Town and Country Planning (Scotland) Act 1959

Section 55.

SEVENTH SCHEDULE Enactments Amended

The Town and Country Planning (Scotland) Act, 1947

In section sixteen, after subsection (5), there shall be inserted the following subsection:—

“(6) Where permission to develop land is granted by a development order subject to limitations, nothing in this Part of this Act shall be construed as requiring permission to be obtained thereunder for the use of that land which (apart from its use in accordance with that permission) is the normal use of that land, unless the last-mentioned use was begun in contravention of the provisions of this Part of this Act or was begun before the appointed day in contravention of previous planning control within the meaning of section seventy-two of this Act.”

In section seventeen, in subsection (2), for the words " that authority shall forthwith transmit a copy of the notice to the Secretary of State " there shall be substituted the words " and that authority propose to serve on the owner a notice in accordance with paragraph (c) of subsection (1a) of this section, they shall transmit a copy of the purchase notice to the Secretary of State, together with a statement of their reasons " ; for the words " the foregoing subsection " there shall be substituted the words " subsection (1) of this section " ; and in paragraph (c) of the proviso to that subsection, after the word " authority ", in the first place where it occurs, there shall be inserted the words " or statutory undertakers " and after the word " authority ", in the second place where it occurs, there shall be inserted the words " or, as the case may be, those statutory undertakers " ; in subsection (3), for the words " the date on which a purchase notice is served under this section ", there shall be substituted the words " the end of the period specified in subsection (1a) of this section, or the date on which a copy of the purchase notice is transmitted to the Secretary of State, whichever is the earlier ", and in subsection (5), after the word "authority" in paragraph (c), there shall be inserted the words " or statutory undertakers ", for the words "or authority" there shall be substituted the words " authority or statutory undertakers ", and for the words "and authorities " there shall be substituted the words " authorities and undertakers " .

In section eighteen, in subsections (3) and (4) for the words " compulsory purchase value ", in each place where they occur, there shall be substituted the words " existing use value " ; and at the end of subsection (4) there shall be added the words " and the purchase were not a compulsory acquisition to which section one of the Town and Country Planning (Scotland) Act, 1959, applies " .

In section twenty-one, in subsections (1), (2) and (4), after the word " conditions ", in each place where that word occurs, there shall be inserted the words " or limitations " .

In section twenty-two, in subsection (3), after the word "conditions " there shall be inserted the words " or limitations " .

In section twenty-five, in paragraph (a) of subsection (3), for the words " the foregoing subsection" there shall be substituted the words " subsection (1) of this section " .

In section fifty-one, after subsection (2), there shall be inserted the following subsection:—

“(2A) Where, in the case of a compulsory acquisition to which section one of the Town and Country Planning (Scotland) Act, 1959, applies.—

(a) Part VIII of the Requisitioned Land and War Works Act, 1945, applies to the acquisition, and

(b) the land is requisitioned land and the period of requisition had begun before the appointed day,

subsections (3) and (4) of section three of the said Act of 1959 shall have effect as if for any reference to the appointed day in the Third Schedule to this Act there were substituted a reference to the beginning of the period of requisition”;

and in subsection (3), after the words " paragraph (a) " there shall be inserted the words " of subsection (2) of this section or by virtue " /

The Town and Country Planning (Scotland) Act, 1954

In section thirty, in subsection (6), after the words " section fifty-four of this Act" there shall be inserted the words " (either as originally enacted or as amended by section forty-nine of the Town and Country Planning (Scotland) Act, 1959) ", and for the words " that section " there shall be substituted the words " the said section fifty-four " .

In section fifty-five, in subsection (1), for the word " price " there shall be substituted the word " value " ; and in subsection (2) for the words " value and price" there shall be substituted the word " values " , and for paragraph (b) there shall be substituted the following paragraph:—

“(b) the value which such dominium utile (subject as mentioned in the preceding paragraph but otherwise free from burdens) would have at that time if the land were then in the state in which it was when possession thereof was taken in the exercise of emergency powers.”

In section sixty-two, in subsection (8), at the end, there shall be inserted the following proviso, that is to say.—

“Provided that, where the acquisition in question is a transaction in relation to which the repeal of the said subsection (4) by section fifty-five of the Town and Country Planning (Scotland) Act, 1959, has effect, this subsection shall have effect as if for the words from ' the dominium utile in question' to the word ' applied' (in the second place where that word occurs) there were substituted the words ' the said Rule (5) had not applied '”