relation to a claim holding, means the person for the time being entitled to the holding, and " the time of completion " means the time when, in accordance with section 127 of this Act, the adjustment of claim holdings is deemed to have been completed.

Schedule 14Calculation of Value of Previous Development of Land

1Where for the purposes of section 130 of this Act the value of any development initiated before a time referred to in that section has to be ascertained with reference to that time, the value of the development shall be calculated in accordance with the provisions of this Schedule.

2Subject to the following provisions of this Schedule, the value shall be calculated by reference to prices current at the time in question—

(a)as if the development had not been initiated, but the land had remained in the state in which it was immediately before the development was initiated ; and

(b)on the assumption that (apart from the provisions of Part III of this Act or the provisions of the Act of 1947, as the case may be) the development could at that time lawfully be carried out,

and shall be taken to be the difference between the value which in those circumstances the land would have had at that time if planning permission for that development had been granted unconditionally immediately before that time and the value which in those circumstances the land would have had at that time if planning permission for that development had been applied for and refused immediately before that time, and it could be assumed that planning permission for that development, and any other new development of that land, would be refused on any subsequent application.

3If the development involved the clearing of any land, the reference in paragraph (2)(a) of this Schedule to the state of the land immediately before the development shall be construed as a reference to the state of the land immediately after the clearing thereof but before the carrying out of any other operations.

4(1)If the development was initiated in pursuance of planning permission granted subject to conditions, paragraph 2 of this Schedule shall apply as if the reference to the granting of permission unconditionally were a reference to the granting of permission subject to the like conditions.

(2)If the permission referred to in sub-paragraph (1) of this paragraph was granted subject to conditions which consisted of, or included, a requirement expressed by reference to a specified period, the reference in that sub-paragraph to the like conditions shall be construed, in relation to the condition imposing that requirement, as a reference to a condition imposing the like requirement in respect of a period of like duration beginning at the time in question.

5In the application of the foregoing provisions of this Schedule to development initiated, but not completed, before the time in question, references to permission for that development shall be construed as references to permission for so much of that development as had been carried out before that time.

Schedule 15Apportionment of Unexpended Balance of Established Development Value

Determination of relevant area

1(1)"Where, in the case of a compulsory acquisition to which section 131 of this Act applies, any area of the relevant land which, immediately before the relevant date, has an unexpended balance of established development value does not satisfy the condition set out in sub-paragraph (2) of this paragraph, that area shall be treated as divided into as many separate areas as may be requisite to ensure that each of those separate areas satisfies that condition.

(2)The condition referred to in sub-paragraph (1) of this paragraph is that all the interests (other than excepted interests) subsisting in the area in question subsist in the whole of that area.

(3)Any area of the relevant land which has an unexpended balance of established development value and which complies with the condition set out in sub-paragraph (2) of this paragraph is in this Schedule referred to, in relation to the interests subsisting therein, as " the relevant area", and the subsequent provisions of this Schedule shall have effect separately in relation to each relevant area.

Preliminary calculations

2In the case of the interest of the lessor under any lease, there shall be calculated the capital value, as at the time immediately before the relevant date, of the right to receive a sum equal to the unexpended balance of established development value of the relevant area at that time, but payable at the expiration of the lease; and the amount so calculated in the case of any such interest is in this Schedule referred to as " the reversionary development value " of that interest.

Apportionment of unexpended balance between interests

3Where two or more interests (other than excepted interests) subsist in the relevant area, the portion of the unexpended balance of established development value of the relevant area attributable to each of those interests respectively shall be taken to be the following, that is to say—

(a)in the case of the interest of the lessor under any lease, so much, if any, of the reversionary development value of that interest, as remains after the deduction therefrom of the aggregate of—

(i)the reversionary development value of the interest of the person, if any, to whom that lessor stands in the relationship of lessee ; and

(ii)in a case where the restricted value of the first-mentioned interest is a minus quantity, an amount equal to that minus quantity ;

(b)in the case of the interest of the lessee under any lease which is not subject to a sub-lease, so much, if any, of the said balance as remains after the deduction therefrom of the aggregate of—

(i)the reversionary development value of the interest of the lessor under the lease, and

(ii)in a case where the restricted value of the first-mentioned interest is a minus quantity, an amount equal to that minus quantity.

Application of Schedule to past acquisitions

4In relation to any compulsory acquisition to which section 131 of this Act applies, where the relevant date was a date before the commencement of this Act, the foregoing provisions of this Schedule shall have effect with the necessary modifications.

Interpretation

5In this Schedule—

(a)" the relevant land ", in relation to a compulsory acquisition to which section 131 of this Act applies, means the land in which the interest acquired subsisted or subsists;

(b)" lease " does not include any lease in the case of which the interest of the lessee is an excepted interest;

(c)" the: relevant date" and " excepted interest" have the same meanings as in section 131 of this Act; and

(d)other expressions h3ve the same meanings as in Part VII of this Act.

Schedule 16Condition Treated as Applicable to Rebuilding and Alterations

1Where the building to be rebuilt or altered is the original building, the amount of gross floor space in the building as rebuilt or altered which may be used for any purpose shall not exceed by more than ten per cent, the amount of gross floor space which was last used for that purpose in the original building.

2Where the building to be rebuilt or altered is not the original building, the amount of gross floor space in the building as rebuilt or altered which may be used for any purpose shall not exceed the amount of gross floor space which was last used for that purpose in the building before the rebuilding or alteration.

3In determining under this Schedule the purpose for which floor space was last used in any building, no account shall be taken of any use in respect of which an effective enforcement notice has been or could be served or, in the case of a use which has been discontinued, could have been served immediately before the discontinuance.

4For the purposes of this Schedule gross floor space shall be ascertained by external measurement; and where different parts of a building are used for different purposes, floor space common to those purposes shall be apportioned rateably.

5In relation to a building erected after the appointed day, being a building resulting from the carrying out of any such works as are described in paragraph 1 of Schedule 6 to this Act, any reference in this Schedule to the original building is a reference to the building in relation to which those works were carried out and not to the building resulting from the carrying out of those works.

Schedule 17Proceedings on Listed Building Purchase Notice

Action by local planning authority on whom listed building purchase notice is served

1(1)The local planning authority on whom a listed building purchase notice is served, shall, before the end of the period of three months beginning with the date of service of that notice, serve on the owner or lessee by whom the purchase notice was served a notice stating either—

(a)that the authority are willing to comply with the purchase notice ; or

(b)that another local planning authority or statutory under takers specified in the notice under this sub-paragraph have agreed to comply with it in their place ; or

(c)that for reasons specified in the notice under this sub-paragraph, the authority are not willing to comply with the purchase notice and have not found any other local planning authority or statutory undertakers who will agree to comply with it in their place and that they have transmitted a copy of the purchase notice to the Secretary of State, on a date specified in the notice under this sub-paragraph, together with a statement of the reasons so specified.

(2)Where the local planning authority on whom a listed building purchase notice is served by an owner or lessee have served on him a notice in accordance with sub-paragraph (1)(a) or (b) of this paragraph the authority, or the other local planning authority or statutory undertakers specified in the notice, as the case may be, shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the provisions of section 104 of this Act, and to have served a notice to treat in respect thereof on the date of service of the notice under sub-paragraph (1) of this paragraph.

(3)Where the authority on whom a listed building purchase notice is served by an owner or lessee propose to serve on him a notice in accordance with sub-paragraph (1)(c) of this paragraph they shall transmit a copy of the purchase notice to the Secretary of State together with a statement of their reasons ; and section 171 of this Act shall then apply in relation to the purchase notice as it applies in relation to a purchase notice under section 169 of this Act with the substitution for references therein to the Secretary of State taking action under section 172 of this Act of references to his taking action under paragraph 2 of this Schedule.

Action by Secretary of State in relation to listed building purchase notice

2(1)Subject to the following provisions of this paragraph, if the Secretary of State is satisfied that the conditions specified in section 179(1)(a) to (c) of this Act are fulfilled in relation to a listed building purchase notice, he shall confirm the notice:

Provided that, if he is satisfied that the said conditions are fulfilled only in respect of part of the land, he shall confirm the notice only in respect of that part and the notice shall have effect accordingly.

(2)The Secretary of State shall not confirm the purchase notice unless he is satisfied that the land comprises such land contiguous or adjacent to the building as is in his opinion required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.

(3)If it appears to the Secretary of State to be expedient to do so in the case of a listed building purchase notice served on account of listed building consent being refused or granted subject to conditions, he may, in lieu of confirming the purchase notice, grant listed building consent for the works in respect of which the application was made or, where such consent for those works was granted subject to conditions, revoke or amend those conditions so far as it appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of those works.

(4)If it appears to the Secretary of State to be expedient to do so, in the case of a listed building purchase notice served on account of listed building consent being revoked or modified by an order under Part II of Schedule 10 to this Act, he may, in lieu of confirming the notice, cancel the order revoking the consent or, where the order modified the consent by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the works in respect of which the consent was granted.

(5)If it appears to the Secretary of State that the land, or any part of it, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other works for which listed building consent ought to be granted, he may in lieu of confirming the listed building purchase notice or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that listed building consent for those works shall be granted in the event of an application being made in that behalf.

(6)If it appears to the Secretary of State that the land, or any pan of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any development for which planning permission ought to be granted, he may, in lieu of confirming the listed building purchase notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that planning permission for that development shall be granted in the event of an application being made in that behalf.

(7)If it appears to the Secretary of State, having regard to the probable ultimate use of the building or the site thereof, that it is expedient to do so, he may, if he confirms the notice, modify it either in relation to the whole or in relation to any part of the land, by substituting another local planning authority or statutory undertakers for the authority on whom the notice was served.

(8)In section 171 of this Act as applied by paragraph 1(3) of this Schedule, any reference to the taking of action by the Secretary of State under this paragraph is a reference to the taking by him of any such action as is mentioned in sub-paragraphs (1) or (3) to (7) of this paragraph, or to the taking by him of a decision not to confirm the purchase notice on the grounds that any of the conditions referred to in sub-paragraph (1) of this paragraph are not fulfilled.

Effect of Secretary of State's action in relation to listed building purchase notice

3(1)Where the Secretary of State confirms a listed building purchase notice, the authority on whom the notice was served (or, if under paragraph 2(7) of this Schedule the Secretary of State modified the notice by substituting another authority or statutory undertakers for that authority, that other authority or those statutory undertakers) shall be deemed to be authorised to acquire the relevant interest compulsorily in accordance with the provisions of section 104 of this Act and to have served a notice to treat in respect thereof on such date as the Secretary of State may direct.

(2)If, before the end of the relevant period, the Secretary of State has neither confirmed the purchase notice nor taken any such action in respect thereof as is mentioned in sub-paragraphs (3) to (6) of paragraph 2 of this Schedule, and has not notified the owner or lessee by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the end of that period and the authority on whom the notice was served shall be deemed to have been authorised to acquire the relevant interest compulsorily in accordance with the provisions of section 104 of this Act and to have served a notice to treat in respect thereof at the end of that period.

(3)In this paragraph—

(a)" the relevant interest" means the owner's or lessee's interest in the land or, if the purchase notice is confirmed by the Secretary of State in respect of only part of the land, the owner's or lessee's interest in that part;

(b)" the relevant period " is whichever of the following periods first expires, that is to say—

(i)the period of nine months beginning with the date of the service of the purchase notice ; and

(ii)the period of six months beginning with the date on which a copy of the purchase notice was transmitted to the Secretary of State.

(4)Where the Secretary of State has notified the owner or lessee by whom a listed building purchase notice has been served of a decision on his part to confirm, or not to confirm, the notice (including any decision to confirm the notice only in respect of part of the land, or to give any direction as to the granting of listed building consent) and that decision of the Secretary of State is quashed under the provisions of Part XII of this Act, the purchase notice shall be treated as cancelled, but the owner or lessee may serve a further listed building purchase notice in its place.

(5)For the purposes of any regulations made under this Act as to the time within which a listed building purchase notice may be served, the service of a listed building purchase notice under sub-paragraph (4) of this paragraph shall not be treated as out of time if the notice is served within the period which would be applicable in accordance with those regulations if the decision to refuse listed building consent or to grant it subject to conditions (being the decision in consequence of which the notice is served) had been made on the date on which the decision of the Secretary of State was quashed as mentioned in sub-paragraph (4) of this paragraph.

Special provision as to compensation where listed building purchase notice served

4Where in consequence of listed building consent being revoked or modified by an order under Part II of Schedule 10 to this Act, compensation is payable by virtue of section 161 of this Act in respect of expenditure incurred in carrying out any works to the building in respect of which the consent was granted, then if a listed building purchase notice is served in respect of an interest in the land, any compensation payable in respect of the acquisition of that interest in pursuance of the notice shall be reduced by an amount equal to the value of the works in respect of which compensation is payable by virtue of that section.

Schedule 18Procedure in connection with Orders relating to Footpaths and Bridleways

Part IConfirmation of Orders

1(1)Before an order under section 199 or 203(1)(b) of this Act is submitted to the Secretary of State for confirmation or confirmed as an unopposed order, the authority by whom the order was made shall give notice in the prescribed form—

(a)stating the general effect of the order and that it has been made and is about to be submitted for confirmation or to be confirmed as an unopposed order ;

(b)naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge at all reasonable hours ; and

(c)specifying the time (not being less than twenty-eight days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order may be made.

(2)Subject to sub-paragraph (3) of this paragraph, the notice to be given under sub-paragraph (1) of this paragraph shall be given—

(a)by publication in the Edinburgh Gazette and in at least one local newspaper circulating in the area in which the land to which the order relates is situated ; and

(b)by serving a like notice on—

(i)every owner, occupier and lessee (except tenants for a month or a period less than a month and statutory tenants within the meaning of the Rent (Scotland) Act 1971) of any of that land ;

(ii)every county or town council whose area includes any of that land ;

(iii)any statutory undertakers to whom there belongs, or by whom there is used, for the purposes of their undertaking, any apparatus under, in, on, over, along or across that land; and

(iv)any person named in the order by virtue of section 199(2)(d) of this Act; and

(c)by causing a copy of the notice to be displayed in a prominent position at the ends of so much of any footpath or bridleway as is to be stopped up, diverted or extinguished by virtue of the order.

(3)Except in the case of an owner, occupier or lessee being a local authority or statutory undertakers, the Secretary of State may in any particular case direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i) of this paragraph ; but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to "the owners and any occupiers" of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

2If no representations or objections are duly made, or if any so made are withdrawn, the authority by whom the order was made may, instead of submitting the order to the Secretary of State themselves confirm the order (but without any modification).

