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Town and Country Planning (Minerals) Act 1981

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This is the original version (as it was originally enacted).

Section 34.

SCHEDULE 2Consequential Amendments—Scotland

TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1972

1In section 27(2) (meaning of "planning permission granted for a limited period ") for the word " Any " there shall be substituted the words " Subject to section 41A(6) of this Act, any ".

2In section 32(4) (provisions applying with modifications where applications for planning permission are referred to Secretary of State) for the words "and 27(1)" there shall be substituted the words " , 27(1) and 27A ".

3In section 33(5) (provisions applying with modifications in relation to an appeal to Secretary of State) for the words " and 27(1)" there shall be substituted the words " , 27(1) and 27A ".

4In section 153(1) (compensation where planning permission revoked or modified) for the word " Where " there shall be substituted the words " Subject to section 153A of this Act, where ".

5In section 159(1) (compensation in respect of orders under section 49) for the word " The " there shall be substituted the words " Subject to section 159B of this Act, the ".

6In subsection (2) of section 167 (which specifies the compensation to which the general provisions contained in that section apply) for the word " This " there shall be substituted the words " Subject to regulations under section 167A of this Act, this ".

7In subsection (1)(b) of section 227 (measure of compensation to statutory undertakers) after the words " 49 " there shall be inserted the words " , 49A or 49B ".

8In subsection (2) of section 231 (which specifies orders the validity of which is not to be questioned in any legal proceedings except as provided by Part )(II) the following paragraphs shall be inserted after subsection (2)(b)—

(ba)any order under section 49A of this Act;

(bb)any order under section 49B of this Act;

9In subsection (2)(a) of section 253 (which specifies orders which, in relation to land which for the time being is Crown land, may only be made with the consent of the appropriate authority) after the word " 49 " there shall be inserted the words ", 49A, 49B ".

10In subsection (2) of section 260 (which specifies the orders in relation to which the Secretary of State has default powers) the following paragraphs shall be inserted after paragraph (b): —

(ba)orders under section 49A of this Act;

(bb)orders under section 49B of this Act;.

11In section 275(1) (interpretation)—

(a)the following shall be inserted after the definition of " advertisement " —

  • " aftercare condition " has the meaning assigned to it by section 27A(2) of this Act;;

(b)the following shall be inserted after the definition of " development "—

  • " development consisting of the winning and working of minerals " shall be construed in accordance with section 251(1 A) of this Act;;

(c)the following shall be inserted after the definition of " means of access " —

  • " mineral compensation modifications " has the meaning assigned to it by section 167A(3) of this Act;

  • " mineral-working deposit" has the meaning assigned to it by section 251(1A) of this Act;;

(d)the following shall be inserted after the definition of " purchase notice " —

  • " relevant order " has the meaning assigned to it by section 167C(3) of this Act;;

(e)the following shall be inserted after the definition of " replacement of open space " —

  • " restoration condition " has the meaning assigned to it by section 27A(2) of this Act;

  • " restriction on the winning and working of minerals " has the meaning assigned to it by section 167C(1) of this Act;

  • " special consultations" has the meaning assigned to it by section 167B of this Act;

  • " the statutory maximum " means the prescribed sum within the meaning of section 289B(6) of the Criminal Procedure (Scotland) Act 1975 ;;

(f)the following shall be inserted after the definition of " statutory undertaker " —

  • " steps for the protection of the environment" has the meaning assigned to it by section 49B(3) of this Act;; and

(g)the following shall be inserted after the definition of " stop notice " —

  • " suspension order " and " supplementary suspension order" have the meanings assigned to them by section 49B of this Act;.

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