Building Restrictions (War-Time Contraventions) Act 1946

8 Application to Scotland

(1) This Act shall in its application to Scotland have effect subject to the following provisions of this section.

(2) For any reference to the Minister of Health or to the Minister of Town and Country Planning there shall be substituted a reference to the Secretary of State; for any reference to the High Court there shall be substituted a reference to the Court of Session ; for references to the Town and Country Planning Act, 1932, and the Town and Country Planning (Interim Development) Act, 1943, there shall be respectively substituted references to the [22 & 23 Geo. 5. c. 49.] Town and Country Planning (Scotland) Act, 1932, and the [6 & 7 Geo. 6. c. 43.] Town and Country Planning (Interim Development) (Scotland) Act, 1943.

(3) For any reference to a county borough there shall be substituted a reference to a burgh, and references to county districts shall not apply ; for any reference to an interest held in reversion expectant on the termination of another interest there shall be substituted a reference to the interest of the landlord in land subject to a lease ; for any reference to the fee simple in land there shall be substituted a reference to the interest of the proprietor of the dominium utile or, in the case of land other than feudal land, of the owner; and for any reference to an underlease there shall be substituted a reference to a sub-lease.

(4) Subsection (8) of section two shall have effect as if for the words " in the form of a special case for the opinion of the High Court " there were substituted the words " a case for the opinion of the Court of Session on ".

(5) Section seven shall have effect as if—

(a) for paragraphs (a) to (i) in the definition of " building law " the following paragraphs were substituted—

(a) any enactment contained in the Burgh Police (Scotland) Acts, 1892 to 1903, or in the [60 & 61 Vict. c. 38.] Public Health (Scotland) Act, 1897, or in the Housing (Scotland) Acts, 1925 to 1938, or byelaws made under any such enactment;

(b) the Roads Improvement Act, 1925 ;

(c) the Restriction of Ribbon Development Act, 1935 ;

(d) any enactment in a local Act made for purposes similar to the purposes of any of the aforesaid enactments or any byelaws made under such local enactment, or

(e) any enactment or rule of the common law conferring powers on a dean of guild court or any body performing the functions of such a court ; and

(b) for the definition of " owner " the following definition were substituted—

• " owner" includes in relation to any land any person who under the Lands Clauses Acts would be , enabled to sell and convey the land to the promoters of an undertaking.