Town and Country Planning (Scotland) Act 1954

PART VI Miscellaneous and Supplementary Provisions

49 Associated companies

(1) Notwithstanding anything in Part I of this Act, no person shall be entitled to a payment under sections five, seven, eight, ten or eleven of this Act by virtue of a transaction between companies which at the time of the transaction were associated companies.

(2) Where a company is the holder of a claim holding, then, for the purpose of ascertaining whether or not that company is entitled to a payment in respect of the holding under Part I or Part V of this Act, any act or event which occurred in relation to another company which at the time of that act or event was, or after that time but before the twenty-sixth day of February, nineteen hundred and fifty-four, became, associated with the company which holds the claim holding shall be treated as having occurred in relation to the company which holds the claim holding, and an interest in land held by any other company for the time being associated with the company which holds the claim holding shall be treated as being held by the company which holds the claim holding.

(3) For the purposes of this section, a company shall be treated as associated with another company if, and only if, within the meaning of section one hundred and fifty-four of the Companies Act, 1948, one of those companies is a subsidiary of the other, or both those companies are subsidiaries of the same holding company.

50 Provision of information as to unexpended balance, and c

(1) Subject to the provisions of this section, the Central Land Board shall, upon application therefor being made to them at any time by any person, and may at any time, if they think fit, without any application being made therefor, issue a certificate in the prescribed form with respect to any land stating whether or not any of that land has an original unexpended balance of established development value and, if it has such a balance—

(a) giving a general statement of what was taken by the Board for the purposes of Part V of the principal Act to be the state of that land on the first day of July, nineteen hundred and forty-eight; and

(b) specifying (subject to any outstanding claims under Part I or Part V of this Act) the amount of that original balance;

and any such certificate may, if the Board think fit, contain additional information with respect to acts or events in consequence of which, by virtue of any provision of this Act, a deduction falls to be made from that original balance in determining the unexpended balance, if any, of established development value of any of that land at any time thereafter.

(2) Where, after the commencement of this Act, a notice to treat has been served with a view to the compulsory acquisition of an interest in any land by any public authority possessing compulsory purchase powers, being such a department, authority, person or body of persons as is mentioned in subsection (1) of section thirty-one of this Act, that authority may apply to the Central Land Board for, and shall be entitled to the issue of, a certificate showing the unexpended balance of established development value, if any, of any of that land immediately before the service of that notice.

(3) Where the issue of a certificate under this section with respect to any land involves a new apportionment or, in the case of a certificate under the last preceding subsection, involves the calculation of a deduction from the original unexpended balance of established development value of the land by virtue of subsection (4) of section eighteen of this Act, then—

(a) except in the case of a certificate under the last preceding subsection or of a certificate which the Board propose to issue without any application being made therefor, the certificate shall not be issued otherwise than on the application of a person for the time being entitled to an interest in the land ;

(b) before issuing the certificate, the Board shall give notice in writing to any person entitled to an interest in land which it appears to the Board will be substantially affected by the apportionment, or calculation, giving particulars of the proposed apportionment or calculation and stating that objections or other representation with respect thereto may be made to the Board within thirty days from the date of the notice; and

(c) the certificate shall not be issued before the date of expiration of the said thirty days, and, if at that date an objection to the proposed apportionment or calculation has been made by any person to whom notice has been given under the last preceding paragraph, or by any other person who establishes that he is entitled to an interest in land which is substantially affected by the apportionment or calculation, and that objection has not been withdrawn, the next following subsection shall have effect.

(4) Where by virtue of paragraph (c) of the last preceding subsection this subsection is to have effect, then—

(a) if within a further period of thirty days the person by whom any such objection was made refers the dispute to the Lands Tribunal, the certificate shall not be issued until either the Tribunal has decided the matter or the reference to the Tribunal has been withdrawn ;

(b) the certificate may be issued before the expiration of the said further period if every such objection has been withdrawn; and

(c) the certificate shall be issued at the date of expiration of the said further period notwithstanding that every such objection has not been withdrawn, if no reference to the Lands Tribunal has by that date been made under paragraph (a) of this subsection.

(5) Where, on a reference to the Lands Tribunal under this section, it is shown that a new apportionment relates partly to the same matters as any previous apportionment and is consistent with that previous apportionment in so far as it relates to those matters, the Tribunal shall not vary the new apportionment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters.

(6) A certificate under subsection (2) of this section shall be conclusive evidence of the unexpended balance shown therein, and a certificate under subsection (1) of this section shall be sufficient proof of any facts stated therein unless the contrary is shown.

(7) An application for a certificate under this section shall be made in such form and manner as may be prescribed, and shall be accompanied by sufficient particulars, including a map if necessary, to enable the land to be identified and, where a new apportionment will be involved, particulars of the nature of the applicant's interest and such information as to the nature of any other interest in the land and as to the name and address of the person entitled to that other interest as may be known to the applicant.

(8) On any application under subsection (1) of this section, the applicant shall pay in the prescribed manner a fee of five shillings and, if the application involves a new apportionment, the certificate shall not be issued until the applicant has paid in the prescribed manner a further fee of fifteen shillings.

(9) In this section, the expression " new apportionment" means an apportionment which relates wholly or partly to any matters relating to which there has not been a previous apportionment.

51 Cancellation or reduction of liability for development charges

(1) The provisions of this section shall have effect in cases where at the commencement of this Act the whole or part of a development charge remains unpaid, and apart from this section the charge or the unpaid balance thereof would then be payable, or would thereafter become payable, to the Central Land Board.

(2) If under Part I of this Act the Board set off the whole of the charge, or the unpaid balance thereof, against a payment thereunder, as being a payment which (but for the set-off) would be payable by the Board under the said Part I, or would have been so payable if applied for, the development charge and any liability of any person in respect thereof shall thereupon be discharged.

(3) If under Part I of this Act the Board set off part of the charge, or of the unpaid balance thereof, as mentioned in the last preceding subsection, the development charge, or the unpaid balance thereof, shall be treated as reduced by the amount so set off and any liability of any person in respect thereof shall be modified accordingly.

