Building Restrictions (War-Time Contraventions) Act 1946

7 Interpretation

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

• " authority responsible for enforcing planning control " means—

  (a)

  in relation to land subject to a resolution to prepare or adopt a scheme under the Town and Country Planning Act, 1932, the council of a county, county borough or county district, or joint committee, empowered by an interim development order to permit the development of the land ;

  (b)

  in relation to land subject to such a scheme, the authority responsible for enforcing the relevant provisions of the scheme ;

• " building law " means any obligation or restriction as to the construction, nature or situation of works on land or as to any other circumstances of such works (including the use of the land) having effect by virtue of—

  (a)

  any enactment contained in Part II or IV of the [26 Geo. 5 and 1 Edw. 8. c. 49.] Public Health Act, 1936, or byelaws made under any such enactment,

  (b)

  any enactment contained in Part II or III of the [26 Geo. 5 and 1 Edw. 8. c. 50.] Public Health (London) Act, 1936, or byelaws made under any such enactment,

  (c)

  the London Building Acts, 1930 to 1939, or byelaws made thereunder,

  (d)

  section one hundred and fifty-seven of the [38 & 39 Vict. c. 55.] Public Health Act, 1875, or subsection (2) of section one hundred and forty of the [26 Geo. 5 and 1 Edw. 8. c. 51.] Housing Act, 1936, or byelaws made thereunder,

  (e)

  the [51 & 52 Vict. c. 52.] Public Health (Buildings in Streets) Act, 1888,

  (f)

  the [15 & 16 Geo. 5. c. 68.] Roads Improvement Act, 1925,

  (g)

  sections thirty to thirty-four of the [15 & 16 Geo. 5. c. 71.] Public Health Act, 1925,

  (h)

  the [25 & 26 Geo. 5. c. 47.] Restriction of Ribbon Development Act, 1935. or

  (i)

  any enactment in a local Act made for purposes similar to the purposes of any of the said Acts, or any byelaws made under any such enactment;

• " local Act " includes an Act confirming a provisional order ;

• " owner " has the same meaning as in the Housing Act, 1936, and " owned " shall be construed accordingly ;

• " war period " has the meaning assigned to it by subsection (1) of section one of this Act;

• " works " includes any building, structure, excavation or other work on land.

(2) References in this Act to non-compliance with a building law mean, in relation to any works on land, that the construction, nature or situation of the works or any other circumstances thereof (including the use of the land) are such either that the works do not comply with the building law in question or that by virtue of that law the rejection of plans for the works is expressly required or authorised; and references in this Act to compliance with a building law shall be construed accordingly.

(3) References in this Act to non-compliance with planning control mean—

(a) in relation to works on land carried out, or a use of land begun, at a time when the land was subject to a resolution to prepare a scheme under the Town and Country Planning Act, 1932, that the works were carried out or the use begun otherwise than in accordance with the terms of an interim development order or of permission granted under such an order ;

(b) in relation to works on land carried out, or a use of land begun, at a time when the land was subject to such a scheme, that the works were carried out or the use begun otherwise than in conformity with the provisions of the scheme ;

and references in this Act to compliance with planning control shall be construed accordingly.

(4) References in this Act to the enforcement of a building law shall be construed as references to securing (whether by the doing of work on land or the requiring, by injunction or otherwise, that some other person shall do work on land) that works on land not complying with the building law in question shall either be demolished or removed, or be altered so as to comply therewith.

(5) References in this Act to the enforcement of planning control shall be construed as references to the exercise of the powers conferred by section thirteen of the Town and Country Planning Act, 1932 (which gives power to remove, pull down or alter buildings or works not conforming with a scheme under that Act, and to prohibit a use of land not conforming with such a scheme) or by section five of the Town and Country Planning (Interim Development) Act, 1943 (which gives similar powers to enforce interim development control).

(6) In calculating for any of the purposes of this Act the period of -five years from the end of the war period there shall be disregarded any time during which, notwithstanding the provisions of subsection (2) of section one of this Act, a building law or planning control is unenforceable by reason of the subsistence in or over land of any interest or right to possession held by or on behalf of the Crown.