3(1)If any representation or objection duly made is not withdrawn, the Secretary of State shall, before confirming the order, if the objection is made by a local authority, cause a local inquiry to be held, and in any other case either—

(a)cause a local inquiry to be held ; or

(b)afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose,

and, after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may confirm the order, with or without modifications:

Provided that in the case of an order under section 199 of this Act, if objection is made by statutory undertakers on the ground that the order provides for the creation of a public right of way over land covered by works used for the purpose of their undertaking, or over the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

(2)Notwithstanding anything in the foregoing provisions of this paragraph, the Secretary of State shall not confirm an Order so as to affect land not affected by the order as submitted to him, except after—

(a)giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (not being less than twenty-eight days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made ;

(b)holding a local inquiry or affording to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose ; and

(c)considering the report of the person appointed to hold the inquiry or to hear representations or objections as the case may be;

and, in the case of an order under section 199 of this Act, if objection is made by statutory undertakers on the ground that the order as modified would provide for the creation of a public right of way over land covered by works used for the purposes of their undertaking, or over the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

4(1)The Secretary of State shall not confirm an order under section 199 of this Act which extinguishes a right of way over land under, in, on, over, along or across which there is any apparatus belonging to or used by statutory undertakers for the purposes of their undertaking, unless the undertakers have consented to the confirmation of the order ; and any such consent may be given subject to the condition that there are included in the order such provisions for the protection of the undertakers as they may reasonably require.

(2)The consent of statutory undertakers to any such order shall not be unreasonably withheld ; and any question arising under this paragraph whether the withholding of consent is unreasonable, or whether any requirement is reasonable, shall be determined by whichever Minister is the appropriate Minister in relation to the statutory undertakers concerned.

5Regulations under this Act may, subject to this Part of this Schedule, make such provision as the Secretary of State thinks expedient as to the procedure on the making, submission and confirmation of orders under sections 199 and 203(1)(b) of this Act.

Part IIPublicity for Orders after Confirmation

6As soon as may be after an order under section 199 or 203(1)(b) of this Act has been confirmed by the Secretary of State or confirmed as an unopposed order, the authority by whom the order was made shall publish, in the manner required by paragraph 1(2) of this Schedule, a notice in the prescribed form, describing the general effect of the order, stating that it has been confirmed, and naming a place where a copy thereof as confirmed may be inspected free of charge at all reasonable hours, and shall—

(a)serve a like notice and a copy of the order as confirmed on any persons on whom notices were required to be served under the said paragraph 1(2); and

(b)cause a like notice to be displayed in the like manner as the notice required to be displayed under the said paragraph 1(2):

Provided that no such notice or copy need be served on a person unless he has sent to the authority a request in that behalf, specifying an address for service.

Schedule 19Provisions of this Act referred to in Sections 250, 251, 256, 257 and 259 and Paragraphs 70 and 71 of Schedule 22

Part ISections 1 and 2

Section 19. Section 20 except subsection (7). Section 21 except subsection (6). Section 22. Section 26(1). Section 27. Section 28(1). Sections 29 and 30. Section 31(2) and (4). Section 32 with the omission in subsection (4) of the reference to sections 23 and 24. Section 33(1) to (6) with the omission in subsection (5) of the reference to section 24. Section 34. Section 37. Section 42. Sections 48 to 51. Section 52 except subsections (6), (8) and (9). Section 58. Sections 61 to 66. Section 86. Sections 88 and 89. Section 98. Sections 100 and 101. Sections 108 to 115. Sections 117 to 122. Section 153. Section 154 with the omission in subsection (2) of the references to sections 155 to 157. Section 158 except subsection (5). Section 159. Section 163. Section 165. Sections 167 and 168. Section 169(1) to (4). Sections 170 to 172. Sections 175 to 178. Section 180(1). Section 198. Section 203 except subsection (1)(b). Section 204. Sections 207 and 208. Section 209. Section 211. Sections 213 to 220. Sections 222 to 225. Section 226 except subsection (3). Section 227 except subsections (4) and (6)(b). Sections 228 to 230. Section 231(1) except paragraphs (d) and (e). Section 232. Section 236 with the omission in subsection (2) of the references to section 233. Section 237. Section 238(1). Section 239. Sections 241 and 242. Section 250. Sections 251 and 252. Section 253(1) (the reference, in paragraph (b), to Part III being construed as not referring to sections 23 and 24 and the reference, in that paragraph, to Part IV being construed as not referring to sections 71 to 83) and section 253(2) to (5) and (7). Section 254. Section 256. Section 258. Section 260. Section 265 except subsections (4) and (5). Section 266. Section 270. Schedules 1 and 2. Schedule 6. Schedule 20. Schedule 22, paragraphs 27 to 32, 38,40 and 74 to 79. Any other provisions of this Act in so far as they apply, or have effect for the purposes of, any of the provisions specified above.

Part IISection 3. Sections 4 to 18

Sections 23(2) to (6) except subsection (2)(a) and the reference to it in subsection (6), and subsection (8). Section 25(2)(b) and (3). Section 26(4). Section 28(2) and (3). Section 31(3). Section 33(7) and (8). Sections 38 to 41. Sections 43 to 47. Section 52(8) and (9). Sections 53 and 54. Section 56. Sections 77 to 79. Sections 83 and 85. Section 87. Sections 90 to 96. Section 99(4). Sections 102 to 107. Sections 160 to 162. Section 166. Section 169(5) and (6). Section 173. Section 179. Section 186. Sections 190 and 191. Sections 199 to 202. Section 203(1)(b). Sections 205 and 206. Section 210. Section 212. Section 221. Section 226(3). Section 227(4) and (6)(b). Section 240. Section 243. Section 257. Section 271. Schedules 5, 7, 8, 9, 10, 12, 17 and 18 and paragraphs 14 to 17, 20, 26, 33, 34, 36,48, 49 and 65 of Schedule 22. Any other provisions of this Act in so far as they apply, or have effect for the purposes of, any of the provisions specified above.

Part IIISections 19 to 22

Section 26(1). (5) and (6). Section 27. Section 28(1). Sections 29 and 30. Section 31 except subsection (3). Sections 32 to 34. Section 37. Section 42. Sections 48 to 51. Section 52 except subsections (2) and (7) to 9). Section 58. Sections 61 to 66. Section 70. Sections 84 to 91. Section 98. Sections 100 and 101. Section 166.

Part IVSection 25(2)(b) and (3)

Section 26(4). Section 28(2) and (3). Section 52(2) and (7) to (9). Section 53. Section 54. Section 56. Section 92 to 96. Sections 104 to 107. Sections 160 to 162. Section 169(5) and (6). Section 179. Schedules 10 and 17.

Schedule 20Enactments Exempted from Section 273(6) of this Act

1Section 32(1) of the Public Health (Scotland) Act 1897.

2Section 158 of the Burgh Police (Scotland) Act 1892, as extended by section 104(2)(h) of the Burgh Police (Scotland) Act 1903.

3Section 5 of the Roads Improvement Act 1925, as applied to Scotland by section 12 of that Act.

4Any enactment making such provision as might by virtue of any Act of Parliament have been made in relation to the area to which the order applies by means of a byelaw, order or regulation not requiring confirmation by Parliament.

5Any enactment which has been previously excluded or modified by a development order, and any enactment having substantially the same effect as any such enactment.

Schedule 21Consequential Amendments

Part I

The Land Compensation (Scotland) Act 1963 (c. 51)

In the Land Compensation (Scotland) Act 1963 any reference to an area defined in the current development plan as an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force.

Part II

The Finance Act 1931 (c. 28)

In section 28(6) (inserted by the Land Commission Act 1967), for the words

the Town and Country Planning (Scotland) Act 1947

there shall be substituted the words

the Town and Country Planning (Scotland) Act 1972

. In Schedule 2, in paragraph (viii) (inserted by the Land Commission Act 1967), for the words

section 12(5) of the Town and Country Planning (Scotland) Act 1947

there shall be substituted the words

section 31(2) of the Town and Country Planning (Scotland) Act 1972.

The Building Restrictions (War-Time Contraventions) Act 1946 (c. 35)

In section 8(5), in paragraph (c), after the word " 1947 " there shall be inserted the words

or of paragraph 28 of Schedule 22 to the Town and Country Planning (Scotland) Act 1972,

and the words " under Part II of that Act" shall be omitted ; and at the end of paragraph (d) there shall be added the words

or by paragraph 28 of Schedule 22 to the Town and Country Planning (Scotland) Act 1972.

The Town and Country Planning (Scotland) Act 1947 (c. 53)

In section 44(1), for the words " this Part of this Act" there shall be substituted the words

Part VI of the Town and Country Planning (Scotland) Act 1972.

The Civil Aviation Act 1949 (c. 67) In section 30—

(a)in subsection (1), for the words from "arbitration" to " 1944" and the words " paragraph 2 of that Schedule " there shall be substituted respectively the words

Lands Tribunaland "section 227(2), (3), (5) and. (6) of the Town and Country Planning (Scotland) Act 1972 " ;

(b)in subsection (2), from the beginning to the words "in respect of" there shall be substituted the words—

(2)Subsections (2), (3), (5) and (6) of the said section 227 shall have effect for the purposes of this section as if, in paragraph (c) of subsection (2) of that section, the words ' is under section 226(2) of this Act, and' were omitted, and as if, at the end of that paragraph, there were inserted the following paragraph:—

' (d) in respect of ' " and for the words " sub-paragraph (4) thereof " there shall be substituted the words

subsection (6) of that section

. In section 64(6)(b), for the words "section fifty" and " 1945" there shall be substituted respectively the words

section 267and " 1972 ". In Schedule 4—

(a)in paragraph 4, for the words from " the First Schedule " to " this Part" there shall be substituted the words

section 225 of the Town and Country Planning (Scotland) Act 1972 shall have effect as if any reference in that section to section 222 of that Act, or to the section under which the order is proposed to be made, included a reference to this Part;

(b)in paragraph 8, for the words from " the First Schedule" to "this Part" there shall be substituted the words

section 225 of the Town and Country Planning (Scotland) Act 1972 shall have effect as if any reference in that section to section 224 of that Act, or to the section under which the order is proposed to be made, included a reference to this Part.

The Building (Scotland) Act 1959 (c. 24)

Section 17(2) shall be amended as follows:—

(a)for paragraph (b) there shall be substituted the following paragraph—

(b)subject to a building preservation notice under section 56 of the Town and Country Planning (Scotland) Act 1972;

(b)in paragraph (c), for the words " section 28 of the Town and Country Planning (Scotland) Act 1947 " there shall be substituted the words

section 52 of the said Act of 1972;

(c)after the words "Act of 1931 " there shall be inserted the words

the said Act of 1972.

The Town and Country Planning (Scotland) Act 1959 (c. 70)

For section 27(5)(b) there shall be substituted the following paragraph:—

(b)to section 113 of the Town and Country Planning (Scotland) Act 1972

In Schedule 4, in paragraph 2, for the words "the Town and Country Planning (Scotland) Act 1947" there shall be substituted the words

the Town and Country Planning (Scotland) Act 1972.

.

The Airports Authority Act 1965 (c. 16)

In section 17(6), for the words "Section 128 of the Town and Country Planning Act 1971 " there shall be substituted the words

Section 118 of the Town and Country Planning (Scotland) Act 1972. In section 18 of the said Act of 1965 (as amended by the Civil Aviation Act 1971) for the words set out in the first column below there shall be substituted the words set out opposite to them in the second column below:—

"section 20 of the Act of 1947 ""sections 153 and 154 of the Act of 1972"
" section 18(1) of the Act of 1947 ""section 158 of the Act of 1972 "
" Schedule 5, paragraph 1, of the Act of 1947 ""section 226(1) of the Act of 1972 "
" section 18(3) of the Act of 1947 ""section 176(2) of the Act of 1972 "
" section 17 of the Act of 1947 ""section 169 of the Act of 1972 "
" the said section 20 ""the said section 153 "
" section 19 of the Act of 1947 (in both places) "" section 42 of the Act of 1972 "
" section 17(1B) or (2) of the Act of 1947 ""section 170(2) or 175(1) of the Act of 1972"
"section 43 of the Town and Country Planning (Scotland) Act 1954 "

"section 157 of the Act of 1972 "

"Part II of the Act of 1947 "" Part III of the Act of 1972 "

and in section 18(5), for the words "'the Act of 1947' means the Town and Country Planning (Scotland) Act 1947 " there shall be substituted the words

' the Act of 1972' means the Town and Country Planning (Scotland) Act 1972

. In section 19(1), for the words "section 113(1) of the Town and Country Planning (Scotland) Act 1947 " there shall be substituted the words

section 275(1) of the Town and Country Planning (Scotland) Act 1972.

The Gas Act 1965 (c. 36)

In section 4(7), for the words "the Town and Country Planning (Scotland) Acts 1947 to 1963 " and " section 32 of the Town and Country Planning (Scotland) Act 1947 " there shall be substituted respectively the words

the Town and Country Planning (Scotland) Act 1972and " section 37 of that Act ". In section 28(1)—

(a)in the definition of " local planning authority", for the words " section 2 of the Town and Country Planning (Scotland) Act 1947 " there shall be substituted the words

section 1 of the Town and Country Planning (Scotland) Act 1972;

(b)in the definition of " planning permission ", for the words "Part III of the Town and Country Planning (Scotland) Act 1947 " there shall be substituted the words

Part III of the Town and Country Planning (Scotland) Act 1972. In Schedule 3—

(a)in paragraph 7(2), for the word " 1947" there shall be substituted the word

1972;

(b)in paragraph 9(a), for the words " section 19 of the Town and Country Planning (Scotland) Act 1954 ", " Part II of the said Act of 1954 " and " sections 23 and 24 of the said Act of 1954" there shall be substituted respectively the words

section 135 of the Town and Country Planning (Scotland) Act 1972, "Part VII of the said Act of 1972 " and " sections 35 and 36 of the said Act of 1972 ".

The Building Control Act 1966 (c. 27)

In section 6(1)(a), after the words " Part I of the Control of Office and Industrial Development Act 1965" there shall be inserted the words

or section 72 of the Town and Country Planning (Scotland) Act 1972.

The Housing (Scotland) Act 1966 (c. 49)

In section 18, in subsection (1), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a)in relation to which a building preservation notice served under section 56 of the Town and Country Planning (Scotland) Act 1972 is in force, or

(b)which is a listed building within the meaning of section 52(7) of that Act

and, in subsection (2), for paragraphs (a) and (b) there shall be substituted the following paragraphs—.

(a)subject to a building preservation notice served under the said section 56, or

(b)a listed building within the meaning of the said section 52(7).

The Local Government (Scotland) Act 1966 (c. 51)

In section 9(5), for the words " the Town and Country Planning (Scotland) Act 1947 " there shall be substituted the words

the Town and Country Planning (Scotland) Act 1972

. In section 10(4), for the words " the Town and Country Planning (Scotland) Act 1947 " there shall be substituted the words

the Town and Country Planning (Scotland) Act 1972

. In section 25(3)(c), for the words from " of a building " to " notified " there shall be substituted the words

of a building preservation notice as defined by section 56 of the Town and Country Planning (Scotland) Act 1972 or are included in a list compiled or approved under section 52 of that Act or are notified

. In section 41, for the words "the Town and Country Planning (Scotland) Act 1947 " there shall be substituted the words

the Town and Country Planning (Scotland) Act 1972.