(4) Where, for the purposes of the Second Schedule to this Act, one or more development charges such as are mentioned in subsection (1) of this section are covered by an assignation of one or more claim holdings to the Central Land Board, and by virtue of the provisions of that Schedule one or more of those claim holdings are deemed to have been extinguished or reduced in value by reference to the unpaid balance of the charge or, as the case may be, the aggregate of the unpaid balances of the charges, as therein mentioned, a sum equal to, or to the aggregate of—

(a) the value of any such holding which is deemed to have been extinguished; and

(b) the amount of the reduction in the value of any such holding which is deemed to have been reduced in value but not extinguished,

shall be deducted from that balance or that aggregate of balances and—

(i) if that sum is equal to that balance or aggregate of balances, the charge or charges and any liability of any person in respect thereof shall be discharged;

(ii) if that sum is less than that balance or aggregate of balances, the charge or charges, or the balance or respective balances thereof remaining unpaid at the commencement of this Act, shall be reduced by an amount, or, as the case may be, shall be reduced rateably by an aggregate amount, equal to that sum:

Provided that where paragraph 2 of the Second Schedule to this Act applies, any development charge in connection with which the claim holding in question was assigned in accordance with the arrangements mentioned in sub-paragraph (1) of that paragraph and any liability of any person in respect thereof shall be discharged without regard to the treatment of the claim holding in question.

(5) Where the Central Land Board agreed that payment of a development charge should be postponed in accordance with the special arrangements relating to the accommodation of agricultural workers, the development charge and any liability of any person in respect thereof shall be treated as discharged.

(6) In the case of a development charge which is discharged by virtue of paragraph (i) of subsection (4) of this section—

(a) if no sum had been paid to the Central Land Board on account of the charge, the charge shall for the purposes of Part I of this Act be treated as not having been incurred; and

(b) if any sum had been so paid, then, notwithstanding anything in subsection (3) of section four of this Act, the amount of the charge shall for the said purposes be treated as the amount or aggregate amount of the sum or sums so paid, other than any sum paid by way of interest;

and a development charge which is treated as discharged by virtue of the last preceding subsection shall, for the purposes of any other provision of this Act, except subsection (3) of section fifty-four thereof, be treated as not having been determined to be payable.

(7) References in this section, except in subsection (4) thereof, to the unpaid balance of a development charge include references to any arrears of interest in respect of the charge.

52 Exchequer grants to local planning authorities

Subject to the next following section, the following section shall be substituted for section eighty-nine of the principal Act:—

“89 (1) Regulations made under this section with the consent of the Treasury may provide for the payment by the Secretary of State to local planning authorities of grants of such amounts, and payable over such periods and subject to such conditions, as may be determined by or under the regulations, in respect of expenditure incurred, whether before or after the passing of this Act, by those authorities—

(a) in connection with the acquisition of land approved by the Secretary of State for the purposes of the regulations, or in connection with the clearing or preliminary development of land acquired by those authorities with such approval;

(b) in the payment of compensation under Part II or Part VII of this Act (other than compensation payable in respect of land compulsorily acquired by virtue of section seventeen of this Act), or in taking any action under section twenty-two, twenty-three or twenty-four of this Act, or under the said section twenty-two as applied by any of the provisions of Part II of this Act;

(c) in connection with the carrying out of any work of restoring, repairing or adapting buildings acquired by those authorities, (being work approved by the Secretary of State for the purposes of the regulations in the case of a building as respects which, immediately before the acquisition thereof, a building preservation order was in force or could have been made.

(2) Regulations made under this section may provide for the payment of grants thereunder, in such cases and subject to such conditions as may be prescribed by or under the regulations, in respect of land appropriated by local planning authorities (whether before or after the passing of this Act) for any purpose approved by the Secretary of State in accordance with the regulations, as if the land had been acquired for that purpose at a cost of such amount, and defrayed in such manner, as may be determined by or under the regulations.

(3) Without prejudice to the generality of the preceding provisions of this section, any regulations made under this section may provide—

(a) for the inclusion, in the expenditure incurred by local planning authorities in the acquisition of land approved by the Secretary of State for the purposes of the regulations, of any sums, or any part of sums, paid by those authorities in connection with any restriction imposed on the development or use of the land toy or under any enactment (whether by way of compensation or by way of contribution towards damage or expense incurred in consequence of the restriction);

(b) for the calculation of grants payable under the regulations by reference to the amount of the annual costs incurred or treated as being incurred by local planning authorities in respect of the borrowing of money to defray expenditure in respect of which the grants are made, or by reference to the excess of such annual costs over receipts of those authorities which are attributable to such expenditure, or over the annual value of such receipts, as may be prescribed by the regulations.

(4) The amount of any grant paid to a local planning authority in accordance with regulations made under this section—

(a) where that amount is calculated by reference to annual costs incurred or treated as incurred by the authority in respect of the borrowing of money to defray expenditure in respect of which the grant is made, or by reference to the excess of such annual costs over the receipts, or the annual value of receipts, mentioned in paragraph (b) of the last preceding subsection, shall not exceed an amount equal to fifty per cent. of those costs, or of that excess, as the case may be ;

(b) in any other case, shall not exceed an amount equal to fifty per cent. of the amount of the expenditure in respect of which the grant is made:

Provided that, in relation to—

(i) land acquired for use as a public open space ; or

(ii) such part, if any, of any land appropriated as mentioned in subsection (2) of this section as is intended for such use,

the regulations may provide that, if in any particular case the Secretary of State is satisfied that, having regard to the expenditure in respect of which the grant is to be made and the financial circumstances of the local planning authority concerned, it is just that a higher grant should be made, the amount of the grant in that particular case shall be an amount equal to such percentage, exceeding fifty but not exceeding seventy-five per cent., of the costs, excess or expenditure aforesaid as the Secretary of State may determine.

(5) Any expenses incurred by the Secretary of State in the making of grants in accordance with regulations made for the purposes of this section shall be defrayed out of moneys provided by Parliament.

(6) In this section the expression ' preliminary development ', in relation to land approved for the purposes of regulations made thereunder, means the carrying out of any work determined in accordance with the regulations to be work preparatory to the development of the land for the purposes for which it was acquired or appropriated, or work comprised in the initial stages of such development.”

53 Supplementary provisions as to Exchequer grants

(1) Nothing in the last preceding section, or in the amendments and repeals effected by the following provisions of this Part of this Act, shall affect the payment of any grant in respect of a year or part of a year ending on or before the fifteenth day of May, nineteen hundred and fifty-five:

Provided that, in the case of a local planning authority whose financial year ends on a day other than the fifteenth day of May, this subsection shall have effect with the substitution of a reference to that other day for the reference to the fifteenth day of May.

