Town and Country Planning Act 1962

PART XII Miscellaneous and Supplementary Provisions

Registration of payments under s. 59 of Act of 1947

46 (1) The repeal shall not affect the operation of subsections (1) and (2) of section fifty-seven of the Act of 1954, in so far as those subsections would have continued to have effect if this Act had not been passed.

(2) In subsection (1) of the said section fifty-seven, the references o subsection (7) of section fifty-two of that Act and to paragraph (a) of the proviso to that subsection shall be construed as including references respectively to subsection (1) and to subsection (2) of section one hundred and ninety-one.

Saving for Act of 1944 as applied by other enactments

47 The repeal shall not affect the operation of any provisions of the Act of 1944 as applied by the New Towns Act, 1946.

48 (1) This paragraph shall have effect for the purposes of any enactment (not contained in the New Towns Act, 1946) which applies the provisions of section twenty-five of the Act of 1944, with adaptations consisting of or including adaptations of the references in that section to a purchasing authority or to the purchasing or appropriating authority.

(2) Any such enactment shall be construed (in accordance with Part I of this Schedule or section thirty-eight of the Interpretation Act, 1889) as applying the provisions of section one hundred and sixty-four, and of subsection (2) of section one hundred and seventy, with corresponding adaptations of the references in those provisions to a Minister, a local authority or statutory undertakers, or to the acquiring or appropriating authority, as the case may require.

Definition of “local authority”

49 For the purposes of the construction, in accordance with Part I of this Schedule, of any enactment which incorporates the definition of “local authority ” in the Act of 1947, section one hundred and fifty-four and the reference thereto in the corresponding definition in subsection (1) of section two hundred and twenty-one shall be disregarded.

Saving for powers of Postmaster-General

50 Except as provided by section one hundred and fifty-eight, nothing in the provisions of this Act specified in paragraph 1 of the Eighth Schedule thereto or in any order or regulations made thereunder shall affect any powers or duties of the Postmaster-Geineral under the provisions of the Telegraph Acts, 1863 to 1954, or apply to any telegraphic lines (within the meaning of the Telegraph Act, 1878) placed or maintained by virtue of any of the provisions of those Acts.

Saving in respect of works below high-water mark

51 Nothing in the provisions of this Act specified in paragraph 1 of the Eighth Schedule thereto shall authorise the execution of any works (whether of construction, demolition or alteration) on, over or under tidal lands below high-water of ordinary spring tides, except—

(a) with the consent of any persons whose consent would have been required if this Act had not been passed, and

(b) in accordance with such plans and sections, and subject to such restrictions and conditions, as may be approved by the Minister of Transport before the works are begun.

Land Compensation Act, 1961, s. 31

52 Any reference in this Act to the power conferred by section thirty-one of the Land Compensation Act, 1961, to withdraw a notice to treat shall, in relation to any notice to treat falling within section forty-one of that Act, be construed as a reference to the corresponding power conferred by subsection (2) of section five of the Acquisition of Land (Assessment of Compensation) Act, 1919.

“The Minister” in relation to time before 3rd November, 1951

53 Any reference in this Act to the Minister—

(a) in relation to any time before the third day of November, nineteen hundred and fifty-one, but on or after the thirtieth day of January, nineteen hundred and fifty-one, shall be construed as a reference to the Minister of Local Government and Planning, and

(b) in relation to any time before the said thirtieth day of January, shall be construed as a reference to the Minister of Town and Country Planning.

Supplementary

54 (1) Where in this Act (including this Schedule except Part I thereof) express provision is made in respect of any matter, the provisions of Part I of this Schedule, in so far as they are applicable to that matter, shall have effect subject to that express provision.

(2) Except as provided by the preceding sub-paragraph, the mention in any of the provisions of this Act (including this Schedule except Part I thereof) of any matter to which Part I of this Schedule is applicable shall not be construed as affecting the generality of the provisions of Part I of this Schedule.

55 Any reference in this Schedule to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in this Act.

56 In this Schedule “the repeal ” means the repeal effected by section two hundred and twenty-three.