The Land Commission Act 1967 (c. 1)

In section 15, for the words set out in the first column below (in each place where they occur in that section) there shall be substituted the words set out opposite to them in the second column below—:

" the Scottish Act of 1945 "" the Act of 1972 "
" section 21 ""section 117"
" section 24 "" sections 219 and 220 "
" Schedule 4 "" sections 226(2) and 227 "
"section 35 of the Scottish Act of 1947 ""section 102"
" subsection (1) of the said section 24 ""section 219(1)"
" section 86 of the Scottish Act of 1947"" section 259 "

In section 58(3), for the words "section 113(1) of the Scottish Act of 1947 " there shall be substituted the words

section 275(1) of the Act of 1972. In section 89(6)(b), for the words "section 113(1) of the Scottish Act of 1947 " there shall be substituted the words

section 275(1) of the Act of 1972. In section 99—

(a)in subsection (1), after the words "' the Act of 1971 ' means the Town and Country Planning Act 1971 " there shall be inserted the words

' the Act of 1972' means the Town and Country Planning (Scotland) Act 1972;

(b)in subsection (2)(6), for the words from " Part I" to the end of the paragraph there shall be substituted the words

any of paragraphs 1, 2, 3 and 5 to 9 of Schedule 6 to the Act of 1972, as read with Part III of that Schedule; and

(c)in subsection (8), for the words from "section 113(1)" to " 1959 (interpretation) " there shall be substituted the words

and section 275(1) (interpretation) of the Act of 1972

. In Schedule 15, in paragraph (viii), for the words "section 12(5) of the Town and Country Planning (Scotland) Act 1947 " there shall be substituted the words

section 31 of the Town and Country Planning (Scotland) Act 1972

. In Schedule 16, in Part II, for the words "section 27 of the Scottish Act of 1945" there shall be substituted the words

section 118 of the Act of 1972

and for the words " said section 27 " there shall be substituted the words

said section 118.

The Forestry Act 1967 (c. 10)

In section 9(4)(d), for the words " the Town and Country Planning (Scotland) Act 1947" there shall be substituted the words

the Town and Country Planning (Scotland) Act 1972

. In section 35, for the words " section 26 of the Town and Country Planning (Scotland) Act 1947 " there shall be substituted the words

section 58 of the Town and Country Planning (Scotland) Act 1972

. In Schedule 3, in paragraph 2, for the words " section 13 of the Town and Country Planning (Scotland) Act 1947" and "the said section 13 " there shall be substituted respectively the words

section 32 of the Town and Country Planning (Scotland) Act 1972

and " the said section 32 " ; and in paragraph 3, for the words " the Town and Country Planning (Scotland) Act 1947 " there shall be substituted the words

the Town and Country Planning (Scotland) Act 1972.

The Agriculture Act 1967 (c. 22)

In section 50(3)(b), for the words." section 113(1) of the Town and Country Planning (Scotland) Act 1947 " there shall be substituted the words

section 275(1) of the Town and Country Planning (Scotland) Act 1972

. In section 52(2)(g), for the words " the Town and Country Planning (Scotland) Act 1947" there shall be substituted the words

the Town and Country Planning (Scotland) Act 1972.

The Civic Amenities Act 1967 (c. 69)

In section 28(4)—

(a)in subsection (2) (as substituted for Scotland), for the words from

Subsections (4)

to "entry)" there shall be substituted the words

Subsections (1) to (5) of section 266 of the Scottish Planning Act,

and for the words " subsection (7) of the said section 99 " there shall be substituted the words

subsections (4) and (5) of the said section 266;

(b)in subsection (3) (as substituted for Scotland), for the words

100 to 102

there shall be substituted the words

267 to 270,

and the words from " other than " to " section 100 " shall be omitted. In section 30(1), for the words

'the Scottish Planning Act' means the Town and Country Planning (Scotland) Act 1947

there shall be substituted the words

' the Scottish Planning Act' means the Town and Country Planning (Scotland) Act 1972.

The Public Expenditure and Receipts Act 1968 (c. 14)

In Schedule 3, for paragraph 7(a) there shall be substituted:—

(a)The Town and Country Planning (Scotland) Act 1972 section 134(9).

The Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

In section 14(2), for the words "section 34, 35 or 39(3) of the Town and Country Planning (Scotland) Act 1947" there shall be substituted the words

section 102 or 110 of the Town and Country Planning (Scotland) Act 1972.

The Town and Country Planning (Scotland) Act 1969 (c. 30)

In section 59, after the words "listed building" there shall be inserted the words

(as defined by section 52 of the Town and Country Planning (Scotland) Act 1972).

The Transport Act 1968 (c. 73)

In section 108—

(a)in subsection (2), for the words " section 31 of the Town and Country Planning (Scotland) Act 1947 ", " the said Act of 1947" and "the said section 31" there shall be substituted respectively the words

section 63 of the Town and Country Planning (Scotland) Act 1972, "the said Act of 1972 " and " the said section 63 " ;

(b)in subsection (3), for the words " the said Act of 1947 " there shall be substituted the words

the Town and Country Planning (Scotland) Act 1947

. In section 112(3)(d). for the words "section 31 of the Town and Country Planning (Scotland) Act 1947 " there shall be substituted the words

section 63 of the Town and Country Planning (Scotland) Act 1972

. In section 139(1)(b) and (c), for the words " section 17 of the Town and Country Planning (Scotland) Act 1947 ", " section 38 of the Town and Country Planning (Scotland) Act 1959 " and " section 41 of the said Act of 1959 " there shall be substituted respectively the words

section 169, 177 or 178 of the Town and Country Planning (Scotland) Act 1972,

" section 182 of the said Act of 1972 " and " section 185 of the said Act of 1972 ". In section 141(2), for the words "section 113(1) of the Town and Country Planning (Scotland) Act 1947" there shall be substituted the words

section 275(1) of the Town and Country Planning (Scotland) Act 1972.

The Post Office Act 1969 (c. 48)

In section 58, for the words set out in the first column below there shall be substituted the words set out opposite to them in the second column below:—

"Subsections (4) to (6) and subsection (9) of section 99 of the Town and Country Planning (Scotland) Act 1947 ""Sections 265(8) and 266(1) to (3) and (6) of the Town and Country Planning (Scotland Act 1972"
"the said section 99""the said section 265"
" section 99(4)"" section 266(1)"
" section 99(9)""section 265(8)"

In Schedule 4—

(a)in paragraph 92(1), for the words from " section 70(1)" to "undertakers)" and for the words "section 113(1) of the Act of 1947" there shall be substituted respectively the words

section 212(1) of the Town and Country Planning (Scotland) Act 1972

and " section 211 of that Act "; and in paragraph 92(2), for the words " The said section 70 " there shall be substituted the words

The said section 212.

(6)in paragraph 93(1), sub-paragraphs (iii), (vi), (xvi) and (xxxii) shall be omitted and after sub-paragraph (xxxiii) there shall be inserted— (xxxiv) sections 19, 37, 45, 46, 108(2), 117, 118, 119, 138, 154(3), 170, 171, 172, 175, 181, 195(6), 199(2), 202(3), 205, 212, 214 to 230, 233(7), 242 and 266(6)(b) of, and Schedules 8 and 9, paragraphs 1 to 3 of Schedule 17, and Schedule 18 to, the Town and Country Planning (Scotland) Act 1972

(c)in paragraph 93(2), sub-paragraphs (a), (d), (h) and (r) shall be omitted and after sub-paragraph (s) there shall be inserted—

(t)sections 195(6), 214 to 230 and 266(6)(b) of, and Schedule 8 and paragraph 4 of Schedule 18 to, the Town and Country Planning (Scotland) Act 1972.

(d)in paragraph 93(4), sub-paragraphs (a), (b) and (i) shall be omitted and after sub-paragraph (j) .there shall be inserted—

(k)sections 138(3), 154(3) and 214 to 230 of, and Schedule 8 to, the Town and Country Planning (Scotland) Act 1972

In Schedule 9—.

(a)in paragraph 27, for the words set out in the first column below (in each place where they occur in that paragraph) there shall be substituted the words set out opposite to them in the second column below:—

" Parts VII and XII of the Town and Country Planning Act 1971 "" Parts VII and XII of the Town and Country Planning (Scotland) Act 1972 "
" Section 78 of the Town and Country Planning Act 1971""Section 76 of the Town and Country Planning (Scotland) Act 1972"
" Section 34 of the Town and Country Planning Act 1971""Section 31 of the Town and Country Planning (Scotland) Act 1972"
" Minister of Housing and Local Government ""Secretary of State"
"section 70 of the Town and Country Planning (Scotland) Act 1969""section 212 of the Town and Country Planning (Scotland) Act 1972"
" the Town and Country Planning (Scotland) Act 1947 "" the Town and Country Planning (Scotland) Act 1972"
" sections 66 and 67 of the Town and Country Planning (Scotland) Act 1969 "" sections 38 and 39 of the Town and Country Planning (Scotland) Act 1972 "
" Subsections (5) and (7) of section 43 of the Town and Country Planning Act 1971"" Subsections (5) and (7) of section 40 of the Town and Country Planning (Scotland) Act 1972"
" sections 41 and 42 of that Act"" sections 38 and 39 of that Act"

(b)in paragraph 28, for the words set out in the first column below there shall be substituted the words set out opposite to them in the second column below:—

"section 83 of the Town and Country Planning (Scotland) Act 1947 ""section 253 of the Town and Country Planning (Scotland) Act 1972"
" section 36 of the Town and Country Planning (Scotland) Act 1959 ""section 24 of the said Act of 1972 "
"the said Act of 1947" (in paragraph 28(2))" the said Act of 1972 "

(c)in paragraph 29, for the words " section 72(1) of the Town and Country Planning (Scotland) Act 1947 " and " section 15 of the Town and Country Planning (Scotland) Act 1969 " there shall be substituted respectively the words

paragraph 28 of Schedule 22 to the Town and Country Planning (Scotland) Act 1972and " section 84 of the said Act of 1972 ".

The Civil Aviation Act 1971 (c.75)

In section 14—

(a)in subsection (6), for the words " section 220 ", " Act 1971 " and " section 209 " there shall be substituted respectively the words

section 209, "(Scotland) Act 1972" and " section 198 " ;

(b)in subsection 7, for the words " Section 128 " and " Act 1971 " there shall be substituted respectively the words

Section 118and " (Scotland) Act 1972 ". In section 17, for the words set out in the first column below there shall be substituted the words set out opposite to them in the second column below:—

"section 18 or 20 of or paragraph 1 of Schedule 5 to the Town and Country Planning (Scotland) Act 1947"" section 153, 154, 158, 176(2) or 226(1) of the Town and Country Planning (Scotland) Act 1972 "
" the said section 20 "" the said section 153 "
" section 19 of the said Act of 1947 ""section 42 of the said Act of 1972 "
" section 43 of the Town and Country Planning (Scotland) Act 1954 "" section 157 of the said Act of 1972 "
" section 17 of the said Act of 1947 ""section 169 of the said Act of 1972 "
"subsection (1B) or (2) of the said section 17"" section 170(2) or 175(1) of the said Act of 1972 "
" the said section 19 "" the said section 42 "
" Part II of the said Act of 1947""Part III of the said Act of 1972 ".

In Schedule 5—

(a)in paragraph 5, sub-paragraphs (a), (d), (j), (n) and (cc) shall be omitted and alter paragraph (ff) there shall be inserted—

(gg)sections 19, 37, 45, 46, 108(2), 117, 118, 119, 138, 154(3), 170, 171, 172, 175, 181, 195(6), 198(3)(b), 199(2), 202(3), 205, 212, 214 to 230, 233(7), 242, 266(6)(b) of, and Schedules 8 and 9, paragraphs 1 to 3 of Schedule 17, and Schedule 18 to, the Town and Country Planning (Scotland) Act 1972;

(b)in paragraph 6, sub-paragraphs (a), (c), (e) and (m) shall be omitted and after paragraph (ri) there shall be inserted—

(o)section 195(6), 214 to 230 and 266(6)(b) of, and Schedule 8 and paragraph 4 of Schedule 18 to, the Town and Country Planning (Scotland) Act 1972;

(c)in paragraph 7, sub-paragraphs (a), (b) and (h) shall be omitted and after paragraph (i) there shall be inserted—

(j)sections 138(3), 154(3) and 214 to 230 of, and Schedule 8 to, the Town and Country Planning (Scotland) Act 1972;

(d)in paragraph 9, for the words " section 70 of the Town and Country Planning (Scotland) Act 1969", "the Town and Country Planning (Scotland) Act 1947 " and " Section 71(2) of the said Act of 1969 " there shall be substituted respectively the words

section 212 of the Town and Country Planning (Scotland) Act 1972, " that Act" and " Section 214(2)(b) of the said Act of 1972 ".

The Local Employment Act 1972 (c.5)

In section 16(3), for paragraph (b) there shall be substituted—

(b) subsection (8) of section 265 and subsections (1) to (4) and (6) of section 266 of the Town and Country Planning (Scotland) Act 1972,

and for the words " 99 respectively " there shall be substituted the words

265 respectively

. In section 17(3), for the words " 12(4)" and " 1947" there shall be substituted respectively the words

65(1)

and " 1972 ". In section 21(1), in the definition of "industrial building", for the words from " section 21 " to the end of the definition there shall be substituted the words

section 64 of the Town and Country Planning (Scotland) Act 1972.

The Town and Country Planning (Amendment) Act 1972 (c. )

For section 9 there shall be substituted the following section:—

9(1)This section applies to all buildings other than—

(a)listed buildings, and

(b)excepted buildings within the meaning of section 56(2) of the Town and Country Planning (Scotland) Act 1972 (hereinafter in this Act referred to as "the Act of 1972") (buildings, that is to say, excepted from the power of local planning authorities to serve building preservation notices in respect of non-listed buildings).

(2)If it appears to a local planning authority that, in the interests of preserving the character or appearance of any part of their district which is for the time being a conservation area, there should be power to control the demolition of the buildings therein to which this section applies, or any one or more of those buildings, they may direct that the buildings or building in question be subject to control under this section; and while such a direction is in force as respects any building, the provisions of the Act of 1972 specified in Part I of Schedule 3 to this Act shall have effect in relation to the building subject to and in accordance with the provisions of that Part.

(3)A local planning authority making a direction under subsection (2) above shall forthwith submit it to the Secretary of State for confirmation, and the Secretary of State may confirm the direction in the form in which it is submitted to him, confirm it subject to the exclusion of any building or buildings specified in the confirmation, or refuse to confirm it.