(2) As respects land of any of the following descriptions, that is to say—

(a) land comprised in a compulsory purchase order made by a local planning authority under the Town and Country Planning (Scotland) Act, 1945, or the principal Act, and confirmed before the twenty-sixth day of February, nineteen hundred and fifty-four, being land acquired for any of the purposes specified in paragraph (a) of subsection (5) of section eighty-nine of the principal Act;

(b) land acquired by agreement for any of those purposes with the consent of the Secretary of State given before that date;

(c) land appropriated for any of those purposes before that date;

(d) land acquired or appropriated for any of those purposes (whether before or after that date), being land contiguous or adjacent to land falling within any of the preceding paragraphs,

paragraph (a) of subsection (4) of the section which, by the last preceding section, is substituted for the said section eighty-nine shall apply as if, for the reference in that paragraph to fifty per cent. of the annual costs or excess therein mentioned, there were substituted a reference to ninety per cent. of those costs or of that excess, as the case may be:

Provided that this subsection shall not authorise the payment, in the case of any land, of a grant at a higher rate in respect of a year or part of a year which, together with the preceding years or parts of years in respect of which grants at a higher rate have been paid in the case of that land, would extend beyond a total period of eight years.

(3) For the purposes of any regulations made under section eighty-nine of (the principal Act (whether before or after the commencement of this Act), the definition in that Act of the expressions " area of extensive war damage " and " area of bad lay-out or obsolete development" shall apply, and be deemed always to have applied, as if in that definition the words " being in each case land comprised in an area which is defined by a development plan as an area of comprehensive development" had been omitted.

(4) In this section references to section eighty-nine of the principal Act are references to that section as it has effect apart from the last preceding section, and references to a grant at a higher rate are references to a grant of an amount authorised by the said section eighty-nine as it so has effect, but not authorised (otherwise than by virtue of subsection (2) of this section) by the provisions substituted for that section by the last preceding section.

54 Recovery of certain sums from acquiring authorities

(1) Where, under Part I of this Act, a payment becomes payable by the Central Land Board in respect of the compulsory acquisition of an interest in land by, or the sale of such an interest to, a public authority possessing compulsory purchase powers (in this section referred to as " the acquiring authority "), the Board shall, subject to the provisions of this section, be entitled to recover the amount of the payment from the acquiring authority.

(2) The preceding subsection shall not apply if—

(a) the acquiring authority is a government department, and the interest was acquired in pursuance of a notice to treat served, or a contract made, before the twenty-sixth day of February, nineteen hundred and fifty-four, or

(b) the interest was acquired, in pursuance of a notice to treat served, or a contract made, before the eighteenth day of November, nineteen hundred and fifty-two, for the purposes of the development or re-development of any area as a whole, or

(c) the interest was acquired, in pursuance of such a notice to treat or contract as is mentioned in the last preceding paragraph, for the purposes of the use of the land as a public open space, or as allotments:

Provided that paragraph (b) of this subsection shall not affect the application of the preceding subsection—

(i) if the interest was acquired by a development corporation under the New Towns Act, 1946 ; or

(ii) if it is certified by the Secretary of State that the interest was acquired for the purposes of the development or re-development of an area as an industrial estate.

(3) If, before the eighteenth day of November, nineteen hundred and fifty-two, operations were begun in, on, over or under any land in which an interest such as is mentioned in subsection (1) of this section subsists, or a use of any such land was instituted, being operations or a use—

(a) in respect of which, whether before or after the commencement of this Act, a development charge has been determined to be payable, or it has been determined that no development charge is payable ; or

(b) comprised in a scheme of development exempt from development charge,

the said subsection (1) shall not apply to so much of any payment referred to in that subsection as is attributable to any land in relation to which the determination was made or, as the case may be, which is included in that scheme of development.

(4) If such a payment as is mentioned in subsection (1) of this section would have been payable, or the amount of such payment would have been greater, but for the existence of either or both of the following circumstances, that is to say—

(a) that by virtue of the Second Schedule to this Act a claim holding relating to the whole or part of the land comprised in the acquisition or sale was treated as extinguished, or reduced in value, by reference to a development charge relating to other land;

(b) that by virtue of subsection (2) of section fourteen of this Act a sum was set off against the payment by reference to such a development charge,

the preceding provisions of this section shall apply as if neither of those circumstances had existed and the payment had become payable or (as the case may be) the amount of the payment had been increased accordingly.

(5) Where, under subsection (3) of section fourteen of this Act, a sum was set off against a payment, as being a payment which would have been payable under Part I of this Act if applied for, the preceding provisions of this section shall apply as if that payment had been payable under the said Part I and the set-off had been effected under subsection (2) of the said section fourteen.

(6) Where, in the case of a compulsory acquisition to which Part III of this Act applies, the compensation payable in respect of the acquisition is diminished—

(a) by an amount exceeding twenty pounds owing to the fact that compensation under Part II or V of this Act, or compensation to which Part IV of this Act applies, has become payable in respect of a planning decision or order made before the service of the notice to treat, or

(b) owing to the fact that by virtue of the Second Schedule to this Act a claim holding relating to the whole or part of the land comprised in the acquisition was treated as extinguished, or reduced in value, by reference to a development charge relating to other land,

the Secretary of State (in a case falling within paragraph (a) of this subsection) or the Central Land Board (in a case falling within paragraph (b) thereof) shall be entitled to recover from the acquiring authority a sum equal to the amount by which the compensation payable in respect of the acquisition is less than it would have been if the circumstances referred to in paragraph (a) or (b) of this subsection, as the case may be, had not existed.

(7) Where an interest in land is compulsorily acquired by, or sold to, a public authority possessing compulsory purchase powers, in pursuance of a notice to treat served, or a contract made, after the commencement of this Act, or was so acquired or sold in pursuance of a notice to treat served, or a contract made, on or after the thirteenth day of August, nineteen hundred and forty-seven, and before the commencement of this Act, and a payment exceeding twenty pounds has become payable under section fifty-six of the principal Act in respect of that interest, or becomes so payable after the commencement of this Act, the Central Land Board shall be entitled to recover the amount of the payment from the acquiring authority:

Provided that—

(a) the provisions of subsections (2) and (3) of this section shall have effect in relation to this subsection as they have effect in relation to subsection (1) of this section ;

(b) no amount shall be recoverable by the Central Land Board under this subsection in relation to any land in relation to which an amount has become recoverable by the Secretary of State under section thirty as applied by section fifty-eight of this Act;

(c) if the acquisition or sale does or did not extend to the whole of the land to which the payment related, the amount recoverable under this subsection shall be so much of that payment as is by virtue of subsection (3) of section fifty-eight of this Act to be treated as apportioned to the land in which the interest acquired or sold subsisted.

