Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

175 Effect of Secretary of State’s action in relation to purchase notice. S

(1) Where the Secretary of State confirms a purchase notice, the. . . F1 planning authority on whom the purchase notice was served (or, if under section 172(4) of this Act the Secretary of State modified the purchase notice by substituting another local authority or statutory undertakers for that. . . F1 planning authority, that other local authority or those statutory undertakers) shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the relevant provisions 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 section 172(2) or (3) of this Act, and has not notified the owner or lessee, as the case may be, 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 be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the relevant provisions and to have served notice to treat in respect thereof at the end of that period.

(3) For the purposes of subsection (2) of this section the relevant period is [F2 , subject to subsection (3A) of this section,] the period of six months beginning with the date on which a copy of the purchase notice was transmitted to the Secretary of State.

[F3 (3A) The relevant period does not run if the Secretary of State has before him at the same time both a copy of the purchase notice transmitted to him under section 170(3) of this Act and an appeal notice under any of the following provisions of this Act relating to any of the land to which the purchase notice relates—

• section 33 (appeal against refusal of planning permission, &c.),

• section 85 (appeal against enforcement notice),

• section 91 (appeal against refusal of established use certificate),

• section 93 (appeal against listed building enforcement notice), or

• paragraph 7 or 8 of Schedule 10 (appeal against refusal of listed building consent, &c.).]

(4) Where the Secretary of State has notified the owner or lessee by whom a purchase notice has been served of a decision on his part to confirm, or not to confirm, the notice (including any decision not to confirm the notice in respect of part of the land to which it relates, and including any decision to grant any permission, or give any direction, in lieu of confirming the notice, either wholly or in part) 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 purchase notice in its place.

(5) For the purposes of any regulations made under this Act as to the time within which a purchase notice may be served, the service of a purchase notice under subsection (4) of this section 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 planning 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 subsection (4) of this section.

(6) In this section “the relevant provisions” has the same meaning as in section 170 of this Act.

Textual Amendments

F1 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F2 Words inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 37(1)

F3 S. 175(3A) inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 37(1)

Modifications etc. (not altering text)

C1 S. 175 extended by Land Compensation (Scotland) Act 1973 (c. 56), s. 49(5) and Civil Aviation Act 1982 (c. 16), Sch. 2 para. 4

C2 S. 108(2), 117–119, 121, 138, 154(3), 170–172, 175, 181, 195(6), 198(3), 199(2), 202(3), 205, 211, 212, 214, 216–230, 233(7), 242, 259, 266(6)(b), 275(2), Sch. 8, Sch. 17 para. 1–3, Sch. 18 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxv) (with Sch. 8 para. 33)

C3 S. 175 amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxiii)

C4 Ss. 170-172, 175, 181, 195(6) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xix); S.I. 1996/218, art. 2