(4)A direction under subsection (2) above shall come into force on the day on which it is confirmed by the Secretary of State or, if it contains a declaration by the local planning authority that it is expedient that it should have immediate effect, on the day on which it is made.

(5)A local planning authority may by a direction made under this subsection, which shall not require confirmation by the Secretary of State but shall take effect on the day on which it is made, revoke any direction under subsection (2) above, or vary any such direction so as to exclude any building or buildings therefrom.

(6)Where a building to which a direction under subsection (2) above relates becomes a listed building or ceases to be in a conservation area, the direction shall cease to be in force as respects that building ; and, in the case of a direction containing such a declaration as is mentioned in subsection (4) above—

(a)if during the period of six months beginning with the date on which the direction is made the Secretary of State notifies the local planning authority that he does not propose to confirm it, the direction shall cease to be in force as from the day on which the notification is' received by them,

(b)if during that period the Secretary of State confirms the direction subject to the exclusion of a specified building or buildings, the direction shall thereupon cease to be in force as respects that building or those buildings,

(c)if neither of the above paragraphs applies, the direction shall cease to be in force at the end of that period unless the Secretary of State has by then confirmed it in the form in which it was submitted to him.

(7)The provisions of Part II of Schedule 3 to this Act shall have effect for the purpose of supplementing the preceding provisions of this section.

(8)The preceding provisions of this section and the said Schedule 3 shall be construed as one with the Act of 1972. In section 10(1), for the words "or, in Scotland, section 1 of the Civic Amenities Act 1967" there shall be substituted the words

or section 262 of the Act of 1972. For Schedule 3 there shall be substituted the following Schedule :—

1Section 53 of the Town and Country Planning (Scotland) Act 1972 (hereinafter referred to as " the Act of 1972 ") (requirement of consent of local planning authority or Secretary of State to works affecting listed buildings) shall apply in relation to any works for the demolition of the building as if it were a listed building, but with the omission of subsections (2)(b) and (3); and subsections (3), (5) and (6) of section 54 of that Act and Parts I and II of Schedule 10 thereto (supplementary) shall apply accordingly in relation to listed building consent for any such works, but—

(a)with the said subsection (3) modified by the substitution, for the reference to the desirability of preserving the building or any features of special architectural or historic interest which it possesses, of a reference to the desirability of preserving the character or appearance of the conservation area, and

(b)with the omission from the said Parts I and II of paragraph 5, paragraph 6, sub-paragraphs (2) and (3)(6) of paragraph 7 and paragraph 10.

2Sections 92 to 95 of the Act of 1972 (listed building enforcement notices) shall apply in relation to the building as if it were a listed building, but—

(a)with section 92(1) modified by the substitution, for the words

the character of the building as one of special architectural or historic interest, of the words " the character or appearance of the conservation area in which the building is situated ",

(b)with section 93(1) modified by the substitution of the following for paragraph (a)—

" (a) that power to control the demolition of the building is not necessary in the interests of preserving the character or appearance of the conservation area in which it is situated ",

and

(c)with the omission from section 93(5) of paragraphs (b) and (c).

3Section 161 of the Act of 1972 (compensation) shall have effect on the revocation or modification as mentioned in subsection (1) of that section of any listed building consent granted in respect of the building ; and section 179 of that Act and Schedule 17 thereto (listed building purchase notices) shall have effect where listed building consent in respect of the building is refused, granted subject to conditions, revoked or modified as mentioned in subsection (1) of the said section 179.

4If the building is Crown land, section 253(1)(6) of the Act of 1972 shall have effect with respect to the application of any provision thereto by virtue of this Part of this Schedule. Part II Supplementary

5On the confirmation by the Secretary of State of any direction made under subsection (2) of section 9 of this Act by a local planning authority, or the making by any local planning authority of a direction under subsection (5) of that section, a copy of the direction and confirmation or of the direction, as the case may be, certified by the clerk of the authority to be a true copy, shall be deposited by that authority with the clerk of any local authority in whose district any building to which the direction relates is situated. In this paragraph "local authority" means a county council or the town council of a burgh.

6Every local authority with whom a copy of any direction is deposited under paragraph 5 above shall compile and keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing particulars of any building in their district to which the direction relates.

7A local planning authority making a direction under subsection (2) of the said section 9 containing such a declaration as is mentioned in subsection (4) of that section shall forthwith serve on every person who is an owner, lessee or occupier of any building to which the direction relates a notice stating that the direction has been made and explaining its effect, and, on being notified by the Secretary of State of his decision with respect to confirmation of the direction, shall forthwith notify every such person of the decision and where any direction under the said subsection (2) not containing such a declaration is confirmed by the Secretary of State, or a direction is made under subsection (5) of the said section 9, the local planning authority making the direction shall forthwith serve on every person who is an owner, lessee or occupier of any building affected by the direction a notice stating that the direction has been made and confirmed or, as the case may be, made, and (unless it is a direction under the said subsection (5)) explaining its effect.

8(1)If a direction under subsection (2) of the said section 9 containing such a declaration as is mentioned in subsection (4) of that section ceases to be in force as respects any building by virtue of paragraph (a), (b) or (c) of subsection (6) of that section, then, subject to a claim in that behalf being made to the local planning authority within the prescribed time and in the prescribed manner, any person who at the time when the direction was made had an interest in the building shall be entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the direction.

(2)The loss or damage in respect of which compensation is payable under sub-paragraph (1) above shall include a sum payable in respect of a breach of contract caused by the necessity of countermanding any works to the building on account of the direction being in force with respect thereto.

9(1)The following provisions of this paragraph shall have effect where any direction under sub-paragraph (2) of the said section 9 ceases to be in force as respects any building, but, in the case of sub-paragraph (4), not where the direction ceases to be in force by reason of the building becoming a listed building.

(2)The fact that the direction has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 53 or 94 of the Act of 1972 committed by him with respect to the building while the direction was in force.

(3)Any proceedings on or arising out of an application for listed building consent made while the direction was in force shall lapse, and any listed building consent granted with respect to the building while the notice was in force shall also lapse.

(4)Any listed building enforcement notice served by the local planning authority while the direction was in force shall cease to have effect, and any proceedings thereon under sections 92 and 93 of the Act of 1972 shall lapse, but section 95(1) and (2) of that Act shall continue to have effect as respects any expenses incurred by the local authority, owner, lessee or occupier as therein mentioned and with respect to any sums paid on account of such expenses.

Schedule 22Transitional Provisions and Savings

Part IGeneral Provisions

1(1)In so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision in this Act, it shall not be invalidated by the repeal but shall have effect as if done under that provision.

(2)Sub-paragraph (1) of this paragraph applies, in particular, to any order, regulation, rule, development plan or amendment or alteration of a development plan, application, objection, representation, determination, decision, reference, appeal, declaration, agreement, arrangement, claim or apportionment made, payment made or recovered, report or proposal submitted, list or amendment of a list compiled or made, permission granted, consent, approval 01 authorisation given, certificate, permit, information or direction issued or given, enforcement or other notice or copy served, published or registered, inquiry held, delegation effected, register kept and requirement imposed.

(3)In relation to any permission which (whether by virtue of an enactment repealed by this Act or otherwise) was deemed to be granted under an enactment repealed by this Act, sub-paragraph (1) of this paragraph shall apply as it applies to permission granted under such an enactment.

(4)Sub-paragraph (1) of this paragraph shall not apply to any regulations or order revoked as from the commencement of this Act in the exercise of the powers conferred by section 28 of this Act.

2Without prejudice to section 276 of, and Schedule 2: to, this Act, where any Act (whether passed before, or in the same Session as this Act) or any document refers, either expressly or by implication, to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

3Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof lad been. in force when that period began to run.

4Without prejudice to paragraph 1 of this Schedule, my reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or omitted to be done, or to an' event which has occurred, under or for the purposes of or by reference to or in contravention of any provisions of this Act shall, except where the context otherwise requires, be construed as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to or in contravention of the corresponding provisions of the enactments repealed by this Act.

5(1)Nothing in this Act shall affect the enactments repealed thereby in their operation in relation to offences committed before the commencement of this Act.

(2)Where an offence, for the continuance of which a penalty was provided, has been committed under an enactment repealed by this Act, proceedings may be taken under this Act in respect of the continuance of the offence after the commencement of this Act, in the same manner as if the offence had been committed under the corresponding provision of this Act.

6(1)Any reference in this Act to an order or scheme made or confirmed under an enactment which is not repealed by, and re-enacted (with or without modifications) in, this Act, shall be construed as a reference to any order or scheme so made or confirmed whether before or after the commencement of this Act.

(2)Without prejudice to sub-paragraph (1) of this paragraph, any reference in this Act to an order or scheme made or confirmed under an enactment contained in the New Towns (Scotland) Act 1968, or under any other such enactment as is mentioned in that sub-paragraph, shall be construed as including a reference to any order or scheme made or confirmed under any corresponding provisions of an enactment repealed by the said Act of 1968, or repealed by the enactment in question, as the case may be.

Part IICentral and Local Administration

Transfer of property and officers to local planning authorities

7Nothing in this Act shall affect, or be treated as having affected, the operation of any regulations made by virtue of section 97 of the Act of 1947 (provisions for transfer of property and officers to local planning authorities and for other matters consequential upon or supplementary to section 2 of that Act) in so far as any such regulations do not have effect in accordance with paragraph 1 of this Schedule.

Part IIIDevelopment Plans

Effect of existing commencement orders

8(1)In relation to so much of any order made under section 104 of the Act of 1969 (commencement) as brings into operation any of the provisions of that Act specified in the Table below, paragraphs 1 and 2 of this Schedule shall have effect subject to this paragraph.

(2)So far as the order brings any of the said provisions into operation it shall have effect as if it were an order made under section 18(2) of this Act repealing the provisions of this Act set out opposite to the first-mentioned provisions in the said Table.

(3)Any transitional provision made by the order in connection with any of the said provisions of the Act of 1969 which it brings into operation shall be construed so as to produce a corresponding effect in connection with the provisions of this Act which by virtue of this paragraph it is treated as repealing.

Table

Provision of Act of 1969 brought into operationProvision of this Act treated as repealed
In Schedule 9, paragraph 4.In Schedule 4, paragraphs 2, 3, 4 and 6.
In Schedule 9, paragraph 34.In Schedule 4, paragraph 8.
In Schedule 11, the repeal of sections 3 to 9 of the Act of 1947.In Schedule 4, paragraph 9, and in Schedule 3, the corresponding provision.
In Schedule 11, the repeal of section 33 of the Act of 1947.In Schedule 4, paragraph 5.
In Schedule 11, the repeal of the definition of " development plan" in section 113(1) of the Act of 1947.In Schedule 4, paragraph 7.

Part IVGeneral Planning Control

Planning permission: general

9Subsection (1) of section 20 of this Act applies (subject to the provisions of that section) to the carrying out of development whether before or after the commencement of this Act, except that it does not apply to development carried out on or before the appointed day.

10In sections 23 and 24 of this Act references to an application for planning permission do not include references to any application made before 16th August 1959.

11Subsection (2)(b) of section 23, and the other provisions of that section relating to subsection (2)(b), do not apply to any application made before 18th May 1970.

12Where by virtue of the proviso to subsection (3) of section 3 of the Town and Country Planning (Amendment) Act 1951 (works for making good war damage which were begun between the appointed day and 13th December 1950) any works were, immediately before the commencement of this Act, treated for the purposes of that Act as if planning permission had been granted unconditionally in respect thereof, those works shall be so treated for the purposes of this Act also.

Review of planning decisions and orders under Part V of Act of 1954

13For the purposes of paragraph 1 of this Schedule, any direction given under section 47(3) or (4) of the Act of 1954, whether before or (by virtue of paragraph 66 of this Schedule) after the commencement of this Act, as well as any direction given under section 23 of that Act, shall be treated as a direction which could have been given under section 35 of this Act.

Duration of planning permission

14Sections 38 and 39 of this Act do not apply to planning permissions granted or deemed to have been granted before 8th December 1969.

15(1)Subject to sub-paragraph (2) of this paragraph, every planning permission granted or deemed to have been granted before 8th December 1969 shall, if the development to which it relates had not been begun before the beginning of 1969, be deemed to have been granted subject to a condition that the development must be begun not later than the expiration of five years beginning with 8th December 1969.

(2)Sub-paragraph (1) of this paragraph does not apply—

(a)to any planning permission which was granted or deemed to be granted before 8th December 1969 subject to an express condition that the development to which it relates should be begun, or be completed, not later than a specified date or within a specified period ; or

(b)to any such planning permission as is mentioned in section 38(3) of this Act.

16(1)Subject to sub-paragraph (2) of this paragraph, where before 8th December 1969 outline planning permission (as defined by section 39 of this Act) has been granted for development consisting in or including the carrying out of building or other operations, and the development has not been begun before the beginning of 1969, that planning permission shall be deemed to have been granted subject to conditions to the following effect—

(a)that, in the case of any reserved matter (as defined in that section), application for approval must be made not later than the expiration of three years beginning with 8th December 1969 ; and

(b)that the development to which the permission relates must be begun not later than whichever is the later of the following dates—

(i)the expiration of five years from 8th December 1969 ; or

(ii)the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

(2)Sub-paragraph (1) of this paragraph does not apply to any planning permission granted before 8th December 1969 subject to an express condition that the development to which it relates should be begun, or be completed, or that application for approval of any reserved matter should be made, not later than a specified date or within a specified period.

17(1)In sections 27(3), 40(1), (5), (6) and (7), 41 and 43(6) of this Act references to sections 38 and 39 of this Act shall respectively include references to paragraphs 15 and 16 of this Schedule.

(2)In sections 136(3), 158(7), 169(4) and 226(5) of this Act references to the conditions referred to in sections 38 and 39 of this Act shall include references to the conditions referred to in paragraphs 15 and 16 of this Schedule.

18Until the coming into operation of the first regulations to be made for the purposes of paragraph (c) of section 40(3) of this Act (or the corresponding enactment previously in force), regulations made for the purposes of section 99(2) of the Land Commission Act 1967 shall have effect as if made also for the purposes of that paragraph.

Part VAdditional Control in Special Circumstances

Buildings of architectural or historic interest

19Section 53(1) of this Act does not apply to any works executed or caused to be executed before 3rd August 1970.

20(1)Where, before 3rd August 1970, consent under a building preservation order was given, either by the local planning authority or by the Secretary of State on appeal, for the execution of any works, the consent shall operate in respect of those works as listed building consent, subject to the same conditions (if any) as were attached to the consent under the building preservation order.

(2)In the case of demolition works for which consent was given under a building preservation order compliance with section 53(2)(6) of this Act shall not be required.

Replacement of trees

21Section 57 of this Act does not apply in relation to planning permission granted before 28th August 1967.