(8) Regulations made under this section with the consent of the Treasury may provide—

(a) for reducing the amount recoverable from the acquiring authority under subsection (1) of this section, or under the last preceding subsection, in cases where, since the interest was acquired by that authority and before the eighteenth day of November, nineteen hundred and fifty-two, the land in question or part thereof was the subject of a conveyance of a description specified by the regulations, not being a conveyance in favour of a public authority possessing compulsory purchase powers;

(b) for enabling the acquiring authority to recover a contribution, determined in such manner as may be prescribed by the regulations, from another public authority possessing compulsory purchase powers, in cases where, since the interest was acquired by the acquiring authority and before the commencement of this Act, the land in question or part thereof was the subject of a compulsory acquisition by that other authority, or of any other conveyance in favour of that authority of a description so prescribed ;

(c) for applying the provisions of subsection (6) of this section, subject to such adaptations and modifications as may be prescribed, to purchases of land by agreement, by public authorities possessing compulsory purchase powers, in pursuance of contracts made after the commencement of this Act, where the purchase price is determined in accordance with the regulations to be diminished as mentioned in that subsection.

(9) Where a sum is recoverable from an authority under this section, by reference to an acquisition or purchase of an interest in land, and in respect thereof, or of a subsequent appropriation of the land, a grant became or becomes payable to that or some other authority under any enactment, the power conferred by that enactment to pay the grant shall include, and shall be deemed always to have included, power to pay a grant in respect of that sum, as if it had been expenditure incurred by the acquiring authority in connection with the acquisition or purchase.

(10) In this section references to a scheme of development exempt from development charge are references to a scheme of development such that, if the operations and uses of land comprised in the scheme had all been begun or instituted before the eighteenth day of November, nineteen hundred and fifty-two, all those operations and uses would have been exempt from the provisions of Part VI of the principal Act by virtue of regulations made thereunder; and references to the amount of a payment shall be construed as including any interest payable on the principal amount of the payment.

55 Compensation for damage to requisitioned land

(1) Subject to the provisions of this section, any compensation accruing due in respect of any land after the commencement of this Act by virtue of paragraph (b) of subsection (1) of section two of the Compensation (Defence) Act, 1939 (which relates to compensation payable in respect of damage occurring to requisitioned land during the period of requisition) shall not exceed the amount (if any) by which the value mentioned in paragraph (a) of the next following subsection falls short of the price mentioned in paragraph (b) of that subsection.

(2) The said value and price are—

(a) the value, at the time when the compensation accrues due, of the dominium utile in the land in question, subject to any feu-duty, any ground annual and any servitude or other restriction, affecting the land at that (time but otherwise free from burdens, and

(b) the price which would be the compulsory purchase price of the land at that time, if it were then in the state in which it was when possession of the land was taken in the exercise of emergency powers.

(3) Neither of the following provisions, that is to say—

(a) paragraph (ii) of the proviso to subsection (1) of the said section two (which provides that the compensation payable under paragraph (b) of that subsection shall be limited to the value of the land at the time when it was requisitioned), and

(b) subsection (1) of section ten of the Requisitioned Land and War Works Act, 1948 (which substitutes a different limit, by reference to the compulsory purchase price of the land in its existing state and in the state in which it was when requisitioned),

shall apply to compensation to which subsection (1) of this section applies.

(4) Subsection (3) of section ten of the said Act of 1948 (which makes provision as to the matters to be taken into account in calculating the compulsory purchase price of the land in its existing state) shall apply for the purposes of this section, with the substitution, for references to the compulsory purchase price of land, of references to the value of such an interest as is mentioned in paragraph (a) of subsection (2) of this section; and subsection (4) of that section (which provides for increased compensation in certain cases above the limit imposed by subsection (1) of that section) shall apply for the purposes of this section, with the substitution, for the reference to subsection (1) of that section, of a reference to subsection (1) of this section.

(5) In this section the expression " compulsory purchase price " has the meaning assigned to it by subsection (2) of the said section ten.

56 Special provisions relating to minerals

(1) Development charges determined in respect of the winning and working of minerals shall cease to have effect in so far as they require the payment of any periodical payments in respect of minerals got after the commencement of this Act.

(2) Where a development charge has been determined in respect of the winning and working of minerals over a period ending after the commencement of this Act, the Central Land Board shall, if application is made to them in that behalf in accordance with the regulations for the time being in force under section seventy of the principal Act, vary the determination, and amend, discharge, modify or release any agreements or securities made or given in respect thereof, in such manner as appears to them appropriate for limiting the development charge to the winning and working of the minerals within so much of that period as preceded the commencement of this Act, and shall repay any sums paid thereunder, so far as may be requisite for giving effect to the variation.

(3) In relation to an interest in land consisting of or comprising minerals, and in relation to claims established wholly or partly in respect of such land, the provisions of this Act shall have effect subject to such adaptations and modifications as may be prescribed by regulations made under this Act with the consent of the Treasury.

(4) Regulations made for the purposes of this section shall be of no effect unless they are approved by resolution of each House of Parliament.

(5) The Mineral Development Charge Set-off (Scotland) Regulations, 1951, shall cease to have effect; but in respect of the winning and working of minerals to which those Regulations applied no development charge shall be payable or be deemed ever to have been payable.

57 Modification of mining leases granted before 18th November, 1952

(1) The Lands Tribunal may, upon application made to them within one year from the commencement of this Act by any party to a lease to which this section applies, by order modify the provisions of the lease so far as may be required in order to secure that the sums payable by the lessee under the lease, in respect of any period beginning on or after the date of the commencement of this Act, are equal to the sums which, in the opinion of the Tribunal, the lessee could, at the time of the lease, fairly and reasonably have been required so to pay if no development charges had been payable in respect of the winning and working of minerals.

(2) This section applies to the following leases, that is to say—

(a) any mining lease granted within the period beginning on the first day of July, nineteen hundred and forty-eight, and ending on the seventeenth day of November, nineteen hundred and fifty-two ;

(b) any mining lease granted after the end of that period by virtue of the exercise before the commencement of this Act of an option granted within that period ;

(c) any mining lease granted before the beginning of that period, if the terms of the lease as to the payments to be made thereunder by the lessee were varied by an agreement entered into within that period or by an order made within that period under section thirty of the Mineral Workings Act, 1951 (which empowers the Lands Tribunal to modify mining leases granted before the said first day of July).

(3) In determining for the purposes of subsection (1) of this section the sums which a lessee could fairly and reasonably have been required to pay in respect of any period beginning on or after the date of the commencement of this Act, the Tribunal shall have regard to the terms and conditions of the lease, other than terms and conditions as to the sums payable by the lessee thereunder, except sums so payable in respect of any period beginning before that date.

(4) The provisions of this section shall apply in relation to orders made under Part I of the Mines (Working Facilities and Support) Act, 1923, as they apply in relation to mining leases, with the substitution, for references to the granting of a lease, of references to the making of such an order, and, for references to the Lands Tribunal, of references to the Court of Session.

