Part III Miscellaneous and Supplementary Provisions

52C1 General application to Scotland.

1

The provisions of this section shall, in addition to any express provision for the application to Scotland of any provision of this Act, have effect for the general application of this Act to Scotland.

C22

In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

  • F1the Act of 1997 ” means the Town and Country Planning (Scotland) Act 1997

  • agriculture” has the same meaning as in the M1Agriculture (Scotland) Act 1948, and “agricultural” (except in the expressions “agricultural holding” and “agricultural land”) shall be construed accordingly;

  • F18agricultural holding ” has the meaning assigned to it by section one of the Scottish Act of F2 1991 ;

    F18“agricultural holding” means the land comprised in a lease constituting a 1991 Act tenancy within the meaning of the Scottish Act of 2003 or the land comprised in a lease constituting a short limited duration tenancy F23or a limited duration tenancyF23a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy (within the meaning of that Act);

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  • F4appropriate Minster ” means—

    1. a

      in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour or pier undertaking, F5the Minister of Transport;

    2. b

      in relation to statutory undertakers carrying on an undertaking for the supply of gas or hydraulic power, the Secretary of State for Energy;

    3. c

      in relation to the Civil Aviation Authority or statutory undertakers carrying on any lighthouse undertaking, the Secretary of State for Trade;

    4. d

      F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. e

      in relation to statutory undertakers carrying on an undertaking for the supply of . . . F7 water, the Secretary of State for Scotland; and

    6. f

      in all other cases, the Secretary of State for the Environment.

  • chattels” means corporeal moveables;

  • easement” means servitude;

  • freehold interest” means the interest of the owner F19...;

  • land” includes salmon fishings;

  • F8local authority” has the meaning assigned to it by section 235 of the M2Local Government (Scotland) Act 1973;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9local planning authority”, “statutory undertakers”, “statutory undertaking” , “heritable security”, “heritable creditor”, and “National Trust for Scotland” have the same meanings as in the Scottish Act of 1947 F10(but “statutory undertakers” and “statutory undertaking” do not include a universal service provider within the meaning of F22Part 3 of the Postal Services Act 2011 and his undertaking).;

  • owner” in relation to land, subject to subsection (2) of the last preceding section, means the owner F19...;

  • F11“planning permission” means planning permission under Part III of F12Act of 1997

  • the Landholders Acts” means the Small Landholders (Scotland) Acts 1886 to 1931;

  • the Scottish Acquisition of Land Act” means the M3Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

  • F13“the Act of 1972” means F13the M4Town and Country Planning (Scotland) Act 1972;

  • F2the Scottish Act of 1991” means the Agricultural Holdings (Scotland) Act 1991;.

3

For any reference to a F14water authoritythere shall F15, except in so far as the context otherwise requires,be substituted a reference to F16the Scottish Environment Protection Agency.

F214

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5

Where, immediately before the coming into operation of an authorisation under section one of this Act, any of the land comprised in the authorisation consists of or includes a holding to which any of the provisions of the Landholders Acts apply or a croft within the meaning of the M5Crofters (Scotland) Act 1955, or part of such a holding or croft, the provisions of this Act shall, in relation to that land, have effect subject to the following modifications, that is to say—

a

references to an agricultural holding, to the tenant of an agricultural holding and to F17the Scottish Act of 1991 shall include respectively references to such a holding or croft as aforesaid, to a landholder or crofter, and to the Landholders Acts or the M6Crofters (Scotland) Act 1955, as the case may be and for references to F17section 45 of the Scottish Act of 1991 there shall be substituted references to section ten of the M7Crofters Holding (Scotland) Act 1886, or section fourteen of the M8Crofters (Scotland) Act 1955, as the case may require:

Provided that for the purposes of section twenty-three of this Act any improvement on the holding for which the landholder or the crofter would on the termination of his tenancy be entitled to compensation under the Landholders Acts or the M9Crofters (Scotland) Act 1955, as the case may be, shall be treated as a separate holding, and any compensation payable under the said section in respect of the improvement shall be payable to the landholder or crofter as if he were the owner thereof; and sections twenty-four and twenty-five shall not apply to any improvement in respect of which compensation is so payable;

b

any dispute as to a right to compensation under this Act of a landholder or crofter or of the owner of a holding or croft in respect thereof or as to the amount of any such compensation, and any matter arising in relation to a holding or croft which is referred to arbitration under this Act, shall be determined by the Scottish Land Court, and the provisions of the Landholders Acts shall, with any necessary modifications, apply for the purpose as they apply for the determination of matters referred to that Court under those Acts.

F206

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F207

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F208

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