Industrial development

22(1)So much of sections 64 to 70 of this Act as corresponds to provisions of the Industrial Development Act 1966 does not apply in relation to any application for planning permission made, or any industrial development certificate issued, before 19th August 1966; and so much of those sections as corresponds to provisions of the Local Employment Act 1960 does not apply in relation to any application for planning permission made before 1st April 1960.

(2)Section 68(3)(b) of this Act does not apply to any industrial development certificate issued before 1st April 1969.

(3)In relation to an application for planning permission made before 1st April 1960, " industrial building " has the meaning assigned to it in section 15 of the Distribution of Industry Act 1945.

(4)In relation to a relevant application (as defined in subsection (4) of section 66 of this Act) on which a planning decision was made before 5th August 1965, that section shall have effect as if it contained provisions corresponding to those of section 19 of the Local Employment Act 1960 without the amendments made by section 21 of the Control of Office and Industrial Development Act 1965.

23Without prejudice to Part I of this Schedule, any order in force at the commencement of this Act under section 19 of the Control of Office and Industrial Development Act 1965 shall have effect as an order under section 67 of this Act, and section 66 of this Act shall accordingly have effect subject to the provisions of that order.

Office development

24(1)Sections 72 and 73 of this Act do not apply to any application for planning permission made before 5th August 1965.

(2)Section 76 of this Act does not apply to any planning permission granted before 5th August 1965 and, in relation to any planning permission granted on or after 5th August 1965 and before 8th December 1969, shall have effect as if it contained provisions corresponding to section 7 of the Control of Office and Industrial Development Act 1965 (so far as applicable to such a permission) without the amendments made by section 85 of the Act of 1969.

(3)Section 74(2) of this Act does not apply to any application for planning permission made before 8th December 1969 and sections 77 and 78 of this Act do not apply to any planning permission granted before 8th December 1969.

25Without prejudice to Part I of this Schedule, any order in force at the passing of this Act under section 2(7) of the Control of Office and Industrial Development Act 1965 shall have effect as an order under subsection (8) of section 73 of this Act, and subsection (7) of that section shall accordingly have effect subject to the provisions of that order.

Part VIEnforcement of Control

Enforcement notices under enactments in force before 8th December 1969

26(1)This paragraph applies to any enforcement notice which was served before 8th December 1969 on the owner, lessee and occupier of the land to which it related under section 21 of the Act of 1947 or to which paragraph 27 or 28 of this Schedule applies.

(2)In relation to any such notice—

(a)the provisions of this Act (other than this Schedule) shall not apply ;

(b)notwithstanding their repeal or amendment by the Act of 1969, the provisions of the Act of 1947 and of any other Act passed before the Act of 1969 shall, subject to the subsequent provisions of this Schedule, have effect as they would have had effect in relation to the notice if the Act of 1969 and this Act had not been passed.

(3)Nothing in this paragraph shall prevent the withdrawal, on or after 8th December 1969, of an enforcement notice so served or the service thereafter of an enforcement notice under Part V of this Act.

Enforcement notices served by virtue of section 72 of Act of 1947

27(1)This paragraph applies to any enforcement notice served before the commencement of this Act by virtue of section 72 of the Act of 1947 (which related to development contravening planning control under the enactments repealed by that Act), being a notice which had not ceased for all purposes to have effect before the commencement of this Act.

(2)The repeal by this Act of the said section 72 shall not invalidate any enforcement notice to which this paragraph applies.

28In so far as an enforcement notice could, if this Act had not been passed, have been served by virtue of section 72 of the Act of 1947 at a time on or after the date of the commencement of this Act, in respect of any works or use of land of a description to which that section applied, there shall subsist by virtue of this paragraph a corresponding power in the like circumstances to serve an enforcement notice (to the like effect as that which could have been so served) in respect of those works or that use of land.

29(1)Where an enforcement notice served by virtue of paragraph 28 of this Schedule, was or is served in respect of any works being government war works within the meaning of the Requisitioned Land and War Works Act 1945, then, subject to the following provisions of this paragraph—

(a)if the steps required by the notice have been taken by the owner, lessee or occupier of the land, any expenses reasonably incurred in that behalf shall be recoverable from the authority by whom the notice was served ;

(b)where the steps required by the notice have been taken by that authority, the authority shall not be entitled, under section 22 of the Act of 1947, to recover the expenses incurred by them in that behalf.

(2)Where under section 2(1)(b) of the Compensation (Defence) Act 1939 compensation has been paid equal to the full cost (as estimated for the purposes of that compensation) of taking the steps required by the enforcement notice, sub-paragraph (1) of this paragraph shall not apply.

(3)Where compensation has been paid in respect of the land, being either compensation under the said section 2(1)(b) but not equal to the full cost (as so estimated) of taking those steps, or being compensation under section 3(4) of that Act, the amount which by virtue of sub-paragraph (1) of this paragraph is recoverable from the authority by whom the enforcement notice was served, or, as the case may be, is not recoverable by that authority, shall be reduced so far as may be just having regard to the compensation so paid.

30(1)The power of a local planning authority under Part III of this Act to grant planning permission for the retention on land of buildings or works constructed or carried out before the date of application, or for the continuance of a use of land instituted before that date, shall include power to grant such permission in respect of any buildings or other works, or use of land, in respect of which that authority are empowered to serve an enforcement notice by virtue of paragraph 28 of this Schedule.

(2)Where permission is so granted, paragraphs 27 to 29 of this Schedule shall cease to apply to the works or use to which the permission relates, but without prejudice to the application thereto of any provisions of Part V of this Act with respect to the contravention of conditions subject to which planning permission has been granted.

31Where in pursuance of paragraph 76(3) of this Schedule permission is granted for the retention on land of works, or the continuance of a use, authorised as mentioned in the said paragraph 76(3), such of the provisions of paragraphs 27 to 30 of this Schedule as (apart from this paragraph) would be applicable thereto shall cease to apply to those works or that use, but without prejudice to the application thereto of any provisions of Part V of this Act with respect to the contravention of conditions subject to which planning permission has been granted.

32The repeal by this Act of section 72 of the Act of 1947 shall not affect the operation of any regulations made under subsection (8) of that section (which enabled provision to be made by regulations for applying the provisions of that section to contraventions, committed before the appointed day, of restrictions under enactments other than those relating to town and country planning) or of the provisions of that section as applied by any such regulations.

Enforcement of building preservation orders

33The repeal by the Act of 1969 of section 27 of the Act of 1947 shall not prevent a local planning authority from taking such proceedings as could have been taken but for the repeal to enforce any building preservation order made under that section and for securing the restoration of a building to its former state ; and in relation to any such proceedings the provisions of the order, and of any provisions of the Act of 1947 incorporated therein, shall continue to have the same effect as if the Act of 1969 had not been passed.

Enforcement of duties as to trees

34Subsection (3) of section 99 of this Act shall not have effect in relation to a notice served under that section before 8th December 1969, but in relation to such a notice subsection (5)(b) of section 14 of the Civic Amenities Act 1967 shall apply in the form in which it was originally enacted.

Part VIIAcquisition of Land etc.

Consent of Minister to acquisition, appropriation or disposal of land

35Nothing in Part I of this Schedule shall be construed as validating any transaction whereby a local authority purported, in the exercise of a power conferred by an enactment repealed by this Act, but without the consent of the Minister then required by that enactment—

(a)to acquire land by agreement in pursuance of a contract made before 16th August 1959 ; or

(b)to appropriate or dispose of land before that date, notwithstanding that the transaction could have been validly effected without that consent under the corresponding provisions of Part VI of this Act.

Existing compulsory purchase orders

36(1)Sections 102 and 103 of this Act shall not apply, and (notwithstanding their repeal by the Act of 1969) sections 34 and 35 of the Act of 1947 shall continue to apply to any land the acquisition of which was, immediately before 8th December 1969, authorised by a compulsory purchase order made by a local authority or statutory undertakers or by a Minister, or was then proposed to be authorised by such an order which had not been confirmed by a Minister or, as the case may be, had been prepared in draft by a Minister, but with respect to which a notice had then been published in accordance with paragraph 3(a) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

(2)The validity of a compulsory purchase order made under section 34 ,35 or 38 of the Act of 1947 shall not be affected by the' repeal by the Act of 1969 of the section under which the order was made; and a compulsory purchase order made (but not confirmed), or made in draft, before the repeal of that section took effect may be confirmed or made thereunder as if the Act of 1969 had not been passed.

37The repeals effected by this Act shall not affect the validity of any order authorising the compulsory acquisition of any land—

(a)under section 34(2) of the Act of 1947 (which enabled the Minister of Works or the Postmaster-General, during the period before a development plan had become operative with respect to any area, to be authorised in certain circumstances to acquire land compulsorily);

(b)under section 35(2) of that Act (which enabled certain local authorities, during any such period, to be authorised in certain circumstances to acquire land compulsorily); or

(c)under subsection (3) of section 35 of that Act in a case where the power conferred by that subsection was exercisable in lieu of the exercise of the power conferred by subsection (2) thereof,

or of any notice served or other thing done in pursuance of any such order.

38Any compulsory purchase order made or confirmed under Part I of the Act of 1945 (whether before or after the appointed day) shall, if in force immediately before the commencement of this Act, continue in force and shall have effect as if it had been made under the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as applied by Part VI of this Act.

Application of Part VI to land acquired or authorised to be acquired under previous enactments

39The provisions of Part VI of this Act shall have effect in relation to land acquired, or authorised to be acquired, in pursuance of any such order as is mentioned in paragraph 37 of this Schedule as if—

(a)in the case of land acquired, or authorised to be acquired, by a local authority, the land had been acquired, or authorised to be acquired, by that local authority under section 102 of this Act;

(b)in the case of land acquired, or authorised to be acquired, by a Minister, the land had been acquired, or authorised to be acquired, by that Minister under section 103 of this Act.

40For the purposes of Part VI of this Act—

(a)any land acquired by a local authority in pursuance of a compulsory purchase order under Part I of the Act of 1945 shall be deemed to have been acquired under section 102 of this Act;

(b)any land acquired by a Minister in pursuance of any such order shall be deemed to have been acquired by him under section 103 of this Act;

(c)any land acquired by a local authority by agreement under the Act of 1945 shall be deemed to have been acquired under section 109 of this Act.

41The reference in subsection (1) of section 122 of this Act to the acquisition of land under section 102 or 109 of this Act shall include a reference to the acquisition of land under section 35 or 37 of the Act of 1947; and the reference in that subsection to the appropriation of land for purposes for which land can be or could have been acquired under the provisions there mentioned is a reference to the appropriation of land for those purposes whether before or after the commencement of this Act.

Provisions as to Central Land Board

42Section 117 of this Act shall have effect in relation to land acquired by the Central Land Board under section 40 of the Act of 1947 as it has effect in relation to land acquired by a local authority for planning purposes (as defined by section 122(1) of this Act).

Part VIIICompensation Under Part VII of this Act

Compensation under Part V of Act of 1954

43(1)Subject to the following provisions of this paragraph, for the purposes of the construction of sections 147 to 150 of this Act in accordance with Part I of this Schedule, any compensation (whether by way of principal or interest) under Part V of the Act of 1954, and any claim for, or notice registered in respect of, any such compensation, as well as any compensation under Part II of that Act, or any claim for, or notice registered in respect of, compensation under the said Part II, shall be treated as compensation or, as the case may be, a claim for, or a notice registered in respect of compensation, under provisions of that Act corresponding to those of Part VII of this Act.

(2)For the purposes of the construction of section 147 of this Act in accordance with sub-paragraph (1) of this paragraph in relation to Part V of the Act of 1954, any reference to a planning decision shall be construed as including a reference to an order under section 19 of the Act of 1947.

(3)Where compensation under Part V of the Act of 1954 became or becomes payable in respect of an order modifying planning permission, then (notwithstanding anything in the preceding provisions of this paragraph) the provisions of sections 148 and 150 of this Act shall not apply to development in accordance with that permission as modified by the order.

Provision excluding recovery of compensation

44For the purposes of the construction, in accordance with Part I of this Schedule, of section 149(4) of this Act—

(a)the provisions of section 54(6) of the Act of 1954 as originally enacted ; and

(b)those provisions as applied by any regulations made under section 54(8) of that Act,

as well as the provisions of the said section 54(6) as amended by section 49 of the Act of 1959, shall be treated as provisions corresponding to those of section 244 of this Act;

Part IXCompensation Under Part VIII of this Act

Compensation to statutory undertakers

45Subsection (3) of section 154 of this Act shall not apply where the refusal or grant of planning permission referred to in subsection (1)(c) of that section was before 8th December 1969.

Contribution by Secretary of State towards compensation

46For the purposes of the construction of section 156(1) of this Act in accordance with Part I of this Schedule, any compensation which could have been claimed and would have been payable under Part V of the Act of 1954, as well as any compensation which could have been claimed and would have been payable under Part II of that Act, shall be treated as compensation which could have been claimed and would have been payable under provisions of that Act corresponding to the provisions of Part VII of this Act.

Recovery of compensation

47For the purposes of the construction of section 157(3) of this Act in accordance with Part I of this Schedule, any grant paid—

(a)under the provisions of the section substituted by section 52 of the Act of 1954 for section 89 of the Act of 1947, but without the amendments made by the Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 or the Local Government (Scotland) Act 1966 ; or

(b)under the provisions of Part IX of the Act of 1947 as originally enacted,

as well as any grant paid under the provisions of the said section 89 shall be treated as a grant paid under provisions corresponding to those of Part XIII of this Act.

Part XBlight Notices

Notices served before 8th December 1969 or 18th May 1970

48In relation to a notice served under section 38 of the Act of 1959 before 8th December 1969 or (in the case of such a notice served by a heritable creditor) 18th May 1970, and to any hereditament or agricultural unit which is the subject of the notice, sections 183 to 196 of this Act shall, on and after that date, have effect as if they contained the provisions in Part IV of and Schedule 5 to the Act of 1959 without any of the amendments made by Part IV of the Act of 1969.

Temporary inclusion of additional description of blighted land

49(1)For the purposes of the application of sections 181 to 196 of this Act to an area to which this paragraph applies—

(a)the description of land contained in section 38(1)(b) of the Act of 1959 shall be included among the specified descriptions as defined in section 181(6) of this Act; and

(6)in sections 182(3) and 195(2) of this Act references to paragraph (b) of section 181(1) of this Act shall include references to the said section 38(1)(b).

(2)This paragraph applies to any area for which no local plan is in force under Part II of this Act—

(a)allocating any land in the area for the purposes of such functions as are mentioned in section 18I(1)(a) of this Act; or

(b)defining any land in the area as the site of proposed development for the purposes of any such functions.