(5) The provisions of this section shall apply in relation to an option conferring a right to require the grant of a mining lease, being an option granted within the period beginning on the first day of July, nineteen hundred and forty-eight, and ending on the seventeenth day of November, nineteen hundred and fifty-two, as they apply in relation to a lease to which this section applies, with the substitution, for references to the terms and conditions of the lease and the sums payable by the lessee thereunder, of references to the terms and conditions of the lease which would be granted if the option were exercised and to the sums which would be payable by the lessee under that lease.

(6) Section thirty of the Mineral Workings Act, 1951, shall cease to have effect.

58 Recovery, on subsequent development, of payments under s. 56 of principal Act

(1) Where a payment under section fifty-six of the principal Act (other than a payment not exceeding twenty pounds) has become payable in respect of an interest in land, or becomes so payable after the commencement of this Act, the Central Land Board shall cause notice of the payment in the prescribed form, specifying the land to which it relates and the amount of the payment, to be recorded in the appropriate Register of Sasines, and shall send a copy of the notice to the local planning authority and to any other person appearing to the Board to be interested :

Provided that—

(a) the preceding provisions of this subsection shall not apply to any amount which is recoverable under subsection (7) of section fifty-four of this Act or which would be so recoverable but for the provisions of paragraph (a) of the proviso to that subsection ;

(b) if a development charge was (whether before or after the commencement of this Act) determined to be payable in respect of the land to which the payment related or relates (in this proviso referred to as " the payment area "), or in respect of land which included the payment area, the preceding provisions of this subsection shall not apply to that payment; and

(c) if a development charge was (whether before or after the commencement of this Act) determined to be payable in respect of part of the payment area, or in respect of land which included part (but not the whole) of that area, the preceding provisions of this subsection shall apply as if separate payments of so much of the amount aforesaid as is respectively attributable thereto had been payable in respect of that part of the payment area and of the remainder of that area.

(2) Section thirty of this Act, except subsection (10) thereof, shall have effect with the necessary modifications in relation to any payment specified in a notice recorded under this section, and to development of land to which such compensation relates, as it has effect in relation to the compensation specified in a notice recorded under section twenty-nine of this Act and to development of land to which that compensation relates:

Provided that—

(a) the said section thirty shall apply for the purposes of this section as if that section applied to every description of new development; and

(b) no amount shall be recoverable by the Secretary of State under the said section thirty as applied by this subsection in relation to any land in relation to which an amount has become recoverable by the Central Land Board under subsection (7) of section fifty-four of this Act.

(3) For the purposes of this Part of this Act a payment under section fifty-six of the principal Act shall be treated as apportioned, as between different parts of the land to which it related, in the way in which it might reasonably be expected to have been so apportioned if, under the scheme made under the said section fifty-six, 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 as between different parts of that land.

(4) References in this section to the amount of a payment under section fifty-six of the principal Act shall be construed as including any interest payable thereon under subsection (3) of section sixty-two of that Act.

59 Applications for permission for industrial development

(1) Where, after the commencement of this Act, an application is made to a local planning authority for permission to develop land by the erection thereon of an industrial building, being an application which would, apart from this section, be of no effect by virtue of subsection (4) of section twelve of the principal Act (which provides that certain applications for such permission shall be of no effect unless it is certified by the Board of Trade that the development in question can be carried out consistently with the proper distribution of industry), the local planning authority shall consider whether, if the requirements of the said subsection (4) had been satisfied, they would nevertheless have refused the permission sought by the application either as respects the whole or as respects part of the land to which the application relates; and if they are of opinion that they would so have refused that permission, they shall serve on the applicant a notice in writing to that effect.

(2) Where a notice has 'been served under the preceding subsection as respects the whole or part of any land, the provisions of this Act and of sections seventeen and eighteen of the principal Act, and, where by virtue of the preceding provisions of this subsection a direction has been given under subsection (3) of section twenty-three of this Act, the other provisions of the principal Act, shall have effect as respects that land or that part thereof as if the application had been of effect and permission had been refused.

60 Assignations and settlements by will of claims under Part V of principal Act

(1) An assignation of the benefit, or part of the benefit, of an established claim shall be of no effect if—

(a) it is made after the commencement of this Act, or

(b) it requires the approval of the Central Land Board under subsection (2) of section two of the Act of 1953, and no application for that approval was made before the commencement of this Act.

(2) Subject to the preceding subsection, an assignation of the benefit, or part of the benefit, of an established claim, if approved by the Central Land Board under subsection (2) of section two of the Act of 1953 (whether before or after the commencement of this Act), shall be deemed to have had effect as from the date on which the assignation was made.

(3) Subsection (2) of section sixty-one of the principal Act (which provides that the right to receive a payment under Part V of that Act shall be transmissible by assignation or by operation of law) shall have effect, and shall be deemed always to have had effect, in relation to the settlement by will of such a right as is mentioned in that subsection as it has effect in relation to the transmission of such a right by operation of law:

Provided that a settlement of such a right by the will of a testator dying after the commencement of this Act shall be of no effect.

61 Crown land

(1) In this section the expression " Crown interest" means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department ; and the expression " private interest " means an interest which is not a Crown interest.

(2) Subject to the following provisions of this section, where there is a Crown interest in any land, the provisions of this Act, other than this section, shall have effect in relation to any private interest as if the Crown interest were a private interest.

(3) Where, in the case of a compulsory acquisition to which Part III of this Act applies, planning permission was granted before the date of service of the notice to treat, and the person who at that date is entitled to the interest in land to which the acquisition relates is, or derives title from a person who was, entitled thereto under a conveyance which—

(a) was granted after the grant of the planning permission, and

(b) was a conveyance of a Crown interest, or a conveyance creating an interest directly out of a Crown interest,

then, notwithstanding subsection (4) of section forty-eight of the principal Act, that permission shall not be disregarded in assessing the compensation payable in respect of the acquisition.

62 Consideration in respect of discharge of acquired land from feu-duty, ground annual, and c

(1) Where a public authority possessing compulsory purchase powers has compulsorily acquired or has purchased, in pursuance of a notice to treat served, or, as the case may be, a contract made, after the commencement of this Act, the dominium utile in any land, and it is necessary to determine under section one hundred and eight of the Lands Clauses Consolidation (Scotland) Act, 1845, the amount of any consideration payable in respect of the discharge of the land from any feu-duty, or ground annual or other annual or recurring payment or incumbrance, to which that section applies (not being stipend or standard charge in lieu of stipend), or from any portion thereof, the following provisions of this section shall have effect for the purpose of such determination.

