93(1)The authority shall be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, namely.β
(i)section 14 of the [1935 c. 47.] Restriction of Ribbon Development Act 1935 ;
(ii)section 3(4) of the [1936 c. 5 (1 Edw. & 1 Geo. 6).] Trunk Roads Act 1936 ;
(iii)sections 23 to 26 of, and Schedule 4 to, the [1945 c. 33.] Town and Country Planning (Scotland) Act 1945 ;
(iv)the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946;
(v)the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
(vi)sections 10, 17, 32(1), (2) and (4), 42(4) and (5), 94 and 99(9) of, and Schedule 5 to, the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947 ;
(vii)section 4 of the [1948 c. 17.] Requisitioned Land and War Works Act 1948 ;
(viii)the [1948 c. 28 (N.I.).] Roads Act (Northern Ireland) 1948 ;
(ix)the [1949 c. 67.] Civil Aviation Act 1949 ;
(x)the [1949 c. 97.] National Parks and Access to the Countryside Act 1949 ;
(xi)the [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;
(xii)the [1954 c. 56.] Landlord and Tenant Act 1954;
(xiii)section 19 of the [1954 c. 73.] Town and Country Planning (Scotland) Act 1954;
(xiv)section 39(6)(b) of the [1958 c. 69.] Opencast Coal Act 1958 ;
(xv)sections 152, 223 and 254(6) of, and Schedule 7 to, the [1959 c. 25.] Highways Act 1959 ;
(xvi)sections 31 and 38 of, and paragraph 2(6) of Schedule 5 to, the [1959 c. 70.] Town and Country Planning (Scotland) Act 1959 ;
(xvii)section 11 of the [1961 c. 33.] Land Compensation Act 1961 ;
(xviii)section 3(4) of the [1961 c. 41.] Flood Prevention (Scotland) Act 1961 ;
(xix)sections 12, 41, 70(2), 81, 82, 83, 103, 130 to 133 (both inclusive), 138 and 148(6), Part X and sections 179(7)(b), 189 and 212(6)(b) of the [1962 c. 38.] Town and Country Planning Act 1962 ;
(xx)the [1962 c. 58.] Pipe-lines Act 1962 ;
(xxi)section 18 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 ;
(xxii)Schedules 3 and 5 to the [1964 c. 40.] Harbours Act 1964 ;
(xxiii)Schedule 6 to the [1965 c. 36.] Gas Act 1965 ;
(xxiv)section 10(4) of the [1965 c. 46.] Highlands and Islands Development (Scotland) Act 1965;
(xxv)the [1965 c. 59.] New Towns Act 1965 ;
(xxvi)sections 14(2), 15(2), 35(3), 58 and 89(6) of the [1967 c. 1.] Land Commission Act 1967 ;
(xxvii)sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the [1967 c. 86.] Countryside (Scotland) Act 1967 ;
(xxviii)the [1968 c. 16.] New Towns (Scotland) Act 1968 ;
(xxix)paragraph 6 of Schedule 2 to the [1968 c. 41.] Countryside Act 1968 ;
(xxx)section 22 of the [1968 c. 47.] Sewerage (Scotland) Act 1968 ;
(xxxi)sections 33(1), 62, 63, 69 to 73 (both inclusive), 90, 93(3) and 94(3) of, and paragraphs 13, 14 and 15 of Schedule 5, Schedules 6 and 7 and paragraph 6 of Schedule 9 to, the [1968 c. 72.] Town and Country Planning Act 1968 ; and
(xxxii)sections 34(1), 62, 63, 70 to 74 (both inclusive), 89, 92(3) and 93(2) of, and paragraphs 12, 13 and 14 of Schedule 4, Schedules 5 to 7 and paragraph 5 of Schedule 9 to, the [1969 c. 30.] Town and Country Planning (Scotland) Act 1969 ;
subject to this exception, namely, that it shall not be so deemed for the purposes of section 164 of the [1962 c. 38.] Town and Country Planning Act 1962 as applied by section 13 of the [1958 c. 69.] Opencast Coal Act 1958.
(2)In the following enactments, namely.β
(a)sections 24 to 26 of the [1945 c. 33.] Town and Country Planning (Scotland) Act 1945 ;
(b)the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946 ;
(c)the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
(d)sections 42 and 99 of, and Schedule 5 to, the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947 ;
(e)the [1949 c. 67.] Civil Aviation Act 1949 ;
(f)section 39(6)(b) of the Opencast Coal Act 1958 ;
(g)section 254(6) of the [1959 c. 25.] Highways Act 1959 ;
(h)paragraph 2(6) of Schedule 5 to the [1959 c. 70.] Town and Country Planning (Scotland) Act 1959 ;
(i)section 148(6), Part X and section 212(6)(b) of the Town and Country Planning Act 1962 ;
(j)the [1962 c. 58.] Pipe-lines Act 1962 ;
(k)Schedules 3 and 5 to the [1964 c. 40.] Harbours Act 1964 ;
(l)Schedule 6 to the Gas Act 1965 ;
(m)section 10(4) of the Highlands and Islands Development (Scotland) Act 1965 ;
(n)the New Towns Act 1965 ;
(o)section 75(4) of the Countryside (Scotland) Act 1967 ;
(p)the [1968 c. 16.] New Towns (Scotland) Act 1968 ;
(q)section 73(5) of, and Schedule 6 and paragraph 4 of Schedule 7 to, the [1968 c. 72.] Town and Country Planning Act 1968 ; and
(r)section 74(5) of, and Schedule 5 and paragraph 4 of Schedule 7 to, the [1969 c. 30.] Town and Country Planning (Scotland) Act 1969 ;
" the appropriate Minister " shall, in relation to the authority, mean the Minister.
(3)The [1967 c. 1.] Land Commission Act 1967 shall have effect as if, in subsection (3) of section 58 thereof in its application to the authority, for the words from " the Minister who " to the end of the subsection, and in subsection (6) of section 89 thereof, in its application to the authority, for the words from "the appropriate Minister'' to the end of the subsection, there were substituted the words " the Minister of Posts and Telecommunications ".
(4)In the following enactments, namely.β
(a)section 32 of, and Schedule 5 to, the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947 ;
(b)section 19 of the [1954 c. 72.] Town and Country Planning (Scotland) Act 1954 ;
(c)section 103(3) and Part X of the [1962 c. 38.] Town and Country Planning Act 1962 ;
(d)section 13 of the [1962 c. 58.] Pipe-lines Act 1962;
(e)the [1965 c. 59.] New Towns Act 1965 ;
(f)section 58 of the [1967 c. 1.] Land Commission Act 1967 ;
(g)the New Towns (Scotland) Act 1968 ;
(h)section 71(3) of, and Schedule 6 to, the Town and Country Planning Act 1968 ; and
(i)section 72(3) of, and Schedule 5 to, the Town and Country Planning (Scotland) Act 1969 ;
" operational land " shall, in relation to the authority, mean land of its of any such class as may be specified in regulations made jointly by the Minister and the Minister of Housing and Local Government by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament) ; andβ
the definition of a class of land for the purposes of regulations made under this sub-paragraph may be framed by reference to any circumstances whatsoever ; and
if any question arises whether land of the authority's falls within a class specified in regulations so made, it shall be determined by the Minister.
In the application of this sub-paragraph to Scotland, for the reference to the Minister of Housing and Local Government there shall be substituted a reference to the Secretary of State.
(5)This paragraph shall come into operation on the appointed day.