Town and Country Planning (Scotland) Act 1997

215 Meaning of “operational land”

(1) Subject to the following provisions of this section and to section 216, in this Act “operational land” means, in relation to statutory undertakers—

(a) land which is used for the purpose of carrying on their undertaking, and

(b) land in which an interest is held for that purpose.

(2) Paragraphs (a) and (b) of subsection (1) do not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.

(3) In sections 77(3), 218 to 236 and paragraph 6 of Schedule 6 “operational land”, in relation to the Post Office and the Civil Aviation Authority, means land of the Post Office’s or, as the case may be, of the Authority’s of any such class as may be prescribed by regulations.

(4) Such regulations—

(a) may define a class of land by reference to any circumstances whatsoever, and

(b) in the case of the Civil Aviation Authority, may make provision for different circumstances, including prescribing different classes of land for the purposes of different provisions.

(5) In the case of the Post Office or the Civil Aviation Authority, if any question arises as to whether land belonging to either of them falls within a class defined by such regulations, it shall be determined by the Secretary of State.