Any reference in this section to a " relevant prestation " is a reference to any such feu-duty or ground annual or other annual or recurring payment or incumbrance (or any portion thereof) relating to the land as is mentioned in this subsection.

(2) The aggregate amount of the consideration payable as aforesaid in respect of all relevant prestations (in this section referred to as the " aggregate consideration ") shall be an amount equal to the difference between—

(a) the amount of the compensation payable in respect of the acquisition of the dominium utile in the land, and

(b) the amount of the compensation which would have been so payable if the land had not been subject to any relevant prestation.

(3) Where the dominium utile has been acquired by agreement it shall be assumed for the purpose of estimating the amounts referred to in paragraphs (a) and (b) of the last preceding subsection that it was acquired compulsorily in pursuance of a notice to treat served on the date of the making of the contract.

(4) If the land is subject to only one relevant prestation the amount of the consideration in respect of the discharge of the land from that prestation shall be equal to the aggregate consideration.

(5) If the land is subject to two or more relevant prestations the market value of each such prestation immediately before the service of the notice to treat or, as the case may be, the making of the contract, shall be estimated and the aggregate consideration shall be attributed to the discharge of the land from the relevant prestations in order of priority, so however that so much thereof as is attributed to the discharge of the land from any prestation shall (without prejudice to the next following subsection) not exceed the value, estimated as aforesaid, of that prestation.

(6) If, after giving effect to the provisions of the last preceding subsection, in any case to which they apply, there remains an unattributed balance of the aggregate consideration, the amounts attributed in accordance with those provisions shall be increased proportionately so as to extinguish the balance.

(7) Subject to the next following subsection references in this section to the compensation payable in respect of the acquisition of the dominium utile in any land shall be construed as references to such compensation exclusive of any compensation for disturbance or for severance or injurious affection.

(8) In relation to the acquisition of the dominium utile in any land to which Rule (5) set out in section two of the Acquisition of Land (Assessment of Compensation) Act, 1919, applied, references in this section to the compensation payable in respect of the acquisition shall be construed as references to the compensation (exclusive of any compensation for disturbance or for severance or injurious affection) which would have been so payable if the dominium utile in question had been an interest to which subsection (4) of section eighty-two of the principal Act (which relates to land held for charitable purposes) applied.

63 Transfer to Secretary of State of functions of Central Land Board exercisable in Scotland

(1) Her Majesty may, by any Order in Council under section sixty-three of the Town and Country Planning Act, 1954, providing for the winding up and dissolution of the Central Land Board, provide for the transfer to the Secretary of State of any of the functions of the Board exercisable in Scotland which at such date as may be specified in the Order have not been fully performed, and any such Order in Council may contain such incidental, consequential and supplementary provisions as may appear to Her Majesty to be expedient for the purposes of that transfer.

(2) On the dissolution of the Central Land Board by an Order in Council under the said section sixty-three, section one of the principal Act (which relates to that Board) shall cease to have effect.

64 General financial provisions

(1) The Treasury may issue to the Secretary of State and to the Central Land Board out of the Consolidated Fund such sums as are necessary to enable the Secretary of State and the Board respectively to make any payments becoming payable by him or them under any provision of Part I or V of this Act.

(2) For the purpose of providing sums to be issued under the preceding subsection, or of providing for the replacement of sums so issued, the Treasury may at any time, if they think fit, raise money in any manner in which they are authorised to raise money under the National Loans Act, 1939, and any securities created and issued to raise money under this subsection shall be deemed for all purposes to have been created and issued under that Act.

(3) The provisions of this subsection shall have effect as to the repayment of sums issued under subsection (1) of this section, that is to say—

(a) the aggregate of the sums so issued in any financial year, whether to the Secretary of State or to the Central Land Board, shall be repaid by the Secretary of State into the Exchequer, as mentioned in the next following paragraph, with interest thereon at such rate as the Treasury may determine, the said interest accruing, as respects the whole aggregate, from such date in the financial year in which the sums are issued as the Treasury may determine;

(b) the said aggregate shall be repaid by twenty equal annual instalments, of principal and interest combined, falling due on the anniversary of the date determined under the preceding paragraph, the first such instalment falling due in the financial year next following the financial year in which the sums in question were issued;

(c) subject to the next following subsection, any instalment to be paid into the Exchequer under the last preceding paragraph shall be paid out of moneys provided by Parliament.

(4) Any sums received by the Secretary of State or by the Central Land Board—

(a) by virtue of subsection (4) of section forty-eight of this Act,

(b) under subsections (1) to (5) of section fifty-four of this Act, or

(c) under subsection (6) of the said section fifty-four, or under that subsection as applied by regulations made under subsection (8) of that section, not being in either case sums recovered by reference to compensation payable under Part II of this Act or to compensation to which Part IV of this Act applies,

shall be paid into the Exchequer, and shall be treated as paid in satisfaction, or part satisfaction, of such one or more instalments payable under the last preceding subsection as the Treasury may determine.

(5) All sums paid into the Exchequer under the two last preceding subsections shall be issued out of the Consolidated Fund at such times as the Treasury may direct, and shall be applied by the Treasury as follows:—

(a) so much thereof as represents principal shall be applied in redeeming or paying off debt of such description as the Treasury think fit;

(b) so much thereof as represents interest shall be applied to the payment of interest which would, apart from this paragraph, have fallen to be paid out of the permanent annual charge for the National Debt.

(6) The Secretary of State and the Central Land Board shall each prepare, in respect of each financial year, in such form and manner and at such times as the Treasury may direct, an account of the sums issued to them respectively out of the Consolidated Fund under subsection (1) of this section, and of any such sums received by them as are mentioned in subsection (4) of this section.

(7) On or before the thirtieth day of November in each year, the Secretary of State and the Central Land Board shall transmit to the Comptroller and Auditor General the account prepared by him or them under the last preceding subsection in respect of the last preceding financial year, and the Comptroller and Auditor General shall examine and certify such account and lay before each House of Parliament copies thereof, together with his report thereon.

(8) There shall be paid out of moneys provided by Parliament—

(a) any sums necessary to enable the Secretary of State to make any payment becoming payable by him under any provision of Part II or IV of this Act;

(b) any administrative expenses of the Secretary of State under this Act;

(c) to such extent as may be sanctioned by the Treasury, any administrative expenses incurred for the purposes of this Act by the Central Land Board with the approval of the Secretary of State;

(d) any sum falling to be paid by the Central Land Board under subsection (2) of section fifty-six of this Act;

(e) any increase attributable to the provisions of this Act in the sums which under any other enactment are payable out of moneys provided.