Part XIHighways

Provisions as to telegraphic lines

50(1)In relation to an order made under section 46 of the Act of 1947 before 1st October 1969 or, as the case may be, an order under section 22 of the Act of 1945 in respect of which the notice required by Schedule 6 to the Act of 1947 was published before that date, section 209(1), (2) and (3) of this Act shall have effect as if references to a telegraphic line belonging to or used by the Post Office were references to a telegraphic line belonging to or used by the Postmaster-General.

(2)Where the period referred to in paragraph (a) of subsection (3) of section 209 of this Act began to run before, and was current on, the said date, that paragraph shall have effect as if the reference to notice having been given by the Post Office before the end of that period included a reference to notice having been so given by the Postmaster-General, and paragraph (c) of that subsection shall have effect as if the reference to the Post Office included a reference to the Postmaster-General.

Part XIIStatutory Undertakers

Application of ss. 214 to 220 to matters arising before 8th December 1969

51(1)This paragraph shall have effect as respects the application, by virtue of Part I of this Schedule, of the provisions of this Act hereinafter specified in relation to matters arising before 8th December 1969 (in this paragraph referred to as " the relevant date ").

(2)In relation to any application for planning permission made before the relevant date or any appeal from the decision on an application so made, section 214 of this Act shall have effect as if it contained provisions corresponding to paragraph 1(1) of Schedule 5 to the Act of 1947 and as if subsection (2)(b) were omitted.

(3)In relation to any decision made before the relevant date, section 215 of this Act shall have effect as if it contained provisions corresponding to paragraph 2(1)(a) of the said Schedule 5.

(4)In relation to any order of which notice has been given under paragraph 3(2) of the said Schedule 5 before the relevant date, section 216. of this Act shall have effect as if it contained provisions corresponding to the said paragraph 3(2).

(5)In relation to any order of which notice has been given under paragraph 4(2) of the said Schedule 5 before the relevant date, section 217. of this Act shall have effect as if it contained provisions corresponding to the said paragraph 4(2).

(6)In relation to a compulsory purchase order made or confirmed before the relevant date, section 218 of this Act shall have effect as if it contained provisions corresponding to section 42(4)(6) of the Act of 1947.

(7)In relation to any order made before the relevant date under section 24 of the Act of 1945, section 220 of this Act shall have effect as if it contained provisions corresponding to section 24(7) of the Act of 1945.

Extinguishment of rights: notices served before 8th December 1969

52In relation to a notice served before 8th December 1969, section 219(1) of this Act shall have effect with the omission—

(a)of the words from " if satisfied " to " appropriated " ; and

(b)of the words from " of twenty-eight days " to " as may be ".

Application of section 219 to land acquired by Central Land Board

53In section 219(1) of this Act, the reference to land acquired by a Minister, a local authority or statutory undertakers under Part VI of this Act shall be construed as including a reference to land acquired by the Central Land Board under Part IV of the Act of 1947, as well as to land acquired under the said Part IV by a Minister, a local authority or statutory undertakers.

Right to compensation for decisions made before 8th December 1969

54In its application, by virtue of Part I of this Schedule, to a decision made before 8th December 1969, section 226 of this Act shall have effect as if for subsection (l)(a) there were substituted provisions corresponding to paragraph 1(a) or (b) of Schedule 4 to the Act of 1945 and as if subsection (5) contained a proviso corresponding to paragraph 2(2) of Schedule 5 to the Act of 1947.

Enactments applying section 24 of Act of 1945

55(1)This paragraph shall have effect for .the purposes of any enactment which applies the provisions of section 24 of the Act of 1945 with adaptations consisting of or including adaptations of the references in that section to a purchasing authority or to the purchasing or appropriating authority.

(2)Any such enactment shall be construed (in accordance with Part I of this Schedule or section 38 of the Interpretation Act 1889) as applying the provisions of section 219 and section 226(2) of this Act with corresponding adaptations of the references in those provisions to a Minister, a local planning authority or statutory undertakers, or to the acquiring or appropriating authority, as the case may require.

Part XIIIValidity of Planning Decisions etc.

Orders made and action taken before 16th August 1959

56(1)Notwithstanding anything in Part I of this Schedule, the provisions of section 231 of this Act shall not have effect in relation to—

(a)any order made before 16th August 1959 under any of the provisions of the Act of 1947 corresponding to the provisions of this Act under which the orders mentioned in subsection (2) of that section can be made; or

(b)any action on the part of the Secretary of State taken before the said 16th August under any of the provisions of that Act or of the Act of 1954 corresponding to the provisions of this Act under which action of the descriptions mentioned in subsection (3) of that section can be taken,

and section 233 does not apply to any such order or action as is mentioned in this sub-paragraph.

(2)In relation to any action which, in accordance with any provisions of the Act of 1947 corresponding to provisions of Part XI of this Act, was required to be taken by the Secretary of State and the appropriate Minister, the reference in sub-paragraph (1) of this paragraph to the Secretary of State shall be construed as a reference to the Secretary of State and the appropriate Minister.

57Section 234 of this Act does not apply to any decision of the Secretary of State made before 16th August 1959 under any of the provisions of the Act of 1947 corresponding to the provisions of this Act mentioned in subsection (2) of that section.

Directions under Part V of Act of 1954

58For the purposes of the construction, in accordance with Part I of this Schedule, of section 231(3)(c) of this Act (but without prejudice to paragraph 56(1) of this Schedule) any directions given on or after 16th August 1959 by the Secretary of State under section 47(3) or (4) of the Act of 1954, as well as any direction given by the Secretary of State on or after that day under section 23 of that Act, shall be treated as a direction given under provisions of that Act corresponding to the provisions of section 35 of this Act.

Part XIVFinancial Provisions

Grants

59Nothing in this Act shall affect the payment (whether before or after the commencement of this Act) of any grant in respect of any period before the commencement of this Act.

60Section 237 of this Act does not apply to any year earlier than the year ending on a date in 1968.

Recovery of sums from acquiring authorities

61(1)In relation to any acquisition or sale of an interest in land in pursuance of a notice to treat served, or contract made, before 30th October 1958—

(a)section 244 of this Act shall not apply ;

(b)the repeals effected by this Act shall not affect any right of recovering any sum in respect thereof under the provisions of section 54(6) of the Act of 1954 as originally enacted, or under those provisions as applied by regulations made under section 54(8) of that Act.

(2)Subject to sub-paragraph (1) of this paragraph, section 244 of this Act shall have effect in relation to interests in land acquired or sold as therein mentioned whether before or after the commencement of this Act; and for the purposes of the construction of that section in accordance with Part I of this Schedule, any notice recorded under the provisions of section 29 of the Act of 1954 as applied by Part V of that Act, as well as any notice recorded under those provisions as applied by Part IV of that Act, shall be treated as a notice recorded under provisions of that Act corresponding to the provisions of this Act referred to in section 244 of this Act, and references in that section to compensation specified in a notice shall be construed accordingly.

62Section 245 of this Act shall have effect in relation to interests in land acquired or sold as therein mentioned whether before or after the commencement of this Act, except that it shall not have effect in relation to any acquisition or sale in pursuance of a notice to treat served, or contract made, before 13th August 1947.

Treatment of sums received under section 248(4) before 1st April 1968

63Any sums received by the Secretary of State before 1st April 1968 by virtue of the provisions re-enacted in the provisions mentioned in section 248(4) of this Act shall be treated as paid in satisfaction, or part satisfaction, of such one or more of the instalments payable under subsections (2) and (3) of that section as the Treasury may determine.

Part XVSpecial Cases

Minerals

64In relation to any time before 10th April 1966, section 252 of this Act shall have effect as if for references to the Mines (Working Facilities and Support) Act 1966 there were substituted references to the Mines (Working Facilities and Support) Act 1923 ; and accordingly regulations made before that date which are in force at the commencement of this Act under section 78 of the Act of 1947, shall have effect as if made under the said section 252 and as if, in relation to any time on or after the said 10th April, references in them to the said Act of 1923 were references to the corresponding provisions of the said Act of 1966.

National Coal Board

65Until the coming into operation of the first regulations made under section 259 of this Act after 8th December 1969 the provisions of the Act of 1947 applied by regulations under section 86(1) of that Act in relation to the National Coal Board and land of that Board shall have effect as so applied as if Part XI of this Act contained provisions corresponding to the Act of 1947 without the amendments made by sections 70 to 72 of the Act of 1969.

Part XVIMiscellaneous and Supplementary

Rights and liabilities in respect of certain payments

66(1)The repeals effected by this Act shall not affect any right to, or claim for, or any liability in respect of, any payment under an enactment to which this paragraph applies ; and any such right, claim or liability shall have effect and may be enforced, and moneys in respect of any such payment shall be applicable or may be raised, in accordance with the provisions of the enactment in question (including the provisions of any other enactment which, immediately before the commencement of this Act, had effect for the purposes of that enactment) as if this Act had not been passed, and any direction or proceedings relating thereto may' be given, brought or continued accordingly.

(2)This paragraph applies to the following enactments, that is to say—

(a)Parts I and V of the Act of 1954 ;

(b)section 54(1) to (5) of that Act;

(c)the scheme made under section 56 of the Act of 1947 ;

(d)any other enactment which (if contained in an Act) was not repealed by, and re-enacted (with or without modifications) in this Act or (if not contained in an Act) has effect otherwise than by virtue of an enactment so repealed and re-enacted

(3)Without prejudice to the preceding provisions of this paragraph, any proceedings relating to any such claim as is mentioned in section 124(1) of this Act may be brought or continued, and shall be determined in accordance with the relevant provisions (that is to say, the provisions of the Act of 1947 and of Schedule 1 to the Act of 1954 and any other enactment having effect for the purposes thereof) as if this Act had not been passed.

(4)Sub-paragraph (1) of this paragraph shall have effect in relation to any such right, claim or liability as is therein mentioned notwithstanding that, immediately before the commencement of this Act, the right, claim or liability had not yet accrued or been made or become enforceable, as the case may be. Provided that, in relation to any such claim which had not been made before the commencement of this Act, so much of that sub-paragraph as provides that the claim shall have effect in accordance with the provisions therein mentioned shall be construed as providing that the claim may be made in accordance with those provisions, and, when made, shall have effect accordingly.

Registration of payments under s. 58 of Act of 1954

67(1)The repeals effected by this Act shall not affect the operation of subsection (1) of section 58 of the Act of 1954, in so far as that subsection would have continued to have effect if this Act had not been passed.

(2)In subsection (1) of the said section 58, the references to subsection (7) of section 54 of that Act and to paragraph (a) of the proviso to that subsection shall be construed as including references respectively to subsection (1) and to subsection (2) of section 245 of this Act.

Entitlement to, and amount of, compensation etc. in cases arising before 25th February 1963

68Notwithstanding Part I of this Schedule, the following provisions of this Act, that is to say, sections 157(4), 158(3)(c) and (6), in section 169(2) the words "or which would contravene the condition set out in Schedule 16 to this Act", section 169(3), section 263(1) to (4), paragraph 14 of Schedule 6 and Schedule 16 do not affect—

(a)any determination arising out of a notice to treat served before 25th February 1963, or served at any time in respect of a purchase notice or notice under section 38(2) of the Act of 1959 (or any corresponding enactment previously in force) which was served before that date;

(b)any other determination under the Act of 1947 in respect of or arising out of a purchase notice served before that date;

(c)any claim for compensation under section 18(1) or 20 of the Act of 1947 (or any corresponding enactment previously in force) which arose before that date.

Definition of " local authority "

69For the purposes of the construction, in accordance with Part I of this Schedule, of any enactment which incorporates the definition of " local authority " in the Act of 1947, section 204 and the reference to it in section 275(1) of this Act shall be disregarded.

Saving for powers of Post Office

70Except as provided by section 209 of this Act. nothing in the provisions of this Act specified in Part I of Schedule 19 to this Act or in any order or regulations made thereunder shall affect any powers or duties of the Post Office under the provisions of the Telegraph Acts 1863 to 1916 or apply to any telegraphic lines (within the meaning of the Telegraph Act 1878) placed or maintained by virtue of any of the provisions of those Acts.

Saving in respect of works below high-water mark

71Nothing in the provisions of this Act specified in Part I of Schedule 19 to this Act shall authorise the execution of any works (whether of construction, demolition or alteration) on, over or under tidal lands below high-water of ordinary spring tides, except—

(a)with the consent of any persons whose consent would have been required if this Act had not been passed ; and

(b)in accordance with such plans and sections, and subject to such restrictions and conditions as may be approved by the Board of Trade or the Secretary of State before the works are begun.

Land Compensation (Scotland) Act 1963 s. 39

72Any reference in this Act to the power conferred by section 39 of the Land Compensation (Scotland) Act 1963 to withdraw a notice to treat shall, in relation to any notice to treat falling within section 48 of that Act, be construed as a reference to the corresponding power conferred by section 5(2) of the Acquisition of Land (Assessment of Compensation) Act 1919.

References to Ministers: previous Transfer of Functions Orders

73(1)Where the functions of a Minister under any enactment re-enacted or referred to in this Act have at any time been exercisable by another Minister or other Ministers, references in the relevant provision of this Act shall, as respects any such time, be construed as references to the other Minister or Ministers.

(2)In this paragraph " Minister " includes the Board of Trade and the Treasury.

Schemes and agreements under enactments repealed by Act of 1947

74(1)The repeal effected by this Act shall not affect the operation of—

(a)any such scheme as was mentioned in paragraph 6 of Schedule 10 to the Act of 1947 (which related to certain schemes made under the Town and Country Planning (Scotland) Act 1932 and the Town Planning (Scotland) Act 1925) in so far as, by virtue of that paragraph, the scheme continued to have effect immediately before the commencement of this Act; or

(b)any order made under that paragraph (which empowered the Minister to make provision by order for winding up any such scheme) in so far as the order continued to have effect immediately before the commencement of this Act.

(2)Any power to make orders under paragraph 6 of that Schedule shall continue to be exercisable notwithstanding the said repeal.

75(1)The repeal effected by this Act shall not affect the operation of any such agreement as was mentioned in paragraph 10 of Schedule 10 to the Act of 1947 (which related to certain agreements made before the appointed day for restricting the planning, development or use of land), or of any order discharging or modifying a restriction imposed by such an agreement, in so far as any such agreement or order was in force immediately before the commencement of this Act; and any such agreement may be enforced as if this Act had not been passed.

(2)Nothing in any such agreement shall be construed as restricting the exercise, in relation to land to which the agreement applies, of any powers exercisable by any Minister or authority under this Act, so long as those powers are exercised in accordance with the provisions of the development plan, or in accordance with any directions which may have been given by the Secretary of State by virtue of paragraph 5 of Schedule 4 to this Act, or as requiring the exercise of any such powers otherwise than in accordance with such provisions or directions.

(3)If the Secretary of State is satisfied, on application made to him by any person being a party to any such agreement, or a person entitled to land affected thereby, that any restriction on the development or use of the land imposed by the agreement is inconsistent with the proper planning or development of the area comprising the land, he may by order discharge or modify that restriction so far as appears to him to be expedient.