(9) Subject to the preceding provisions of this section, and to the provisions of section forty-three of this Act, any receipts of the Secretary of State or the Central Land Board under any provision of this Act other than this section shall be paid into the Exchequer.

(10) As soon as practicable after—

(a) the expiration of a period of five years commencing with the date of commencement of this Act; or

(b) the expiration of the financial year in which the aggregate of all payments made by the Secretary of State under Parts II and IV of this Act reaches two million pounds,

whichever is the earlier, the Secretary of State shall lay before Parliament a report with respect to those payments and to any sums received by him under this Act other than such sums as are mentioned in subsection (4) of this section.

65 General provisions as to calculation of value

In calculating value for any of the purposes of this Act—

(a) Rules (2) to (4) of the Rules set out in section two of the Acquisition of Land (Assessment of Compensation) Act, 1919, shall apply with the necessary modifications;

(b) if the interest to be valued is subject to a heritable security, it shall be treated as if it were not subject to the security:

Provided that Rule (3) of those Rules shall not apply for the purposes of the Fourth Schedule to this Act, and paragraph (b) of this section shall not apply for the purposes of subsection (3) of section six of this Act, and that the value of an interest, as calculated for the purposes of section twenty-six of this Act, or of that section as applied by section forty-five of this Act, may be a minus quantity.

66 Provision for diversion of payments

(1) Regulations made under this section may make provision as to the exercise of the right to apply for a payment under Part I of this Act, or to claim compensation under Part II or Part V thereof or compensation for depreciation within the meaning of subsection (3) of section forty of this Act, and as to the person to whom any such payment or compensation, or any part thereof, is to be made or paid, and as to application of any such payment or compensation or any part thereof, in cases where, apart from this section, the right to apply for the payment or to claim the compensation, as the case may be, is exercisable by reference to—

(a) a claim holding which is subject to an assignation in security, or which was so subject at a time specified in the regulations; or

(b) an interest in land which is subject to a ground annual or a heritable security or a trust, or which was so subject at a time specified in the regulations; or

(c) an interest in land which is the interest of a vassal or a lessee.

(2) Any regulations made under this section may provide—

(a) for such conditions as may be prescribed to be attached to the making or paying by virtue of the regulations of any such payment or compensation as aforesaid or any part thereof;

(b) for the application, in a case where any payment or compensation, or any part thereof, is by virtue of the regulations to be made or paid to a superior or to the creditor in a ground annual, of all or any of the provisions of section twenty-five of the War Damage Act, 1943 (which relates to the rights of superiors and creditors in ground annuals as to payments for war damage) subject to such adaptations and modifications as may be prescribed ; and

(c) for any disputes, or any disputes of such classes as may be prescribed, arising out of the regulations to be referred to the Lands Tribunal for determination by that Tribunal.

67 Application of miscellaneous provisions of principal Act

(1) Subsections (5) and (6) of section one of the principal Act (which relate to the functions of the Central Land Board) shall have effect in relation to this Act as they have effect in relation to the principal Act.

(2) Subsection (1) of section ninety-nine of the principal Act, in so far as it confers powers of entry on land, shall have effect as if (in addition to the powers so conferred) it conferred power on any person, being an officer of the Valuation Office or a person duly authorised in writing by the Secretary of State, to enter upon any land, at any reasonable time, for the purpose of surveying it, or estimating its value, in connection with—

(a) an application for a payment under Part I of this Act in respect of that land or any other land, or

(b) a claim for compensation under Part II or Part V of this Act in respect of that land or any other land,

and subsections (4) to (7), and subsection (9), of that section shall have effect accordingly.

(3) Section one hundred and one of the principal Act (which relates to the service of notices) shall apply for the purposes of this Act.

(4) Section eighty-eight and subsection (2) of section one hundred and thirteen of the principal Act (which relate to the determination of questions as to special classes of land) shall apply, for the purposes of this Act, for the determination of any question whether land is land of a class specified in the Sixth Schedule to this Act, as they apply for the determination of questions as to classes of land for the purposes of the principal Act.

(5) Section one hundred of the principal Act (which authorises the Secretary of State to hold local inquiries for the purposes of that Act) shall apply for the purposes of this Act.

68 Provisions as to regulations

(1) The Secretary of State may make regulations under this Act for any purpose for which regulations are authorised or required to be made under this Act.

(2) Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.

(3) Any statutory instrument containing regulations made under this Act (except regulations which, by virtue of any provision of this Act, are to be of no effect unless approved by resolution of each House of Parliament) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

69 Interpretation

(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• " the Act of 1953 " means the Town and Country Planning Act, 1953 ;

• " claim holding " has the meaning assigned to it by section two of this Act;

• " compensation calculated on the basis of equivalent reinstatement " means compensation calculated in accordance with Rule (5) of the Rules set out in section two of the Acquisition of Land (Assessment of Compensation) Act, 1919;

• " compensation calculated on the basis of prevailing use " means compensation with respect to the calculation of which any of the following provisions applies, that is to say, subsection (5) of section seventy-nine, subsection (4) of section eighty-one, the said subsection (4) as applied by regulations made under section eighty-six, or subsection (4) of section eighty-two, of the principal Act;

• " compensation on the basis of existing use " means compensation with respect to the assessment of which the following provisions apply, that is to say, the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as modified by sections forty-eight, fifty and fifty-one of the principal Act, not being compensation calculated on the basis of equivalent reinstatement or on the basis of prevailing use and excluding any compensation for disturbance or for severance or injurious affection;

• " compulsory acquisition " does not include the vesting in a person by an Act of Parliament of property previously vested in some other person ;

• " established claim " and " claim area " have the meanings assigned to them by section one of this Act;

• " new development " has the meaning assigned to it by section sixteen of this Act;

• " planning decision " has the meaning assigned to it by section sixteen of this Act;

• " prescribed " means prescribed by regulations under this Act;

• " previous apportionment " in relation to an apportionment for any of the purposes of this Act means an apportionment made before the apportionment in question, being—

  (a)

  an apportionment for any of the purposes of this Act as made, confirmed or varied by the Lands Tribunal on a reference thereto ; or

  (b)

  an apportionment for any of the purposes of this Act which might have been referred to the Lands Tribunal by virtue of any provision of this Act but in the case of which the time for such a reference has expired without its being so referred, or which was so referred but in the case of which the reference was withdrawn before the Tribunal gave their decision thereon; or

  (c)

  an apportionment made by or with the approval of the Central Land Board in connection with the approval by the Board of an assignation of part of the benefit of an established claim under subsection (2) of section two of the Act of 1953 ;

• " principal Act " means the Town and Country Planning (Scotland) Act, 1947;

• " public authority possessing compulsory purchase powers ", in relation to the compulsory acquisition of an interest in land, means the person or body of persons effecting the acquisition, and, in relation to any other transaction relating to an interest in land, means any person or body of persons who could be or have been authorised to acquire that interest compulsorily for the purposes for which the transaction is or was effected:

  Provided that in relation to any such transaction to which an executive council or a joint committee constituted by virtue of section thirty-two of the National Health Service (Scotland) Act, 1947, are a party in the exercise of their statutory functions, the said expression shall be construed as including that council or joint committee.

• " unexpended balance of established development value " means an amount ascertained in accordance with sections seventeen and eighteen, and "original unexpended balance of established development value " has the meaning assigned to it by section seventeen of this Act ;

• " valuable consideration " does not include marriage or a nominal consideration;

• " will " includes a codicil.

(2) Subject to the preceding subsection, and except where the context otherwise requires, expressions used in this Act and in the principal Act have the same meanings in this Act as in that Act.

(3) As respects references in this Act to planning decisions—

(a) where in consequence of any planning decision a purchase notice has been served under section seventeen of the principal Act and on consideration of that notice the Secretary of State has made any planning decision under that section, such references shall be construed as references to the last mentioned and not to the first mentioned decision;

(b) without prejudice to the preceding paragraph, in relation to a decision altered on appeal by the reversal or variation of the whole or any part thereof, such references shall be construed as references to the decision as so altered;

(c) without prejudice as aforesaid, in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the local planning authority and not to the decision of the Secretary of State on the appeal;

(d) without prejudice as aforesaid, in relation to a decision given on an appeal made by virtue of subsection (3) of section fourteen of the principal Act in default of a decision by the local planning authority, such references shall be construed as references to the decision so given.

(4) For the purposes of this Act—

(a) the time of a planning decision by the Secretary of State such as is referred to in paragraph (a) of the last foregoing subsection shall be taken to be or to have been the time of the decision in consequence of which the purchase notice so referred to was served; and

(b) without prejudice to the preceding paragraph, the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or to have been the time of the decision as made by the local planning authority, whether or not that decision is or was altered on that appeal by the reversal or variation of the appeal or any part thereof, or, in the case of such a decision as is mentioned in paragraph (d) of the last preceding subsection, the time when by virtue of subsection (3) of section fourteen of the principal Act notification of a decision by the local planning authority is deemed to have been given.

(5) For the purposes of this Act a development charge—

(a) shall be deemed not to have been determined if the determination thereof ceased to have effect by virtue of subsection (2) of section seventy of the principal Act, or if, by virtue of subsection (1) of section one of the Act of 1953, the charge is not payable, or if any sum paid in respect of the charge became repayable under subsection (5) of section one of the Act of 1953 ;

(b) shall be deemed to have become payable notwithstanding any agreement of the Central Land Board to a postponement of the payment of the charge, if the whole or part of the charge would have been payable but for that agreement;

and references in this Act to a determination of the Central Land Board that a development charge was payable, or as to the amount of a development charge, shall, in a case where the Board subsequently varied their determination, be construed as references to that determination as so varied.

(6) References in this Act to the Lands Tribunal are references to the Lands Tribunal for Scotland:

Provided that until sections one to three of the Lands Tribunal Act, 1949, come into force as regards Scotland this subsection shall have effect as if for the reference to the Lands Tribunal for Scotland there were substituted a reference to an official arbiter appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and sections three, five and six of that Act shall apply, subject to any necessary modifications, in relation to the determination of any question, under this Act, by an arbiter so appointed.

(7) References in this Act to the local planning authority in relation to any land are references to the local planning authority for the district in which the land is situated.

(8) References in this Act to any other enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment, including this Act.

(9) Any reference in this Act to the dominium utile in relation to land which is not held on feudal tenure shall be construed as a reference to the interest in the land of the owner thereof.

(10) Any reference in this Act to an assignation in security shall be construed as including a reference to an ex facie absolute assignation qualified as a security by a collateral agreement.

70 Minor and consequential amendments and repeals

(1) Subject to the provisions of this section, the enactments specified in the Eighth Schedule to this Act shall have effect subject to the amendments specified in that Schedule, being 'minor amendments or amendments consequential on the provisions of this Act.

(2) Subject to the provisions of this section, the enactments specified in the Ninth Schedule to this Act are hereby repealed to the extent specified in relation thereto in the third column of that Schedule.

(3) Subject to the provisions of subsection (3) of section thirty-two of this Act, the amendment by virtue of this section of the Third Schedule to the principal Act shall not have effect for the purposes of the following provisions of that Act, that is to say section fifty-one (which relates to the assessment of compensation for the compulsory acquisition of requisitioned land), section fifty-eight (which relates to the ascertainment of development values), section sixty-six (which relates to development charges) and subsection (1) of section eighty-five (which relates to the calculation of the development value of requisitioned land).

(4) As respects amendments and repeals relating to sections ninety and ninety-one of the principal Act, the provisions of this section shall have effect subject to section fifty-three of this Act.

(5) The repeal by virtue of this section of the proviso to subsection (1) of section twenty of the principal Act shall not affect compensation in respect of any order made under section nineteen of that Act before the commencement of this Act.

(6) References in any local Act, including any such Act passed at any time during the present Session of Parliament, to Part II of the Act of 1945, or to Part IV of the principal Act shall be construed in relation to compensation payable on a compulsory acquisition of land thereunder in pursuance of a notice to treat served after the commencement of this Act as including a reference to Part III of this Act:

Provided that nothing in any such Act shall, by virtue of this subsection, be construed as excluding the application of the said Part III in relation to compensation payable in respect of any compulsory acquisition of land.

71 Short title, citation, commencement and extent

(1) This Act may be cited as the Town and Country Planning (Scotland) Act, 1954, and the Town and Country Planning (Scotland) Acts, 1947 and 1951, the Town and Country Planning Act, 1953, in its application to Scotland, and this Act, may be cited together as the Town and Country Planning (Scotland) Acts, 1947 to 1954.

(2) This Act shall come into operation on such day as the Secretary of State may by order appoint, and different days may be appointed for different purposes of this Act; and if different days are so appointed, references in any provision of this Act to the commencement of this Act shall be construed as references to the time at which that provision comes into operation.

(3) Any order made under the last preceding subsection shall be made by statutory instrument and, at any time before the day appointed thereby, may be revoked or varied by a subsequent order under that subsection.

(4) This Act shall extend to Scotland only.