(4)Without prejudice to sub-paragraph (3) of this paragraph, if any person being a party to any such agreement (whether as originally made or as modified under that sub-paragraph), or a person entitled to land affected thereby, claims that the agreement ought to be modified or rescinded, having regard to the provisions of this Act or to anything done under this Act or under the Act of 1947, he may refer to arbitration the question whether the agreement should be so modified or rescinded, and the arbiter may make such award as appears to him to be just having regard to all the circumstances.

Development authorised under enactments repealed by Act of 1947

76(1)Where any works on land existing at the appointed day. or any use to which land was put on that day, had been authorised by a permission granted subject to conditions under a scheme under the Town and Country Planning (Scotland) Act 1932 (or under an enactment repealed by that Act) or under an order made under section 10(1) of that' Act (in the subsequent provisions of this Schedule referred to as "a planning scheme" and "an interim development order ") the provisions of Parts III and V of this Act, the provisions of Part IX of this Act relating to purchase notices, and the provisions of sections 214 to 217 of this Act, shall apply in relation to those works or that use as if the conditions had been imposed on the grant of planning permission.

(2)Without prejudice to the generality of sub-paragraph (1) of this paragraph, where any such permission was granted subject to conditions (in whatever form) restricting the period for which the works or use might be continued on the land, then, if that period had not expired at the appointed day and the works were or are not removed, or the use discontinued, at the end of that period, the provisions of Part V of this Act relating to enforcement notices shall apply in relation thereto as if the works had been carried out, or the use begun, as the case may be, at the end of that period and without the grant of planning permission in that behalf.

(3)The power of a local planning authority under Part III of this Act to grant permission for the retention on land of buildings or works constructed or carried out before the date of the application, or the continuance of any use of land instituted before that date, shall include power to grant such permission in respect of any works or use authorised by a permission granted subject to any such conditions as are mentioned in sub-paragraph (2) of this paragraph.

(4)Where at any time before the appointed day it was determined under the Building Restrictions (War-Time Contraventions) Act 1946 that any works on land or any use of land should be deemed to comply with planning control (within the meaning of that Act) subject to any conditions specified in the determination, the provisions of this paragraph shall apply in relation to those works or that use as if those conditions had been imposed on the grant of permission under a planning scheme or an interim development order.

(5)Provision may be made by regulations under this Act for applying the preceding provisions of this paragraph, subject to such adaptations and modifications as may be specified in the regulations, to works on land carried out, or uses of land begun, at any time before the appointed day, in accordance with permission granted subject to conditions under any enactment repealed by the Act of 1947, other than the enactments relating to town and country planning; and for the purposes of this provision any works or use in respect of which a notice was served under subsection (1) of section 1 of the Restriction of Ribbon Development (Temporary Development) Act 1943 or was deemed by virtue of subsection (4) of that section to have been so served, shall be treated as carried out or begun in accordance with permission granted subject to a condition restricting the period for which the works or use might be continued on the land.

77(1)Where permission for any development of land was granted, at any time after 10th November 1943 and before the appointed day, on an application in that behalf made under an interim development order, then, if and so far as that development was not carried out before the appointed day and the permission was in force immediately before that day, planning permission shall be deemed to have been granted in respect thereof subject to the like conditions (if any) as were imposed by the permission under the interim development order as it had effect immediately before the appointed day:

Provided that this sub-paragraph shall not apply in relation to any development for which permission was required before the appointed day under the Restriction of Ribbon Development Act 1935 unless that permission was also granted.

(2)The provisions of section 42 of this Act shall apply in relation to planning permission which is deemed to have been granted by virtue of this paragraph as if it had been granted on an application under Part III of this Act; and, in relation to any order made under that section for the revocation or modification of any such permission, any reference in section 153(3) of this Act to the grant of permission shall be construed as a reference to the grant of the permission under the interim development order.

(3)Where permission for any development of land was granted as mentioned in sub-paragraph (1) of this paragraph, and permission for that development was also granted under the Restriction of Ribbon Development Act 1935 then, if the permission so granted under the said Act of 1935 was granted subject to conditions, those conditions shall be treated for the purposes of this paragraph as conditions imposed by the permission granted under the interim development order.

78(1)Where any works for the erection or alteration of a budding had been begun but not completed before the appointed day, then if—

(a)immediately before that day those works could have been completed in conformity with the provisions of a planning scheme or of permission granted thereunder, or in accordance with permission granted by or under an interim development order; and

(b)where any permission was required under the Restriction of Ribbon Development Act 1935 for the carrying out of those works, that permission was granted, planning permission shall be deemed to have been granted in respect of the completion of those works.

(2)The planning permission deemed to have been granted by virtue of this paragraph shall be deemed to have been so granted subject to any conditions applicable thereto under the scheme or the permission granted by or under the interim development order, as the case may be, and to any conditions imposed by the permission (if any) granted under the Restriction of Ribbon Development Act 1935 and shall include permission to use the building, when erected or altered—

(a)where the purpose for which it could be so used was prescribed by or under the planning scheme, or by the permission granted by or under the interim development order, as the case may be, for that purpose ;

(b)in any other case, for the purpose for which the building, or the building as altered, was designed.

(3)In relation to any such works as are mentioned in sub-paragraph (1) of this paragraph, being works in respect of which permission was granted after 10th November 1943, on an application in that behalf made under an interim development order, the provisions of this paragraph shall have effect in substitution for the provisions of paragraph 77 of this Schedule.

79(1)Any reference in Part VII of this Act, or in Schedule 13 thereto, to a planning decision shall, where the context so admits, include a reference to any decision deemed to have been made by virtue of the provisions of paragraph 77 or paragraph 78 of this Schedule.

(2)Sub-paragraph (1) of this paragraph shall have effect without prejudice to the provisions of Part I of this Schedule.

Supplementary

80(1)Where in this Act (including this Schedule except Part I thereof) express provision is made in respect of any matter, the provisions of Part I of this Schedule, in so far as they are applicable to that matter, shall have effect subject to that express provision.

(2)Except as provided by sub-paragraph (1) of this paragraph, the mention in any provisions of this Act (including this Schedule except Part I thereof) of any matter to which Part I of this Schedule is applicable shall not be construed as affecting the generality of the provisions of Part I of this Schedule.

Schedule 23Repeals

ChapterShort TitleExtent of Repeal
8 & 9 Geo. 6. c. 33.The Town and Country Planning (Scotland) Act 1945.The whole Act.
10&11 Geo. 6. c. 53.The Town and Country Planning (Scotland) Act 1947.

Sections 1 to 43. Section 44(2).

Section 46 except subsection (8).

Sections 47 to 108.

Section 109(2) to (6).

Sections 110 to 112.

Section 113(2) to (4).

Schedules 1 to 7.

In Schedule 8, the entry relating to the Town and Country Planning (Scotland) Act 1945.

Schedules 9 to 11.

12 & 13 Geo. 6. c. 32.The Special Roads Act 1949.Section 9(2) and (4).
12&13Geo.6. c. 67.The Civil Aviation Act 1949.

Section 30(5).

In Schedule 4, paragraph 10(a).

14 Geo. 6. c 39.The Public Utilities Street Works Act 1950.In Schedule 5, the entry relating to the Town and Country Planning (Scotland) Act 1947.
14 & 15 Geo. 6. e. 19.The Town and Country Planning (Amendment) Act 1951.The whole Act.
14 & 15 Geo. 6. c. 160.The Mineral Workings Act 1951.Section 31. Section 43(3).
1 & 2 Eliz. 2. c. 16.The Town and Country Planning Act 1953.The whole Act.
2 & 3 Eliz. 2. c. 73.The Town and Country Planning (Scotland) Act 1954.Sections 1 to 54. Sections 56 to 68. Section 70. Schedules 1 to 9.
5 & 6 Eliz. 2. c. 20.The House of Commons Disqualification Act 1957.In Schedule 1, in Part II, the words "A Planning Inquiry Commission constituted under Part VI of the Town and Country Planning (Scotland) Act 1969" and the words "A Joint Planning Inquiry Commission constituted under Part VI of the Town and Country Planning (Scotland) Act 1969".
7 & 8 Eliz. 2. c. 70.The Town and Country Planning (Scotland) Act 1959.

Sections 1 to 13. Sections 17 to 22. Sections 31 to 43. Section 49.

Section 50 except subsection (4).

Sections 51 to 53.

Section 55, except subsections

(1)(a) and (3). Schedules 1 to 3. Schedules 5 and 6. Schedule 7, except the entry

relating to section 55 of the

Town and Country Planning

(Scotland) Act 1954. Schedules 8 and 9.

8 & 9 Eliz. 2. c. 18.The Local Employment Act 1960.Sections 16 to 22. Section 26(1) and (3).
8 & 9 Eliz. 2. c. 62.The Caravan Sites and Control of Development Act 1960.Sections 21 and 22.
1963 c. 17.The Town and Country Planning Act 1963.The whole Act.
1965 c. 16.The Airports Authority Act 1965.Section 17(7)(d).
1965 c. 33.The Control of Office and Industrial Development Act 1965.The whole Act.
1966 c. 4.The Mines (Working Facilities and Support) Act 1966.In Schedule 2, paragraph 3.
1966 c. 34.The Industrial Development Act 1966.

Part III.

Section 31(3).

In Schedule 3, in Part II, the entry relating to section 17 of the Local Employment Act 1960, and Part III.

1966 c. 51.The Local Government (Scotland) Act 1966.Section 8.
1967 c. 69.The Civic Amenities Act 1967.

Section 1.

Section 3.

Section 6.

Section 8.

Section 11.

Part II except section 15(2).

In section 28(1), paragraph (a) and, in paragraph (c), the words "section 6, section 14".

In section 30(1), the definition of " the Scottish Planning Act of 1969 ".

1968 c. 13.The National Loans Act 1968.Section 11.
1968 c. 41.The Countryside Act 1968.Sections 25 and 26.
1969 c. 30.

The Town and Country Planning (Scotland) Act 1969.

Sections 1 to 27.

Section 28 except paragraph (b).

Sections 29 to 31.

Sections 33 to 38.

Sections 40 to 57.

Sections 60 to 97.

Sections 99 to 101.

Section 102(a). Section 105. Section 107. Section 108(2). Schedules 1 to 9. Schedule 10 except paragraph 11.

Schedule 11.

1969 c. 48.The Post Office Act 1969.

In Schedule 4, paragraphs 37, 42 and 92(3).

In Schedule 9, in paragraph 27, in each of sub-paragraphs (7), (9) and (15), the words from " In the application " to the end of the sub-paragraph.

1970 c. 43.The Trees Act 1970.Section 1.
1971 c. 18.The Land Commission (Dissolution) Act 1971.In Schedule 2, paragraphs 3 and 4 and Appendix B.
1971 c. 62.The Tribunals and Inquiries Act 1971.In Schedule 3, the entries relating to the Town and Country Planning (Scotland) Act 1959 and the Town and Country Planning (Scotland) Act 1969.
1971 c. 75.The Civil Aviation Act 1971.

In section 14(9), in paragraph (c), the words from " and for " to the end of the paragraph, and paragraph (d).

In Schedule 5, paragraph 9(3).

1972 c. 5.The Local Employment Act 1972.In Schedule 3, the entry relating to the Local Employment Act 1960.
1972 c. 42.The Town and Country Planning (Amendment) Act 1972.Sections 7(2) and 12(1)(b).

Schedule 24General Vesting Declarations

Part IGeneral Provisions

Execution of general vesting declarations

1(1)Where a compulsory purchase order authorising an acquiring authority to acquire any land has come into operation, the authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form (in this Schedule referred to as " a general vesting declaration ") vesting the land in themselves as from the end of such period as may be specified in the declaration (not being less than twenty-eight days) from the date on which the service of notices required by paragraph 4 below is completed.

(2)A general vesting declaration shall contain a particular description of the lands affected or a description by reference of those lands in the manner provided by section 61 of the Conveyancing (Scotland) Act 1874.

2(1)Before making a general vesting declaration with respect to any land which is subject to a compulsory purchase order, the acquiring authority shall include in the notice of the making or confirmation of the order which is required to be published or served by paragraph 6 of Schedule 1 to the Acquisition Act 1947 or any other provision of the relevant enactments corresponding to that paragraph, or in a notice given subsequently and before the service of the notice to treat in respect of that land—

(a)such a statement of the effect of paragraphs 1 to 8 of this Schedule as may be prescribed; and

(b)a notification to the effect that every person who, if a general vesting declaration were made in respect of all the land comprised in the order in respect of which notice to treat has not been given, would be entitled to claim compensation in respect of any such land is invited to give information to the authority making the declaration in the prescribed form with respect to his name and address and the land in question.

(2)The requirements of the relevant enactments with respect to the publication and service of a notice of the making or confirmation of a compulsory purchase order shall apply to a notice under this paragraph given subsequently to the first-mentioned notice.

3A general vesting declaration shall not be executed before the end of the period of two months beginning with the date of the first publication of the notice complying with paragraph 2(1) above, or such longer period, if any, as may be specified in the notice:

Provided that, with the consent in writing of every occupier of any of the land specified in the declaration, the acquiring authority may execute a general vesting declaration before the end of that period of two months, or of the longer period so specified, as the case may be.

4As soon as may be after executing a general vesting declaration, the acquiring authority shall serve—

(a)on every occupier of any of the land specified in the declaration (other than land in which there subsists a short tenancy or a long tenancy which is about to expire); and

(b)on every other person who has given information to the authority with respect to any of that land in pursuance of the invitation published and served under paragraph 2(1) above,

a notice in the prescribed form specifying the land and stating the effect of the declaration.

5For the purposes of this Schedule, a certificate by the acquiring authority that the service of notices required by paragraph 4 above was completed on a date specified in the certificate shall be conclusive evidence of the fact so stated.

Effect of general vesting declaration

6At the end of the period specified in a general vesting declaration, the provisions of the Lands Clauses Acts and of section 6 of the Railways Clauses Consolidation (Scotland) Act 1845 (both as incorporated by Schedule 2 to the Acquisition Act 1947) and of the Land Compensation (Scotland) Act 1963 shall apply as if, on the date on which the declaration was made, a notice to treat had been served on every person on whom, under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 (on the assumption that they required to take the whole of the land specified in the declaration and had knowledge of all the parties referred to in that section) the acquiring authority could have served such a notice, other than—

(a)any person entitled to an interest in the land in respect of which such a notice had actually been served before the end of that period; and

(b)any person entitled to a short tenancy or a long tenancy which is about to expire.

7At the end of the period specified in a general vesting declaration, the land specified in the declaration, together with the right to enter upon and take possession of it, shall vest in the acquiring authority as if the circumstances in which under the said Act of 1845 an authority authorised to purchase land compulsorily have any power to expede a notarial instrument (whether for vesting land or any interest in land in themselves or for extinguishing the whole or part of any feu-duty, ground annual or rent, or other payment or incumbrance) had arisen in respect of all the land and all interests therein, and the acquiring authority had duly exercised that power accordingly at the end of that period.

8Where any land specified in a general vesting declaration is land in which there subsists a short tenancy or a long tenancy which is about to expire—

(a)the right of entry conferred by paragraph 7 above shall not be exercisable in respect of that land unless, after serving a notice to treat in respect of that tenancy, the acquiring authority have served upon every occupier of any of the land in which the tenancy subsists a notice stating that, at the end of such period as is specified in the notice (not being less than fourteen days) from the date on which the notice is served, they intend to enter upon and take possession of such land as is specified in the notice, and that period has expired; and

(b)the vesting of the land in the acquiring authority shall be subject to the tenancy until that period expires, or the tenancy comes to an end, whichever first occurs.

Recovery of compensation overpaid

9The provisions of paragraphs 10 to 14 below shall have effect where, after the acquiring authority have made a general vesting declaration in respect of any land, a person claims compensation in respect of the acquisition by the authority of an interest in any land by virtue of the declaration, and the authority pay compensation in respect of that interest.

10If, in a case falling within paragraph 9 above, it is subsequently shown—

(a)that the land, or the claimant's interest in it, was subject to an incumbrance which was not disclosed in the particulars of his claim; and

(b)that by reason of that incumbrance the compensation paid exceeded the compensation to which the claimant was entitled in respect of that interest,

the acquiring authority may recover the amount of the excess from the claimant.

11If in a case falling within paragraph 9 above, it is subsequently shown that the claimant was not entitled to the interest in question, either in the whole or in part of the land to which the claim related, the acquiring authority may recover from him an amount equal to the compensation paid, or to so much of that compensation as, on a proper apportionment thereof, is attributable to that part of the land, as the case may be.

12Any question arising under paragraph 10 or 11 above—

(a)as to the amount of the compensation to which the claimant was entitled in respect of an interest in land; or

(b)as to the apportionment of any compensation paid, shall be referred to and determined by the Lands Tribunal; and in relation to the determination of any such question, the provisions of section 9 of the Land Compensation (Scotland) Act 1963 shall apply, subject to any necessary modifications.

13Subject to paragraph 12 above, any amount recoverable by the acquiring authority under paragraph 10 or 11 above shall be recoverable in any court of competent jurisdiction.

14Any sum recovered under paragraph 10 or 11 above in respect of land by an acquiring authority who are a local authority shall be applied towards the repayment of any debt incurred in acquiring or redeveloping that land or if no debt was so incurred shall be paid into the account out of which the compensation in respect of the acquisition of that land was paid.

Penalty for false information in claiming compensation

15(1)If any person, for the purpose of obtaining for himself or for any other person any compensation in respect of the acquisition by the acquiring authority of an interest in land by virtue of a general vesting declaration—

(a)knowingly or recklessly makes a statement which is false in a material particular; or

(b)with intent to deceive produces, furnishes, sends or otherwise makes use of any book, account, or other document which is false in a material particular; or

(c)with intent to deceive withholds any material information, he shall be guilty of an offence.

(2)Any person guilty of an offence under this paragraph shall (without prejudice to the recovery of any sum under paragraph 10 or 11 above) be liable—

(a)on summary conviction, to a fine not exceeding £400;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

Part IISupplementary Provisions

16The provisions contained in this Part of this Schedule shall have effect for the purposes of paragraphs 6 to 8 above.

Exclusion of power of entry under the Acquisition Act 1947

17Paragraph 3 of Schedule 2 to the Acquisition Act 1947 (power to enter upon land after service of notice to treat) shall not apply to land specified in a general vesting declaration under this Act.

Restriction on withdrawal of constructive notice to treat

18The power conferred by section 39 of the Land Compensation (Scotland) Act 1963 to withdraw notice to treat shall not be exercisable, in respect of a notice to treat which is deemed to be served under paragraphs 6 to 8 above, at any time after the interest in respect of which the notice is deemed to be served has vested in an acquiring authority by virtue of paragraph 7 above.

Objection to severance

19Paragraph 4 of Schedule 2 to the Acquisition Act 1947 shall not apply to land in respect of which a general vesting declaration is made under this Act.

20(1)If a general vesting declaration under this Act comprises part only of a house, building or factory, or of a park or garden belonging to a house, any person who is able to sell the whole of the house, building, factory, park or garden may by notice served on the acquiring authority (in this Part of this Schedule referred to as a " notice of objection to severance ") require them to purchase his interest in the whole.

(2)Except as provided by paragraph 29 below, a notice of objection to severance served by any person shall not have effect if it is served more than twenty-eight days after the date on which the notice required by paragraph 4 above is served on him.

21Where a notice of objection to severance is served in respect of a person's interest in any land (in this Part of this Schedule referred to as " the land proposed to be severed "), and is so served within the time allowed in accordance with paragraph 20(2) above, then, notwithstanding anything in paragraph 7 above.—

(a)that interest shall not vest in the acquiring authority,

and

(b)if he is entitled to possession of that land, the acquiring authority shall not be entitled to enter upon or take possession of it,

until the notice has been disposed of in accordance with the following provisions of this Schedule.

22Within three months after a person has served on an acquiring authority a notice of objection to severance, the acquiring authority shall either—

(a)serve notice on him withdrawing the notice to treat deemed to have been served on him in respect of his interest in the land proposed to be severed, or

(b)serve notice on him that the general vesting declaration shall have effect, in relation to his interest in the land proposed to be severed, as if the whole of that land had been comprised in the declaration (and in the compulsory purchase order, if part only of that land was comprised in that order), or

(c)refer the notice of objection to severance to the Lands Tribunal and notify him that it has been so referred.

23If the acquiring authority do not take action in accordance with the last preceding paragraph within the period allowed by that paragraph, then at the end of that period they shall be deemed to have acted in accordance with sub-paragraph (a) of that paragraph.

24Where in accordance with paragraph 22 or 23 above the notice to treat deemed to have been served in respect of a person's interest in the land proposed to be severed is withdrawn, or is deemed to have been withdrawn.—

(a)that interest shall not vest in the acquiring authority by virtue of the general vesting declaration, and

(b)if he is entitled to possession of that land, the acquiring authority shall not be entitled by virtue of that declaration to enter upon or take possession of it.

25Where an acquiring authority take action in accordance with sub-paragraph (b) of paragraph 22 above, the general vesting declaration (and, where applicable, the compulsory purchase order) shall have effect as mentioned in that sub-paragraph, whether apart from this Schedule the acquiring authority could have been authorised to acquire the interest in question in the whole of the land proposed to be severed or not.

26Where in accordance with paragraph 22(c) above an acquiring authority refer a notice of objection to severance to the Lands Tribunal, and on that reference the Tribunal determines that the part of the land proposed to be severed which is comprised in the general vesting declaration can be taken—

(a)in the case of a house, building or factory, without material detriment, or

(b)in the case of a park or garden, without seriously affecting the amenity or convenience of the house,

paragraph 21 above shall thereupon cease to have effect in relation to that notice.

27(1)If on such a reference the Lands Tribunal does not make a determination in accordance with the last preceding paragraph, the Tribunal shall determine the area of that land (being the whole of it or a part of it which includes the part comprised in the general vesting declaration) which the acquiring authority ought to be required to take; and the general vesting declaration shall have effect, in relation to the interest in that area of the person who served the notice of objection to severance, as if the whole of that area had been comprised in the general vesting declaration, whether apart from this Schedule the acquiring authority could have been authorised to acquire that interest in the whole of that area or not.

(2)Where the preceding sub-paragraph applies, and part of the area determined by the Lands Tribunal was not comprised in the compulsory purchase order, the general vesting declaration shall have effect as mentioned in the preceding sub-paragraph as if the whole of that area had been comprised in the compulsory purchase order as well as in the declaration.

28Where by virtue of paragraph 22(a), 23, 25 or 27 above a general vesting declaration is to have effect in relation to a different area of land from that originally comprised in the declaration, the acquiring authority shall alter accordingly the description of the land affected by the declaration.

29(1)Where in accordance with paragraph 20(1) above a person is entitled to serve a notice of objection to severance, and it is proved—

(a)that he never received the notice required by paragraph 4 above to be served on him, or received that notice less than twenty-eight days before, or on or after, the date on which the period specified in the general vesting declaration expired, and

(b)that a notice of objection to severance served by him was served not more than twenty-eight days after the date on which he first had knowledge of the execution of the general vesting declaration,

that notice shall have effect notwithstanding that it is served after the time allowed in accordance with paragraph 20(2) above has expired.

(2)Where, in the circumstances specified in the preceding sub-paragraph, a person serves a notice of objection to severance after the end of the period specified in the general vesting declaration.—

(a)paragraphs 21 and 24 above shall not have effect in relation to that notice;

(b)paragraph 22 above shall have effect in relation to that notice as if sub-paragraph (a) of that paragraph were omitted;

(c)paragraph 23 above shall have effect in relation to that notice with the substitution, for the words

sub-paragraph (a), of the words " sub-paragraph (b) "; and

(d)paragraph 26 above shall not have effect in relation to that notice, but without prejudice to the making by the Tribunal of any such determination as is mentioned in that paragraph.

Compensation

30Where any of the land specified in a general vesting declaration under this Act has become vested in an acquiring authority by virtue of paragraphs 6 to 8 above, the acquiring authority shall be liable to pay the like compensation, and the like interest on the compensation agreed or awarded, as they would have been required to pay if they had taken possession of the land under paragraph 3 of Schedule 2 to the Acquisition Act 1947.

31Sections 56 to 60 and sections 63 to 66 of the Lands Clauses Consolidation (Scotland) Act 1845 (absent and untraced owners) and sections 117 to 119 of the said Act (interests omitted from purchase) shall not apply to the compensation to be paid for any interest in land in respect of which a notice to treat is deemed to have been served by virtue of paragraphs 6 to 8 above.

Charges and tenancies

32(1)Where land specified in a general vesting declaration under this Act is, together with other land not so specified, charged with a charge, such proportion of the charge as may be apportioned under section 109 of the Lands Clauses Consolidation (Scotland) Act 1845, to the first mentioned land shall, subject to sub-paragraph (3) of this paragraph, be treated as having been extinguished by virtue of paragraphs 6 to 8 above on the vesting of that land in the acquiring authority under those paragraphs.

(2)Where by virtue of the preceding sub-paragraph a portion of a charge is treated as having been extinguished, the provisions of sections 108 to 111 of the said Act of 1845 shall have effect as if the extinguishment had taken place under section 110 of that Act.

(3)If, in the circumstances described in sub-paragraph (1) of this paragraph, the person entitled to the charge and the owner of the land subject thereto enter into an agreement to that effect, the said sections 108 to 111, shall have effect as if, at the time of the vesting of the land in the acquiring authority under paragraphs 6 to 8 above, the person entitled to the charge had released that land from the charge on the condition mentioned in section 109 of the said Act of 1845; and in that case no part of the charge shall be treated as having been extinguished as regards the remaining part of the land charged therewith.

(4)In this paragraph " charge " means any such feu-duty, ground annual or rent or other payment or incumbrance as is mentioned in the words introductory to sections 107 to 111 of the said Act of 1845.

33Where land specified in a general vesting declaration under this Act is, together with other land not so specified, comprised in a tenancy for a term of years unexpired, section 112 of the Lands Clauses Consolidation (Scotland) Act 1845, shall have effect in relation thereto as if for references to the time of the apportionment of rent therein mentioned there were substituted references to the time of the vesting of the tenancy in the acquiring authority.

34Where any of the land specified in a general vesting declaration under this Act has become vested in an acquiring authority under paragraphs 6 to 8 above, any person who, in consequence thereof, is relieved from any liability (whether in respect of a feu-duty, ground annual, rent, interest on a heritable security or any other payment) and makes any payment as in satisfaction or part satisfaction of that liability shall, if he shows that when he made the payment he did not know of the facts which constituted the cause of his being so relieved, or of one or more of those facts, be entitled to recover the sum paid from the person to whom it was paid.

Miscellaneous

35Where, after land has become vested in an acquiring authority under paragraphs 6 to 8 above, a person retains possession of any document relating to the title to the land, he shall be deemed to have given to the acquiring authority an acknowledgment in writing of the right of the acquiring authority to production of that document and to delivery of copies thereof and (except where he retains possession of the document as heritable creditor or as trustee or otherwise in a fiduciary capacity) an undertaking for safe custody thereof.

36(1)The time within which a question of disputed compensation, arising out of an acquisition of an interest in land in respect of which a notice to treat is deemed to have been served by virtue of paragraphs 6 to 8 above, may be referred to the Lands Tribunal shall be six years from the date at which the person claiming compensation, or a person from whom he derives title, first knew, or could reasonably be expected to have known, of the vesting of the interest by virtue of those paragraphs.

(2)In reckoning the period of six years referred to in sub-paragraph (1) of this paragraph, no account shall be taken of any period during which the person claiming compensation or the person from whom he derives title was in minority or less age or was under legal disability.

37At the end of the period specified in a general vesting declaration or, if a notice of objection to severance is served under this Schedule, when that notice has been disposed of in accordance with the provisions of this Schedule, that declaration, if still being proceeded with or, as the case may be, that declaration as altered under paragraph 28 above, shall be recorded in the General Register of Sasines, and on being so recorded shall have the same effect as a conveyance registered in accordance with section 80 of the Lands Clauses Consolidation (Scotland) Act 1845.

Part IIIInterpretation

38(1)In this Schedule " short tenancy " means a tenancy for a year or from year to year or any lesser interest, and " long tenancy which is about to expire ", in relation to a general vesting declaration, means a tenancy granted for an interest greater than a short tenancy, but having at the date of the declaration a period still to run which is not more than the specified period (that is to say, such period, longer than one year, as may for the purposes of this paragraph be specified in the declaration in relation to the land in which the tenancy subsists).

(2)In determining for the purposes of this paragraph what period a tenancy still has to run at the date of a general vesting declaration it shall be assumed—

(a)that the tenant will exercise any option to renew the tenancy, and will not exercise any option to terminate the tenancy, then or thereafter available to him, and

(b)that the landlord will exercise any option to terminate the tenancy then or thereafter available to him.

39In this Schedule—

  • " Acquisition Act 1947" means the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

  • " relevant enactments ", in relation to an acquiring authority, means the enactments under which that authority may acquire or be authorised to acquire land compulsorily and which prescribe a procedure for effecting the compulsory acquisition of land by them by means of a compulsory purchase order;

  • " land ", in relation to compulsory acquisition by an acquiring authority, has the same meaning as in the relevant enactments.

Back to top

Options/Help

Print Options

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources